This chapter shall be deemed an exercise of the police power of the city of Yelm, pursuant to RCW 66.08.120, as an aid to the enforcement of the Washington State Liquor Act (Chapter 62, Laws of 1933, Extraordinary Session), RCW Title 66; and all of its provisions shall be liberally construed for the accomplishment of that purpose.
(Ord. 213 § 9(A), 1977)
In this chapter, unless the context otherwise requires, the following definitions shall apply:
A. 
"Alcohol"
means that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by fermentation or distillation of grain, starch, molasses or sugar, or other substances, including dilutions and mixtures of the substances.
B. 
"Beer"
means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this chapter any such beverage, including ale, stout and port, containing more than four percent of alcohol by weight shall be referred to as "strong beer."
C. 
"Board"
means the Liquor Control Board, constituted under the Washington State Liquor Act.
D. 
"Consumed"
means and includes the putting of liquor to any use, whether drinking or otherwise.
E. 
"Dentist"
means a practitioner of dentistry, duly and regularly licensed and engaged in the practice of his profession within the state pursuant to Chapter 18.32 RCW.
F. 
"Imprisonment"
means confinement in the city jail.
G. 
"Liquor"
means and includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spiritous, vinous or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spiritous, 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 that are drinkable liquids and all preparations of mixtures capable of human consumption, liquids, semi-solid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.
H. 
"Malt liquor"
means beer, strong beer, ale, stout, and porter.
I. 
"Package"
means any container or receptacle used for holding liquor.
J. 
"Permit"
means a permit for the purchase of liquor under the Washington State Liquor Act.
K. 
"Person"
means individual, copartnership, association or corporation.
L. 
"Physician"
means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to RCW 18.29.010 and Chapter 18.71 RCW.
M. 
"Prescription"
means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to Washington State Liquor Act for medicinal purposes.
N. 
"Public place"
means streets and alleys, buildings and grounds used for school purposes, public dancehalls and grounds adjacent thereto, those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access, railroad trains, stages and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public, publicly owned bathing beaches, parks, and/or playgrounds, and all other places of like or similar nature to which the general public has unrestricted right of access and which are generally used by the public.
O. 
"Regulation"
means regulations made by the board under the Washington State Liquor Act, RCW Title 66.
P. 
"Sale" and "sell"
means exchange, barter, and traffic; and also includes selling, supplying or distributing, by any means whatsoever, liquor or any liquid known or described as beer or by any name whatever, commonly used to describe malt or brewed liquor or wine, by any person to any person; and also includes a sale or selling within the state to a foreign consignee or his agent in the state.
Q. 
"Spirits"
means any beverage which contains alcohol obtained by distillation, including wines exceeding 17 percent alcohol by weight.
R. 
"Wine"
means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural products containing sugar, to which any saccharin substances may have been added before, during, or after fermentation, and containing not more than 17 percent alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding 17 percent alcohol by weight.
(Ord. 213 § 9(B), 1977)
A. 
No window blinds, screens, shades, paint or other obstructions shall be placed or maintained, during open or closed hours, on any window or opening of the salesroom of any licensed premises, preventing a clear, uninterrupted view of the interior of the premises from the street.
B. 
No licensee shall conduct an establishment where booths are a part of the equipment unless they are open at one end and are without doors, curtains or other obstructions.
C. 
All licensed premises used in the manufacture, storage or sale of liquor shall be at all times open to inspection by any authorized inspector of the Board or peace officer of the city.
D. 
Licensed premises must always be equipped with safe drinking water, equipment for proper sterilization of eating and drinking utensils and a method for the sanitary disposal of sewage as provided for in the rules and regulations of the Washington State Board of Health, which are, by reference, made a part of the ordinance codified in this title.
(Ord. 213 § 9(E)(1 – 4), 1977)
It is unlawful to manufacture, sell, possess, consume, give away, use, procure for another, solicit for, import, transport or otherwise dispose of any liquor as defined herein except as authorized or permitted by the Washington State Liquor Act (Chapter 62, Laws of 1933, Extraordinary Session), RCW Title 66.
(Ord. 213 § 9(D), 1977)
In every case in which liquor is seized by a peace officer of the city, it shall be the duty of the police chief to forthwith report in writing to the Board the particulars of such seizure, and to deliver immediately such liquor to the Board at such place as may be designated by it.
(Ord. 213 § 9(G), 1977; Ord. 573 § 2, 1996)
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, provision, excuse for qualification, whether it occurs by way of proviso, or in the description of the essence in this chapter, or in the Washington State Liquor Act, may be proved by the defendant but need not be specified or negatived.
(Ord. 213 § 9(H), 1977)
In describing any offense respecting the manufacture, sale, possession, consumption, gift, use, procurement for another, solicitation for or other disposal of any liquor, in any complaint, summons, convictions 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 consumed, or from whom it was purchased or received. It shall not be necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of the offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal more or less than such quantity.
(Ord. 213 § 9(I), 1977)
In any proceeding under this chapter, proof of one unlawful sale of liquor shall suffice to establish prima facie, the intent or purpose of unlawfully keeping liquor for sale in violation of this chapter.
(Ord. 213 § 9(J), 1977)