Loading...
HomeMy WebLinkAbout1000ORDINANCE NO. MO D AN ORDINANCE Relating to intoxicating liquors, prohibiting the manufacture, possession, sale or other disposition thereof, in the City of Port Angeles, except in certain cases; providing Penalties for the violation thereof; Repealing Ordinance No. 985 of the City of Port Angeles and declaring an emergency. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: Section 1. LIBERALLY CONSTRUED. This ordinance shall be deemed an exercise of the police power of the City of Port Angeles as an aid to the enforcement of the Washington State Liquor Act, and all of its provisions shill be liberally construed for the accomplishment of that purpose. Section 2. DEFINITION OF TERMS.- In this ordinance, unless the context otherwise required: (a) "Alcohol° is -that substance known as`etTlyl-0.1cdhol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch molasses, or sugar, or other substances, including all dillutions and mixtures of this substance. `(b) "Beer" means any beverage obtained by the alcoholic fer- mentation of an infusion or decoction of pure hops, or pure ex- tract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four per cent of alcohol by weight, and not less than one -half of one per cent of alcohol by weight, and not less than one -half of-one per cent of alcohol by volume. For the purposes of this ordinance, any such beverage, including ale, stout and porter, containing more than four per cent of alcohol by weight shall be referred to as °strong beer". (c) "Spirits" means any beverage whi: h'contains alcohol obtained by distillation, including wines exceeding seventeen per cent of alcohol by weight. (d) "Wine" means any alcoholic beverage obtained by fer- mentation of fruits (grapes, berries, apples, etc.) or other agricultural products containing sugar, to which any saccharine substances may have been added before, during or after fermen- tation, and containing not more than seventeen (17) per cent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not ex- ceeding seventeen (17) per cent of alcohol by weight. (e) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spiritous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spiritous, vinous or malt liquor, or otherwise intoxicating and every liquid or solid or semi -solid or other substance, patented or not, con- taining alcohol, spirits, wine or beer, and all drinks or drink- able liquids, and all preparations or mixtures capable of human consumption, and any liquid, semi - solid, solid, or other sub- stance, which contains more than one per cent of alcohol by weight shall be conclusively deemed to be intoxicating. (f) "Consume" includes the putting of liquor to any use, whether drinking or otherwise. (g) "Interdicted person" means a person declared an habitikal drunkard pursuant to sections 1708 -1715, Rem. Rev. Stat., or a per- son to whom the sale of liquor is prohibited by an order of inter diction filed with the board pursuant to the Washington State Liquor Act. (h) "Manufacturing" means to engage in the preparation of liquor for sale in any form. (i) "Malt Liquor" means beer, strong beer, ale, stout, and porter. (j) "Package" means any container or rec4ptacle used for holding liquor. (k) "Permit' means an permit for the purchase of liquor unier the Washington State Liquor .Act. (1) HPerson" means an individual, copartnership, association • or corporation. (m) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to the Washington State Liquor Act for medicinal purposes. (e) tPublic Place" includes streets and alleys; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under the Vashington State Liquor Act, soft drink estavlish- ments, public buildings, public meeting, halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the • public, and to which the public is permitted to have unrestricted access; railroad-trains, stages-= end- other-.publ_ic conveyances of all kinds and character, and the depots and waiting rooms used in con- junction therewith which are open to unrestricted use and access by the public; publicly owned bathing pools, parks, and /or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (o) "Sale" and "Sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by say means whatsoever, of liquor, or of any liquid known or des- cribed as beer or by any name whatever commonly used to describe malt or brewed liquor or wine, by any person to any person; and also include a sale or selling within the city to a foreign con- signee or his agent in the city. Section 3. LIQUORS EXEMPTED. Nothing in this ordinance shall apply to wine or beer manufactured in any home for -3w consumption therein, but not for sale; nor to any liquor or preparations exempted under the 'ashingtgn State Liquor Act; Section 4. PERSONS EXEMPTED. Nothing in this ordinance shall be construed to apply to a minister, priest or rabbi having in his possession for use, or using liquor for sacra- mental purposes. Nothing in this ordinance shall be construed to apply to a physician or dentist lawfully administering liquor to a patient or to a. drug store, or prescribing liquor for a patient, or to a druggist or drug store filling and completing such prescriptions; nor to a