HomeMy WebLinkAbout2557 OrdinanceORDINANCE NO. 2557
)r,
AN pRDINANCE relating to Intoxicating Liquor and Amending
Chapter 9.20 of the Pasco Municipal Code.
WHEREAS, all county and municipal police officers are
charged with the duty of investigating and prosecuting violations
of Title 66 RCW, relating to alcoholic beverage control; and
WHEREAS, the Pasco Municipal Court has criminal
jurisdiction over misdemeanor and gross misdemeanor offenses
committed within the City of Pasco; and
WHEREAS, it is necessary that local police power
ordinances relating to alcoholic beverage control not conflict
with the state statutes covering the subject of alcoholic
beverage control, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section One. Chapter 9.20 of the Pasco Municipal Code
which now reads as follows:
CHAPTER 9.20
INTOXICATING LIQUOR
Sections:
9.20.010 Police power involved.
9.20.020 Definitions.
9.20.030 State licenses required.
9.20.040 Possession of liquor without state seal
unlawful.
9.20.050 Drinking in motor vehicles or public
place.
9.20.060 Possession in opened container.
9.20.070 Exceptions.
9.20.080 Furnishing liquor to intoxicated persons
prohibited-Misdemeanor.
9.20.090 Furnishing liquor to minors prohibited -
Exceptions-Misdemeanor.
9.20.100 Application for liquor permit by minor
prohibited.
9.20.110 Purchases of liquor by minor prohibited.
9.20.120 State Liquor Law adopted-Penalty for
violations.
9.20.130
9.20.140
9.20.150
Purchase of liquor by minor-Penalty.
Association with drunkards for unlawful
purpose.
Consumption within park and recreation
facilities.
9.20.010 POLICE POWER INVOLVED. This chapter is
an exercise of the police power of the city to aid in
the enforcement of the State Liquor Laws for the
protection of the welfare, health, peace, morale and
safety of the people of the city, and all of its
provisions shall be liberally construed for the
accomplishment of that purpose. (Prior code Sec.
10-7.04).
9.20.020 DEFINITIONS. Definitions contained in
RCW 66.04 as amended and as hereafter amended are
adopted by reference and shall be applicable to this
chapter. (Prior code Sec. 10-7.08).
9.20.030 STATE LICENSES REQUIRED. It is unlawful
for any person to manufacture or sell liquor without
having first obtained a license as required by State
Liquor Laws, and any person doing any act required to be
licensed without having in force a license issued to him
under the provisions of the state law is guilty of a
violation of this chapter. (Prior code Sec. 10-7.12).
9.20.040 POSSESSION OF LIQUOR WITHOUT STATE SEAL
UNLAWFUL. No liquor shall be kept or had by any person
within the limits of the city unless the package in
which the liquor was contained had, while containing
that liquor, been sealed with the official seal
prescribed under the Washington State Liquor Laws,
except in the case of:
(1) Liquor imported by the State Liquor Control
Board; or
(2) Liquor manufactured in the state for sale to the
Liquor Control Board, or for export; or
(3) Beer purchased in accordance with the provisions
of Washington State Liquor Laws; or
(4) Wine, beer or liquor exempted under Washington
State Liquor Laws. (Prior code Sec. 10-7.16).
9.20.050 DRINKING IN MOTOR VEHICLES OR PUBLIC
PLACE. No person shall drink any alcoholic beverage or
intoxicating liquor in any motor vehicle when such
vehicle is upon any highway or other public place.
Except as permitted by the Washington State Liquor Laws,
no person shall consume intoxicating liquor in a public
place. As used in this chapter, "alcoholic beverage"
and "intoxicating liquor" shall have the same meanings
as in RCW Title 66. (Ord. 1781 Sec. 1, 1976: prior
code Sec. 10-7.20).
9.20.060 POSSESSION OF OPENED CONTAINER. No
person shall have in his physical possession on his
person, while in a motor vehicle upon a highway or other
public place, any bottle, can, or other receptacle
containing beverage or intoxicating liquor, which has
been opened, or a seal broken, or the contents of which
have been partially removed, and which has the cap, top,
cork or other form of lid off the container, or has been
punctured. (Ord. 1781 Sec. 2, 1976: prior code Sec.
10-7.28).
