S-0089.1 _______________________________________________
SENATE BILL 5072
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State of Washington 55th Legislature 1997 Regular Session
By Senators Kohl, Roach, Fairley, Hargrove, Haugen, Goings, McCaslin, Long, Winsley and Oke
Read first time 01/14/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to providing liquor to persons under age twenty-one; amending RCW 66.44.270 and 66.44.300; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the provision of liquor to persons under the age of twenty-one years creates situations that are hazardous to the person, to companions of the person, and to the public at large. This act is intended to express the view of the legislature that supplying or furnishing liquor to persons under the age of twenty-one years is a serious offense and to appropriately penalize those who violate this act.
Sec. 2. RCW 66.44.270 and 1993 c 513 s 1 are each amended to read as follows:
(1)(a)
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. For the purposes of this subsection,
"premises" includes real property, houses, buildings, and other
structures, and motor vehicles and watercraft.
(b) Violation of this subsection is a gross misdemeanor.
(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4) or (5) of this section.
(3) Subsections (1) and (2)(a) of this section do 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.
Sec. 3. RCW 66.44.300 and 1994 c 201 s 7 are each amended to read as follows:
Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases liquor for such minor, or permits a minor to treat, give or purchase liquor for the adult; or holds out such minor to be twenty-one years of age or older to the owner or employee of the liquor establishment, a law enforcement officer, or a liquor enforcement officer shall be guilty of a gross misdemeanor.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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