H-0295.1  _______________________________________________

                          HOUSE BILL 1201

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives McDonald, Kastama, Sheahan and Carrell

Read first time 01/19/1999.  Referred to Committee on Commerce & Labor.

Making violations of the liquor code misdemeanor offenses.

    AN ACT Relating to penalties imposed for violations of the state liquor code; amending RCW 66.28.230, 66.44.180, and 66.44.100; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.

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

    Sec. 1.  RCW 66.28.230 and 1989 c 271 s 232 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, the violation of any provisions of RCW 66.28.200 through 66.28.220 is ((punishable by a fine of not more than five hundred dollars)) a misdemeanor punishable under RCW 9.92.030.

    (2) Except as provided in RCW 66.44.270, a person who intentionally furnishes a keg or other container containing four or more gallons of malt liquor to a minor is ((liable, on conviction, for a first offense for a penalty of not more than five hundred dollars, or for imprisonment for not more than two months, or both; for a second offense for a penalty of not more than five hundred dollars or imprisonment for not more than six months, or both; and for a third or subsequent offense for a penalty of not more than five hundred dollars or imprisonment for more than one year, or both)) guilty of a misdemeanor punishable under RCW 9.92.030.

    Sec. 2.  RCW 66.44.180 and 1987 c 202 s 225 are each amended to read as follows:

    Every person ((guilty of)) found to have committed a violation of this title for which no penalty has been specifically provided ((shall be liable, on conviction, for a first offense to a penalty of not more than five hundred dollars, or to imprisonment for not more than two months, or both; for a second offense to imprisonment for not more than six months; and for a third or subsequent offense to imprisonment for not more than one year)) is guilty of a gross misdemeanor punishable under RCW 9.92.020.  If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars((, and)); for a second or subsequent offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.

    Every district ((judge)) and municipal ((judge)) court shall have concurrent jurisdiction with the superior courts ((judges)) of the state of Washington of all violations of the provisions of this title and may impose any punishment provided therefor.

    Sec. 3.  RCW 66.44.100 and 1981 1st ex.s. c 5 s 21 are each amended to read as follows:

    Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place.  Every person who violates any provision of this section shall be guilty of a misdemeanor((, and on conviction therefor shall be fined not more than one hundred dollars)) punishable under RCW 9.92.030.

NEW SECTION. Sec. 4.  This act applies to crimes committed on or after July 1, 1999.

NEW SECTION. Sec. 5.  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 takes effect July 1, 1999.

                            --- END ---