9.20.070 EXCEPTIONS. No person under the age of
twenty-one years shall knowingly possess, transport, or
have under his control in any motor vehicle any
alcoholic beverage or intoxicating liquor, unless such
person is accompanied by a parent or legal guardian or
is employed by a licensee under the authority of RCW
Title 66, and is possessing, transporting or has such
alcoholic beverage or intoxicating liquor in a motor
vehicle under his control during regular hours and in
the course of his employment. (Ord. 1781 Sec. 3, 1976:
prior code Sec. 10-7.32).
9.20.080 FURNISHING LIQUOR TO INTOXICATED PERSONS
PROHIBITED - MISDEMEANOR. No persons shall sell to or
give any liquor to any person apparently under the
influence of liquor. Any person who violates any of the
provisions of this section is guilty of a misdemeanor.
(Ord. 1781 Sec. 4, 1976: prior code Sec. 10-7.36).
9.20.090 FURNISHING LIQUOR TO MINORS PROHIBITED -
EXCEPTIONS - MISDEMEANOR. Except in the case of liquor
given or permitted to be given to a person under the age
of twenty-one by his parent or guardian for beverage or
medicinal purposes, or administered to him or her by his
or her physician or dentist for medicinal purposes, no
person shall 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.
Any person violating the provisions of this section is
guilty of a misdemeanor. (Ord. 1781 Sec. 5, 1976:
prior code Sec. 10-7.40).
9.20.100 APPLICATION FOR LIQUOR PERMIT BY MINOR
PROHIBITED. It is unlawful for any person under the age
of twenty-one years to make application for a permit to
buy liquor. (Ord. 1781 Sec. 6, 1976: prior code Sec.
10-7.44).
9.20.110 PURCHASES OF LIQUOR BY MINOR PROHIBITED.
It is unlawful for any person under the age of
twenty-one years to purchase, or attempt to purchase,
drink, consume or possess intoxicating liquor or
liquors, 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, and consumed in their
presence, for beverage or medicinal purposes, or
administered to him by his physician or dentist for
medicinal purposes only. (Ord. 1781 Sec. 7, 1976:
prior code Sec. 10-7.48).
9.20.120 STATE LIQUOR LAW ADOPTED - PENALTY FOR
VIOLATIONS. The Washington State Liquor Act is adopted
by reference together with any future amendments thereof
or additions thereto and any violation of the Washington
State Liquor Laws contained in the act, within the
limits of the city, is a violation of this chapter and
any persons violating any of the provisions of the State
Liquor Laws shall upon convicting thereof be fined not
more than three hundred dollars, or be confined in the
city jail for a term of not more than ninety days, or be
punished by both such fine and imprisonment. (Ord. 1781
Sec. 8, 1976: prior code Sec. 10-5.124).
9.20.130 PURCHASE OF LIQUOR BY MINOR - PENALTY.
Any person violating Section 9.20.110 or any provisions
thereof is guilty of an offense and upon conviction
thereof shall be punished by a fine not exceeding three
hundred dollars, or by imprisionment in the city jail
not exceeding thirty days, or by both such fine and
imprisonment. (Ord. 1781 Sec. 9, 1976: prior code Sec.
10-5.108).
9.20.140 ASSOCIATION WITH DRUNKARDS FOR UNLAWFUL
I
PURPOSE. It is unlawful for any person to associate
with any intoxicated person for the purpose of theft or
robbery from that intoxicated person or another person.
(Ord. 1781 Sec. 10, 1976).
9.20.150 CONSUMPTION WITHIN PARK AND RECREATION
FACILITIES. Upon the conditions hereafter specified, it
is lawful to open a package containing liquor, or to
possess or display an open container of liquor or to
consume liquor in those park and recreation buildings or
structures or other approved enclosed and restricted
areas as specified by resolution of the city council.
