BILL REQ. #:  H-0812.1 

Read first time 01/28/13.   Referred to Committee on Government Accountability & Oversight.

     AN ACT Relating to authorizing students under the age of twenty-one to taste wine in viticulture and enology programs; amending RCW 66.44.270; and adding a new section to chapter 66.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 66.12 RCW to read as follows:
     (1) Students under twenty-one years of age but over the age of eighteen, who are enrolled in a viticulture or enology degree program at an accredited college, university, community college, area vocational technical institute, or private vocational school may taste but not ingest wine for instructional purposes during classes that are part of the curriculum of the accredited college or university.
     (2) Such students may taste wine only:
     (a) During times of a regularly scheduled course; and
     (b) While under the direct supervision of an instructor, who is at least twenty-one years old and employed by the accredited college, university, community college, area vocational technical institute, or private vocational school offering the viticulture or enology degree program; and
     (c) In accordance with the provisions of RCW 66.28.160.

Sec. 2   RCW 66.44.270 and 1998 c 4 s 1 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. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
     (2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
     (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)) does 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) This section does not apply to wine given to a person under the age of twenty-one years but over the age of eighteen years when such wine is being tasted for instructional purposes during a class and in accordance with the provisions of this act.
     (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)) does not disqualify that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.