H-0764.1          _______________________________________________

 

                                  HOUSE BILL 1944

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Orr, Rasmussen, Riley, D. Sommers, Van Luven, Roland, Zellinsky, Ludwig, Inslee and Jacobsen.

 

Read first time February 15, 1991.  Referred to Committee on Judiciary.Prohibiting the public appearance of minors who have consumed intoxicating liquor.


     AN ACT Relating to alcoholic beverage control; adding a new section to chapter 66.44 RCW; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 66.44 RCW to read as follows:

     (1) It is unlawful for a person under the age of twenty-one years to appear on the public streets of a city, in a public place within a city, or in a motor vehicle on a public street within a city after consuming intoxicating liquor in violation of this chapter, regardless of where the consumption occurred, unless the person is accompanied by his or her parent or legal guardian.  At the time of the public appearance, evidence must exist as to the consumption of intoxicating liquor.

     (2) The court shall impose a fine of not less than twenty-five dollars on the first conviction for a violation of this section.  The court may suspend a portion or all of the fine on terms and conditions that appear proper to the court.  If a person convicted of a violation of this section has been previously convicted of, or forfeited bail for a violation of this section, the court shall impose a fine of not less than fifty dollars and no portion of the fine shall be suspended.

     (3) For purposes of this section, the presence of the odor of intoxicating liquor, beer, or wine on the breath of a person under the age of twenty-one years shall be prima facie evidence of the consumption of intoxicating liquor.  This subsection does not limit the introduction of other competent evidence, of the consumption of intoxicating liquor, in violation of this section.