The persons using such premises for the purpose of
opening a package containing liquor, possessing or
displaying an open container of liquor and/or consuming
liquor must obtain a rental permit from the director of
parks and recreation of the city of Pasco or his
designee at the park and recreation offices. Such
rental permit shall be issued on the following
conditions:
(a) The applicant must produce evidence that he has
a banquet permit from the Washington State Liquor
Control Board;
(b) Payment of rent in an amount fifty percent
higher than the regular rental fee;
(c) The applicant deposits a sum of two hundred
fifty dollars to insure proper performance of cleanup by
the applicant subsequent to the event for which the
banquet and rental permit is issued and for payment of
damages;
(d) The applicant furnishes to the city evidence
that he has in full force and effect a liability
insurance policy that includes liquor liability, in an
amount of not less than three hundred thousand dollars
bodily injury coverage per person and one hundred
thousand dollars property damage coverage per incident,
covering any bodily injury or property damage arising
out of or in any way connected with the use of the city
facility by the applicant. A surety bond approved by
the city in the same amounts may substitute for
insurance;
(e) The applicant must affirm in writing that the
attendance at the function for which the rental permit
is issued is not pursuant to a general invitation to the
public, but pursuant to invitations to either
specifically named individuals or to actual members of
the applicant's organization; provided that the city
council may waive this requirement by resolution upon a
showing by the applicant that special circumstances
exist which would merit such waiver, and that adequate
provisions have been made to accommodate the anticipated
number of persons who attend the function for which the
rental permit is issued;
(f) The applicant agrees that he or she will save
the city of Pasco harmless from all losses or damage
occasioned to him or her or to any third person or party
by reason of any act or omissions of the applicant or
anyone using the premises pursuant to the rental permit.
He or she shall, after reasonable notice thereof, pay
the expense of any suit which may be commenced against
the city of Pasco by any third person alleging injury or
loss by reason of such acts;
(g) The applicant shall furnish written confirmation
from the chief of police of the city of Pasco that
adequate provision has been made by the applicant for
police, security, and traffic control, considering the
type of activity purposed by the applicant;
(h) The applicant shall comply with all applicable
fire codes and regulations. (Ord. 2333 Sec. 1, 1982).
is now amended to read as follows:
CHAPTER 9.20
INTOXICATING LIQUOR
Sections:
9.20.010 State Alcoholic Beverage Control Law Adopted -
Penalty for Violations
9.20.020 Consumption within park and recreation facilities
9.20.010 STATE ALCOHOLIC BEVERAGE CONTROL LAW ADOPTED -
PENALTY FOR VIOLATIONS. Title 66 RCW, relating to alcoholic
beverage control as amended, shall to the extent that its
provisions are applicable to the police power of the city of
Pasco, be the law of the city of Pasco. Every person who
violates any provisions of Title 66 RCW and by reference thereof,
of this title, shall be guilty of a violation of this chapter,
and the penalties for such violations as set forth in Title 66
RCW, including but not limited to RCW 66.44.180, shall be the
penalties for a violation of this chapter, not withstanding any
t
other provision of Pasco Municipal Code.
9.20.020 CONSUMPTION WITHIN PARK AND RECREATION FACILITIES.
Upon the conditions hereafter specified, it is lawful to open a
package containing liquor, or to possess or display an open
container of liquor or to consume liquor in those park and
recreation buildings or structures or other approved enclosed and
restricted areas as specified by resolution of the city council.
The persons using such premises for the purpose of opening a
package containing liquor, possessing or displaying an open
container of liquor and/or consuming liquor must obtain a rental
permit from the director of parks and recreation of the city of
Pasco or his designee at the park and recreation offices. Such
rental permit shall be issued on the following conditions:
(a) The applicant must produce evidence that he has a banquet
permit from the Washington State Liquor Control Board;
(b) Payment of rent in an amount fifty percent higher than
the regular rental fee;
(c) The applicant deposits a sum of two hundred fifty dollars
to insure proper performance of cleanup by the applicant
subsequent to the event for which the banquet and rental permit
is issued and for payment of damages;
(d) The applicant furnishes to the city evidence that he has
in full force and effect a liability insurance policy that
includes liquor liability, in an amount of not less than three
hundred thousand dollars bodily injury coverage per person and
one hundred thousand dollars property damage coverage per
incident, covering any bodily injury or property damage arising
out of or in any way connected with the use of the city facility
by the applicant. A surety bond approved by the city in the same
amounts may substitute for insurance;
(e) The applicant must affirm in writing that the attendance
at the function for which the rental permit is issued is not
pursuant to a general invitation to the public, but pursuant to
invitations to either specifically named individuals or to actual
members of the applicant's organization; provided that the city
council may waive this requirement by resolution upon a showing
by the applicant that special circumstances exist which would
merit such waiver, and that adequate provisions have been made to
accommodate the anticipated number of persons who attend the
function for which the rental permit is issued;
(f) The applicant agrees that he or she will save the city of
Pasco harmless from all losses or damage occasioned to him or her
or to any third person or party by reason of any act or omissions
of the applicant or anyone using the premises pursuant to the
rental permit. He or she shall, after reasonable notice thereof,
pay the expense of any suit which may be commenced against the
PASSED this / day of
approved by the Mayor.
