5304-S AMH CL H2600.2

SSB 5304 - H COMM AMD ADOPTED 04/12/99

By Committee on Commerce & Labor

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 66.28.230 and 1989 c 271 s 232 are each amended to read as follows:

    (((1) Except as provided in subsection (2) of this section, the violation of any provisions of RCW 66.28.200 through 66.28.220 is punishable by a fine of not more than five hundred dollars.

    (2))) Except as provided in RCW 66.44.270, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a ((minor is liable, on conviction, for a first offense for a penalty of not more than five hundred dollars, or for imprisonment for not more than two months, or both; for a second offense for a penalty of not more than five hundred dollars or imprisonment for not more than six months, or both; and for a third or subsequent offense for a penalty of not more than five hundred dollars or imprisonment for more than one year, or both)) person under the age of twenty-one years is guilty of a gross misdemeanor punishable under RCW 9.92.020.

NEW SECTION. Sec. 2.  A new section is added to chapter 66.28 RCW to read as follows:

    The violation of any provisions of RCW 66.28.200 through 66.28.230 is a gross misdemeanor punishable under RCW 9.92.020.

    Sec. 3.  RCW 66.44.100 and 1981 1st ex.s. c 5 s 21 are each amended to read as follows:

    Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place.  Every person who violates any provision of this section shall be guilty of a ((misdemeanor, and on conviction therefor shall be fined not more than one hundred dollars)) class 3 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 4.  RCW 66.44.320 (Sales of liquor to minors a violation) and 1973 1st ex.s. c 209 s 19, 1933 c 2 s 1, & 1929 c 200 s 1 are each repealed.

NEW SECTION. Sec. 5.  This act applies to crimes committed on or after the effective date of this act."

    Correct the title.

EFFECT:  This striking amendment:  (1) Deletes changes to penalties established for violations of the liquor laws for which no penalty is specified; (2) designates consuming liquor in public a class 3 infraction which is punishable by a fine of up to $50; and (3) repeals a violation for selling liquor to a minor, which is addressed in another section of law making a similar violation a gross misdemeanor.

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