H-3664

AN ACT Relating to restricting minors' access to alcohol; amending RCW 66.16.040, 66.20.070, 66.28.220, and 66.44.270; and prescribing penalties.

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

Sec. 1. RCW 66.16.040 and 1981 1st ex.s. c 5 s 8 are each amended to read as follows:

(1) Except as otherwise provided by law, an employee in a state liquor store or agency may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.

(2) Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age and bears his/her signature and photograph:

((~~(1)~~)) (a) Liquor control authority card of identification of any state or province of Canada.

((~~(2)~~)) (b) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.

((~~(3)~~)) (c) United States active duty military identification.

((~~(4)~~)) (d) Passport.

((~~(5)~~)) (e) Merchant Marine identification card issued by the United States Coast Guard.

(3) The board may adopt such regulations as it deems proper covering the acceptance of such cards of identification.

(4) Where an employee or agent of any state liquor store is found by the board to have violated RCW 66.44.270, 66.44.310, or 66.44.320, the employee or agent shall be disciplined as follows:

(a) First violation: Minimum three-day suspension from work without pay.

(b) Second violation: Minimum nine-day suspension from work without pay.

(5) No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash.

Sec. 2. RCW 66.20.070 and 1933 ex.s. c 62 s 17 are each amended to read as follows:

(1) Where the holder of any permit issued under this title violates any provision of this title or of the regulations, or is an interdicted person, or is otherwise disqualified from holding a permit, the board, upon proof to its satisfaction of the fact or existence of such violation, interdiction, or disqualification, and in its discretion, may with or without any hearing, suspend the permit and all rights of the holder thereunder for such period as the board sees fit, or may cancel the permit.

(2) If the holder of any license issued under this title is found by the board to have violated RCW 66.44.270, 66.44.310, or 66.44.320 by selling liquor for off-premises consumption, the board shall either revoke the violator's liquor license or suspend the license in accordance with the following guidelines:

(a) First violation: Minimum thirty-day license suspension.

(b) Second violation: Minimum six-month license suspension.

Sec. 3. RCW 66.28.220 and 1989 c 271 s 231 are each amended to read as follows:

(1) The board shall adopt rules requiring retail licensees to affix appropriate identification on all containers of four gallons or more of malt liquor for the purpose of tracing the purchasers of such containers. The rules may provide for identification to be done on a state-wide basis or on the basis of smaller geographical areas.

(2) The board shall develop and make available forms for the declaration and receipt required by RCW 66.28.200. The declaration and receipt forms shall clearly state the following warning on their face: "SUPPLYING ALCOHOL TO A MINOR MAY RESULT IN A MANDATORY JAIL SENTENCE OF ONE DAY TO ONE YEAR, UNDER RCW 66.44.270."

(3) It is unlawful for any person to sell or offer for sale kegs or other containers containing four gallons or more of malt liquor to consumers who are not licensed under chapter 66.24 RCW if the kegs or containers are not identified in compliance with rules adopted by the board.

Sec. 4. RCW 66.44.270 and 1987 c 458 s 3 are each amended to read as follows:

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.

(2) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.

(3) This section does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

(4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

(5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

(7) Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.