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Chapter 66.44 RCW

ENFORCEMENT — PENALTIES

RCW Sections

66.44.010Local officers to enforce law -- Authority of board -- Liquor enforcement officers.
66.44.040Sufficiency of description of offenses in complaints, informations, process, etc.
66.44.050Description of offense in words of statutes -- Proof required.
66.44.060Proof of unlawful sale establishes prima facie intent.
66.44.070Certified analysis is prima facie evidence of alcoholic content.
66.44.080Service of process on corporation.
66.44.090Acting without license.
66.44.100Opening or consuming liquor in public place -- Penalty.
66.44.120Unlawful use of seal.
66.44.130Sales of liquor by drink or bottle.
66.44.140Unlawful sale, transportation of spirituous liquor without stamp or seal -- Unlawful operation, possession of still or mash.
66.44.150Buying liquor illegally.
66.44.160Illegal possession, transportation of alcoholic beverages.
66.44.170Illegal possession of liquor with intent to sell -- Prima facie evidence, what is.
66.44.175Violations of law.
66.44.180General penalties -- Jurisdiction for violations.
66.44.193Sales on university or college campus.
66.44.200Sales to persons apparently under the influence of liquor -- Purchases or consumption by persons apparently under the influence of liquor on licensed premises -- Penalty -- Notice -- Separation of actions.
66.44.210Obtaining liquor for ineligible person.
66.44.240Drinking in public conveyance -- Penalty against carrier -- Exception.
66.44.250Drinking in public conveyance -- Penalty against individual -- Restricted application.
66.44.265Candidates giving or purchasing liquor on election day prohibited.
66.44.270Furnishing liquor to minors -- Possession, use -- Penalties -- Exhibition of effects -- Exceptions.
66.44.280Minor applying for permit.
66.44.290Minor purchasing or attempting to purchase liquor -- Penalty.
66.44.292Sales to minors by licensee or employee -- Board notification to prosecuting attorney to formulate charges against minors.
66.44.300Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.
66.44.310Minors frequenting off-limits area -- Misrepresentation of age -- Penalty -- Classification of licensees.
66.44.316Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.
66.44.318Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.
66.44.325Unlawful transfer to minor of age identification.
66.44.328Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card -- Penalty.
66.44.340Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.
66.44.350Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.
66.44.365Juvenile driving privileges -- Alcohol or drug violations.
66.44.370Resisting or opposing officers in enforcement of title.
66.44.800Compliance by Washington wine and beer commissions.

Notes:

Minors
   access to tobacco, role of liquor control board: Chapter 70.155 RCW.
   prohibited to enter bars or taverns: RCW 26.28.080.

Sale or gift of tobacco to persons under certain age is gross misdemeanor: RCW 26.28.080.

State institutions, bringing in liquor prohibited: RCW 72.23.300.



66.44.010
Local officers to enforce law — Authority of board — Liquor enforcement officers.

(1) All county and municipal peace officers are hereby charged with the duty of investigating and prosecuting all violations of this title, and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and all fines imposed for violations of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor shall belong to the county, city or town wherein the court imposing the fine is located, and shall be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

     (2) In addition to any and all other powers granted, the board shall have the power to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor.

     (3) In addition to the other duties under this section, the board shall enforce chapters 82.24 and 82.26 RCW.

     (4) The board may appoint and employ, assign to duty and fix the compensation of, officers to be designated as liquor enforcement officers. Such liquor enforcement officers shall have the power, under the supervision of the board, to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. They shall have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW. They shall have the power to arrest without a warrant any person or persons found in the act of violating any of the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW.

[1998 c 18 § 1; 1987 c 202 § 224; 1969 ex.s. c 199 § 28; 1939 c 172 § 5; 1935 c 174 § 11; 1933 ex.s. c 62 § 70; RRS § 7306-70. Formerly RCW 66.44.010 through 66.44.030.]

Notes:

     Intent -- 1987 c 202: See note following RCW 2.04.190.




66.44.040
Sufficiency of description of offenses in complaints, informations, process, etc.

In describing the offense respecting the sale, or keeping for sale or other disposal, of liquor, or the having, keeping, giving, purchasing or consumption of liquor in any information, summons, conviction, warrant, or proceeding under this title, it shall be sufficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of liquor, without stating the name or kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom consumed, or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity.

