HOUSE BILL REPORT
SB 6114
As Reported By House Committee On:
Law & Justice
Title: An act relating to providing liquor to persons under age twenty‑one.
Brief Description: Increasing the penalty for providing liquor to persons under age twenty‑one.
Sponsors: Senators Kohl, Roach, Owen, Long, Smith, Winsley, Quigley, McAuliffe, Prentice, Franklin, Spanel, Haugen, Goings, Heavey and Schow.
Brief History:
Committee Activity:
Law & Justice: 2/21/96, 2/23/96 [DPA].
HOUSE COMMITTEE ON LAW & JUSTICE
Majority Report: Do pass as amended. Signed by 15 members: Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Smith; Sterk and Veloria.
Staff: Bill Perry (786-7123).
Background: At least three provisions of the state's liquor control laws prohibit providing liquor to a minor. These provisions include
!A prohibition against supplying liquor to a minor, or permitting a minor to consume liquor. (RCW 66.44.270) Supplying includes selling or giving. Permitting involves allowing a minor to consume on a premises controlled or owned by the permitting person. Exceptions to these prohibitions are provided for liquor supplied or permitted by a parent and consumed by a minor in the presence of the parent (but not on a licensed premises); liquor given for medicinal purposes by a parent, physician, or dentist; and liquor consumed in minimal amounts as part of religious services.
! A prohibition against selling liquor to a minor. (RCW 66.44.320)
!A prohibition against treating a minor to liquor. (RCW 66.44.300) Treating involves inviting a minor into a public place where liquor is sold and includes giving liquor to a minor, or buying liquor for a minor.
There appears to be considerable overlap among these three provisions. Only one of them, the so-called "treating" provision is designated as a specific crime. Treating is a misdemeanor, which means it carries a maximum penalty of 90 days in jail and a fine of $1,000. The other two provisions, "supplying" or "permitting" and "selling" are covered by a general penalty provision in the liquor code that establishes the following penalties:
!With respect to an individual offender: for a first offense, up to two months in jail and a $500 fine; for a second offense, up to six months in jail; and for a third offense, up to one year in jail.
!With respect to a corporate offender: for a first offense, up to a $5,000 fine; and for a second offense, up to a $10,000 fine and loss of a corporate license.
Summary of Amended Bill: The crime of supplying (including selling) liquor to a minor or permitting a minor to consume liquor is made a gross misdemeanor. The maximum penalty for a gross misdemeanor is a fine of up to $5,000 and incarceration for up to one year.
A separate crime of selling liquor to a minor is repealed, and the crime of "treating" is made a gross misdemeanor.
Amended Bill Compared to Original Bill: The amendment makes "treating" a gross misdemeanor and provides an immediate effective date.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date of Amended Bill: The bill contains an emergency clause and takes effect immediately.
Testimony For: Current penalties are inadequate. Increasing penalties and enforcement have had an effect on DUI, and the same should be tried with supplying minors with alcohol.
Testimony Against: A clerk who makes a good faith effort to determine the age of a customer should not be subject to criminal liability.
Testified: Senator Jeanne Kohl, prime sponsor; Loie Lennon, Mothers Against Drunk Drivers, Washington State Chapter (pro); Randy Blair and Robert Carpenter, citizens (pro); Gary Gilbert, Washington State Liquor Control Board (pro, with suggested amendment); Janice Skinner, Active Disabilities of Grays Harbor (pro, in part); and Joe Daniels, Food Workers District Council (pro on intent, but has concerns).