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HomeMy WebLinkAbout1018 · 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. THE CITY COMMISSION OF THE CITY OF BREYERTON DOES ORDAIN 'aS' FOLLOWS: Section 1. LIBERALLY CONSTRUED. This ordinance shall be deemed an e~ercise of the po!ice power of the City of Bremerton as an'aid to the enforcement of the Washington Skate Liquor ~ct, and all of its. provisions shall be liberally construed for the accomplishment of that purpose. SectiOn 2. DEFINITIO~ OF TEBitS. In this ordinance, unless the context' otherwise requires: (a) "alcohol" is that .substance known a~.ath~l mlcohol, 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, includ- ing all dilutions and mixtures of this substance. {b) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract o~ hops and pure barley malt or Other wholesqme 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. 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 which contains alcohol obtained by dis- tillation, including wines exceeding seventeen per cent of alcohol by weight. (d) "Wine" means any alcoholic beverage obtained by fermentation of fruits (graDes, berries, apples, etc..) or other agricultural products con- raining sugar, to Which any saccharine substances may'have been added before, during or after fermentation, and containing not m6re than seventeen (l?) per cent of alcohol by weight, including sweet wines fortified.with wine sp%rits, such as port, sherry muscatel and angelica, not exceeding seventeen (~7) 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 li%uor, or combinations thereof, and mixed liquor, a part of which is fermented, spiritous, vinous or malt llquor, or otherwise intoxicating and every liquid or solid or semisolid or other substance, patented or not, con- taining alcohol, spirits, wine or beer, and all drinks or drinkable liquids, and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one per cent of alcohol by weight shall be conclusively deemed to be intoxicating. (f) "Board" means the liquor control board, constituted under the Washington State Liquor act. (g) "Consume" includes the putting of liquor to any use, whether drink- ing or otherwise. (h) "Dentist" means a practitioner of'dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to Sections 10003-10038 Remington's Revised Statutes. (i) "Malt Liquor" means beer, strong beer, ale, stout and porter. (j '~Imprison~ent" means confinement in the city Jail. .~ (k) "Package" means any container or receptacle used for holding liquor. "Permit" means a permit for tile purchase of liquor under the Mash- ington State Liquor (m) "PersonS" means aa individual, copartnership, association or 'qqrporatio~ " (n) "Physician" means a medical practitioner duly and regularly licensed and e~gaged in the practice of his profession within the state'pursuant to Sections 10008-10025, Remington's Revised Statutes. (0) "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. (p) "Public Place" includes streets and alleys; buildings and grounds used for school purposes; public dance halls and.grounds adjacent thereto; those parts of establis?nnents where beer may be.sold under the Washington State Liquor act, soft drink establishments, 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 and other public conveyances of all kinds and character,'and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publlcally owned bathing pools, parks and/or play- grounds; 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. (q) "Regulations'' means regulations made bY the board under the ~ashlngton ~tate Liquor Act. (r) "Sale"and "Sell" include exchange, barter and. traffic; and also include the selling or Supplying or distributing, by. an~ means whatsoever, of liquor, or of any liquid known or described as beer or by. any name whatever ~ommonly used to dmscrihe 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 consignee or his agent in ~hm city. (s) '~ashington State Liquor act" means and includes Chapter 62 of the Session Laws of Washington, Extraordinary Session of 1933. ~ Section 3. LIQUORS ~TED. ~othing in this ordinance shall apply to wine e~ beer. manufactured in any home for consumption therein, 'but not for sale;, nor te any liquor in the possession of any person, kept~for personal use but not for sale, at the effective date of the Nashlngton State Liquor ~ct; nor to any liquor or preparations exempted under the Washington State Liquor zct; nor to the sale of beer in the City of Bremerton under the provisions of existing city o~dinances during the time that the sale thereof ls.permissable under the pro~ visions of the Nashington State Liquor Act. :~i?'