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HomeMy WebLinkAbout2403ORDINANCE NO. 2 y W 3 AN ORDINANCE of the City of Port Angeles regulating the sale and distribution of malt liquor and establishing a new Chapter 9.36 of the Port Angeles Municipal Code. WHEREAS, the public health, safety, and welfare is adversely affected by the growing problem of underage drinking in our community, one aspect of which problem is uncontrolled "keg parties "; and WHEREAS, providing kegs of malt liquor for use by minors could be significantly deterred through a keg registration requirement; and WHEREAS, the Board of Clallam County Commissioners has recently adopted such a keg registration requirement; and WHEREAS, the City Council's adoption of a keg registra- tion requirement identical to that of Clallam County would facilitate effective law enforcement in our community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DOES HEREBY ORDAIN as follows: Section 1. There is hereby established a new Chapter 9.36 of the Port Angeles Municipal Code to read as follows: Chapter 9.36 MALT LIQUOR DISTRIBUTION Sections: 9.36.010 Malt Liquor Defined 9.36.020 Sale of Malt Liquor 9.36.030 Purchaser's Duty 9.36.040 Declaration and Receipt 9.36.050 Penalty 9.36.010 Malt Liquor Defined. The term "malt liquor" includes, but is not limited to, beer, strong beer, ale, stout and porter. -1- 9.36.020 Sale of Malt Liquor. Any person who sells or offers for sale the contents of kegs or any other container con- taining four (4) gallons or more of malt liquor, or leases kegs or other containers which hold four (4) gallons or more of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW shall: A. Require the purchaser to sign a triplicate receipt for the keg or container or the contents thereof and provide the following: 1. Two pieces of identification, one of which is a motor vehicle operator's license or a Washington State Identi- fication Card; 2. The particular address where the keg or container will be physically located and consumed; 3. a. A sworn statement, under penalty of perjury, that the purchaser is of legal age to purchase, possess, or use malt liquor; b. That the purchaser will not allow any person under the age of twenty -one (21) years to consume the beverage except as provided in RCW 66.44.270; c. That the purchaser will not remove or oblit- erate or allow to be removed or obliterated, the identification number label affixed to the container or keg. B. Record the identification of the keg or container in the following manner for the purpose of tracing the item if the contents are consumed in violation of this Code: 1. Affix to each keg or container a numbered label, hereafter referred to as the identification number; 2. Record the serial number of the keg or container and the identification number on the receipt. C. The original copy of the receipt shall be retained for a period of ninety (90) days, subject to inspection by the Port Angeles Police Department. A second copy of the receipt shall be -2- provided to the purchaser, and the third copy of the receipt shall be provided to the Port Angeles Police Department within seven (7) days of the date of purchase. D. Notify the Port Angeles Police Department immediately in the event a keg or container purchase exceeds sixteen (16) gallons or more of malt liquor to one (1) purchaser. The seller will provide the purchaser's name, address and driver's license number to the Port Angeles Police Department. 9.36.030 Purchaser's Duty. Any person who purchases the contents of kegs or other containers containing four (4) gallons or more or malt liquor, or purchases or leases a keg or container which holds four (4) or more gallons of malt liquor shall: A. Be of legal age to purchase, possess or use malt liquor; B. Not allow any person under the age of twenty -one (21) years to consume the beverage except as provided in RCW 66.44.270; C. Not remove, obliterate, or allow to be removed or obliterated, the numbered label affixed to the container; D. Not remove, keep or store keg or its contents except for transporting to and from the retailer, at any place other than that particular address declared on the receipt and declaration. 9.36.040 Declaration and Receipt. The form of the declaration and receipt required herein shall be substantially in the following form: -3- RECEIPT FOR SALE OF MALT LIQUOR TAVERN OR STORE: SELLER: NAME OF PURCHASER: ADDRESS OF PURCHASER: DRIVER'S LICENSE #: DATE: KEG IDENTIFICATION #: NO. OF KEGS SOLD: BRAND: SERIAL #: TOTAL GALLONS ADDRESS OR LOCATION WHERE KEG WILL BE HOUSED AND CONSUMED: I declare under penalty of perjury that the information provided in this receipt is true and correct and that I am over the legal age to purchase, possess, or use malt liquor, that I will not allow the malt liquor purchased and identified by this receipt to be consumed by any person who is under the age of twenty -one (21) years except as provided by RCW 66.44.270, and that I will not remove or obliterate or allow to be removed or obliterated the numbered identification label affixed to the container or keg. PURCHASER SIGNATURE: 9.36.050 Penalty. The violation of any provision of this Chapter shall be a misdemeanor punishable by a fine of not more than $500 or by imprisonment not to exceed six (6) months, or both. Section 2 Severability. If any section, sentence, clause or provision of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity or constitutionality of any other section, sentence, clause or provision of this Ordinance. Section 3 Effective Date. This Ordinance shall take effect as provided by law. -4- PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the I5+ day of ATTEST: Sherri L. An:erson, Acting City Clerk APPROVED AS TO FORM: l/ Craig D , 1986. nutson, City Attorney PUBLISHED: itAL.er tt ) q ic(p -5- r, LL i ,- ,, , ,, ,. ,..L4 M A Y O R MEMO: June 25, 1986 TO: City Manager, Mayor and City Council FROM: Mike Cleland, Chief of Police/y� d j SUBJ: Keg Registration Ordinance BACKGROUND: For some time now there has been a move sponsored by M.A.D.D. to get a keg registration ordinance passed in the county, then in the incorporated areas of Clallam County. Law enforcement has supported this cause as well as a number of other civic groups. Clallam County recently passed a simi- lar ordinance. ANALYSIS: Without a county -wide ordinance including all the incorporated areas the ordinance becomes next to impossible for the sheriff to enforce. People would simply go to the jurisdiction without a keg ordinance to buy their kegs. Our problem in the city of Port Angeles with "keg parties" are minimal, but the sheriff has a real problem tracing the owners of kegs left at parties that occur in the county. RECCMIENDATION: I recommend the attached ordinance be passed.