[1933 ex.s. c 62 § 57; RRS § 7306-57.]




66.44.050
Description of offense in words of statutes — Proof required.

The description of any offense under this title, in the words of this title, or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense in this title, may be proved by the defendant, but need not be specified or negatived in the information; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.

[1933 ex.s. c 62 § 58; RRS § 7306-58.]




66.44.060
Proof of unlawful sale establishes prima facie intent.

In any proceeding under this title, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of this title.

[1933 ex.s. c 62 § 59; RRS § 7306-59.]




66.44.070
Certified analysis is prima facie evidence of alcoholic content.

A certificate, signed by any person appointed or designated by the board in writing as an analyst, as to the percentage of alcohol contained in any liquid, drink, liquor, or combination of liquors, when produced in any court or before any court shall be prima facie evidence of the percentage of alcohol contained therein.

[1933 ex.s. c 62 § 60; RRS § 7306-60.]




66.44.080
Service of process on corporation.

In all prosecutions, actions, or proceedings under the provisions of this title against a corporation, every summons, warrant, order, writ or other proceeding may be served on the corporation in the same manner as is now provided by law for service of civil process.

[1933 ex.s. c 62 § 61; RRS § 7306-61.]




66.44.090
Acting without license.

Any person doing any act required to be licensed under this title without having in force a license issued to him or her shall be guilty of a gross misdemeanor.

[2012 c 117 § 289; 1955 c 289 § 2. Prior: (i) 1933 ex.s. c 62 § 28; RRS § 7306-28.(ii) 1939 c 172 § 6(1); 1935 c 174 § 6(1); 1933 ex.s. c 62 § 92(1); RRS § 7306-92(1).]




66.44.100
Opening or consuming liquor in public place — Penalty.

Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW.

[1999 c 189 § 3; 1981 1st ex.s. c 5 § 21; 1933 ex.s. c 62 § 34; RRS § 7306-34.]

Notes:

     Application -- 1999 c 189: See note following RCW 66.28.230.

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.




66.44.120
Unlawful use of seal.

(1) No person other than an employee of the board may keep or have in his or her possession any official seal adopted by the board under this title, unless the same is attached to a package in accordance with the law; nor may any person keep or have in his or her possession any design in imitation of any official seal prescribed under this title, or calculated to deceive by its resemblance thereto, or any paper upon which any design in imitation thereof, or calculated to deceive as aforesaid, is stamped, engraved, lithographed, printed, or otherwise marked.

     (2)(a) Except as provided in (b) of this subsection, every person who willfully violates this section is guilty of a gross misdemeanor and is liable on conviction thereof for a first offense to imprisonment in the county jail for a period of not less than three months nor more than six months, without the option of the payment of a fine, and for a second offense, to imprisonment in the county jail for not less than six months nor more than three hundred sixty-four days, without the option of the payment of a fine.

     (b) A third or subsequent offense is a class C felony, punishable by imprisonment in a state correctional facility for not less than one year nor more than two years.

[2012 c 2 § 209 (Initiative Measure No. 1183, approved November 8, 2011); 2011 c 96 § 46; 2005 c 151 § 11; 2003 c 53 § 299; 1992 c 7 § 42; 1933 ex.s. c 62 § 47; RRS § 7306-47.]

Notes:

     Finding -- Application -- Rules -- Effective date -- Contingent effective date -- 2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

     Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021.

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.




66.44.130
Sales of liquor by drink or bottle.

Except as otherwise provided in this title, every person who sells by the drink or bottle, any liquor shall be guilty of a violation of this title.

[1955 c 289 § 3. Prior: 1939 c 172 § 6(2); 1935 c 174 § 15(2); 1933 ex.s. c 62 § 92(2); RRS § 7306-92(2).]




66.44.140
Unlawful sale, transportation of spirituous liquor without stamp or seal — Unlawful operation, possession of still or mash.

