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HomeMy WebLinkAbout1367\ ORDINANCE NO. 1367 RDINHNCE relating to intoxicating liquors, regulating the possession, facture or other disposition thereof, providing penalties for the hereof, re~ealing 0rdin~ance No. 1018 Of~the~LC~t~"~Of~ Bremerton an~, ~,/ o~herL~rdl~ ~nc~s o~btS ~ordinances in conflict therewith and declaring an~ emergency. THE ~ION OF THE CITY OF BRE~ERTON DOES ORDAIN AS FOLLOWS: Section 1. This ordinance shall be deemed an exercise of the police po~er of the City of ,merton as an aid to the enforcement of the Washington State Liquor Act, for protection of the welfare, health, peace, morals and safety of persons in the of Bremerton, and all its provisions shall be liberally construed for the shment of this purpose. Section 2. Definitions. In this ordinance unless the context other- wise requires: (a) "Alcohol" is substance ~nown as ethyl alcohol, hydrated oxide of ethyl, or spirit ~ine, which is commonly produced by the ferment- ation or distillation grain, starch, molasses, or sugar, or other substances including ons and mixtures of this substance. (b) "Beer" means any ~ge obtained by the alcoholic fermentation of an infusion or decoction f pure hops, or pure extract of hops and pure barley malt or other esome grain or cereal in pure water con- taining not more than four per :ent (4%) of alcohol by weight, and not less than one-half of one per (~ of 1%) of alcohol by volume. For the purposes of this ordinance such ~everage, including ale, stout and ~orter, containing more than ur per cent (4%) of alcohol by weight shall be referred to as "strong " (c) "Board" means the liquor constituted under the Washington State Liquor Act. (d) "Consume" includes the putting of uor to any use, whether by drinking or otherwise. ~ (e) "Dentist" means a practitioner of dent duly and regularly licensed and engaged in the practice of his .on within the state pursuant to sections 10030-10038, Remington's ed Statutes. (f) "Druggist" means any person who holds a certificate and is a registered pharmacist and is duly and re .ngaged in carrying on the business of pharmaceutical chemistry pursuant sections 10126-10146, Remington's ReviSed Statutes. (g) "Imprisonment" means confinement in the city j (h) "Interdicted person" means a person declared an drunkard pursuant to sections 170~-1715, Remington's Revised Stat; , or a .person to whom the sale of liquor is prohibited by an orde of inter- diction fi~ed with the board pursuant to the Washington Liquor Act. ~i) "Liquor" includes the four (4) varieties of liquor defined (alcohol, spirits, wine and beer), and all fermented, s~ ,, vinous, or malt liquor, or combinations thereof, and mixed liquor, a of which is fermented, spirituous, vinous or malt liquor, or ¢ e intoxicating; and every liquid or solid or semi-solid or other tance, patented or not, containing alcohol, spirits, wine or beer, and ~rinks or drinkable liquids and all preparations or mixtures capable of consumption, and any liquid, semi-solid, solid, or other substance, Lch contains more than one per cent (~%) of alcohol by weight shall be clusively deemed to be intoxicating. (j) "Malt Liquor" means beer, strong beer, ale, stout and porter. (k) "Package" means any container or receptacle used for holding liquor. (1) "Permit" means a permit for the purchase of liquor under the Washington State Liquor ~ct. (m) "Person" means an individual, copartnership, association, or corporation. (n) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant Ordinance No. 1367 (cont) 10008-10025, Remington's Revised Statutes. (o) "Public Place" includes streets and alleys; buildings and grounds used for purposes; public dance halls and grounds adjacent thereto; those parts establishments where beer may be sold under the Washington State Liquor ~t, soft drink establishments, public buildings, public meeting halls, lobbies s and dining rooms of hotels, restaurants, theatres, stores, garage filling stations which are open to and are generally used by the public, to which the public is permitted to have unrestricted access; rail- road tr~ stages, and other public conveyances of all kinds and character, and the de s and waiting rooms used in conjunction therewith which are open to unrestr d use and access by the public; publicly owned bathing beaches, parks and/or rounds; and all other places of like or similar nature to which the 1 public has unrestricted right of access, and which are generally used b the public. (p) "Sale" and" ,11" include exchange, barter, and traffic; and also include the selling or s ying or distributing, by any means whatsoever, of liquor, or of any liquid or described as beer or by any name whatever commonly used to describe or brewed liquor or of wine, by any person to any person; and also include a or selling within the state