LIQUOR OFFENSES

SEA-MC tit. 12A, subtit. I, ch. 12A.24

in effect

Seattle Mun. Code § 12A.24.010 Definitions

12A.24.010 - Definitions For the purposes of this Chapter 12A.24, and unless the context otherwise requires: "Alcohol" means that substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine, commonly produced by the fermenting or distillation of grain, starch, molasses, or sugar, or other substances, including all dilutions and mixtures of said substance. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of hops, or extract hops and barley malt or other grain or cereal in water, including ale, stout, and porter, containing 0.5 percent or more of alcohol by volume. "Liquor" includes the four varieties of liquor defined in this Section 12A.24.010 (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or any combination or mixture thereof containing 0.5 percent or more of alcohol by volume. "Manufacture" means the production or preparation of liquor for sale. "Person" means an individual, copartnership, association, or corporation. "Powdered alcohol" means any powder or crystalline substance containing alcohol that is produced for direct use or reconstitution. "Spirits" means any beverage obtained by distillation which contains 0.5 percent or more of alcohol by volume. "Wine" means any alcoholic beverage obtained by fermentation of fruits or other agricultural products containing sugar, or any such beverage to which any saccharine substance may have been added before, during, or after fermentation, or any such beverage to which may have been added any spirits, wine spirits, or alcohol, which contains 0.5 percent or more of alcohol by volume. (Ord. 124949, § 10, 2015; Ord. 102843 § 12A.40.010, 1973.)

Seattle Mun. Code § 12A.24.020 Disposition of liquor

12A.24.020 - Disposition of liquor It is unlawful to manufacture, sell, possess, consume, give away, use, or otherwise dispose of any liquor as defined in this Chapter 12A.24 or in the Washington State Liquor Act (Chapter 62, Laws of 1933, Extraordinary Session) except as authorized or permitted by state law. (Ord. 102843, § 12A.40.020, 1973.)

Seattle Mun. Code § 12A.24.025 Unlawful consuming of liquor, opening a container of liquor, or possessing an open container of liquor, each in a public place.

12A.24.025 - Unlawful consuming of liquor, opening a container of liquor, or possessing an open container of liquor, each in a public place. A. Except as specifically permitted under Title 66 RCW, no person shall: 1. Open a bottle, can or other receptacle containing liquor in a public place; 2. Possess an open bottle, can or other receptacle containing liquor in a public place; or 3. Consume liquor in a public place. B. "Public place," as used in this section, means and includes any street or alley in the City, or state or county highway or road; any building or grounds used for school purposes; any public dance hall or grounds adjacent thereto; any part of an establishment where beer may be sold under Title 66 RCW, soft-drink establishment, public building, public meeting hall, lobby, hall, or dining room of any hotel, restaurant, theater, store, garage or filling station which is open to and is generally used by the public and to which the public is permitted to have unrestricted access; any railroad train, stage or other public conveyance of any kind or character, and any depot or waiting room used in conjunction therewith that is open to unrestricted use and access by the public; any publicly owned bathing beach, park or playground; and any other place of like or similar nature to which the general public has unrestricted right of access, and that is generally used by the public; but shall not mean or include any park under the control of the State Parks and Recreation Commission or any park or picnic area adjacent to and held by the same ownership as a licensed brewer or domestic winery for the consumption of beer or wine produced by the respective brewery or winery, as prescribed by regulations adopted by the Washington State Liquor Control Board. (Ord. 120887 § 8, 2002; Ord. 117156, § 4, 1994; Ord. 116896, § 2, 1993; Ord. 113566 § 1, 1987.)

Seattle Mun. Code § 12A.24.030 Possession of liquor at Seattle Center prohibited.

12A.24.030 - Possession of liquor at Seattle Center prohibited. Except as authorized or permitted by or pursuant to state law, it is unlawful to carry in or possess any liquor upon any premises or in any building at the Seattle Center which the Seattle Center Director shall designate by rule, and pursuant thereto cause to be conspicuously posted at each entrance of such premises or building, notice of the provisions of this section. (Ord. 103539 § 2, 1974: Ord. 102843 § 12A.40.030, 1973.)

Seattle Mun. Code § 12A.24.040 Hours of closing.