1985 and
4101111
ALP; .41111MAL:gt_d
oe—W. Ja of so Mayor
ATTEST:
flO
Greg A.
/ 4
ubstello, City A torney
city of Pasco by any third person alleging injury or loss by
reason of such acts;
(g) The applicant shall furnish written confirmation from the
chief of police of the city of Pasco that adequate provision has
been made by the applicant for police, security, and traffic
control, considering the type of activity purposed by the
applicant;
(h) The applicant shall comply with all applicable fire codes
and regulations. (Ord. 2333 Sec. 1, 1982).
Section Two. This ordinance shall take effect five (5)
days after passage and publication ac e ding to law.
/Evn ells, City Clerk
APPROVED AS TO FORM:
AFFIDAVIT OF PUBLICATION
COUNTY OF Benton
)ss
STATE OF WASHINGTON
JoEllen Ward , being first duly sworn on oath deposes
and says ahe is theprincipal clerkof the Tri City Herald,
a daily newspaper That said newspaper is a legal newspaper and has been approved as a
legal newspaper by order of the superior court in the county in which it is published and it
is now and has been for more than six months prior to the date of the publication here-
inafter referred to, published in the English language continually as a daily newspaper in
Benton County,
Washington, and is now and during all of said time was printed in an office maintained at
the aforesaid place of publication of said newspaper That the annexed is a true copy of a
legal ad "Ord #2557"
as it was printed in the regular and entire issue of the /Tri City Herald itself and not in a
supplement thereof, for a period of mei .1, Times, commencing
on the 5th day of July , 19 85 , and
ending on the 5th day of July , 1985 and that said
newspaper was regularly disArputed to its subscribers during all of this period
That the Total amount is $ LP 25
55
inches @ $7 . 35= $404. 25
No ry Public in and for the State of Washington, residing at Pasco
11th Subscribed and sworn to before me this day of July ,19 85
cs,osar-e.
ORDINANCE NO 2557
AN ORDINANCE relat-
ing to Intoxicating Liquor
and Amending Chapter
9 20 of the Pasco Municipal
Code
WHEREAS all county
and municipal police offi-
cers are charged with the
duty of investigation and
prosecuting violations of
Title 66 RCW relating to al-
coholic beverage control
and
WHEREAS, the Pasco
Municipal Court has crimi-
nal jurisdiction over misde-
meanor and gross
misdemeanor offenses
committed within the City of
Pasco and
WH;REAS, it is nec-
essarV , that local police
power ordinances relating
to alcoholic beverage con-
trol not conflict with the
state statutes covering the
subject of alcoholic bever-
age control, NOW THERE-
FORE
THE CITY COUNCIL OF
THE CITY OF PASCO
WASHINGTON DO OR-
DAIN AS FOLLOWS
Section One Chapter
9 20 of the Pasco Municipal
Code which now reads as
follows
CHAPTER 9 29
INTOXICATING LIQUOR
Sections
9 20 010 Police power in-
volved 9 20 020 Defi-
nitions 9 20 030 State
licenses required 9 20 040
Possession of liquor with-
out state seal unlawful
9 20 050 Drinking in motor
vehicles or public place
9 20 060 Possession in
opened container 9 20 070
Exceptions 9 20 080 Fur
nishing liquor to intoxicated
persons prohibited-Misde-
meanor 9 20 090 Furnish-
ing liquor to minors
prohibited Exceptions-
Misdemeanor 9 20 100 Ap-
plication for liquor permit by
minor prohibited 9 20 110
Purchases of liquor by
minor prohibited 9 20 120
State Liquor Law adopted
Penalty for violations
9 20 130 Purchase of liquor
by minor-Penalty 9 20 140
Association with drunkards
for unlawful purpose
9 20 150 Consumption
within park and recreation
facilities
9 20 010 POLICE
POWER INVOLVED This
chapter is an exercise of
the police power of the city ,
to aid in the enforcement of
the State Liquor Laws for
the protection of the wel-
fare, health peace morale
