Ordinance 2567RPB:jt
04/24/86
ORDINANCE NO. 2567
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ADDING A NEW CHAPTER 4.22 TO THE EDMONDS
CITY CODE ENTITLED "MALT LIQUOR BY THE KEG";
PROVIDING FOR THE REGULATION OF THE SALE AND
DISTRIBUTION OF MALT LIQUOR; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edmonds,
Washington, is concerned over the use of kegged malt liquor by
minors, and
WHEREAS, requiring kegs to be registered and perma-
nently numbered and purchasers to show identification and sign
agreements stating that they will not allow minors to consume any
malt liquor may deter minors from using malt liquor kegs, and
WHEREAS, the Edmonds City Council finds that this
ordinance is in the best interests of the public health, safety
and welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 4.22, entitled "Malt Liquor
by the Keg" is hereby added to the Edmonds City Code to read as
follows:
CHAPTER 4.22
Malt Liquor by the Ke
4.22.010 Definition of Malt Liquor
4.22.020 Seller's Duty
4.22.030 Purchaser's duty
4.22.040 Declaration and receipt
4.22.050 Penalty
4.22.010 Definition of Malt Liquor. For the purposes
of this chapter, malt liquor means any beverage such as
beer, ale, lager beer, stout, and porter obtained by the
alcoholic fermentation of an infusion or decoction of
pure hops, or pure extract of hops and pure barley malt
or other wholesome grain or cereal in pure water
containing not more than eight percent of alcohol by
weight, and not less than one-half of one percent of
alcohol by volume.
4.22.020 Seller's Duties. Any person who sells or
offers for sale the contents of kegs or other containers
containing six (6) gallons or more of malt liquor, or
leases kegs or other containers which will hold six (6)
gallons of malt liquor, to consumers who are not
licensed under Chapter 66.24 RCW shall do the following
for any transaction involving said container:
A. Require the purchaser of the malt liquor to sign a
declaration and receipt for the keg or other
container and/or beverage in substantially the form
as provided herein.
B. Require the purchaser to provide two pieces of
identification, one of which is a motor vehicle
operator's license, Washington State identification
card, or military identification card.
C. Require the purchaser to sign a sworn statement,
under penalty of perjury, that:
1) the purchaser is of legal age to purchase,
possess or use malt liquor;
2) that the purchaser will not allow any person
under the age of twenty-one (21) to consume the
beverage except as permitted pursuant to RCW
66.44.270; and
3) the purchaser will not remove, obliterate, or
allow to be removed or obliterated, the identi-
fication number affixed to the container.
D. Require the purchaser to state the particular
address where the malt liquor will be consumed, or
the particular address where the keg or other
container will be physically located.
E. Affix to each keg or container a numbered label,
hereafter referred to as the identification number.
- 2 -
F. Record the identification number, and any other
number appearing on the keg or container, on any
declaration or receipt of purchase.
G. Retain the original copy of the declaration and
receipt for a period of one (1) year for inspection
by any law enforcement agency. Such inspection
shall be allowed upon request of a law enforcement
officer having a reasonable belief that a violation
of this chapter or related alcohol enforcement laws
has or will occur.
H. Provide a copy of the declaration and receipt to
the purchaser.
I. Require the purchaser to keep a copy of the
declaration and receipt within five (5) feet of the
keg or other container and have such declaration
and receipt clearly visible without physical
barrier from such keg or container, during the time
that the keg or other container is in the
purchaser's possession and/or control.
4.22.030 Purchaser's Duty. Any person who purchases
the contents of kegs or other containers containing six
(6) gallons or more of malt liquor, or purchases or
leases the container 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) to consume the beverage except as permitted
pursuant to RCW 66.44.270;
C. Not remove, obliterate, or allow to be removed or
obliterated, the numbered label affixed to the
container;
D. Not move, keep or store the keg or its contents,
except for transporting to and from a distributor,
at any place other than that particular address
declared on the receipt and declaration; and
E. Keep a copy of the declaration and receipt within
five (5) feet of the keg or other container and
have such declaration and receipt clearly visible
without physical barrier from such keg or con-
tainer, during the time that the keg or container
is in the purchaser's possession and/or control.
4.22.040 Declaration and Receipt. The declaration and
receipt required herein shall contain the date of sale,
- 3 -
invoice number, keg identification number, brand of malt
liquor, capacity of container, number of containers
purchased/leased, total gallons of malt liquor
purchased, name and address of purchaser, address or
location where keg/container will be located, motor
vehicle operator's license number of purchaser or
Washington state identification card and other identifi-
cation, signature of purchaser, name and address of
seller and a notice stating the penalty for a violation.
