Ord 99-362
ORDINANCE NO. 99-362
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASIDNGTON, REPEALING FEDERAL
WAY CRIMINAL CODE SECTION 6-37 AND ADOPTING BY
REFERENCE RCW 66.44.270 FURNISHING LIQUOR TO
MINORS--POSSESSION, USE-PENALTIES-EXHIBITION
OF EFFECTS--EXCEPTIONS; AMENDING FEDERAL WAY
CRIMINAL CODE SECTION 6-86-MANDATORY
PENALTIES INVOLVED; AMENDING FEDERAL WAY
CRIMINAL CODE SECTION 6-87-MANDATORY
PENALTIES INVOLVED. (AMENDS ORDINANCE NO. 91-
89).
WHEREAS, the City of Federal currently criminalizes furnishing, providing and
possession of liquor by individuals under the age of 21; and
WHEREAS, the provisions the city code no longer satisfactorily accomplish this end
due to the Washington State Supreme Court ruling in State v. Hornaday, 105 Wash.2d 120 (1986);
and
WHEREAS, the state legislature has amended RCW 66.44.270 to properly reflect the
Washington State Supreme Court ruling in Hornadav:
!
WHEREAS, the City of Federal Way currently criminalizes the possession of
marijuana, but does not impose a mandatory penalty for this crime; and
WHEREAS, the Revised Code of Washington 69.50.425 imposes a mandatory
penalty of24 consecutive hours in jail and a $250.00 fine for a first offense, and on a subsequent
offense the mandatory jail time remains 24 consecutive hours but the fine increases to $500.00; and
ORD # 99-362
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WHEREAS, the City of Federal Way currently criminalizes the possession of items
commonly known as Drug Paraphernalia, but does not impose a mandatory penalty for this crime;
and
WHEREAS, the Reyised Code of Washington 69.50.425 imposes a mandatory
penalty of24 consecutive hours in jail and a $250.00 fine for a first offense, and on a subsequent
offense the mandatory jail time remains 24 consecutive hours, but the fine increases to $500.00;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Amendment - Possession or ConsumDtion of Liquor by Minors.
A. Repeal. Ord. No. 91-89, § 1(9.04.020), 3-5-91, Federal Way Criminal
Code Section 6-37 is hereby repealed:
Scdi6n I> 37. Fulnishing liqU61 16 pClS6ns undclagc, p6ssusi6n, USC.
(II) It is tlcla..-ful fOrlID)6fiC ooclertht: age 6f21 ) eMS 16 aeqtlÍr<: 61 ha.e ihms 6rhel
p6ssessiðll. 6r e6fiStlflle 1111) liql1ðr.
(b) It is tlcla..-ful för !IlIj one to sell, gi. e Ðr othel'\/ise Stlppl) liquor 16 !IIi) persem
unclel tht: age of 21 ) eMS, ðr pennit 1111) persðn tlnàe:r thftt age 16 eðfiStlme liqtlor ðn
his 61 her premises ðr 6ft an) fJlemises ooðel his ðr her eðn!f61.
(e) This scctiðfi shall not III'J'I) ..hen liquor is gi.en ðr pel"lftittcð 16 be gi.en t6 II
pers6n ulI.tkr the age 6f21 )ellfS b) his 6r her parent Ðr gtl81'tiian and e6nsl:llned in.
the presence ðf the I'arel!t Ðr guftlàians. This sttbseetiðn shall not authðri:z:e
ORD # 99-362
, PAGE 2
eðnstm1l'ti6n ðr l'o3s<:ssi6n 6f Iiqtl6l b) a pel'3ðn under the age 6f 21 ) eMJ 6n lilt')
I'remise3 licensed !tIlder RCW eh. 66.24.
(d) This seet:iðn aðeSll6t Itppl) t6liqtl6r gi.en for medieinlllptli"l"o3es tð a l'erSð/i
tmder tit<: age of 21 ) eMS by a I'lII'ent, gttftrðilll\., Ph:> sieilll\. ðl aerHtst.
(c) Thh section aðes n6t fll'l'ly t6liqu6r gi,en t6 a person _aer the age 6f21 )elll'S
.,hen stich lilltlðr is being usea in cemnceti6n .,ith religiðus senieesllfla the lIft!ð1:lflt
eoftJtllneà is the minimal amðlJllt nee:esslll) for the rdigiðUs sel'\ iee.
(f) '¡iðlation of this seetion is a mhaemelll\.or.
(Ora. N6. 91 89, § 1(9.04.020), J 5 91)
B. Adoption. RCW 66.44.270, a copy of which is attached hereto as Exhibit
"A" and incorporated herein by this reference, including all future amendments, additions
or deletions, is hereby adopted by reference as Federal Way Criminal Code Section 6-37.
Section 2. Amendment - Possession of Marijuana. The City Council hereby
amends Ordinance No. 91-89, § 1(9.14.010),3-5-91, as follows:
Section. 6-86. Statutes adopted.