and safety of the people of
the city and all of its provi-
sions shall be liberally con-
struedfor the
accomplishment of that
purpose (Prior code Sec
10-7 04)
9 20 020 DEFINITIONS I
-1Definitions containeo in
1RCW 68 04 as amended
and as hereafter amended
are adopted by reference
and shall be applicable to
this chapter (Prior code
Sec 10 7 08)
9 20 030 STATE LI-
CENSES REQUIRED It is
t unlawful for any person to
'manufacture or sell liquor
without having first ob
tamed a license as required
by State Liquor Laws and
any person doing any act
required to be licensed
without having in force a li-
cense issued to him under
the provisions of the state
law is guilty of a violation of
this chapter (Prior code
Sec 10 7 12)
9 20 040 POSSESSION
OF LIQUOR WITHOUT
STATE SEAL UNLAWFUL
No liquor shall be kept or
had by any person within
the limits of the city unless
the package in which the li-
quor was contained has
while containing that liquor,
been sealed with the official
seal prescribed under the
Washington State Liquor
Laws except in the case of
(1) Liquor imported by
the State Liquor Control
Board or
(2) Liquor manufactured
in the state for sale to the
Liquor Control Board, or for
export Or
(3) Beer purchased in
accordance with the provi-,
sions of Washington State(
Liquor Laws or
(4) Wine beer or liquor
exempted under Washing-
ton State Liquor Laws
(Prior code Sec 10-7 16)
9 20 050 DRINKING IN
MOTOR VEHICLES OR
PUBLIC PLACE No person
shall drink any alcoholic
beverage or intoxicating li-
quor in any motor vehicle
when such vehicle is upon
any highway or other public
place Except as permitted
by the Washington State Li-
quor Laws no person shall
consume intoxicating liquor
in a public place As used in
this chapter alcoholic bey
erage , and intoxicating ii-
quor shall have the same
meanings as in RCW Title
( 66 (Ord 1781 Sec 1
1976 prior code Sec 10-
9 -20 060 POSSESSION1
OF OPENED CONTAINER
No person shall have in his
physical possession on his
person while in a motor ve-
hicle upon a highway or
other public place any bot
tie can, or other receptacle
containing beverage or in-
toxicating liquor which has
been opened or a seal bro
ken or the contents of
which have been partially
removed and which has
the cap top cork or other
form of lid off the container
or has been punctured
(Ord 1781 Sec 2 1976 '
prior code Sec 10-7 28)
9 20 070 EXCEPTIONS
No person under the age of
twenty-one years shall kno-
wingly Possess transport
or have under his control in
any motor vehicle any alco-
holic beverage or intoxicat-
ing liquor unless such
person ii, accompanied by 1
a parent or legal guardian
or is employed by a li-
censee under the authority
of RCW Title 66 and is pos-
sessing transporting or
has such alcoholic bever
age or intoxicating liquor in ,
a motor vehicle under his
control during regular
hours and in the course of
his employment (Ord 1781
Sec 3 1976 prior code
Sec 10-732)
9 20 080 FURNISHING,
LIQUOR TO INTOXI
CATED PERSONS PRO-
HIBITED - EXCEPTIONS -
MISDEMEANOR Except in
the case of liquor given or
permitted to be given to a
person under the age of tw-
nety-one, by his parent or
guardian for beverage or
medicinal purposes or ad-
ministered to him or her by
his or her physician or den-
tist for medicinal purposes
no person shall give or
otherwise supply liquor to
any person under the age
of twenty-one years or per-
mit any person under that
ape to consume liquor on
his or her premises or on
any premises under his or
her control Any person vio-
lating the provisions of this
section is guilty of a misde-
meanor (Ord 1781 Sec 5
1976 prior code Sec 10-
7 40)
9 20 100 APPLICATION
FOR LIQUOR PERMIT BY
MINOR PROHIBITED if is
unlawful for any person
under the age of twenty-
one years to make applica-
tion for a permit to buy li-
