HomeMy WebLinkAbout09/03/2013 05F Alcohol and Tobacco; Amending YMC Chapter 6.12 to Adopt Equivalent and/or Similar Revised Code of Washington Statutes(
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.�'
For Meeting of: 9/3/2013
ITEM TITLE: An Ordinance relating to Public Safety; amending the City of
Yakima Municipal Code, repealing sections in Chapter 6.12
for the purpose of adopting the equivalent and /or similar
Revised Code of Washington statutes; adopting Revised
Code of Washington statute relating to drinking in a public
conveyance and treating, gifting, purchasing of liquor for or
from a minor, or holding out a minor as at least twenty -one, in
a public place where liquor is sold; and changing the title of
Chapter 6.12.
SUBMITTED BY: Jeff Allen Schaap, Assistant City Attorney
SUMMARY EXPLANATION:
The City Municipal Code Chapter 6.12, Alcohol and Tobacco Violations, currently consists
primarily of City codes relating to alcohol and tobacco use, consumption, and sale regulations
with regard to time, place, and age classifications. Chapter 6.12 is made up entirely of City
codes. This Ordinance would repeal all of the.City codes and replace them with the equivalent
Revised Code of Washington statutes. Additionally, the Ordinance adopts Revised Code of
Washington statutes relating to drinking in a public conveyance and treating, gifting, purchasing
of liquor for or from a minor, or holding out a minor as at least twenty -one, in a public place
where liquor is sold. Adopting equivalent State statutes when available can be beneficial in that
case law provides guidance on issues of statutory interpretation and State statutes allow for the
use of standard pattern jury instructions. The use of State statutes in this instance will provide
greater certainty and uniformity. Lastly, this ordinance renames Chapter 6.12 "Offenses
Relating to Alcohol and Tobacco Violations."
Resolution:
Ordinance: X
Other (Specify):
Contract:
Contract Term:
Start Date:
End Date:
Item Budgeted: NA
Amount:
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
ATTACHMENTS:
Public Safety
Description Upload Date
F-1 Ordinance re Alcohol & Tobacco Violations- 812612013
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El Ordinance re Alcohol & Tobacco Violations-Final 812612013
2m
City Manager
Type
ORDINANCE NO. 2013-
AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal
Code, repealing sections in Chapter 6.12 for the purpose of
adopting the equivalent and /or similar Revised Code of
Washington statutes; adopting Revised Code of Washington
statute relating to drinking in a public conveyance and treating,
gifting, purchasing of liquor for or from a minor, or holding out a
minor as at least twenty -one, in a public place where liquor is sold;
and changing the title of Chapter 6.12.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Title of Chapter 6.12 of the Yakima Municipal Code is hereby amended
to read as follows:
" Offenses Relating to Alcohol and
Tobacco Violations."
Section 2. The following sections of Chapter 6.12 of the City of Yakima Municipal Code
are hereby repealed:
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Section 3. A new section, 6.12.015, of the City of Yakima Municipal Code is hereby
adopted to read as follows:
6.12.015 Statutes adopted — alcohol violations.
The followina Revised Code of Washinaton (RCW) sections. as currentl
enacted or as hereafter amended or recodified from time to time, are
herebv adopted by reference and shall be aiven the same force and effect
as if set forth herein in full
RCW 9.91.060 Leaving children unattended in parked vehicle.
RCW 66.04.010 Definitions.
RCW 66.28.230 Keg registration — Furnishing to minors — Penalties.
RCW 66.44. 100 Opening or consuming liquor in a public place —
Penalty.
RCW 66.44.180 General Penalties— Jurisdiction for violations
RCW 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
RCW 66.44.250
actions.
Drinking in public conveyance — Penalty against
RCW 66.44.270
individual— Restricted application
Furnishing liquor to minors — Possession, use -
Penalties— Exhibition of effects — Exceptions.
RCW 66.44.290
Minor purchasing or attempting to purchase
RCW 66.44.300
liquor — Penalty.
Treats, gifts, purchases of liquor for or from
minor, or holding out minor as at least twenty -
RCW 66.44.310
one, in public place where liquor sold.