The following state statutes, including all future am$ldments, additions or deletions,
are adopted by reference:
(1)
RCW 69.50.101, Definitions.
(2)
RCW 69.50.204(d)(I3), Schedule I--Marijuana.
(3)
RCW 69.50.309, Containers.
~4)
RCW 69.50.401 (e), Prohibited acts: A--Penalties.
ORD # 99-362
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(5)
RCW 69.50.412, Prohibited acts: E-"Penalties.
(6)
RCW 69.50.505, Seizure and forfeiture.
(7)
RCW 69.50.506, Burden of proof.
(8)
RCW 69.50.509, Search and seizure of controlled substances.
ill
RCW 69.50.425. Misdemeanor violations-Minimum imprisonment
Section). Amendment-PossessionofDrugParaDhernalia. The City Council
hereby amends Ordinance No. 91-89, § 1(9.14.020),3-5-91, as follows:
Sec. 6-87. Drug paraphernalia-Possession prohibited.
No person shall possess any drug paraphernalia as defined in section 6-88.
Possession of drug paraphernalia is a misdemeanor. An individual's first
offense of this section is Dunishable bv a mandatory Denalty of 24
consecutive hours in jail and imposition of a $250.00 fine. Anv subsequent
offenses shall be Dunishable bv a mandatory Denalty of24 consecutive hours
in jail and a $500.00 fine. These fines shall be in addition to anv other fine
or Denalty imposed.
Section 4. Severability. The provisions of this ordinance are declared separate and
seyerable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
ORD # 99-362
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Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided bylaw.
PASSED by the City Council of the City of Federal Way this
21st
day of
December
,19ft.
CITY OF FEDERAL WAY
/((~
MA YÓR, RON G TZ
<¿jT
/~~
CIT CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ LONDI K. L~ELL
FILED WITH THE CITY CLERK: 11/30/99
PASSED BY THE CITY COUNCIL: 12/21/99
PUBLISHED: 12/25/99
EFFECTIVE DATE: 12/30/99
ORDINANCE NO. 99-362
K:\CRIMINAL IAMENDlo,d91-89.wpd
ORD # 99-362
,PAGE 5
WA S1'66.44.270
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http://wcb2. wcsUaw.comlsbarodltcxt. w\1RcC~rviCC-Flßd&RS-WL W2.08& VR -2.0&11-1
West's RCW A 66.44.270
EXHIBIT "A"
WEST'S REVISED CODE OF W ASIßNGTON ANNOTATED
. TITLE 66. ALCOHOLIC BEVERAGE CONTROL
CHAPTER 66.44. ENFORCEMENT-PENALTIES
Copr. iO West Group 1999. All righls reserved.
CulTent through End of 1999 Sp. Sess,. .
"" ,.
66.44.270. Furnishing liquor to minors--Possession use--Penalties- Exhibition of effects--Exceptions
(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of
twenty-one years or pennit any person under that age to consume liquor on his or her premises or on any
premises under his or her control. För the purposes of this subsection, "premises" includes real property,
houses, buildings, and other structures, and motor vehicles and watercraft. Â violation of this subsection
is a gross misdemeanor punishable as provided for in chapter 9A20 RCW. .
(2)(a) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise
acquire any liquor. A violation of this subsection is a &foss nùsdemeanor punishable as pròvided for in
chapter 9A20 RCW.
(b) It is unlawful for a person under the age of twenty-one years to be in a public place, or to be in a
motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of
this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of
liquor on his or her breath and either: (i) Is in possession of Or close proximity to a container that has or
recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or
otherwise, exhibits that he or she is under the influence of liquor. This subsection (2)(b) does not apply if
the person is in the presence of a parent or guardian or has consumed or is consuming liquor under
èircumstances described in subsection (4) or (5) of this section.
(3) Subsections (1) and (2)(a) of this section do not apply to liquor given or pennitted to be giyen to a
person under the age of twenty-one years by a parent or guardian and consumed in the presence of the
parent or guardian. This subsection shall not authori¿è consumption or possession ofliquor by a person
under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(4) This section does not apply to liquor given for medicinal purposes to a person under the age of
twenty-one years by a parent, guardian, physician, or dentist.
(5) This section does not apply to liquor given to a person under the age pftwenty-one years when such
liquor is being used in connection with religious services and the amount'consumed is the minimal amount
necessary for the religious service.
(6) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one
years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a
license to sell or dispense any liquor after that person has attained the age of twenty-one years.
CREDIT(S)
1999 Electronic Pocket Part Update
(1998 c 4 § I; 1993 c 513 § I; 1987 c 458 § 3; 1955 c 70 § 2. Prior: 1935 c 174 § 6(1); 1933 ex.s. c 62 §
37(1); RRS § 7306-37(1); prior Code 1881 § 939; 1877 P 205 § 5.]
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¡':][IIIBIT "A"
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11/16/99 II:l) AM