quor (Ord 1781 Sec 6
1976 pnor code Sec 10
7 44)
9 20 110 PURCHASES
OF LIQUOR BY MINOR
PROHIBITED It is unlawful
for any person under the
age of twenty-one years to I
purchase or attempt to pur
chase drink consume or
possess intoxicating liquor
or liquors except in the
case of liquor given or per
mined to be given to a per
son under the age of
twenty-one years by his
parent or guardian and
consumed in their pres-
ence for beverage or me-
dicinal purposes or
administered to him by his
physician or dentist for me-
dicinal purposes only
(Ord 1781 Sec 7 1976
prior code Sec 10-7 48)
9 20 120 STATE LI-
QUOR LAW ADOPTED -
PENALTY FOR VIOLA-
TIONS The Washington
State Liquor Act is adopted
by reference together with
any future amendments
thereof or additions thereto
and any violation of the
Washington State Liquor
Laws contained in the act
within the limits of the city
is a violation of this chapter
and any persons violating
any of the provisions of the
State Liquor Laws shall
upon convicting thereof be
fined not more than three
hundred dollars or be con
fined in the city jail for a
term of not more than
ninety days or be punished
by both such fine and im-
prisonment (Ord 1781
Sec 8 1976 prior code
Sec 10-5 124)
9 20 -tact -PURCHASE
OF LIQUOR BY MINOR -
PENALTY Any person vio-
lating Section 9 20 110 or
any provisions thereof is
guilty of an offense and
upon conviction thereof
shall be punished by a fine
not exceeding three hun-
dred dollars or by impris-
onment in the city jail not
exceeding thirty days or by
both such fine and impris-
onment (Ord 1781 Sec 9
1976 prior code Sec 10-
5 108)
9 20 140 ASSOCIATION
WITH DRUNKARDS FOR
UNLAWFUL PURPOSE It
is unlawful for any person
to associate with any intoxi-
cated person for the pur
pose of theft or robbery
from that intoxicated per-
son or another person
(Ord 1781 Sec 10 1976)
9 20 150 CONSUMP-
TION WITH PARK AND
RECREATION FACILI-
TIES Upon the conditions
hereafter specified it is
lawful to pen a package
containing liquor or to pos-
sess or display an open
container of liquor or to
consume liquor in those
park and recreation build-
ings or structures or other
approved enclosed and re-
stricted areas as specified
by resolution of the city
council The persons using
such premises for the pur
pose of opening a package
containine liquor posses-
sing or displaying an open
container of liquor and/or
consurnmg liquor must ob-
lain a rental permit from the '
director of parks and recre-
ation of the city of Pasco or
his designee at the park
and recreation office Such
rental permit shall be is-
sued on the following con-
ditions
(a) The applicant must
produce evidence that he
has a banquet permit from
the Washington State Li-
quor Control Board
(b) Payment of rent in an
amount fifty percent higher
than egi regular rentai tee -
(c) The applicant depos-
its a sum of two hundred
fifty dollars to insure proper
performance of cleanup by
the applicant subsequent to
the event for which the ban-
quet and rental permit is is-
sued and for payment of
damages
(d) The applicant fur-,
noshes to the city evidtteee D
that he has in full force anal
effect a liability insu 3
policy that includes howl r
liability in an amount efooft t
less than three huarratKI,
thousand dollars bodiltilann
jury or property dams,
among out of or in any r
connected with the useke
the city facility by the appli-
cant A surety bond 'amp-
proved by the city In itithe
same amounts may sut n biti
tute for insurance
(e) The applicant muutst
affirm in writing that the atm-
tendance at the function foor
which the rental permit 'I is
issued is not pursuant to a
general invitation to thhe
public but pursuant to invvi-
tations to either specIficaNy
named individuals or to ac").1
tual members of the appli 6.
