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HomeMy WebLinkAbout02 86 /l._ ~/0 " ../ ~.£jJ /....___v·~kk,J II-/?~ð? ~'.~iq 71~1 Ci#dV-- (7 (ftu/1b-z~ ~/-.~o ';6 NOTICE OF PUBLIC HEARING ON THE PROPOSED ADOPTION OF AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF MALT LIQUOR NOTICE IS HEREBY GIVEN, that the Jefferson County Board of Commissioners will conduct a public hearing on Monday December 1, 1986, at the hour of 10:30 a.m. in their Chambers at the County Courthouse, Port Townsend, Washington, for the purpose of obtaining comments on the following proposed Ordinance regulating the sale and distribution of malt liquor. tt Dated this 17- day of November, 1986. JEFFERSON COUNTY BOARD OF COMMISSIONERS - - - - - - - - - - - - - - - - ORDINANCE NO. 2-86 AN ORDINANCE OF THE COUNTY OF JEFFERSON REGULATING THE SALE AND DISTRIBUTION OF MALT LIQUOR WHEREAS, the public health, safety and welfare is adversely affected by the growing problem of underage drinking in our community, one aspect of which problem is uncontrolled "keg parties"; and WHEREAS, providing kegs of malt liquor for use by minors could be significantly deterred through a keg registration requirement; and WHEREAS, the City Council for the City of Port Townsend has recently adopted such a Keg Registration requirement; and WHEREAS, Jefferson County's adoption of a keg registration requirement identical to that of the City of Port Townsend would facilitate effective law enforcement in our community; NOW, THEREFORE, THE BOARD OF JEFFERSON COUNTY COMMISSIONERS, JEFFERSON COUNTY, WASHINGTON, DOES HEREBY ORDAIN as follows: SECTION I MALT LIQUOR DEFINED The term "malt liquor" includes, but is not limited to, beer, strong beer, ale, stout and porter. : \/"\1 :.0~ 12 f :. ~~ ~ Of'F -., !'I 1",';13 J '...>"'.. ~__~J SECTION II SALE OF MALT LIQUOR Any person who sells or offers for sale the contents of kegs or any other container containing four (4) gallons or more of malt liquor, or leases kegs or other containers which held four (4) gallons or more of malt liquor, to consumers who are not licensed under Chapter 66.24 RCW, as now or hereafter amended shall: A. Require the purchaser to sign a receipt in triplicate for the keg or container or the contents thereof and provide the following: 1. Two pieces of identification, one of which is a motor vehicle operator's license or a Washington State Identification Card; 2. The particular address where the keg or container will be physically located and consumed; 3. A sworn statement, under penalty of perjury, that the purchaser is of legal age to purchase, possess, or use malt liquor; a. That the purchaser will not allow any person under the age of twenty-one (21) years to consume the beverage except as provided in RCW 66.44.270, as now or hereafter amended; b. That the purchaser will not remove or obliterate or allow to be removed or obliterated, the identification number label affixed to the container or keg. B. Record the identification of the keg or container in the following manner for the purpose of tracing the item if the contents are consumed in violation of this Ordinance: 1. Affix to each keg or container a numbered label, hereafter referred to as the identification number; 2. Record the serial number of the keg or container and the identification number on the receipt. C. The original copy of the receipt shall be retained for a period of ninety (90) days, subject to inspection by the Jefferson County Sheriff's Department. A second copy of the receipt shall be provided to the purchaser, and the third copy of the receipt shall be provided to the Jefferson County Sheriff's Department within seven (7) days of the date of purchase. D. Notify the Jefferson County Sheriff's Department immediately in the event a keg or container purchase exceeds sixteen (16) gallons or more of malt liquor to one (1) purchaser. The seller will provide the purchaser's name, address and driver's license number to the Jefferson County Sheriff Department. Ordinance No. (:.r - <&e;, Page of 2 lVOL 12lAGE 00- :'1"~{'"\ ......-.,...:..,.......1 ~_h.~{ SECTION III PURCHASER'S DUTY Any person who purchases the contents of kegs or other containers containing four (4) gallons or more of malt liquor, or purchases or leases a keg or container which holds four (4) or more gallons of malt liquor 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) years to consume the beverage except as provided in RCW 66.44.270, as now or hereafter amended. C. Not remove, obliterate, or allow to be removed or obliterated, the numbered label affixed to the container; D. Not remove, keep or store keg or its contents except for transporting to and from the retailer, at any place other than that particular address declared on the receipt and declaration. SECTION IV DECLARATION AND RECEIPT The form of the declaration and receipt required herein shall be substantially in the following form: RECEIPT