Every person who shall sell or offer for sale, or transport in any manner, any spirituous liquor, without government stamp or seal attached thereto, or who shall operate without a license, any still or other device for the production of spirituous liquor, or shall have in his or her possession or under his or her control any mash capable of being distilled into spirituous liquor except as provided in RCW 66.12.130, shall be guilty of a gross misdemeanor and upon conviction thereof shall upon his or her first conviction be fined not less than five hundred dollars and confined in the county jail not less than six months, and upon second and subsequent conviction shall be fined not less than one thousand dollars and confined in the county jail not less than one year.

[2012 c 117 § 290; 1980 c 140 § 4; 1955 c 289 § 4. Prior: 1939 c 172 § 6(3); 1935 c 174 § 15(3); 1933 ex.s. c 62 § 92(3); RRS § 7306-92(3).]




66.44.150
Buying liquor illegally.

If any person in this state buys alcoholic beverages from any person other than a person authorized by the board to sell alcoholic beverages, he or she is guilty of a misdemeanor.

[2012 c 2 § 210 (Initiative Measure No. 1183, approved November 8, 2011); 1955 c 289 § 5. Prior: 1939 c 172 § 6(4); 1935 c 174 § 15(4); 1933 ex.s. c 62 § 92(4); RRS § 7306-92(4).]

Notes:

     Finding -- Application -- Rules -- Effective date -- Contingent effective date -- 2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.




66.44.160
Illegal possession, transportation of alcoholic beverages.

Except as otherwise provided in this title, any person who has or keeps or transports alcoholic beverages other than those purchased from the board, a state liquor store, or some person authorized by the board to sell them, shall be guilty of a violation of this title.

[1955 c 289 § 6. Prior: 1939 c 172 § 6(5); 1935 c 174 § 15(5); 1933 ex.s. c 62 § 92(5); RRS § 7306-92(5).]




66.44.170
Illegal possession of liquor with intent to sell — Prima facie evidence, what is.

Any person who keeps or possesses liquor upon his or her person or in any place, or on premises conducted or maintained by him or her as principal or agent with the intent to sell it contrary to provisions of this title, shall be guilty of a violation of this title. The possession of liquor by the principal or agent on premises conducted or maintained, under federal authority, as a retail dealer in liquors, shall be prima facie evidence of the intent to sell liquor.

[2012 c 117 § 291; 1955 c 289 § 7. Prior: 1937 c 144 § 1 (adding new section 92A to 1933 ex.s. c 62); RRS § 7306-92A.]




66.44.175
Violations of law.

Every person who violates any provision of this title or the regulations shall be guilty of a violation of this title, whether otherwise declared or not.

[1933 ex.s. c 62 § 91; RRS § 7306-91.]




66.44.180
General penalties — Jurisdiction for violations.

(1) Every person guilty of a violation of this title for which no penalty has been specifically provided:

     (a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than two months, or both;

     (b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six months; and

     (c) For a third or subsequent offense, is guilty of a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days.

     (2) If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and for a second or subsequent offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.

     (3) Every district judge and municipal judge shall have concurrent jurisdiction with superior court judges of the state of Washington of all violations of the provisions of this title and may impose any punishment provided therefor.

[2011 c 96 § 47; 2003 c 53 § 300; 1987 c 202 § 225; 1981 1st ex.s. c 5 § 22; 1935 c 174 § 16; 1933 ex.s. c 62 § 93; RRS § 7306-93.]

Notes:

     Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021.

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.

     Intent -- 1987 c 202: See note following RCW 2.04.190.

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.




66.44.193
Sales on university or college campus.

If an institution of higher education chooses to allow the sale of alcoholic beverages on campus, the legislature encourages the institution to feature products produced in the state of Washington.

[2003 c 51 § 2.]




66.44.200
Sales to persons apparently under the influence of liquor — Purchases or consumption by persons apparently under the influence of liquor on licensed premises — Penalty — Notice — Separation of actions.

(1) No person shall sell any liquor to any person apparently under the influence of liquor.

     (2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.

     (b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.

     (c) A defendant's intoxication may not be used as a defense in an action under this subsection.

     (d) Until July 1, 2000, every establishment licensed under RCW
66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.

     (3) An administrative action for violation of subsection (1) of this section and an infraction issued for violation of subsection (2) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other.

[1998 c 259 § 1; 1933 ex.s. c 62 § 36; RRS § 7306-36.]




