Loading...
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 Strikeout 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: Q 17 !119 I iGI 19r OR p ib4G o-- z-o-ro a 17 (17 () OVeF corvine o --z-�o R 1v 1-2.Q40 CirtShiRg 1i`v6inr tG miREWS Minnrc POSSeSS/GGRci imo 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