cant s organization t
provided that the city coun
col may waive this requirer ,
ment by resolution upon a
showing by the applicant ,___
that special circumstances
exist which would merit
such waiver and that ad
equate provisions have
been made to accommo
date the anticipated num
bar of persons who attend
the function for which the
rental permit is issued
(f) The applicant agrees
that he or she will save the
city of Pasco harmless from
all losses or damage occa-
sioned to him or her or to
any third person or party by
reason of any act or omis-
sions of the applicant or
anyone using the premises
pursuant to the rental per
mit He or shee shall after
reasonable notice thereof
pay the expense of any suit
which may be commenced
against the city of Pasco by
any third person alleging in-
jury or loss by reason of
such acts
(g) The applicant shall
furnish written confirmation
from the chief of police of
the city of Pasco that ad
equate provision has been
made by the applicant for,
police security and traffic
control considering the
type of activity purposed by
the applicant
(h) The applicant shall
comply with all applicable
fire codes and regulations
(Ord 2333 Sec 1 1982)
is now amended to read
as follows
CHAPTER 9 20
INTOXICATING LIQUOR
Sections
9 20 010 State Alcholic
Beverage Control Law
Adopted - Penalty for Viola-1
bons
9 20 020 Consumption
within park and recreation
facilities
9 20 010 STATE ALCO-
HOLIC BEVERAGE CON
TROL LAW ADOPTED -
PENALTY FOR VIOLA
TIONS Title 66 RCW relat-
ing to alcoholic beverage
control as amended shall
to the extent that its provt
:mons are applicable to the
police power of the city of
Pasco be the law of the city
of Pasco Every person who
violates any provisions of
Title 66 RCW and by refer
ence thereof of this title
shall be guilty of a violation
of this chapter and the pa
nalties for such violations
as set forth in Title 66 RCW
Including but not limited to
RCW 66 44 180 shall be
the penalties for a violation
of this chapter not with
standing any other provi-
sion of Pasco Municipal
Code
9 20 020 CONSUMP
TION WITHIN PARK AND
RECREATION FACILI-
TIES Upon the conditions
hereafter specified It is
lawful to open a package
containing liquor or to pos-
sess or display an open
o n mn ear
liq u or
loi qt u oi or tohr st eo
park and recreation build-'"
ings or structures or other
approved enclosed and re-
stricted areas as specified
by resolution of the city
council The persons using
such premises for the pur-
' pose of opening a package
containing liquor posses-
sing or displaying an open
container of liquor and/or
'consuming liquor must ob-
tam a rental permit from the
director of parks and recre-
ation of the city of Pasco or
his designee at the park
and recreation offices ,
Such rental permit shall be
issued on the following con,
ditions
(a) The applicant must
produce evidence that he
has a banquet permit from
the Washington State Li-
quor Control Board
(b) Payment of rent in an
amount fifty percent higher
than the regular rental fee
(c) The applicant depos
its a sum of two hundred
fifty dollars to insure proper,
performance of cleanup by,
the applicant subsequent to
the event for which the ban
quet and rental permit is Is-
sued and for payment of,
damages
(d) -The applicant fur-'
nishes to the city evidence
that he has in full force and
effect a liability inserarice;
policy that includes liquor
liability in an amount of not
less than three hundred,
thousand dollars bodily in
jury coverage per person,
and one hundred thousand1
dollars property damage
coverage per incident coy
enng any bodily injury or
property damage arising
out of or in any way con 1
nected with the use of the
city facility by the applicant
A surety bond approved by
the city in the same j
, amounts may substitute for
Insurance
1 (e) The applicant must
affirm in writing that the at-
tendance at the function for
which the rental permit is
Issued is not pursuant to a
general invitation to the
public but pursuant to invi
tations to either specifically
named individuals or to ac-
tual members of the ape!'
cant s organization
provided that the city coun
cil may waive this require
ment by resolution upon a
showing by the applicant
that special circumstances
exist which would merit
such waiver and that ad
equate provisions have
been made to accommo
date the anticipated hum
bar of persons who attend
the function for which 4 the
rental permit is issued
(f) The applicant agrees
that he or she will save the
city of Pasco harmless from
all losses or damage occa
sioned to him or her or to
any third person or party by
reason of any act or omis-
sions of the rental permit
He or she shall after reti-
sonable notice thereof pay
the expense of any suit
which may be commenced
against the city of Pasco by
any third person alleging in
Jury or loss by reason 01
such acts
(9) The applicant shall
furnish written confirmation
from the chief of police of
the city of Pasco that ad
equate provision has been
made by the applicant for
police secunty and traffic
control considering the'
type of activity purposed by
the applicant
(h) The applicnt shall
comply with all applicable
fire codes and regulations
(Ord 2333 Sec 1 1982) '
Section Two This ordi-
nance shall take effect five
(5) days after passage and
publication according to
PASSED this 1st day of
July 1985 and approved by
the Mayor
-s-Joe W Jackson
Mayor
ATTEST
-s-Evelyn Wells,
City Clerk
APPROVED AS TO FORM
-s-Greg A Rubstelio
City Attorney
Legal No 19343
July 5, 1985
FINANCE DEPARTMENT
15091 545-3401
Sean 726-3401
CITY
of
PO BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301
July 2, 1985
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Attn- Rochelle
Dear Rochelle:
Please publish the attached Ordinances on the following
date:
July 5, 1985
Please send two (2) Affidavits of Publication for each.
Sinc rely ours,
velyn Wells
City Clerk
ew