_______________________________________________
HOUSE
BILL 1117
_______________________________________________
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 01/14/97. Referred to Committee on Law & Justice.
Providing penalties for supplying liquor to or consuming liquor by
minors.
AN
ACT Relating to penalties for the supplying of liquor to or the consumption of
liquor by persons under the age of twenty-one; amending RCW 66.44.270; and
prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
66.44.270 and 1993 c 513 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 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.
Passed the House January 12, 1998.
Passed the Senate February 27, 1998.
Approved by the Governor
March 11, 1998.
Filed
in Office of Secretary of State March 11, 1998.
