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HomeMy WebLinkAbout0445 OrdinanceORDINANCE N0. AN ORDINANCE RELATING TO INTOXICATING LIQUORS, PROVIDING FOR THE CONTROL AND REGULATION THEREOF, DEFINING CRIMES AND PROVIDING PENALTIES THEREFOR, AND DECLARING AN EMERGENCY. The City Council of the City of Pasco do Ordain as Follows; SECTION 1. This ordinance shall be deemed an exercise of the police power of the City of Pasco to aid in the enforcement of the Washington State Liquor Act for the protection. of the welfare, health, Peace, morals and safety of the people of the City of Pasco, and all of its provisions shall be liberally construed for the accomplishment of that purpose. SECTION 2. Definitions contained in. Section 3 of the Washington State Liquor Act shall be applicable to this Ordinance. SECTION 3. It shall be unlawful for any person to manufacture or sell liquor without having first obtained a license as provided by Sec- tion 23 of the Washington State Liquor Act, and. any person doing any act required to be licensed under said Washington State Liquor Act imithout having in. force a license issued to him under the previsions of said Act, shall be guilty of a violation of tris Ordinance. SECTION 4. (1) No liquor shall be kept or had by any person within the limits of the City of Pasco unless the package in which the liquor was contained had while containing that liquor been sealed with the official seal prescribed under tha Washington State Liquor Act, ex- cept in the case of; (a) Liquor imported by the State Liquor Control Board, or (b) liquor manufactured in the State for sale to the Liquor Control Board, or for export, or (c) beer purchased in accordance with the provisions of the tashington State Liquor Act, or (d) wine, beer or liquor exempted in Section 32 of the T.'ashington State Liquor Act. SECTION 5. Except as permitted by the Washington State Liquor Act, no person shall open a package containing liquor or consume liquor in a public place. Every pe rsbn who violates any provision of this Section shall be guilty or a misdemeanor and on conviction thereof shall pay a fine of not ii -ore than Ter. Dollars. SECTION 6. No person who is intoxicated shall be or remain in any public place, and every person ,r4ho violates any provisions of the section shall be liable, on conviction for a first cffense to a penalty of not more than Ten Dollars ($10.00); for a second offense to a penal- ty of not more than Twenty-five Dollars ($25.00); and for a third of- fense, to ia:prisonment for not more than thirty days (30), with or ti: itnout nard labor, T; ithout the option of a fine. SECTION 7. No person,shall sell or give any liquor to any person apparently under the influence of liquor. SECTION 8. 1. Except in the case of liquor given or permitted to be given to a person under the age of twenty-one years by his parent or guardian for bevy rage or medicinal purposes, or adm in i ste rid to him by his physician or dentist fcr medicinal purroses, no person shall give, or otherwise surrly liquor to any persor, unrier the age of twenty- one years, or parmit any parson under that age to consume liquor on his premises or on any pramis?s unryer his control. 2. Every parson under the age of twenty -ons years -2 - who makes application for a permit shall be guilty of an offense against this ordinance. SECTION 9. Any violation of the 'Washington. State Liquor Act within the limits of the City of Pasco shall be a violation. of this ordinance and any person so violating any of the provisions of' the Washington tate Liquor Act for wnich no penalty has been hereinbefore specifically ` provided, shall upon conviction thereof be fined not more than $100.00, or be imprisoned in the City Jail for not more than thirty (30) days, or both such fine and imprisonment. SECTION 10. This ordinance is necessary for th? immediate prese-p- vation of the public peace, health and, safety and shall be in effect five (5) days after its passage and publication. Passed and approved this Attest: r City erk Approved as to Form: C i-ty Attorne I hereby certify that the above and .foresoing is a true and correct cony .of the original ordinance Gs p€ s,.,ed and pv,blisned and is now on file in ray o: Tice. d9.h Perry CITY CLANK