1740.E AMS LAW S5304.1

EHB 1740 - S COMM AMD

By Committee on Law & Justice

    Strike everything after the enacting clause and insert the following:

    "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 apparently 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) A temporary 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 who is sufficiently intoxicated to present a danger to himself or herself or others; or

(iii) 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 civil infraction 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."

EHB 1740 - S COMM AMD

By Committee on Law & Justice

    On page 1, line 2 of the title, after "liquor;" strike the remainder of the title and insert "amending RCW 66.44.200; and prescribing penalties."

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