!i~ Section 4. UNLAWFUL POSSESSION OF LI~UOR. No.!l~quor shall be kept or had within the. City of Bremerton unless the package iR which the liquor was contained id ad, while containing.that liquor been sealed with the official seal prescribed · ? '.. er the Nashington State Liquor ~ct, except in the case of ~?? (a)' Liquor imported by the state liquor control board; or ~ (b) Liquor manufactured in the City of Bremerton for sale to :~. the liquor control board or for export; or ~" (c) Beer purchased in accordance with the provisions of the ~..~ ~ashington State Liquor ~ct; or · ~d) ~ine, beer or liquor exempted in Section 3 hereof. i!ii!'.: Section 5. LIQUOR ~0T TO BE CONSUMED IN PUBLIC PLACE. Exempt as permitted By the Washington State Liquor Act, no person shall open the pa'ekage containing ~iquor~or consume liquor in a public place. Every person who ~lelates a~y pro- vision of this section shall be guilty of a misdemeanor, and, on conviction there- of, shall be fined not more than Ten Dollars ($10); for a second offense to a penalt$ of not more than Twenty-five (25) Dollars: and for a third or subsequent offense to imprisonment for not more than thirty (30) days, with or withOut hard labor,'ln the city jail, without the option of a fine. Section 6. IBTOXICzTED PEBSOhS. ~o 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 conviction for a first offense to a penalty ef not ~ore than $10.00; for a second offense, to a penalty of not more than $25.00; and for third or sub~eqde~t offenses to imprisonment for not more than thirty days, with or without hard lsbor, without the option of a fine. Section .?. SaLE TO INTOXICATED P~RSO~ PROHIBIT~D. N~,:p~adm shall sell... TO MINORS PROHIBITED. ExCept in the case of liquor given or permitted to be given to a person under the age off-twenty-one years by his parent or guardian for beverage or medicinal Purposes, or administered to him b~ his physician or dentist for medicinal purposes, no person .shall give, or ot~herwise 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 9. ILLEGAL TO PROCURE LIQUOR FOR INELIGIBLE PERSOn. Except in the case ?f liquor administered OY..a physician or dentist.or sold upon a prescription in accordance with the provisions of the ~ashington 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 lC, TaKIEG ORDERS ~OR LIQUOR PROHIBITED. Except as provided in Section 42 of the ~ashlngton State Llquor Act, no person shall canvass for', solicit, receive, or take orders for the purchase or'sale of any liquor, or act es 'agent for the purchase or sale of any liquor. Section 11. TRalqSPORTI/iG UNDER LIQUOR aCT. Nothing in this act shall prevent' any person licensed to sell or manufacture liquor from keeping liquor in his warehouse or place of business or prevent the transportation of liquor in inters state and foreign commerce, but no person shall bring liquor into the City of Bremerton ex~ept under the provisions of the Nashington State Liquor act. Section 12. DRUGS a/tD TOILET aRTICLES. Nothing in this Ordinance shall apply to or pr.event the sale, purchase or consumption or any pharmaceutical preparation containing liquor which is prepared by a drdggist under the provisions of the ~ashington Sta~e Liquor act, or of any proprietary or patent medicine; or of wood alcohol or denatured alcohol under the provisions as adopted by the Washington State Liquor act. Section 13, ~INSPEGTION. All licensed premises used in the manufacture, storage or sale o~'liquor shall at 'all times be open to inspection by any i~spector or police officer of the 'City of Bremerton in order to ascertain whether any infraction of any of the provisions of this ordinance has taken place or is taking Place therein. ~ Section 14. ~ILURE TO ~D~IT I~SPECTOR. Every person being on such licensed premises and having charge thereof, who refuses to or f~ils to admit an inspector or police officer demanding to ester therein, in pursuance of this ordinance in the execution of his duty, or who obstructs or attempts to obstruct the entry of such inspector