nurse or other authorized person administering liquor under the directions of a physician, nor to any person acting under the direction of the Washington Liquor Control Board. Section 5. POSSESSION. No liquor shall be kept or had by any person unless_the. package in which said liquor was contained had, while containing said liquor, been sealed with the official seal of the Washington State Liquor Control Board as provided in the State Liquor Act, except as follows: a. Liquor imported by the Liquor Control Board. b. Liquor manufactured in the state for sale to the Liquor Control Board or for export. c. Beer purchased in accordance with the provisions of the State Liquor Control Act and this ordinance. d. Wine, beer or liquor, exempted in Sec. 3 of this ordinance. Section 6. MANUFACUTRE. No person shall manufacture any liquor of any kind without first obtaining and possessing a —4— valid license so to do regularly issued by such Board in ac- cordance with the Washington State Liquor Act and amendments thereto; Provided, however, this shall not apply to wine and beer manufactured in the home for consumption therein and not for sale. Section 7. PURCHASE. No person shall purchase or at- tempt to purchase any liquor in any state liquor store with- out a valid permit authorizing him to make such purchase; no person shall allow any other person to use said permit; no person shall use the permit of any other person; no per- son shall offer or furnish any other false or fictitious name or address in applying for permits. Section 8. SALE. No person shall sell any liquor of any kind or in any manner without having a valid license or permit so to do regularly issued by:the Washington Liquor Control Board. Section 9. OPENING PACKAGES. Except as permitted by this Washington State Liquor act, 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 convic- tion therefor shall be fined not more than Ten (10.00) Dollars. • ti Section 10. INTOXICATED PERSON. No person who is intoxicated shall be or remain in any public place, and every person who violates any provision of this section shall be liable, on con- viction for a first offense to a penalty of not more than ten ($10.00) Dollars; for a second offense to a penalty of not more than twenty —five dollars 025,00); and for a third or subsequent offense to imprisonment for not more than thirty days, with or without hard labor, without the option of a fine. Section 11. SALES TO INTOXICATED PERSON. No person shall sell or otherwise supply any liquor to any person apparently under the influence of liquor or permit any such person to be served or to consume any liquor on his premises or on any pre- mises under his control. Section 12. LIQUOR TO MINORS. Except in the case of liquor given to a person under the age of twenty —one years by his parent or guardian for beverage or medicinal purposes, or administered to him by his physician or dentist for medicinal purposes, no person shall 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 premises or on any premises under his control. Section 13. INDIANS OR INTERDICTED PERSONS. No person shall sell or otherwise supply any liquor to any interdicted person or to any Indian, nor shall any person permit an interdicted person • or an Indian to be served or to consume any liquor on his premises or on any premises under his control. Section 14. SOLICITING. Except as provided in Section 42 of the Washington State Liquor Act, no person shall canvass for, solicit, receive, or take orders for the purchase or sale of any liquor, or act as agent fot the purchase or Bale of any liquor. Sectionl5. ILLEGAL TO PROCURE LIQUOR FOR INELIGIBLE PERSON. Except in the case of liquor administered by a physician or den- tist or sold upon a prescription in accordance with the provisions of the Washington State Liquor Act, no person shall procure or supply, or assist directly or indirectly in procuring or supplying liquor for or to any one whose permit is suspended or has been cancelled. Section 16. CLOSING HOURS It shall be unlawful for any person to sell beer or wine in the Ci'y of Port Angeles between the hours of 1 a.m. and 6 4.4. It shall be unlawful for any person to sell or offer to sell any beer or wine upon the day of any general, special or primary election during the hours the polls are open. w Section 17. OBSTRUCTING VIEW OF LICENSED PREMISES. No window blinds, screens, shades, paint or other obstruction shall be placed or maintained, during open or closed hours, on any window or opening of the sales room of any licensed premises, preventing a clear, uninterrupted view of the interior of the premises from the street. No licensee shell conduct an establishment where booths are a part of the equipment unless they are open at one end and are without doors, curtains or other obstructions. Section 18. OPEN FOR INSPECTION. All licensed premises used in the manufacture, storage or sale of liquor shall at all times be open to inspection by any authorized inspector of the State Liquor Control Board or of'any peace officer or policeman of the City of Port Angeles. Section 19. SANITATION. Licensed premises must always be equipped with safe drinking water, equipment for proper eterilima- tion of eating and drinking