to a foreign consignee or his agent in the state (e) "Spirits" means everage which contains alcohol obtained by distill- ation, including wines exl ,eding seventeen per cent ~17%) of alcohol by weight. (r) "Wine" means any Lic beverage obtained by fermentation of fruits (grapes, berries, apples, et ) or other agricultural produce containing sugar, to which any sacch, substances may have been added before, during or after fermentation, and not more than seventeen per cent (17%) of alcohol by weight, includin wines fortified with wine spirits, such as port, sherry, muscatel and ca, not exceeding seventeen per cent (17%) of alcohol by weight. Section 3. Homemade Beer and 'ine - Sale Unlawful. Nothing in this ordinance sh~ apply to wine or beer manufactured in any home for consumption therein, but for sale. Section 4. Unlawful Possession - Liquor. No liquor shall be kept or had by person within the City of Bremerton unless the package in which the liquor cohtained had, while containing that liquor , been sealed with the official prescribed under the Washington State Liquor Act, except in case of a. liquor imported by the liquor con1 board; or b. liquor manufactured in the state fo~ ~ale to the liquor control board or for export; or c. beer purchased in accordance with the of this ordinance; or d. wine, beer or liquor exempted in Secti Three hereof. Section 5. Consumption in Public - Penalt Except as permitted by this ordinance, no son shall open the package containing liquor or consume liquor in a public e. Every person who violates any provision of this section shall be guilty of a sdemeanor, and on conviction thereof shall be fined not more than ten dollars 00). Section 6. Intoxicated in Public - Penalty. No person who is intoxicated shall be or remain any public place, and every person who violates any provision of this section .all be liable, on conviction for a first offense to a penalty of not more Ln ten dollars ($10.00); for a second offense to a penalty of not more than twent Lye dollars ($25.00) and for a third or subsequent offense to imprisonment for more than thirty days, with or without hard labor, without the option of a . Section 7. Sales prohibited to Intoxicated Person. No person shall sell any liquor to any person apparently the influence of liquor. Section 8. Minors - Sale to or Purchase by Prohibited. Penalty. Except in the case of liquor given or permitted to be 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 .~ . Ordinance No. 1367 (cent) his p~emises or on any premises under his control. Every person under the age of twei~ty-one years who purchases any liquor shall be guilty of a violation of this ordnance. Section 9. Ineligible Persons. Excep1~ in the case of liquor administered by a physician or dentist or sold upon a~prescription in accordance with the provisions of the state law, no person shall~procure or supply, or assist directly or indirectly in procuring or supplying, li~or for or to any one whose permit is suspended or has been cancelled. Section 10~ Exemption of Pharmaceutical Preparations. Nothing in ~his o~dinance shall 'apply to 'or ~revent the sale, pruchase or consumption of an~ pharmaceutical preparation containing liquor which is prepared by a druggist according to a formula of the Pharmacopoeia of the United States, or the Dispensatory~of the United States; or of any proprietary or patent medicine; or of wood alcohol oi~ denatured alcohol, except in the case of the ssle, purchase or consumption of woo~ alcohol or denatured alcohol for beverage purposes, either alone or combined with\~any other liquid or substance. Section ll. Licens~d Premises Open to Inspection. All licensed premise~used in the manufacture, storage, or sale of liquor, or any premises or parts o~premises used or in any way connected, physically or otherwise, with the licensed~business, shall at all times be open to inspection by any police officer. Ever~person, being on any such premises and having charge thereof, who refuses or fails ~to admit a police officer demanding to enter therein in pnrsuance of this ordinance~n the execution of his duty, or who obstructs or attempts to obstruct the entry o~ such police officer, shall be guilty of a violation of this ordinance. Section 12. Pleading - Descri~ing Offenses. In describing the offense respe~Rting the sale, or keeping for sale or other disposal, of liquor, or the having, k~eping, giving, purchasing or consumption of liquor in any information, summons,\conviction, warrant, or proceeding under this ordinance, it shall be sufficientto simply state the sale, or keeping for s~le or disposal, having, keeping, givinE, 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 consumed, or from whom it was purchased or received; and it shall not be necessary t~o state the quantity of liquor so sold, kept for sale, disposed of, had, kept,'~,~given, purchased, or consumed, except in the case of offenses where the quan~,ity is essential, and then it shall be sufficient to allege the sale or disposal o~ more or less than such quantity. Section 13. Proof - Complaint. The description of any offense under this ordinance, in the words of this ordinance, or in any words of like effect, shall be,, sufficient in law; and any exception, exemption, provision, excuse, or qualifie~ation, whether it occurs by way or proviso or in the description of the ~ffensei.