H-0527.1 _______________________________________________
HOUSE BILL 1740
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State of Washington 55th Legislature 1997 Regular Session
By Representatives Sheahan, Boldt, Thompson and Clements
Read first time 02/06/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to liquor sales to persons apparently under the influence of liquor; amending RCW 66.44.200; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 66.44.200 and 1933 ex.s. c 62 s 36 are each amended to read as follows:
(1) No person shall sell any liquor to any person apparently under the influence of liquor.
(2)(a) No person who is under the influence of liquor to the extent that he or she is intoxicated may purchase or consume liquor on any premises licensed by the board.
(b) As used in this section, "intoxicated" means:
(i) An impairment of a person's mental or physical faculties as a result of alcoholic beverage use so as to diminish the person's ability to think and act in a manner in which an ordinarily prudent and cautious person, in full possession of his or her faculties and using reasonable care, would act under like circumstances;
(ii) The condition of a person if the person has within the previous twelve hours been denied the purchase of liquor on the grounds the sale would violate this section;
(iii) The condition of a person who is sufficiently intoxicated to present a danger to himself or herself or others; or
(iv) The condition of a person who is in danger of losing consciousness from further ingestion of liquor.
(c) A violation of this subsection is a misdemeanor punishable by a fine of not more than five hundred dollars.
(d) A defendant's intoxication may not be used as a defense in a prosecution under this subsection.
(e) Notice of the prohibition against the purchase of liquor in this subsection shall be posted conspicuously in every establishment that sells liquor.
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