City of Lacey, Washington Municipal Code Title 9, Chapter 9.40

LACEY MUNICIPAL CODE

A Codification of the General Ordinances of the City of Lacey, Washington

Title 9: PUBLIC PEACE, SAFETY AND MORALS

Chapter 9.40

MINORS

Sections:

9.40.010 Definitions

9.40.020 Minors frequenting off limits areas

9.40.030 Furnishing liquor to minors

9.40.040 Minors purchasing and possessing liquor

9.40.050 Cigarette and tobacco sales to minors

9.40.060 Contributing to delinquency

9.40.065 Unlawful harboring of a minor

9.40.070 Sale of de-icers to minors

9.40.080 Penalties

9.40.010 Definitions. The following definitions shall apply in this chapter:

A. "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

B. "Liquor" includes alcohol, spirits, wine and beer as such terms are defined in Revised Code of Washington 66.04.010, and all fermented, spirituous, vinous or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid, solid, semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, solid, semisolid or other substance which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.

C. "Minor" means any person under the age of twenty-one years unless otherwise specifically designated.

D. "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations, which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (Ord. 1076 §14, 1998; Ord. 499 §2 (part), 1978).

9.40.020 Minors frequenting off limits areas. Except as otherwise provided in Revised Code of Washington 66.44, it shall be a misdemeanor:

A. To serve a minor or allow a minor to remain in any area classified by the Washington State Liquor Control Board pursuant to Revised Code of Washington 66.44 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 class H 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. (Ord. 1076 §15, 1998; Ord. 499 §2 (part), 1978).

9.40.030 Furnishing liquor to minors. A person is guilty of a gross misdemeanor if he:

A. Sells, gives or otherwise supplies liquor to any minor; or

B. Permits a minor to consume liquor on his premises or on any premises under his control; or

C. 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 him, or holds out such minor to be over the age of twenty-one years of age or older to the owner or employee of the liquor establishment, a law enforcement officer, or liquor enforcement officer.

D. For purposes of Section 9.40.030.A and 9.40.030.B, “premises” includes real property, houses, buildings and other structures, and motor vehicles and watercraft.

Provided, however, that Sections 9.40.030.A and 9.40.030.B, shall not apply to liquor given or permitted to be given to a minor by his parent or guardian for beverage or medicinal purposes and consumed in the presence of a parent or guardian; or administered to him by his physician or dentist for medicinal purposes; or used in connection with a religious service and the amount consumed is the minimal amount necessary for the religious service. This provision shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under Revised Code of Washington Chapter 66.24. (Ord. 1335 §11, 2009; Ord. 1076 §16, 1998; Ord. 499 §2 (part), 1978).

9.40.040 Minors purchasing and possessing liquor. A person is guilty of a misdemeanor if he is a minor and he:

A. Purchases or attempts to purchase any liquor; or

B. Acquires, possesses or consumes any

1. liquor; or

2. is in a public place or in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. Exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either:

a. is in possession of or close proximity to a container that has or recently had liquor in it; or

b. by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor.

C. Provided, however, that Section 9.40.040.B shall not apply to liquor given or permitted to be given to a minor by his parent or guardian for beverage or medicinal purposes and consumed in the presence of a parent or guardian; or administered to him by his physician or dentist for medicinal purposes; or used in connection with a religious service and the amount consumed is the minimal amount necessary for the religious service.

D. Violation of Section 9.40.040.A is a misdemeanor. A fine not less than two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service. (Ord. 1335 §12, 2009; Ord. 1076 §17, 1998; Ord. 499 §2 (part), 1978).

9.40.050 Cigarette and tobacco sales to minors. A person is guilty of a misdemeanor if he sells, gives, furnishes or causes to be furnished any cigar, cigarette, cigarette papers or wrapper or tobacco in any form to any person under the age of eighteen years, or if he is under the age of eighteen years and possesses or smokes the same. (Ord. 499 §2 (part), 1978).

9.40.060 Contributing to delinquency.

A. In any case where a child under the age of eighteen years is dependent or delinquent as such terms are defined in Revised Code of Washington Chapter 13.04, any parent or parents, legal guardian or person having custody of such child, or any other person who, by any act or omission, encourages, causes or contributes to the dependency or delinquency of such child is guilty of a misdemeanor.

B. On conviction under this section, the court may suspend sentence and impose conditions as to conduct in the premises of any person so convicted, and make such suspension depend on the fulfillment by such person of the conditions imposed. As a condition of such suspension, the court may also require a bond in such sum as it may designate to secure the performance of the conditions imposed. (Ord. 499 §2 (part), 1978).

9.40.065 Unlawful harboring of a minor. A person commits the crime of unlawful harboring of a minor if:

A. The person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent’s permission, and if the person intentionally:

1. Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

2. Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

3. Obstructs a law enforcement officer from taking the minor into custody; or

4. Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

B. It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

C. Harboring a minor is punishable as a gross misdemeanor.

D. Any person who provides shelter to a child, absent from home, may notify the local community service office of the State Department of Social and Health Services of the child’s presence.

E. An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

1. Distribution of a controlled substance to a minor, as defined in Revised Code of Washington 69.50.406;

2. Promoting prostitution as defined in this chapter; and

3. Complicity of the adult in the crime of a minor, as defined in the Lacey Municipal Code Chapter 9.08. (Ord. 1076 §18, 1998).

9.40.070 Sale of de-icers to minors. A person is guilty of a misdemeanor if he sells, barters, gives or otherwise furnishes a minor any device or devices known by the name of “de-icer” or any other similar name, the same being used as a mechanical and/or chemical means of instantly chilling drinking glasses, such device or devices containing carbon dioxide or other gaseous substances for such purpose. (Ord. 499 §2 (part), 1978).

9.40.080 Penalties.

A. Every person guilty of a violation of Lacey Municipal Code 9.40.020 and 9.40.040 (B) is guilty of a misdemeanor.

B. Every person guilty of a violation of Lacey Municipal Code 9.40.030 and 9.40.040 (B) is guilty of a gross misdemeanor.

C. Every person guilty of violation of Lacey Municipal Code 9.40.020 through 9.40.040 for which no penalty has been specifically provided shall be liable, on conviction, for a first offense to a penalty of not more than $500, or to imprisonment for not more than two months, or both; for a second offense to imprisonment for not more than six months; and for a third or subsequent offense to imprisonment for not more than one year. 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 $5,000, and for a second or subsequent offense to the penalty of not more than $10,000, or to forfeiture of its corporate license, or both. (Ord. 1335 §13, 2009; Ord. 1001 §10, 1994).

City of Lacey, Washington, USA