Passed by the House February 6, 2024 Yeas 97 Nays 0 Speaker of the House of Representatives Passed by the Senate February 29, 2024 Yeas 46 Nays 0 President of the Senate	CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2260 as passed by the House of Representatives and the Senate on the dates hereon set forth. Chief Clerk Chief Clerk
Approved	FILED
	Secretary of State State of Washington

AN ACT Relating to establishing civil penalties for the unlawful sale or supply of alcohol to minors; amending RCW 66.44.270; creating a new section; and prescribing penalties.

NEW SECTION. Sec. 1. The legislature finds that preventing sales of alcohol to minors is a vital public health effort. However, the penalties associated with underage sale vary depending upon the seller's occupation or location. While servers and bartenders have administrative penalty options that are a component of the mandatory alcohol server training, store clerks do not and instead receive a citation for a gross misdemeanor.

The likelihood that these charges are filed varies by county, leaving some with no penalty at all, and others with a criminal record that may hamper their ability to find another job.

The legislature finds that retaining the criminal penalty is warranted in cases of intentional or repeat sales to minors. However, the legislature also finds that adding the option for administrative penalties would harmonize the penalties for store clerks with restaurant servers, and for store clerks found to have sold tobacco products to minors.

The legislature therefore finds that enabling the ability for the liquor and cannabis board to issue administrative penalties and creating an escalating schedule of monetary fines, would reduce geographic disparities as well as reducing the number of people with criminal records. The legislature further finds that this would not harm public health or expand youth access.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of ((twenty-one))21 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) The board may impose civil penalties as set forth in this section on individuals for the sale, gift, or otherwise supply of liquor to any person under the age of 21 occurring from a business licensed by the board under this chapter, and by a person performing acts of employment on behalf of the business. The board may impose a civil penalty in lieu of issuing a criminal citation under subsection (1) of this section.

(a) Any civil penalty imposed by the board may not be in addition to criminal enforcement, and the board may not issue a criminal citation in any matter in which it issues a civil penalty.

(b) Nothing in this section prevents criminal enforcement in lieu of a civil penalty for continued violations, or violations involving intentional sales of, or knowingly furnishing, alcohol to a person under the age of 21 years.

(f) The board may seek injunctive relief to enforce the provisions of this chapter. The board may initiate legal action to collect civil penalties imposed under this chapter if they have not been paid within 30 days after imposition. In any action filed by the board under this chapter, the court may, in addition to any other relief, award the board reasonable attorneys' fees and costs.

(3)(a) It is unlawful for any person under the age of ((twenty-one))21 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))21 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)))(3)(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), (5), or (7)))(5), (6), or (8) of this section.

(((3)))(4) Subsections (1) and (((2)))(3)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of ((twenty-one))21 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)))(5) This section does not apply to liquor given for medicinal purposes to a person under the age of ((twenty-one))21 years by a parent, guardian, physician, or dentist.

(((5)))(6) This section does not apply to liquor given to a person under the age of ((twenty-one))21 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)))(7) This section does not apply to liquor provided to students under ((twenty-one))21 years of age in accordance with a special permit issued under RCW 66.20.010(12).

(((7)))(8)(a) A person under the age of ((twenty-one))21 years acting in good faith who seeks medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted under subsection (((2)))(3)(a) of this section, if the evidence for the charge was obtained as a result of the person seeking medical assistance.

(b) A person under the age of ((twenty-one))21 years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (((2)))(3)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.

(((8)))(9) Conviction or forfeiture of bail for a violation of this section by a person under the age of ((twenty-one))21 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))21 years.