Ordinance 27190006.16095
RPB/ c rd
05/24/89
ORDINANCE NO. 2719
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING PROVISIONS OF CHAPTER 4.22 OF THE
EDMONDS CITY CODE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Edmonds City Council acknowledges that the
Washington State Legislature passed a law during the 1989
legislative session which authorize cities to enact ordinances
pertaining to keg registration which are consistent with the
state requirements, and
WHEREAS, this ordinance is necessary to revise the
City's keg registration requirements so that they are consistent
with state law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 4.22.020 of the Edmonds City Code
is hereby amended to read as follows:
4.22.020 seller's Duties Any person who
sells or offers for sale the contents of kegs
or other containers containing four (4)
gallons or more of malt liquor, or leases
kegs or other containers which will hold four
(4) 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.
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B. Require the purchaser to provide one
piece of identification pursuant to RCW
66.16.040.
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 provided by RCW 66.44.270;
and
3. The purchaser will not remove,
obliterate, or allow to be removed
or obliterated, the identification
required by the Liquor Control Board
which is 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 any
identification required by the Liquor
Control Board.
F. Require the purchaser to sign a
declaration and receipt for the keg or
container in substantially the form
developed by the Liquor Control Board and
provide a copy of the declaration and
receipt to the purchaser.
G. Require the purchaser to keep a copy of
the declaration and receipt within five
(5) feet of the keg or other container or
beverage 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.
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Section 2. Section 4.22.030 of the Edmonds City Code
is hereby amended to read as follows:
4.22.030 Purchaser's Dut . Any person who
purchasers the contents of kegs or other
containers containing four (4) gallons or
more of malt liquor, or purchases or leases
the container shall:
A. Sign a declaration and receipt for the
keg or other container or beverage in
substantially the form developed by the
Liquor Control Board;
B. Provide one piece of identification
pursuant to RCW 66.44.270;
C. Be of legal age to purchase, possess or
use malt liquor;
D. Not allow any person under the age of
twenty-one (21) to consume the beverage
except as permitted by RCW 66.44.270;
E. Not remove, obliterate, or allow to be
removed or obliterated, the
identification required by the Liquor
Control Board;
F. 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
G. 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 container is in the purchaser's
possession and/or control.
Section 3. Section 4.22.040 of the Edmonds City Code
is hereby amended to read as follows:
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4.22.040 Declaration and Recei t. The
declaration and receipt required herein shall
be in substantially the form developed by the
Liquor Control Board.
Section 4. Section 4.22.050 of the Edmonds City Code
is hereby amended to read as follows:
4.22.050 Penalt . Any violation of the
provisions of this chapter shall be a
misdemeanor punishable by a fine of not more
than $500.00.
Section 5. 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 6. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the attached approved summary.
ATTEST/AUTHENTICATED:
CI Y CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
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FILED WITH THE CITY CLERK: 6"AS'81
PASSED BY THE CITY COUNCIL: 6-A6
PUBLISHED: 6/25/89
EFFECTIVE DATE: 6/30/89
ORDINANCE NO. 2719
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
QRbkmite
of the Cl
Edmonds. w,
or," loth day
the City Council
Edmonds, passed
2719. A summary
of sold ordinance
■.ten+nnrur.a ., ..�.w...,...�. .
CLAUSE AND PRtlVlD1NG AN
EFFECTIVE DATE.
The full text of this Ordinance
will be mulled upon request.
DATED fhls loth day of June,
1999.
JAh QUB k INE G. PARRETT
Published: June 25, 1989. 1
ss.
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 ........................................
Ordinance No. 2719
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
Jtane...25...1989............. ..................... ...... ----...................,.,.................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
�.......................,r.......s...................... ....................
Principal Clerk
Subscribed and sworn to before me this 5th
• f
dayof... ........ .June........................�:`._...................., 19 ..89
.• e .......E..J.._...::.... i':..:................
No Public! in and for the State of Washington,
j it at Everett, Snohomish County.
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