HomeMy WebLinkAboutO-1462 - Adds Ch. 5.34, malt liquor by the keg (5.34)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORD INANCE NO.L'I1J2.",
AN ORDINANCE OF THE CITY OF MARYSVILLE REGULATING
THE SALE AND DISTRIBUTION OF MALT LIQUOR,AND
ADDING CHAPTER 5.34 TO THE MARYSVILLE MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
A new Chapter 5.34 is hereby added to the Marysville Municipal
Code providing as follows:
CHAPTER 5.34
MALT LIQUOR BY THE KEG
Section 5.34.010 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 mal t liquor,to con-
sumers who are not licensed under Chapter 66.24 RCW shall do the
following for any transaction involving said containter:
1.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 provided
herein.
2.Require the purchaser to provide two pieces of identi-
fication,one of which is a motor vehicle operator's
license,Washington State identification card,or
military identification card.
3.Require the purchaser to sign a sworn statement,under
penalty of perjury,that:
(a)The purchaser is of legal age to purchase,possess
or use malt liquor;
(b)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;
Ordinance - 1
(c)That the purchaser will not remove,obliterate,
or allow to be removed or obliterated,the iden-
tification number affixed to the container.
4.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 physi-
cally located.
5.Affix to each keg or container a numbered label,here-
after referred to as the identification number.
6.Record the identification number,and any other number
appearing on the keg or container,on any declaration or
receipt of purchase.
7.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 reason-
able belief that a violation of this chapter or related
alcohol enforcement laws has or will occur.
8.Provide a copy of the declaration and receipt to the pur-
chaser.
9.Require the purchaser to maintain a copy of the declara-
tion and receipt next to or adjacent to the keg or other
container,in no event a distrance greater than five (5)
feet,and visible without physical barrier from such keg,
during the time that the keg or other container is in the
purchaser's possession and/or control.
Section 5.34.020 PurChaser's Duty.Any person who purchases
the contents of kegs or pther containers containing six (6)gallons
or more of malt liquor,or purchases or leases the container shall:
1.Be of legal age to purchase,possess or use malt liquor.
2.Not allow any person under the age of twenty-one (21)to
consume the beverage except as provided by RCW 66.44.270;
3.Not remove,obliterate,or allow to be removed or obliter-
ated,the numbered label affixed to the container;
4.Not move,keep or store keg or its contents,except for
transporting to and from distributor,at any place other
than that particular address declared on the receipt and
declaration;
5.Maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container,and in no
Ordinance - 2
Invoice No.
Number(s)
Keg Capacity
Total Gallons
event a distance greater than five (5)feet,and visible
without physical barrier from such keg,during the time
that the keg or other container is in the purchaser's
possession and/or control.
Section 5.34.030 Declaration and Receipt.The form of the
declaration and receipt required herein shall be substantially in
the following form and shall require the information contained in
the following form:
RECEIPT FOR SALE OF MALT LIQUOR IN KEGS OR CONTAINERS
TO UNLICENSED PERSONS
Date of Sale
Keg Identification
Brand
No.of Kegs
Name of Purchaser
Address
Address or location where keg will be located:
Motor Vehicle Operator's License No.
Washington State Identification Card
Other Identificati9n
I declare under penalty of perjury the information
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 pur-
chased and identified by this receipt to be consumed
by any person who is under the age of twenty-one (21)
except as provided by 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
Ordinance - 3
•
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 or medicinal purposes in the home or.admin-
istered to him by his physician or dentist for medicinal
purposes.A person who signs this receipt with knowledge
that any information in the receipt is false commits per-
jury.Violations of any of the provisions of the Marys-
ville Municipal Code which require this statement and
these terms is a misdemeanor punishable by a fine of not
more than $500.00,or by imprisonment not to exceed six
months,or by both such fine and imprisonment.
Section 5.34.040 Penalty.The violation of any provisions
of this ordinance shall be a misdemeanor punishable by a fine of
not more than $500.00 or by imprisonment not to exceed six months,
or both such fine and imprisonment.
~frt1 PASSED ~~he City Council and APPROVED by the Mayor this
~day of ~/k ..,1986.
