S-2177.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5751

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State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Newhouse, Smith, Deccio, Owen and Winsley)

Read first time 03/01/95.

Prohibiting the purchase or consumption of liquor on licensed premises by persons apparently under the influence of liquor.

     AN ACT Relating to alcoholic beverages; 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) No person apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.

     (2) A person's intoxication may not be used as a defense in a prosecution under this section.

     (3) As used in this section, "apparently under the influence" means the person has liquor on his or her breath and has impaired motor skills used for body control such as walking, standing, and balance.  The officer may also consider other factors including, but not limited to:  Slurred speech, glassy eyes, and poor hand-eye coordination.

     (4) A violation of this section is a civil infraction punishable by a fine of not less than one hundred dollars and not more than two hundred dollars.

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