~n this ordinance, may be bProved by the defendant, but need not be specified or'~negatived in the complaint; ut if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of~the informant or complainant. Section 14. Evidence - Proof of one Unlawful Sale. In an proceeding Under this ordinance, proof of one un~awful sale of liquor shall suffice to establish prima facie the intent o~ purpose\ of unlawfully keeping liquor for sale in violation of this ordinance. \, ~ Section 15. Sale by drink or bottle prohibited. Every person Who shall sell by the drink or"b0ttle any liquor, without having a valid license issued pursuant to the provisions of the ~ashington State Liquor Act, authorizing such person to sell such liquor, shall he,guilty of a violation of this ordinance. Section 16. Illegal purchase prohibited. If any person shall, in the City of Bremerton, buy alcoholic be$~rages from any person other than the Board, the State Liquor Store, or some perso~n ~uthorized under the provisions of the State Liquor Act to sell the same, he shalikbe guilty of a violation of this ordinance.' Section 17. Illegal Possession. Except as otherwise provided in this ordinance, any person who shall ~ave or keep alcoholic beverages other than that purchased from the Board, the Stat~ Liquor Store, or some person authorized under the provisions of the WashingtOn State Liquor Act to sell the same, shall be guilty of a violation of this ordinance. Section 18. Possession of Liquor with Intent to Sell. Any person wh$ shall keep or possess liquor on premises conducted or main- tained by hi~m as principal or agent, with the intent to sell the same contrary Ordinance No. 1367 (cont) ~ao~rovisions of this ordinance or the Washington State Liquor Act, shall be guiIby~a violation of this ordinance. The possession of liquor by such ~rincipal o~r~t on premises conducted or maintained, under Federal authority, as a retail deale~uors, shall be prima facie evidence of the intent to sell liquor. ~ Section 19. Washin6ton State Liquor adopted. The pr~visions of the Washington State Liq~~, being Chapter 62 of the Laws of the Extraordinary Session of 1933 of the State~oT~hington, as amended, be and the said Act is hereby adopted in toto by reference, to~O~e~a~ame effect as though the reference be set forth in detail herein and insofar as~e may be applicable and subject to adoption by the City of Bremerton. ~ Section 20. If any provision or section of this ordinance, or the applica- tion of same to any person or circumstances, is held invalid, the remainder of this ordinance and the application thereof to any person or circumstance, shall not be affected thereby. Section 21. Ordinance No. 1018, of the City of Bremerton, entitled, "An Ordinance relating to intoxicating liquors, prohibiting the manufacture, possession, sale, or other disposition thereof, in the City of Bremerton, except in certain cases, providing penalties for the violation thereof; and declaring an emergency," and all other ordinances, or parts of ordinances in conflict herewith, are hereby repealed. uiltyenalties' of a violation of this ordinance for which no penalty has been specificalI~vi~ded shall be liable, on conviction, for a first offense to a penalty of not more t~~hundred dollars, or to imprisonment for not more than two months, with or withou hard~bor, or both; for a second offense to imprisonment for not more than six months,~without hard labor; and for a third or subsequent offense to imprisonment for not ~O~ one year, with or without hard labor. If the offender convigted of an offense re~f~r~o in this section is a corporation, it shall for a first o ff ense be liable to a pe~relty of not more than two thousand dollars, and for second or subsequent offense to a penalty of not more than three thousand dollars. Section 23. Emer6ency. Kn emergency for the passage of this ordinance is hereby declared to and does exist, and this ordinance is immediately necessary for peace, health and safety in the City of Bremerton and shall take effect immediately upon passage and publication. PASSED by the City Commission of the City of Bremerton, signed by the Mayor, and attested by the City Clerk in authentication of such passage, this 15th day of January, 1941. Attest: ~City erk c~?0~A~. ~, ) · I the tmd~rsi~,~d do cedif;,, ~'h~ the ,~o~,s a~ve date. ~ty ~rk