12A.24.040 - Hours of closing. It is unlawful for the owner, manager, operator or employee of any "club," to permit any member, patron or other person to consume, in any room which is not a place of residence therein, "spirituous liquor" as said quoted terms are defined in Initiative Measure No. 171 (Ch. 5 Laws of 1949, RCW 66.24.410) between two a.m. (2:00 a.m.) on Sunday and twelve noon on Sunday nor between twelve midnight on Sunday and six a.m. (6:00 a.m.) Monday; nor upon any other week day between two a.m. (2:00 a.m.) and six a.m. (6:00 a.m.), unless permitted by the Rules and Regulations of the State Liquor Control Board. (Ord. 102843 § 12A.40.040, 1973.)

Seattle Mun. Code § 12A.24.060 Prosecution—Description of offense.

12A.24.060 - Prosecution—Description of offense. The description of any offense under this chapter, in the language of this chapter or of the Washington State Liquor Act, or any language of like effect so far as the same may be applicable, shall be sufficient in law; and any exception, exemption, provision, excuse or qualification, whether it occurs by way of proviso, or in the description of the offense in this chapter, or in the Washington State Liquor Act, may be proved by the defendant but need not be specified or negatived. (Ord. 102843 § 12A.40.080, 1973.)

Seattle Mun. Code § 12A.24.070 Pleading particulars of offense.

12A.24.070 - Pleading particulars of offense. In describing any offense respecting the manufacture, sale, possession, consumption, gift, use or other disposal of any liquor, in any complaint, summons, conviction, warrant or proceeding under this chapter, it shall be sufficient to state the same without stating the name or kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom used or consumed, or from whom it was purchased or received, and shall not be necessary to state the quantity of liquor so sold, possessed, used, consumed, given away or otherwise disposed of, except in cases of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity. (Ord. 102843 § 12A.40.100, 1973.)

Seattle Mun. Code § 12A.24.080 Unlawful furnishing of liquor.

12A.24.080 - Unlawful furnishing of liquor. A person is guilty of unlawfully furnishing liquor if he knowingly gives, supplies or furnishes liquor to a person under the age of twenty-one (21) years or permits any person under that age to consume liquor on his premises or on any premises under his control except in the case of liquor given or permitted to be given to a person under the age of twenty-one (21) years by his parent or guardian or administered to him by his physician or dentist for medicinal purposes or used in connection with religious services. (Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.120, 1973.)

Seattle Mun. Code § 12A.24.085 Public place or club—License required.

12A.24.085 - Public place or club—License required. A. No public place or club, or agent, servant or employee thereof, shall keep or allow to be kept, either by itself, its agent, servant or employee, or any other person, any liquor in any place maintained or conducted by such public place or club, nor shall it permit the drinking of any liquor in any such place, unless the sale of liquor in said place is authorized by virtue of a valid and subsisting license issued by the Washington State Liquor Control Board, or the consumption of liquor in said place is authorized by a special banquet permit issued by said board. Every person who violates any provision of this section shall be guilty of a gross misdemeanor. B. "Public place," for purposes of this section only, shall mean in addition to the definition set forth in Section 12A.24.025, any place to which admission is charged or in which any pecuniary gain is realized by the owner or operator of such place in selling or vending food or soft drinks (Ord. 124301, § 34, 2013)

Seattle Mun. Code § 12A.24.090 Unlawful sale of liquor.

12A.24.090 - Unlawful sale of liquor. A person is guilty of unlawful sale of liquor if he knowingly sells or attempts to sell any liquor to any person under the age of twenty-one (21) years. (Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.140, 1973.)

Seattle Mun. Code § 12A.24.100 Unlawful possession, consumption, acquisition or purchase of liquor by a minor.

12A.24.100 - Unlawful possession, consumption, acquisition or purchase of liquor by a minor. A. It is unlawful for any person under the age of twenty-one (21) years to possess, consume or otherwise acquire liquor. B. Subsection A of this section shall not apply to: 1. Liquor given or permitted to be given to a person under the age of twenty-one (21) years by a parent or guardian and consumed in the presence of the parent or guardian; 2. Liquor given for medicinal purposes to a person under the age of twenty-one (21) years by a parent, guardian, physician or dentist; 3. Liquor given to a person under the age of twenty-one (21) 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. C. It is unlawful for any person under the age of twenty-one (21) years to purchase or attempt to purchase liquor. A person between the ages of eighteen (18) and twenty (20) years, inclusive, who violates this subsection is guilty of a misdemeanor and shall be punished by imprisonment for not more than ninety (90) days or by a fine of not more than One Thousand Dollars ($1,000) or by both such imprisonment and fine; provided, however, that a minimum fine of Two Hundred Fifty Dollars ($250) shall be imposed and any sentence requiring community service shall require not fewer than twenty-five (25) hours of such service. D. A person under the age of twenty-one (21) years acting in good faith who seeks medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted under subsection A of this section, if the evidence for the charge was obtained as a result of the person seeking medical assistance. A person under the age of twenty-one (21) years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection A of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance. The protection in this subsection shall not be grounds for suppression of evidence in other criminal charges. (Ord. 124301, § 35, 2013; Ord. 116897, § 2, 1993; Ord. 103993, § 3(part), 1974; Ord. 102843, § 12A.40.160, 1973.)