66.44.210
Obtaining liquor for ineligible person.

Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with the provisions of this title, no person shall procure or supply, or assist directly or indirectly in procuring or supplying, liquor for or to anyone whose permit is suspended or has been canceled.

[1933 ex.s. c 62 § 38; RRS § 7306-38.]




66.44.240
Drinking in public conveyance — Penalty against carrier — Exception.

Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This section does not apply to a public conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city, county, or state law.

[1983 c 165 § 29; 1909 c 249 § 442; RRS § 2694.]

Notes:

     Legislative finding, intent -- Effective dates -- Severability -- 1983 c 165: See notes following RCW 46.20.308.

Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.




66.44.250
Drinking in public conveyance — Penalty against individual — Restricted application.

Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for-hire vehicle licensed under city, county, or state law, this section applies only to the driver of the vehicle.

[1983 c 165 § 30; 1909 c 249 § 441; RRS § 2693.]

Notes:

     Legislative finding, intent -- Effective dates -- Severability -- 1983 c 165: See notes following RCW 46.20.308.

Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.




66.44.265
Candidates giving or purchasing liquor on election day prohibited.

It shall be unlawful for a candidate for office or for nomination thereto whose name appears upon the ballot at any election to give to or purchase for another person, not a member of his or her family, any liquor in or upon any premises licensed by the state for the sale of any such liquor by the drink during the hours that the polls are open on the day of such election.

[1971 ex.s. c 112 § 2.]




66.44.270
Furnishing liquor to minors — Possession, use — Penalties — Exhibition of effects — Exceptions.

(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

     (2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

     (b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (4), (5), or (6) of this section.

     (3) Subsections (1) and (2)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

     (4) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

     (5) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

     (6)(a) A person under the age of twenty-one years acting in good faith who seeks medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted under subsection (2)(a) of this section, if the evidence for the charge was obtained as a result of the person seeking medical assistance.

     (b) A person under the age of twenty-one years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (2)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.

     (c) The protection in this subsection shall not be grounds for suppression of evidence in other criminal charges.

     (7) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

[2013 c 112 § 2; 1998 c 4 § 1; 1993 c 513 § 1; 1987 c 458 § 3; 1955 c 70 § 2. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS § 7306-37(1); prior: Code 1881 § 939; 1877 p 205 § 5.]

Notes:

     Intent -- 2013 c 112: "The legislature intends to save lives by increasing timely medical attention to alcohol poisoning victims through the establishment of limited immunity from prosecution for people under the age of twenty-one years who seek medical assistance in alcohol poisoning situations. Dozens of alcohol poisonings occur each year in Washington state. Many of these incidents occur because people delay or forego seeking medical assistance for fear of arrest or police involvement, which researchers continually identify as a significant barrier to the ideal response of calling 911." [2013 c 112 § 1.]

     Severability -- 1987 c 458: See note following RCW 48.21.160.

Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.




66.44.280
Minor applying for permit.

Every person under the age of twenty-one years who makes application for a permit shall be guilty of an offense against this title.

[1955 c 70 § 3. Prior: 1935 c 174 § 6(2); 1933 ex.s. c 62 § 37(2); RRS § 7306-37(2).]




66.44.290
Minor purchasing or attempting to purchase liquor — Penalty.

(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor control board may not be used for criminal or administrative prosecution.

     (2) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase.

     (3) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase program authorized under this section.

     (4) Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW
9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours of community restitution.

[2003 c 53 § 301; 2001 c 295 § 1; 1965 c 49 § 1; 1955 c 70 § 4. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 § 37(1); RRS § 7306-37(1).]

Notes:

     Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180.




66.44.292
Sales to minors by licensee or employee — Board notification to prosecuting attorney to formulate charges against minors.

The Washington state liquor control board shall furnish notification of any hearing or hearings held, wherein any licensee or his or her employee is found to have sold liquor to a minor, to the prosecuting attorney of the county in which the sale took place, upon which the prosecuting attorney may formulate charges against said minor or minors for such violation of RCW 66.44.290 as may appear.

[2012 c 117 § 292; 1981 1st ex.s. c 5 § 23; 1965 c 49 § 3.]

Notes:

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.




66.44.300
Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.

Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases liquor for such minor, or permits a minor to treat, give or purchase liquor for the adult; or holds out such minor to be twenty-one years of age or older to the owner or employee of the liquor establishment, a law enforcement officer, or a liquor enforcement officer shall be guilty of a misdemeanor.

[1994 c 201 § 7; 1941 c 78 § 1; Rem. Supp. 1941 § 7306-37A.]




66.44.310
Minors frequenting off-limits area — Misrepresentation of age — Penalty — Classification of licensees.

(1) Except as otherwise provided by RCW 66.44.316, 66.44.350, and 66.24.590, it shall be a misdemeanor:

     (a) To serve or allow to remain in any area classified by the board as off-limits to any person under the age of twenty-one years;

     (b) For any person under the age of twenty-one years to enter or remain in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a spirits, beer, and wine private club license;

     (c) For any person under the age of twenty-one years to represent his or her age as being twenty-one or more years for the purpose of purchasing liquor or securing admission to, or remaining in any area classified by the board as off-limits to such a person.

     (2) The Washington state liquor control board shall have the power and it shall be its duty to classify licensed premises or portions of licensed premises as off-limits to persons under the age of twenty-one years of age.

[2007 c 370 § 12; 1998 c 126 § 14; 1997 c 321 § 53; 1994 c 201 § 8; 1981 1st ex.s. c 5 § 24; 1943 c 245 § 1 (adding new section 36-A to 1933 ex.s. c 62); Rem. Supp. 1943 § 7306-36A. Formerly RCW 66.24.130 and 66.44.310.]

Notes:

     Effective date -- 2007 c 370 §§ 10-20: See note following RCW 66.04.010.

     Effective date -- 1998 c 126: See note following RCW 66.20.010.

     Effective date -- 1997 c 321: See note following RCW 66.24.010.

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.

Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.




66.44.316
Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

It is lawful for:

     (1) Professional musicians, professional disc jockeys, or professional sound or lighting technicians actively engaged in support of professional musicians or professional disc jockeys, eighteen years of age and older, to enter and to remain in any premises licensed under the provisions of Title
66 RCW, but only during and in the course of their employment as musicians, disc jockeys, or sound or lighting technicians;

     (2) Persons eighteen years of age and older performing janitorial services to enter and remain on premises licensed under the provisions of Title 66 RCW when the premises are closed but only during and in the course of their performance of janitorial services;

     (3) Employees of amusement device companies, which employees are eighteen years of age or older, to enter and to remain in any premises licensed under the provisions of Title 66 RCW, but only during and in the course of their employment for the purpose of installing, maintaining, repairing, or removing an amusement device. For the purposes of this section amusement device means coin-operated video games, pinball machines, juke boxes, or other similar devices; and

     (4) Security and law enforcement officers, and firefighters eighteen years of age or older to enter and to remain in any premises licensed under Title 66 RCW, but only during and in the course of their official duties and only if they are not the direct employees of the licensee. However, the application of the [this] subsection to security officers is limited to casual, isolated incidents arising in the course of their duties and does not extend to continuous or frequent entering or remaining in any licensed premises.

     This section shall not be construed as permitting the sale or distribution of any alcoholic beverages to any person under the age of twenty-one years.

[1985 c 323 § 1; 1984 c 136 § 1; 1980 c 22 § 1; 1973 1st ex.s. c 96 § 1.]




66.44.318
Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.

Licensees holding nonretail class liquor licenses are permitted to allow their employees between [the] ages of eighteen and twenty-one to stock, merchandise, and handle beer or wine on or about the nonretail premises if there is an adult twenty-one years of age or older on duty supervising such activities on the premises.

[1995 c 100 § 2.]




66.44.325
Unlawful transfer to minor of age identification.

Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain alcoholic beverages shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours of community restitution: PROVIDED, That corroborative testimony of a witness other than the minor shall be a condition precedent to conviction.

[2002 c 175 § 43; 1987 c 101 § 2; 1961 c 147 § 1.]

Notes:

     Effective date -- 2002 c 175: See note following RCW 7.80.130.

Cards of identification: RCW 66.20.170 through 66.20.210.




66.44.328
Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card — Penalty.

