Washington Code 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 actions
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(1) No person shall sell any liquor to any person apparently under the influence of liquor.
Terms Used In Washington Code 66.44.200
- Board: means the liquor and cannabis board, constituted under this title. See Washington Code 66.04.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Liquor: includes the four varieties of liquor herein defined (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. See Washington Code 66.04.010
- Person: means an individual, copartnership, association, or corporation. See Washington Code 66.04.010
- sell: include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his or her agent in the state. See Washington Code 66.04.010
(2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.
(b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.
(c) A defendant‘s intoxication may not be used as a defense in an action under this subsection.
(d) Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.
(3) An administrative action for violation of subsection (1) of this section and an infraction issued for violation of subsection (2) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other.
[ 1998 c 259 § 1; 1933 ex.s. c 62 § 36; RRS § 7306-36.]