Seattle Mun. Code § 12A.24.105 Unlawful use, purchase, sale, or possession of powdered alcohol

12A.24.105 - Unlawful use, purchase, sale, or possession of powdered alcohol A. It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol. B. Subsection 12A.24.105.A does not apply to the use of powdered alcohol for bona fide research purposes by a health care provider that operates primarily for the purposes of conducting scientific research, a state institution of higher education, as defined in RCW 28B.10.016, a private college or university, or a pharmaceutical or biotechnology company. (Ord. 124949, § 11, 2015)

Seattle Mun. Code § 12A.24.110 Unlawful frequenting of tavern.

12A.24.110 - Unlawful frequenting of tavern. A person is guilty of unlawfully frequenting a tavern if, except as provided for by RCW Chapter 66.44, he is a person under the age of twenty-one (21) years and knowingly enters or remains on the premises of any tavern as defined by the Washington State Liquor Control Board; a person is guilty of permitting unlawful frequenting of a tavern if, except as provided for by RCW Chapter 66.44, he knowingly serves or allows any person under the age of twenty-one (21) years to remain on the premises of any tavern. (Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.180, 1973.)

Seattle Mun. Code § 12A.24.120 Unlawful treating on premises of a liquor establishment.

12A.24.120 - Unlawful treating on premises of a liquor establishment. A person is guilty of unlawfully treating on premises of a liquor establishment if he knowingly invites a person under the age of twenty-one (21) years into a public place where liquor is sold and treats, gives or purchases liquor for such person or holds out such person to be twenty-one (21) years of age or over to the owner of such liquor establishment. (Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.200, 1973.)

Seattle Mun. Code § 12A.24.130 Unlawful transfer and use of identification.

12A.24.130 - Unlawful transfer and use of identification. A. A person is guilty of unlawful transfer of identification if the person knowingly permits his or her card of identification to be used by another or transfers such card of identification or any identification of age to a person under the age of twenty-one (21) years for the purpose of aiding or permitting such person to obtain liquor or gain admission to a premises or portion of a premises classified by the Washington State Liquor Control Board as off-limits to persons under twenty-one (21) years of age. B. A person is guilty of unlawful use of such identification if the person is under the age of twenty-one (21) years and procures, has issued or transferred to him or her or uses such card of identification or any identification of age or possesses a card of identification or identification of age not issued to him or her or otherwise makes false representations of his age for the purpose of obtaining liquor. (Ord. 124301, § 36, 2013; Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.220, 1973.)

Seattle Mun. Code § 12A.24.135 Sale to or purchase or consumption by intoxicated person

12A.24.135 - Sale to or purchase or consumption by intoxicated person A. No person shall knowingly sell any liquor to any person apparently under the influence of liquor. B. No person apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the Washington State Liquor Control Board. A defendant's intoxication may not be used as a defense in an action under this subsection. (Ord. 124684, § 22, 2015; Ord. 124301, § 37, 2013)

Seattle Mun. Code § 12A.24.140 Knowledge of age not element of offense.

12A.24.140 - Knowledge of age not element of offense. In any prosecution under this chapter and notwithstanding any other provision hereof, it is not a defense that the actor reasonably believed that the other person was twenty-one (21) years of age or older. (Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.240, 1973.)