FOR SALE OF MALT LIQUOR TAVERN OR STORE: DATE: SELLER: NAME OF PURCHASER: ADDRESS OF PURCHASER: DRIVER'S LICENSE #: KEG IDENTIFICATION #: SERIAL #: NO. OF KEGS SOLD: BRAND: TOTAL GALLONS ADDRESS OR LOCATION WHERE KEG WILL BE HOUSED AND CONSUMED: I declare under penalty of perjury that the 1nformat1on prov1ded 1n th1s rece1pt 1s 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 twen ty-one (21) years except as provided by RCW 66.44.270,as now or hereafter amended, and that I will not remove or obliterate or allow to be removed or obliterated the numbered identification label affixed to the container or keg. PURCHASER SIGNATURE: Ordinance No. 2 - ~ Page of 3 tVSL 12 iF: orr"--':::l ~ SECTION V PENALTY The violation of any provision of this Ordinance shall be a misdemeanor punishable by a fine of not more than $500 or by imprisonment not to exceed six (6) months, or both. SECTION VI SEVERABILITY If any section, sentence, clause or provision of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity or constitutionality of any other section, sentence, clause or provision of this Ordinance. SECTION VII EFFECTIVE DATE as of LS-J7J7/9.f.J'~ This Ordinance shall take effect 1986. ~ PASSED~y the BOARD OF JEFFERSON COUNTY COMMISSIONERS on the 1 day of ~~,1986. JEFFERSON COUNTY BOARD OF COMMISSIONERS ~J B.G. Brown, Member :/~TEST : 'iih)~L.d~ ' J)!rdine C. B Clerk of the Board .~~.t - t!-4?3~ (pos ion vacant) APPROVED AS TO FORM: John F. Raymond, Prosecuting Attorney Ordinance No. ~-~ Page of 4 tVDL 12 r~C~ 00 -:::;2 ",--,--.~~ Affidavit of Publication STATE OF WASHINGTON) ss COUNTY OF JEFFERSON) FRANK W, GARRED, being sworn, soys he is the publisher 01 the Port Townsend leoder, 0 weekly newspaper which has been established, published in the English language and cir- culated continuously os 0 weekly newspaper in the town of Port Townsend, in said County and State, and lor general cir· culation in said county for more than six (6) months prior to the dote of the first publication of the Notice hereto attached, and that the said Port Townsend leader was on the 27th day of June 1941, approved os 0 legal newspaper by the Superior Court 01 said Jefferson County, and that annexed is true copy of the Notice of public hearing on the proposed adoption of an ordinance regulating the sale and distribution of Malt Liquor as it appeared in the regular and entire issue of said paper i'self and no' in a supplement thereof for 0 period of one consecutive weeks, beginning on the 19th day of November ,19~, and ending on the 19th day of November , 19 --81i., and ,hat said newspaper was regularly distributed to its subscribers during 011 of this period, That the full amount of $ 2 3 4 . 0 Q¡as been paid in full, $4,00 per column i for each insertion, ;..Ûl Subscribed and sworn Jè,; ~j..1'!f& iliís- - ,19 tb day of .' ~ r ~-- r-.r- -,~ :-~ ,r c. ,,' November L_.¡Jß,~..:, --:- -~~,- ~< ¿'~~J k JdJÆ;;Q5?;¢ ¡/á~:¡;r L ~- 1JIofa'ry~ub¡¡£ in end .fór1:h.:$tale of Y.t.atli)ngtQ~, rMiclìn~_øf, ~I'IJownsend , - '- tv~ L -~._-_.~--.---- 12 'r-Ar~t 00 ~~ .. ,..~, :'3 '.. . ' t' ".', , ., ,.', ' ",t!Qr.;.d "~~' ~...~¡~W bm,; ;f~~:Yi~~~þø'~~,., Joh.. F. ,RayflWJn4, " :~Lš;~;~ Prasecuti ~"" "Í'-~t\t._-', ,", '¿'C i'¡::';~;,ø~__ bOø'f ":Ò' -'i~ )"i "," '-'< . ~~:~:",~~~rli.~..a ~,~~ Á~":'li&!ilh\#t,·;'~T··'-,,",,~~. " .. i.J:_ T2 ~ 1 . ~ .,"",A" . 1, ~J n--, '1" ,or>""',AI À.... '<JI '-t June 27, 1989 Olympia, Washington 98504 The keg registration law becomes effective July 1, 1989, and together with the Liquor Control Board's implementing regulations, requires liquor licen- sees who sell kegs to-go to complete and the purchaser of the keg(s) to sign a keg registration declaration and receipt form. The new law makes it mandatory for the seller to check identification and record the type and number. Before the keg leaves the possession of the seller, the seller must place a properly completed and signed keg registra- tion declaration and receipt form sticker on the keg (see sample form which will be affixed to the side of the keg near the top.) As can be seen, the registration sticker contains a variety of information. If you need to know which licensee sold the keg, just phone any Liquor Control Board enforcement office and give them the sticker number. This information is available from our computer system. I have attached copies of the new keg registration law, the Liquor Control Board's implementing regulations, and an informational letter sent to all licensees eligible to sell kegs. If you have questions, concerns or need additional information, please give me a call at (206) 586-3052 or SCAN 321-3052. Sincerely, (V-J~ ~ GARY W. GILBERT, Chief Washington State Liquor Enforcement GWG: dm: 1.8 Attachments ~~: ~ Vd.W r¥ir </ ~!8M+Þ¿ v \ - ------ -~---- Fill In blanlca - Peel oft sticker 8IICI place on Keg - Retain copy (llcenMe) KEG REGISTRATION DECLARATION AND RECEIPT A 018476 Name of Purchaser: Add.....