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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