Seattle Mun. Code § 12A.24.145 Standards of conduct for licensees and employees

12A.24.145 - Standards of conduct for licensees and employees A. Except as otherwise provided by law, neither a person licensed by the Washington State Liquor Control Board nor an employee of such person may: 1. Be disorderly or apparently intoxicated on the licensed premises; or 2. Permit any disorderly person to remain on the licensed premises; or 3. Engage in or allow behavior that provokes conduct which presents a threat to public safety; or 4. Consume liquor of any kind while working on the licensed premises; except that: a. Entertainers per WAC 314-02-010 may drink while performing under the following conditions: 1) Alcohol service must be monitored by a server holding a mandatory alcohol training permit; 2) Drinks must be served in unlabeled containers; 3) Entertainers may not advertise any alcohol brands or products; 4) Entertainers may not promote drink specials; and 5) If any member of the entertainment group is under 21 years of age, alcohol may not be consumed by any member of the group while performing. b. Licensed beer manufacturers and their employees may sample beer of their own manufacture for manufacturing, evaluating or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated; c. Licensed wine manufacturers and their employees may sample wine for manufacturing, evaluating, or pricing product or sample wine of their own manufacture for quality control or consumer education purposes so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public; or 5. Engage in, or permit any employee or other person to engage in, conduct on the licensed premises which is prohibited by RCW Titles 9, 9A, or 69; or 6. Engage in or permit any employee or other person to engage in the consumption of any type of marijuana, usable marijuana, or marijuana-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee; or 7. Permit any person consuming, or who has consumed within the licensed premises, any type of marijuana, usable marijuana, or marijuana-infused products to remain on any part of the licensed premises; or 8. Sell or serve liquor by means of "drive-in" or by "curb service"; or 9. Solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on the premises for such purpose; or 10. Spend time or dance with, or permit any person to spend time or dance with, any patron for direct or indirect compensation by a patron. B. A person licensed by the Washington State Liquor Control Board may not allow, permit or encourage an employee or any person in or on the licensed premises to engage in conduct prohibited by Section 6.270.100. C. During the period of liquor license suspension, the person licensed by the Washington State Liquor Control Board and any employee of such person: 1. Must maintain compliance with all applicable liquor laws and rules; 2. May not remove, alter, or cover a posted suspension notice, and may not permit another person to do so; 3. May not place or permit the placement of any statement on the licensed premises indicating that the premises have been closed for any reason other than as stated in the suspension notice; and 4. May not advertise by any means that the licensed premises is closed for any reason other than as stated in the liquor control board's suspension notice. (Ord. 124684, § 23, 2015)

Seattle Mun. Code § 12A.24.147 Refusal to permit inspection

12A.24.147 - Refusal to permit inspection No person, being on a premises licensed by the Washington State Liquor Control Board and having charge thereof, shall: A. Refuse or fail to admit a liquor enforcement officer, inspector or peace officer demanding to enter therein in pursuance of RCW Title 66 in the execution of his or her duty; B. Obstruct or attempt to obstruct the entry of such liquor enforcement officer, inspector or officer of the peace; C. Refuse to allow a liquor enforcement officer, and/or an inspector to examine the books of the licensee; or D. Refuse or neglect to make any return required by RCW Title 66 or the regulations enacted pursuant to that title by the Washington State Liquor Control Board. (Ord. 124684, § 24, 2015)

Seattle Mun. Code § 12A.24.150 Classification and penalty

12A.24.150 - Classification and penalty A. An offense under Section 12A.24.025 is a class 3 civil infraction under RCW Chapter 7.80. An offense under subsection 12A.24.135.B or Section 12A.24.145 is an infraction punishable by a fine of not more than $500. B. An offense under Sections 12A.24.080, 12A.24.085, 12A.24.090 and Section 12A.24.100 A is designated a gross misdemeanor. C. An offense under Sections 12A.24.105, 12A.24.110, 12A.24.120 and 12A.24.130 is a misdemeanor, except that for a violation of Section 12A.24.130 a minimum fine of $250 shall be imposed and any sentence requiring community service shall require not fewer than 25 hours of such service. D. Except as otherwise provided in this chapter, any person who violates any provision of this chapter shall be punished, upon the first such conviction, by a fine of not more than Five Hundred Dollars ($500) or by imprisonment for not more than two (2) months or by both such fine and imprisonment, upon a second such conviction, by imprisonment for not more than six (6) months and, upon a third or subsequent such conviction, by imprisonment for not more than three hundred sixty-four (364) days. If the person convicted is a corporation, it shall be punished by a fine of not more than Five Thousand Dollars ($5,000). (Ord. 124949, § 12, 2015; Ord. 124684, § 25, 2015; Ord. 124301, § 38, 2013; Ord. 123633, § 16, 2011; Ord. 122789, § 15, 2008; Ord. 120887 § 9, 2002; Ord. 119010 § 11, 1998: Ord. 115897 § 3, 1993: Ord. 110856 § 2, 1982: Ord. 103993 § 3(part), 1974: Ord. 102843 § 12A.40.260, 1973.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT12ACRCO_SUBTITLE_ICRCO_CH12A.24LIOFFetched: 11/1/2026