H-4148.1 _______________________________________________
HOUSE BILL 2733
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State of Washington 52nd Legislature 1992 Regular Session
By Representatives Brough, Appelwick, Padden, Ludwig, Forner, Vance, Wineberry, P. Johnson and Mitchell
Read first time 01/24/92. Referred to Committee on Judiciary.
AN ACT Relating to liability for furnishing liquor to minors; amending RCW 5.40.050 and 66.44.270; adding a new section to chapter 4.24 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.40.050 and 1986 c 305 s 901 are each amended to read as follows:
A
breach of a duty imposed by statute, ordinance, or administrative rule shall
not be considered negligence per se, but may be considered by the trier of fact
as evidence of negligence; however, any breach of duty as provided by statute,
ordinance, or administrative rule relating to electrical fire safety, the use
of smoke alarms, ((or)) driving while under the influence of
intoxicating liquor or any drug, or furnishing liquor to minors, shall
be considered negligence per se.
Sec. 2. 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) In any civil action for damages resulting from a minor's consumption of liquor, violation of this section is considered evidence of negligence per se.
(4) 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)))
(5) 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)))
(6) 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)))
(7) 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.
NEW SECTION. Sec. 3. A new section is added to chapter 4.24 RCW to read as follows:
(1) An adult who furnishes intoxicating liquor to a minor is liable for damages to persons or property caused by the minor's consumption. This section applies to furnishing alcohol under any circumstances whether commercially, socially, or otherwise. In an action for damages based on an adult furnishing liquor to a minor, violation of RCW 66.44.270 is negligence per se.
(2) As used in this section:
(a) "Minor" means a person under the age of twenty-one years.
(b) "Adult" means a person over the age of seventeen years.
(3) Actions under this section are limited to economic damages as defined in RCW 4.56.250.
(4) This section is in addition to and does not abridge or alter alternative rights of action that may be available under statutes, ordinances, regulations, or at common law.