Ordinance 2313-98 - Laserfiche WebLink

01111114/ ORDINANCE NO. 2313-98 AN ORDINANCE relating to supplying of liquor to or the consumption of liquor by persons under the age of twenty-one, adding a new section to Everett Municipal Code Chapter 10.74, and repealing EMC 10.74.040 and 10.74.060. WHEREAS, the 1998 Washington State Legislature increased the penalties for supplying liquor to a minor and for the consumption of liquor by a minor: and WHEREAS, the City of Everett City Council deems it appropriate for the City Criminal Code to be consistent with state law in this area. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: A new section is hereby added to Everett Municipal Code Chapter 10.74, to read as follows: Furnishing Liquor to Minors-Possession, use -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. (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. (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) or(5) 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