The receipt herein required shall substantially comply
with the following format:
RECEIPT FOR SALE OF MALT LIQUOR IN KEGS OR
CONTAINERS TO UNLICENSED PERSONS
Date of Sale Invoice No.
Keg Identification No(s).
Brand Keg Capacity
No. of Kegs Total Gallons
Name of purchaser
Address
Address or location where keg will be located
Motor Vehicle Operator's License No.
Washington State Identification Card
Other Identification
I declare under penalty of perjury the infor-
mation 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) except as permitted pursuant to RCW
66.44.270, and that I will not remove or
obliterate the numbered identification label
affixed to the container.
Signature of purchaser
Identity of Seller
Address of Licensed Premises
NOTICE: It is unlawful for any person under
the age of twenty-one (21) years to acquire in
any manner, consume or have in his or her
possession, any intoxicating liquor, provided
that the foregoing shall not apply in the case
of liquor given or permitted to be given to
such person under the age of twenty-one (21)
years by his parent or guardian for beverage
- 4 -
or medicinal purposes in the home or
administered to him by his physician or
dentist for medicinal purposes. Violations of
any of the provisions of the City of Edmonds
Ordinance which requires this statement and
these terms is a misdemeanor punishable by a
fine of not more than $5,000.00.
4.22.050 Penalty. The violation of any provision of
this chapter shall be a misdemeanor punishable by a fine
of not more than $5,000.00.
Section 2. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 3. This ordinance is an administrative action
not subject to referendum. A summary thereof shall be published
in the official newspaper of the City, and shall take effect and
be in full force five ( 5 ) days after the date of publication of
the attached approved summary.
APPROVED:
'104.4.,v L_"�
MAYOR, LARRY K. 9AVGH EN
ATTEST/AUTHENTICATED:
I CLERK, ACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE ,IT TTORNEY:
BY
- 5 -
FILED WITH THE CITY CLERK: April 30, 1986
PASSED BY THE CITY COUNCIL: May 13, 1986
PUBLISHED: May 18, 1986
EFFECTIVE DATE: May 23, 1986
ORDINANCE NO. 2567
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
SUMMARY OF _.
ORDINANCE NO. 2567
AN ORDINANCE OF�',i
THE CITY OF ED-`.S`
MONDS, WASHINGTON;,!%
ADDING A NEW CHAR:',
TER .d.22 TO THE ED=1*,,
MONOS CITY CODE EN`?
TITLED "MALT -LIQUOR
-<
BY;:.iTHE KEG"; PRO.
V (ppINGFOR THE'REG
U'ATION OF THE.:SALE
AND DISTRIBUTION OF
MALT LIQUOR; AND ES-':
:.TABTISH�I Q AN EF.
do
s passed Ordinance No..
which provides as lot-
119rL_. 1. Adds a new-
er to the. Edmonds
Code orov iding for.. the
ition of the safe and dis
Ion of kegs 'oI malt It
-
within the City' oh Ed..
s and provides. the
Ing penalty provision:
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summary of Ordinance No. 2567
....................................................................................................................................
lemeonorpunishable
---•...........................----.............------......---.................................----•-------•-------....------------
f Thousand �D'ollars
a c0 printed
p py of which is hereunto attached, was published in said
60.001.
on 2.Contains a sever -
provision.
newspaper proper and not in supplement form, in the regular and
�n .3• Sets an effective.
'f five dovs after' the
edition of said on the followingdays and times namel
if �publicatioh of this-
his
entire paper � y'
3rv:. .
-full text �of this ordi.
will be mailed without
to
May 18 1986
anyone who ,sub-
written request to the
Jerkof the -City of Ed-
.....................................................................................................................................
for a copy of'the-text.
ROV.ED� BY THE. CITY.
-IL at their meeting of
1, 1966.
CQUELINEG.
......................................................................................................................................
RRETT
d e nay is, 19e6.
and that said newspaper was regularly distributed to its subscribers
-
I
during all of said period.
:..... .> . .......:....-...,,.............
...
Principal Clerk
19 t h
Subscribed and sworn to before me this.........
May 86
dayof..... ..................: 19.........
N t ry Public 'n and for the State of Washington,
si ing at erett, Snohomish County.
B-2-1