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HomeMy WebLinkAbout5006 ORDINANCE NO. 500(0 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9Al2 of the Bremerton Municipal Code to amend the definition of Public Place as it relates to liquor in public places to be consistent with BMC ~13.04.140. WHEREAS, the current definition of "public place" in Chapter 9A12 of the Bremerton Municipal Code is inconsistent with Chapter 13.04 of the Bremerton Municipal Code relating to liquor in City parks;; and WHEREAS, the City Council desires to amend Chapter 9A12 of the Bremerton Municipal Code to update the definition of "public place" to be consistent with BMC Chapter 13.04; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9A12 ofthe Bremerton Municipal Code entitled "Alcoholic Beverages" is hereby amended by adding a new section, Section 9A.12.020 entitled "Public Places - Supplemental Definition" to read as follows: Chapter 9A.12 ALCOHOLIC BEVERAGES 9A.12.01O ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT. The following sections ofRCW Title 66, with the exception of those provisions contained therein for which a violation constitutes a felony crime, are hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full, and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66, and "this act" shall mean and refer to the Washington State Liquor Act: RCW 66.04.010 Definitions. RCW 66.04.011 "Public place" not to include certain parks picnic areas. RCW 66.08.010 Title liberally construed. RCW 66.20.160 "Card of identification", "licensee", "store employee" defined for certain purposes. RCW 66.20.200 Unlawful acts relating to card identification and certification card. RCW 66.28.080 Permit for music and dancing upon licensed premIses. RCW 66.28.090 Licensed premises open for inspection - Failure to allow. 1 Alcoholic Beverages RCW 66.44.010 Local officers to enforce law - Authority of board - Liquor enforcement officers. RCW 66.44.040 Sufficiency of description of offenses in complaints, informations, process, etc. RCW 66.44.050 Description of offense in words of statutes - Proof required. RCW 66.44.060 Proof of unlawful sale establishes prima facie intent. RCW 66.44.070 Certified analysis is prima facie evidence of alcoholic content. RCW 66.44.080 Service of process on corporation. RCW 66.44.100 Opening or consuming liquor in public places. RCW 66.44.130 Sales of liquor by drink or bottle. RCW 66.44.150 Buying liquor illegally. RCW 66.44.160 Illegal possession, transportation of alcoholic beverages. RCW 66.44.170 Illegal possession of liquor with intent to sell - Prima facie evidence, what is. RCW 66.44.175 Violations oflaw. RCW 66.44.180 Jurisdiction. RCW 66.44.200 Sales to persons apparently under the influence of liquor. RCW 66.44.210 Obtaining liquor for ineligible person. RCW 66.44.240 Drinking in public conveyance - Penalty against carner. RCW 66.44.250 Minor applying for permit. RCW 66.44.270 Furnishing liquor to minors - Possession, use. RCW 66.44.280 Minor applying for permit. RCW 66.44.290 Minor purchasing liquor. RCW 66.44.291 Minor purchasing or attempting to purchase liquor - Penalty. RCW 66.44.300 Treating minor, etc., in public place where liquor sold. RCW 66.44.310 Minors frequenting tavern - Misrepresentation of age - Classification of licenses. RCW 66.44.316 Musicians eighteen years and older permitted to enter and remain upon licensed premises during employment. RCW 66.44.320 Sales of liquor to minors a violation. RCW 66.44.325 Unlawful transfer to a minor of an identification of age. RCW 66.44.340 Employees eighteen years and over allowed to sell and carry beer and wine for class E and/or F licensed employers. 2 Alcoholic Beverages RCW 66.44.350 Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for class A, C, D and/or H licensed employers. RCW 66.44.370 Resisting or opposing officers in enforcement of title. 9A.12.020 Public Places-Supplemental Definition. For the purpose ofRCW 66.44.100, adopted bv this chapter, public place as defined in RCW 66.04.010, also adopted by this chapter, shall not include the Harborside Fountain Park pursuant to BMC 13.04.140 or any other public place now or hereinafter specifically exempted by city code or ordinance. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ~ day of ,2007 . Approved this 7:tJ. J day of 1P1-' . ,200g;- ~OZEMAN' Mayor ATTEST: APPROVED AS TO FORM: PUBLTSHEDthe ~ daYOf~t ,2007 ,2007 EFFECTIVE the / R r~ day of : ORDINANCE NO. SO()~ R:\Legal\Legal\Ordinances\Parks\9A.12 Alcoholic Beverages.doc 3 Alcoholic Beverages . . " . AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 199507 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , May 8,2007 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $30.86 which amount has not been paid in full. &~ ~ '-- (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 16,2007 (.. 'f.Cj- /l....1' Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 5006 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.12 of the Bremerton Municipal Code to amend the definition of Public Place as it relates to liquor in public places to be consistent with BMC ~13.04.l40. PASSED by the City Council the 2nd day of May, 2007. . The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. May 8, 2007...............................AD #20038229