"]
THE CITY OF MARYSVILLE
MAYOR
ATTEST:
APPROVED AS TO FORM:
Ordinance - 4
CITY OF MARYSVILLE \
Mllfysvllle,W/lstliI\(lIOn
ORDINANce NO.1462
No._
;y1"/"'.!.t:itvJ~-W..t .-_-_
d sworn to before me this J_~r[_
,,
~steE .being first duly sworn
land says that he is the_§.!"_(:n~_~~rL _
:ySVILLE GLOBE, a weekly newspaper.
aper is a legal newspaper which has been ap-
Iof the Superior Court in Snohomish County
,compliance with Chapter 213 of Washington
nd it is now and has been for more than six
i the date of the publication hereinafter re-
!hed in the English language continually as a
tel' in Marysville.Snohomish County,Wash-
now and during all of said time was printed
ntained at the aforesaid place of publication~r_That the annexed is a true copy of a\.,
;f!_iiL4.fLL as it was
"Iar issues (and not in supplement form)of-,
mce each week for a period of _Q!'~con-
I
ommencing on the __2J,nL day of JU?x:i,L_,
I
ing on the __-'ZJrd_day of _t-PI)),-_,19_~~_,
sive, and that such newspaper was regularly~subscribers during all of said period.That
!of the fee charged for the foregoing publi-
In of $_Zl:L§§•which amount has been
I
SHINGTON.
inohomish,
Provide a copy of the declare tion ..nd receipt to the pur-
chaser.
Require the purchaser of the r.lalt liquor to
declaration and receipt for the keg or other
..n%r beverage in subo.tantially the forr:t
herein.
Require the purchas~r to provide'two pieces of ide?ti-
fication,one.of whlch is ~motor,veh~cle operator-"
license,Washlngton State ldentlflcat,on card,or
milit..ry identification card.
Require the purchaser to sign a sworn statement,under
penalty of .perJury,that:
(a) The purchaser is of legal age to purchase,pos se s a
Or-use "''Il.t li"!uor:
That the purchaser person under
the age of twenty~one the heverage
except as provided by
(c)That the purchaser will "not remove,obliterate,
or allow to be removed or Obliterated,the iden-
tification number e f f Lxed to the container.
Require the purchaser to st.ate the particular address
where the malt liquor will be conaum';'d,or the partlc,:,lar
address where the keg or c ther cont.e i ne r "'ill be PhYSl-
colllly located.
AN ORDINANCE or THE CITY OF MARYSVILLF:REGULATING
THE:SALE AND DISTRIBUTION OF MALT LIQUOR,A~D
ADDING CHAPTER 5.34 TO THE MARYSVILLE MUNICIPAL
CODE
AffiX to each keg or container .!I.num!;'ered label,here-
after referred to a"the ldentlflCatlOn number.
Record the identific..tion number,and e ny other number
appearing on the keg ,or container,On any declaration or
~eceipt of_~urchase.
Retain the original copy of the declaration and receipt
for a period of one (1)ye~r for inspection by any law
enfo"-cement aqency.Such lnspection shall be,allowed
upon request of a law enforcement ,?fficer havlng a reason-
able belief that a violation of thlS chapter Or related
alcohOl e nfor cernent laws has or will occur.
CHAPTER 5.34
MALT LIQUOR BY THE KEG
Section 5.34.010 Seller'!}Duties.Any person .""ho sells ~,,
offers for sale the contents of kegs or other contalners contallling
six (6)gallons or more of malt liquor,or leases k~gs or-other
containers which will hold six (6]gallons of malt Li quo r ,to con-
sumers who are not licensed under Chapter ?6.24 FlCW shall do the
following for any transaction inVolving se ro contalnter:
THE CITY COUNCIL OF THE CITY or MARYSVILLE,WAsHINGTON,DO
ORDAIN AS FOLLOWS:
A new Chollpter 5.34 is hereby added to the Ma"-ysville Municipal
Code providing as follows:
Not allow any person under the age of twenty-one (21)to
Consume the beverage except as provided by RCW 66.44'.270;
3.r;ot remove,Obliterate,or allow to be removed or obliter-
ated,the numbered label affixed to the contain"r:
riot move,keep Or store keg o r'it"contents,except for
transporting to and trom distributor,at any place other
than that particular address decLa red on the receipt and
decl e r a t i.on r
Maintain iI copy of the declaration and r-eceipt next to
or adjacent to the keg 0,,-other container,e nd in no
event a distance greater than five (5)feet,and visible
without physical barrier from such keg,during the time
that the keg or Other container is in the pur-chaser's
possession and/or control.