or officer, or who refuses to allow inspector to examine the books or license shall be guilty of a violation of this ordinance. ~?' Section 15. ~DVIzRTISI~G. It shall be unlawful for any person to adwertise liquor in cay form or through any medium whatsoever in the City of Bremerton except uader the provisions of the Washington'State Li%uor act, Section 16. DRU~K~NESS ~D PROFANITY. It shall be unlawful for the holder or owner of any license issued under the provisions of the Washington State Liquor act, or his agent, to permit, allow or tolerate any drunkenness, loud, D~ofane or vulgar language or boisterous, profane or irmnoral conduct on said premises or any place connected therewith under his control. Section 17. HO~ OFFENSE ~L~Y BE DESCRIBE7~. In describing the offense res- peering the sale, or keeping for sale or other disposal of liquor,, or the having, keeping, giving, purchasing, or cansumption or liquor in any complaint, summons, conviction, warrant, or proceeding under this ordinance, it shall ~e sufficient 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 ~hom consumed, 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, disposed of, ha4, kep~, given, puchased, or consumed, except in the case of offenses wh~re the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. Section 18. DESCRIPTION IN ~OR~S OF ORDINANCE SUFFICIENT. The descrip- tion 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 qualification, whether it occurs by way of proviso or in the description of the offense in this ordinance, may be proved by the defendant, but need not be specified or. negatived, nor proof in relation to the matter so specified or negatived shall be required on the part of the complainant. section 19. SUFFICIENT PROOF OF UNLAWFUL SALE. In any proceeding under this Qrdlnance proQf~of one.unlawful sale of.liquor shall suffice to establish prima facle the intent or purpose of unlawfully keeping liquor for sale in violation of this ordinance. Section 20. ~CTION WITH0~'LI~SE ~W'~L. Every person doing any act ~equired to he licensed under the Washing~o~ State Liquor Act without having in force a license issued to him under that act shall be ~ullty. of a misdemeanor. Section 21. ~ BY DRINK 0R BOTT~ PROHIBITS. Except as othe~ise pro- vided, in the Washington State Liquor act, every person who sha~ s~ell any liquor, o~her than beer, by the bottle or package, or who shall own or operate any still shall be guilty of a misdemeanor. ~ ' Section 22. In every case in which liquor ls~ seized by a Police officer of the City of Bremerton it shall be the duty of the Chief of Police of the city to f~rthwith report i~ writing to ~he State Liquor Control Board the particulars of such seizure and to i~ediately after final jud~ent in any prosecution concerning such liquor has been entered therefor, deliver over such liquor to the board at such place as ~y be desi~ated by it. ~ Section 23. P~L~. Every person found '~ilty of violation of this o~dinamce for which no penalty has beem speeif, lcally Provided shall, on conviction, :~e fined in any s~ not more than $100.00, or by impriso~ent in the city jail for not more than thirty days, or by both such fine and imprisonment. '~:' Section B4. ~e provisions of'Chapter 8~ 'of the ~ws of the ~traordinary 8essio~ of 1933 of the State of Washington, known as the Washington State Liquor zet, be and the same are hereby adopted in tOte.by reference, to the same effect as thou~ such provisions were set forth in detail herein, and in so far as the same ~y be applicable and except as to the penalties as provided therein. ~ection ~. If any provision of this ordinance or the application thereoff to any person or oirc~stanee ls held invalid, the reminder of this ordinance and the application of such. provisions to any person or elrc~stanoes shall not be affected thereby. - ~ection ~8. An emergency for the passage of this ordinance ls hereby~ declared ~e an~ does exist and this ordinance is necessary for the i~ediate p~servation of the peace., health and safety of ~he people of the City of Bremerton, and shall ~ke effect l~edlately upon its pessage and publication as provided by law. ~ P~SS~ by the City Co~ission of the City of Bremerton, signed by the May~r and a~tested by the City,Clerk in authentication of such passage this 10th day ~ch, i~A. ~ ~ap .I ~. :.~.~';~:~;~ ::'?~' :?