· G CIty: ~t ZIp: I: ) C I __ under pIIIIIty of perfurJ: That I am 21 or older. I will not allow persons under 21 to consume % this beverage: I will not remove or obliterate the Registration Tag or allow its removal or obliteration. · Keg to be consumed at Date: · · I: I Address: .. City: ~t ZIp: Signature of Purchaser: ID shown I Type and Number: WASHINGTON STATE UQUOR CONT-ROL BOARD -- u_____ .__ ..__""_ __ U'__ __ LICENSEE / EMPLOYEE INSTRUCTION 1. Fill in the Keg Registration Declaration and Receipt with the information requested. Be sure the information is accurate. 2. Check LD. and list the type of 1.0. shown and number on the identification, i.e. Washington l Drivers License SAMPLDL555RT, List of acceptable 1.0. on back cover. 3. After you have filled out the keg registration form have the purchaser sign it 4. Peel the Keg Registr.ltion Declaration and Receipt from the book and place it on the side of the keg near the top. 5. You must retain the Keg Registration Declar.ltion and Receipt booklet for 1 year after use of the last sticker. The Keg Registration receipts shall be available for inspection by the Board and i or law eniorcemenl CALL YOUR AREA LIQUOR AGENT FOR ADDITIONAL KEG REGISTRATION BOOKLETS. ':U.C'8E "'CKf':' "~LJI,6E:' cOI,lP....P.y 1J·04113 --.-. -..-----.---------. ----.---- ... . ¡ J j I I.D. MUST SHOW AGE, SIGNATURE, AND PHOTOGRAPH OF PURCHASER AND MUST BE ONE OF THE FOLLOWING: L Dmer's License or Instruction Permit - any State or Province of Canada. 2. AdM Duty Military LD. (Green Only). 3. Men:bant Marine LD. Card. 4. Offiåal LD. Issued by Liquor Control Authority of any State or Province of Canada. 5. LD. Card offiáally issued by any State or Province of Canada. 6. Oftiåal Passport· any Nation. 7. Dmer's license with a "W" punched in it together with a valid temporary driver's license. - \ \ , Weekly Legislative Bulletin January 17, 1987 Page 6 , " \ '\ \ HAZARDOUS WASTE SUPERFUND TO BE INTRODUCED (WSAC) The bill creating a state superfund to clean up hazardous waste sr~ nearing introduction. Several drafting and negotiating sessions rema '. determine where the money to fund the clean up is to corne from if responsible party does not pay for the clean up. The counties and cit~ are projected to have $280 million dollars of clean up liability in tfi~ next 10 years for solid waste sites that are designated for clean up. It, is apparent at this point that if the county has or is operating and/or owns a landfill, the liability for clean up is with the county. Attempts are being made to explore various options to have the state assist in the funding of these clean-up efforts. The most talked about method is a low interest loan account set up along the lines of the Public Works Trust Account. The potential source for the state loan money is a household tax or some other surcharge to garbage collection bills. STATEWIDE 'KEGGER' LAW CONSIDERED (WSAC) The Senate Judiciary Committee was expected to approve an omnibus bill dealing with alcohol and drug abuse which includes a section adopting a statewide "kegger" law. A number of counties have passed local "kegger" ordinances, usually at the behest of local prosecutors and sheriffs, which register and identify those who purchase kegs of beer. Such ordinances are aimed at ending so- called "kegger parties" which involve numerous teenagers drinking beer from beer kegs and engaging in dangerous acti vi ties. The idea of the ordinances is to identify and prosecute, those adults who buy and furnish the kegs of beer to underage drinkers when beer kegs are confiscated. The trouble with such local ordinances is that those determined to provide kegs of beer to teenagers simply drive to a county where there is no such kegger ordinance to buy the beer. The massive drug and alcohol abuse bill being developed in the Senate makes registration of beer kegs through the Liquor Control Board a state law, and preempts local ordinances on' this subject, except those ordinances which are compatible with the state law and h3.ve less severe penalties. The kegger law has the support of law enforcement and prosecutor lObbyists. While it is usually offensive to have the Legislature preempt local ordi- nances, in this case the preemption tends to make the enforcement uniform and puts an end to the tactic of those purchasing beer kegs for illegal purposes travelling to jurisdictions without the ordinance. Furthermore, the expense of registering the kegs is borne by the state, not the coun- ties, yet local law enforcement personnel can use the state information to catch violators. The "kegger law" is one of the least controversial parts of the omnibus bill which includes the so-called "wiretap'¡ section which sponsors say will permit' pOlice to more readily use electronic devices in drug busts. That is being fiercely fought by the ACLU and some defense attorneys. The bill had no number at this writing.