1 -"_'l,.~:~~~~n"J~~3~~~~~Pt D~~~~~~~~~he;~~n ~:h:trbe ~~~S~~~~i~~l~h~n
101\owl.ng form and shallr-eqUlre -the Information contained in
_..'-'following form:
RECEIPT FOR SALE or MAl.T LIQUOR IN KEGS OR CONTAINERS
TO UNLICENSED PERSONS
Slgnature of Purchaser
Address or location where keg will ee located:
Invoice NO.Date of 58le _
Motor Vehicle Ope r c eo r's License No._
Washington State .Identification Card _
Other IdentIfication _
---~-----~------
I declare under penalty of perjury the information
pro"ided In this receipt is true and correct,and that
I ern over the legal age to purchasQ,possess Or use
malt liquor,that I will not allow the malt liquor pur-
chased and identified by this receipt to be consumed
by (lny person who is under the aqe of twenty-one (21)
excopt "5 provided bl'Rew 66.~4.270,and that I will
not remove or obliterate the numbered identification
label affixed to the container.
il-ddtess of Licensed Premises _
Identity of 5ellel-_
of thi;e~;~~~a~~;4~~:~1 ~:n:l~r~d~~:n~;o~~~t~~a~~ea~~~r~~~:i~~S
not mo r e than $500.00 or by imprisonment not to exceeo six months,
or both such fine and ir:tprisorunent.
PASSED by lhe City Council end APPROVED by Ihe Mayor this 14th day of April,1966.
CITY OF MARYSVILLE
Norman Anderson,Mayor
ATTEST:8y Phillip E.De:<ter,City Clerk
APPROVED A5 1'0 FORM:By Jdm£>s 1'1.Altendoerfer,City Alty
Punushed-"priln 1966
It is unlawfUl for any person under the ..ge of twenty-one
(21)years to acquire in any manner,consume or have in
his or her possession,any into:<icatinq liquor,provided
tJ:at the foreqoing shall n'?t apply in the c aee of liquor
glven Or pe rrm bt ed to be glVen to such person under the
age of twenty-ne ·(21)years by his parent or guardian
for eevereco or medicinal purposes in the home or admin-
istered to him by his physician or dentist for medicinal
purposes.,A person who signs this receipt with knowledge
~hat any.lnformation in the receipt is false commits per-
Jury,Vlolatlons of ..n'(of the provisions of the Marys-
ville Munu::ipal Code ...hloch require this statement and
these tenns'is a misdemeanor punishable by e fine of not
more th..n $500.00,or by imprisonment not to exceed six
monthS,Or by both such fine and impriscmrnent.
~~O \I0NVW ~~O NWnln~J.\I~\I0dWUNro H10iM
AFFiDAVIT OF PUBLIC·ATICN
No._
STATE OF WASHINGTON,
County of Snohomish,
ss.
_____.!--_i_n_c!.8:_~~!?5'~_e_r.•being first duly sworn
on oath deposes and says that he is the,..§~S::L~t~ry_._
of THE MARYSVILLE GLOBE, a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18. 1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
______DrJli.nilo'~_.#JAQ.2.as it was
published in regular issues (and not in supplement form)of
said newspaper once each week for a period of _Qrl~con.
secutive weeks,commencing on the __23r £L day of _Aj2;:;iJ.__,
19_86_.and ending on the 2.1rd_day of _bP.rJ..t_,19_~~_,
both dates inclusive,and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the fun .amount of the fee charged for the foregoing publi-
-~-~~-----------------
Subscribed and sworn to before me this J!if'.._
cation is the sum of $_2n~§~L ,which amount has been
paid in full
day of ------~;;~~~~~;
ResidIng at Marysville.
......_-_._.......
____~~I.\JTn:::t;---------
It is unla",ful for.any .person under the age of twenty-one
(~lJ years to ecqu r re Jon any manner,consume or have in
m s or her possession,any intoxicating liquor,provided
tha.t the torel;JQinq shall not apply in the case of liquor
given or permitted to be q Lve n to such person under the
a.ge of twenty-...e 12lJ years by his parent or guardian
for beverage or medicinal purposes in the home or a.dmin-
istered to him by his physician or dentist for medicinal
purposes.A pez-s on who signs this receipt with knowledge
~hat any.info::mation in the receipt is false commits per-
]1!ry.V:l?l~t~ons of ariy of the provisions of the Marys-
v.dIe Mun:lcl-pal Code wh:lch require this statement and
these terms'is a misdemeanor punishable by a fine of not
more than $500.00,or by imprisonment not to exceed six
months,or by bath such fine and imprisonment.
PASSED by Ihe City Council and APPROVED by the Mayor this 14th d<'lY of April,1986
CITY OF MARYSVILLE
Norman Anderson.Mayor
ATTEST:By Phillip E.Dexter.City Clerk
APPROVED A5 TO FORM:By James H.Allendoeder,Ci1y Atty.
Published:April 23.1986