Minors frequenting off - limits area —
Misrepresentation of age— Penalty— Classification
RCW 66.44.325
of licensees.
Unlawful transfer to minor of age identification.
Section 4. A new section, 6.12.016, of the City of Yakima Municipal Code is hereby
adopted to read as follows:
6.12.016 Statutes adopted— tobacco violations.
The following Revised Code of Washington (RCW) sections, as currently
enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW 26.28.080 Sellina or aivina tobacco to a minor — Belief of
representative capacity, no defense — Penalty.
RCW 70.155.010 Definitions.
RCW 70.155.080 Purchasing, possessing by persons under eighteen
— Civil infraction — Jurisdiction.
RCW 70.155.090 Age identification requirement.
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
12013.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
ORDINANCE NO. 2013-
AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal
Code, repealing sections in Chapter 6.12 for the purpose of
adopting the equivalent and /or similar Revised Code of
Washington statutes; adopting Revised Code of Washington
statute relating to drinking in a public conveyance and treating,
gifting, purchasing of liquor for or from a minor, or holding out a
minor as at least twenty -one, in a public place where liquor is sold;
and changing the title of Chapter 6.12.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Title of Chapter 6.12 of the Yakima Municipal Code is hereby amended
to read as follows:
"Offenses Relating to Alcohol and Tobacco Violations."
Section 2. The following sections of Chapter 6.12 of the City of Yakima Municipal Code
Section 3. A new section, 6.12.015, of the City of Yakima Municipal Code is hereby
adopted to read as follows:
6.12.015 Statutes adopted — alcohol violations.
The following Revised Code of Washington (RCW) sections, as currently
enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW 9.91.060
RCW 66.04.010
RCW 66.28.230
RCW 66.44. 100
RCW 66.44.180
Leaving children unattended in parked vehicle.
Definitions.
Keg registration— Furnishing to minors — Penalties
Opening or consuming liquor in a public place —
Penalty.
General Penalties— Jurisdiction for violations.
RCW 66.44.200 Sales to persons apparently under the influence of
Section 4. A new section, 6.12.016, of the City of Yakima Municipal Code is hereby
adopted to read as follows:
6.12.016 Statutes adopted— tobacco violations.
The following Revised Code of Washington (RCW) sections, as currently
enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW 26.28.080 Selling or giving tobacco to a minor — Belief of
representative capacity, no defense — Penalty.
RCW 70.155.010 Definitions.
RCW 70.155.080 Purchasing, possessing by persons under eighteen
— Civil infraction — Jurisdiction.
RCW 70.155.090 Age identification requirement.
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
12013.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor
liquor— Purchases or consumption by persons
apparently under the influence of liquor on licensed
premises — Penalty— Notice — Separation of
actions.
RCW 66.44.250
Drinking in public conveyance — Penalty against
individual— Restricted application
RCW 66.44.270
Furnishing liquor to minors — Possession, use -
Penalties— Exhibition of effects — Exceptions.
RCW 66.44.290
Minor purchasing or attempting to purchase
liquor — Penalty.
RCW 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.
RCW 66.44.310
Minors frequenting off - limits area —
Misrepresentation of age — Penalty— Classification
of licensees.
RCW 66.44.325
Unlawful transfer to minor of age identification.
Section 4. A new section, 6.12.016, of the City of Yakima Municipal Code is hereby
adopted to read as follows:
6.12.016 Statutes adopted— tobacco violations.
The following Revised Code of Washington (RCW) sections, as currently
enacted or as hereafter amended or recodified from time to time, are
hereby adopted by reference and shall be given the same force and effect
as if set forth herein in full:
RCW 26.28.080 Selling or giving tobacco to a minor — Belief of
representative capacity, no defense — Penalty.
RCW 70.155.010 Definitions.
RCW 70.155.080 Purchasing, possessing by persons under eighteen
— Civil infraction — Jurisdiction.
RCW 70.155.090 Age identification requirement.
Section 5. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
12013.
ATTEST:
City Clerk
Publication Date:
Effective Date:
Micah Cawley, Mayor