utensils and a method for the sanitary disposal of sewage as provided for in the Rules and Regulations of the Washington State Board of Health, which are, by reference, made a part of this ordlnanGe. —7— Section 20. ORDERLY PLACE. All persons operating under a license issued by virtue of this ordinance shall be required to maintain an orderly place of business and to permit no loud or boisterous conduct. No private rooms for the service of beer or wane and no secret or private entrance to the said premises shall be permitted. All ordinances of the City of Port Angeles, as well as all State and Federal laws and regulations, must be strictly observed. Section 21. EMPLOYESL No person under eighteen years of age shall be employed or engaged or permitted to engage in any service in connection with the sale, handling.or serving of any liquor or in entertainment of patrons in any licensed establishment selling beer or wine for consumption on the premises. Section a2. CHILDREN NOT PERMITTED IN CABARETS AND NICHT CLUBS. No person under eighteen years of age shall be allowed in any tavern operated for the-sale of liquor nor in any cafe, cabaret, night club or dance hall where liquor is served and entertainment provided or dancing permitted. Section 23. H0W OFFENSES MAY BE DESCRIBED. In describing the offense respecting the sale, or keeping for sale or other disposal, of liquor, or the having, keeping, giving, purchasing, or consumption of liquor in any complaint, suthmons, conviction, warrant, or proceeding under this ordinance, it shall be suf- ficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of liquor, without stating the name or kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom con- sumed, or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor so sold, kept for sale, disposal of, had, kepti given, purchased, or consumed, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. -8- Section 24. DESCRIPTION IN WORDS OF ORDINANCE SUFFICIENT. The description of any offense under this ordinance, in the words of this ordinance, or in any words of like effect, shall be suf- ficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of prdvisd or in the description of the offense in this ordinance, may be proved by the defendant; but need not be specified or negative, no proof in relation to the matter so specified or negatived shall be re- quired on the part of the complainant. Section 25. SUFFICIENT PROOF OF UNLAWFUL SALE. In any pro - ` ceeding under this ordinance, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of thie ordinance. • Section 26. SEIZED LIQUOR TO BE TURNED OVER TO BOARD. In every case in' which liquor is seized by a police officer of the City of Port Angeles, it shall be the duty of the Chief of Police of the city to forthwith report in writing to the Board the par- ticulars of such seizure, and deliver such liquor to the Board at such place as may be designated by it. Section 2'7. WHO MAY BE GUILTY OF VIOLATION OF THIS ORDNANCE: Every person concerned in any act or omission in violation of this ordinance, either as principal or agent, owner or employe, whether he directly performs or omits to perform any act in violation of this ordinance, or aids or abets the same, wheyleg present or absent, and every person who directly or indirectly, counsels, en- courages, hires, commands, induces or otherwise procures another to commit such violation is, and shall be, a principal under the terms of this ordinance and shall be proceeded against Mid prosecuted as such. Section 28. GENERAL PENALTIES PRESCRIBED. Every person guilty of a violation of any of the provisions of this ordinance, for which no penalty is specifically prescribed, shall be liable, on con- viction, to a penalty of not more than One hundred Dollars ($100.00) or to imprisonment in the city jail for not more than thirty (30) -9- rA. J • r days, with or without hard labor, or both. Section 29. INVALID SECTIONS. If any provision or sub- section of this ordinance or the application thereof to any per- son or circumstance is held invalid, the remainder of this ordi- nance and the application of such provisions to any other person or circumstances shall not be affected thereby. Section 30. PROVISIONS CUMULATIVE. The provisions of this r ordinance shall be cumulative and it addition to the .proVieiotne of the now eetis.ting ordinances of the City`Rof ,Port Angeles-,",and ��y �. j ,� shall repeaf'no, ;�iinances now in effect except as *ereineft r pxovided. ; Section 31. REPEAL. Ordinance No. 985 of the it► of. -- . i Port Angeles is hereby repealed. 'k Section'32. EMERGENCY. This ordinance is decl,pred to be urgent and necessary for the immediate preservation'' the public peace, health and safety of the .people of the City of Port Angeles and shall take effect and be in force immediately from and after its passage, approval and lawful publication. Passed first reading by the City Commission May 9, 1934. Passed second reading by the City Commission May 9, 1934. Passed third reading and finally adopted and passed by the City Commission 91i,a y 14 /i.,44- . Approved and signed by the Mayor Attest: ;741. City Clerk. Approved as to for r. City Attorney. Published: Mayor. 4 ( rSI ..St t lit* 44 4. 4 A