No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person under the age of twenty-one years a facsimile of any of the officially issued cards of identification that are required for presentation under *RCW 66.16.040. A violation of this section is a gross misdemeanor punishable as provided by RCW 9A.20.021 except that a minimum fine of two thousand five hundred dollars shall be imposed.

[1987 c 101 § 3.]

Notes:

     *Reviser's note: RCW 66.16.040 was repealed by 2012 c 2 § 215 (Initiative Measure No. 1183).




66.44.340
Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.

(1) Employers holding grocery store or beer and/or wine specialty shop licenses exclusively are permitted to allow their employees, between the ages of eighteen and twenty-one years, to sell, stock, and handle liquor in, on or about any establishment holding a license to sell such liquor, if:

     (a) There is an adult twenty-one years of age or older on duty supervising the sale of liquor at the licensed premises; and

     (b) In the case of spirits, there are at least two adults twenty-one years of age or older on duty supervising the sale of spirits at the licensed premises.

     (2) *Employees under twenty-one years of age may make deliveries of beer and/or wine purchased from licensees holding grocery store or beer and/or wine specialty shop licenses exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the underage employee is accompanied by the purchaser.

[2012 c 2 § 211 (Initiative Measure No. 1183, approved November 8, 2011); 1999 c 281 § 11; 1986 c 5 § 1; 1981 1st ex.s. c 5 § 48; 1969 ex.s. c 38 § 1.]

Notes:

     *Reviser's note: Initiative Measure No. 1183 removed the word "minor" and inserted the phrase "Employees under twenty-one years of age" without enclosing "minor" in double parentheses with strike-through and without underlining "Employees under twenty-one years of age."

     Finding -- Application -- Rules -- Effective date -- Contingent effective date -- 2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.




66.44.350
Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

Notwithstanding provisions of RCW 66.44.310, employees holding beer and/or wine restaurant; beer and/or wine private club; snack bar; spirits, beer, and wine restaurant; spirits, beer, and wine private club; catering; and sports entertainment facility licenses who are licensees eighteen years of age and over may take orders for, serve, and sell liquor in any part of the licensed premises except cocktail lounges, bars, or other areas classified by the Washington state liquor control board as off-limits to persons under twenty-one years of age: PROVIDED, That such employees may enter such restricted areas to perform work assignments including picking up liquor for service in other parts of the licensed premises, performing clean up work, setting up and arranging tables, delivering supplies, delivering messages, serving food, and seating patrons: PROVIDED FURTHER, That such employees shall remain in the areas off-limits to minors no longer than is necessary to carry out their aforementioned duties: PROVIDED FURTHER, That such employees shall not be permitted to perform activities or functions of a bartender.

[2014 c 29 § 4; 1999 c 281 § 12; 1988 c 160 § 1; 1975 1st ex.s. c 204 § 1.]




66.44.365
Juvenile driving privileges — Alcohol or drug violations.

(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

     (2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW
46.20.265, the court may notify the department of licensing that the juvenile's privilege to drive should be reinstated.

     (3) If the conviction is for the juvenile's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

[1989 c 271 § 118; 1988 c 148 § 3.]

Notes:

     Severability -- 1989 c 271: See note following RCW 9.94A.510.

     Legislative finding -- Severability -- 1988 c 148: See notes following RCW 13.40.265.




66.44.370
Resisting or opposing officers in enforcement of title.

No person shall knowingly or wilfully resist or oppose any state, county, or municipal peace officer, or liquor enforcement officer, in the discharge of his/her duties under Title 66 RCW, or aid and abet such resistance or opposition. Any person who violates this section shall be guilty of a violation of this title and subject to arrest by any such officer.

[1981 1st ex.s. c 5 § 27.]

Notes:

     Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.




66.44.800
Compliance by Washington wine and beer commissions.

(1) Nothing contained in chapter 15.88 RCW shall affect the compliance by the Washington wine commission with this chapter.

     (2) Nothing contained in chapter 15.89 RCW shall affect the compliance by the Washington beer commission with this chapter.

[2006 c 330 § 22; 1987 c 452 § 17.]

Notes:

     Construction -- Severability -- 2006 c 330: See RCW 15.89.900 and 15.89.901.

     Construction -- Effective dates -- Severability -- 1987 c 452: See RCW 15.88.900 through 15.88.902.