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Ordinance 4352ORDINANCE NO. 4352 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 5.04.010 ECC, ENTITLED "ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT", TO REMOVE REFERENCE TO REPEALED STATUTES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 1985 the City Council passed Ordinance 2531 to adopt by reference certain Washington state law charges relating to alcoholic beverage control enforcement into the Edmonds City Code at Chapter 5.04 (Alcoholic Beverages); and WHEREAS, the language of ECC 5.04.010 contains reference to statutes related to alcoholic beverage control enforcement that have been repealed from the Revised Code of Washington, and therefore the code language is no longer accurate; and WHEREAS, the Police Department has recommended an update to the language of ECC 5.04.010 to remove the references to the repealed statutes; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend Section 5.04.010 ECC to remove the references to repealed statutes RCW 66.44.291 and RCW 66.44.320; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.04.010, entitled "Alcoholic beverage control-Enforcement." is amended as follows (deleted text is shown in strike through; new text is shown in underline): 5.04.010 Alcoholic beverage control-Enforcement. The following statutes of the state of Washington are adopted by reference 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 66.20.200 Unlawful acts relating to card of identification and certification card 66.20.210 Licensee's immunity to prosecution or suit-Certification card as evidence of good faith 66.28.080 Permit for music and dancing upon licensed premises 66.28.090 Licensed premises open for inspection -Failure to allow 66.44.010 Local officers to enforce law-Authority of board-Liquor enforcement officers 66.44.040 Sufficiency of description of offenses in complaints, information, process, etc. 66.44.050 Description of offense in words of statutes -Proof required 66.44.060 Proof of unlawful sale establishes prima facie intent 66.44.070 Certified analysis is prima facie evidence of alcoholic content 66.44.080 Service of process on corporation 66.44.090 Acting without license 66.44.100 Opening/consuming liquor in public, penalty 66.44.120 Unlawful use of seal 66.44.130 Sales ofliquor by drink or bottle 66.44.140 Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash 66.44.150 Buying liquor illegally 66.44.160 Illegal possession, transportation of alcoholic beverages 66.44.170 Illegal possession of liquor with intent to sell -Prima facie evidence, what is 66.44.175 Violations oflaw 66.44.180 Jurisdiction 66.44.200 Sales to persons apparently under the influence of liquor 66.44.210 Obtaining liquor for ineligible person 66.44.240 Drinking in public conveyance -Penalty against carrier 66.44.250 -Penalty against individual 66.44.270 Furnishing liquor to minor-Possession -Use -Exemptions 66.44.280 Minor applying for permit 66.44.290 Minor purchasing liquor 66.4 4 .291 Minor purchasing or attempting to pureha se liquor Penalty 66.44.300 Treating minor, etc., in public place where liquor sold 66.44.310 Minors frequenting tavern Misrepresentation of age -Classification of licenses 66.44.316 Musicians 18 years and older permitted to enter and remain upon licensed premises during employment 66.4 4 .320 Sales ofliquor to minors a violation 66.44.325 Unlawful transfer to a minor of an identification of age 66.44.328 Preparation or acquisition and supply to persons under 21 of facsimile of official ID card -Penalty 66.44.340 Employees 18 years and over allowed to sell and carry beer and wine for class E and/or F licensed employees 66.44.350 Employees, 18 years and over allowed to serve and carry liquor 66.44.365 Juvenile driving privileges -Alcohol or drug violation 66.44.370 Resisting or opposing officers in enforcement of title. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an administrative function of the city council, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST I AUTHENTICATED : C~~ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ~5, J~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: APPROVED: M~ March 13, 2024 March 19, 2024 PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO. March 22, 2024 March 27, 2024 4352 SUMMARY OF ORDINANCE NO. 4352 of the City of Edmonds, Washington On the 19th day of March, 2024, the City Council of the City of Edmonds, passed Ordinance No . 4352. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS , WASHINGTON, AMENDING SECTION 5.04.010 ECC, ENTITLED "ALCOHOLIC BEVERAGE CONTROL - ENFORCEMENT", TO REMOVE REFERENCE TO REPEALED STATUTES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of March, 2024 .