[1]
Note: Cabaret license - Chapter 6.14. Dance hall, prohibited in - Section 6.38.110. Operating aircraft under influence - Section 8.06.050. Skating rinks, prohibited in - Section 6.38.110.
This chapter shall be deemed an exercise of the police power of the City of Tacoma as an aid to the enforcement of the Washington State Liquor Act, and all of its provisions shall be liberally construed for the accomplishment of that purpose.
(Ord. 11075 § 1, 1934-07-18)
In this chapter, unless the context otherwise requires:
"Alcohol"
is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances, including all dilutions and mixtures of this substance.
"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 porter, containing more than four percent of alcohol by weight shall be referred to as "strong beer."
"Board"
means the Liquor Control Board, constituted under the Washington State Liquor Act.
"Club"
means an organization of persons, incorporated or unincorporated, solely for fraternal, benevolent, educational, athletic or social purposes, whether or not such organization is operated for pecuniary gain.
"Consume"
includes the putting of liquor to use, whether drinking or otherwise.
"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.
"Imprisonment"
means confinement in the county jail.
"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 semi-solid 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, semi-solid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.
"Malt liquor"
means beer, strong beer, ale, stout and porter.
"Package"
means any container or receptacle used for holding liquor.
"Permit"
means a permit for the purchase of liquor under the Washington State Liquor Act.
"Person"
means an individual, co-partnership, association or corporation.
"Physician"
means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to Chapter 18.71 RCW.
"Prescription"
means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to the Washington State Liquor Act for medical purposes.
"Public place"
includes streets and alleys; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under the Washington State Liquor Act, 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 pools, 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.
"Regulations"
means regulations made by the Board under the Washington State Liquor Act.
"Sale" and "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 wine, by any person to any person; and also include a sale or selling within the city to a foreign consignee or his agent in the city.
"Spirits"
means any beverage which contains alcohol obtained by distillation, including wines exceeding 17 percent of alcohol by weight.
"Washington State Liquor Act"
means and includes Chapter 62 of the Session Laws of Washington, Extraordinary Session of 1933, as amended and as such Act will be amended.
"Wine"
means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural products containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than 17 percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding 17 percent of alcohol by weight.
(Ord. 11075 § 2, 1934-07-18; Ord. 13808, 1950-02-15)
Nothing in this chapter shall apply to wine or beer manufactured in any home for consumption therein, but not for sale; nor to any liquor in the possession of any person, kept for personal use but not for sale, except as provided herein in regard to clubs, at the effective date of the Washington State Liquor Act; nor to any liquor or preparations exempted under the Washington State Liquor Act; nor to the sale of beer in the City of Tacoma under the provisions of existing city ordinances during the time that the sale thereof is permissible under the provisions of the Washington State Liquor Act.
(Ord. 11075 § 3, 1934-07-18; Ord. 13915, 1950-07-03)
No liquor shall be kept or had within the City of Tacoma, 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 Act, except in the case of:
A. 
Liquor imported by the State Liquor Control Board; or
B. 
Liquor manufactured in the City of Tacoma for sale to the Liquor Control Board or for export; or
C. 
Beer purchased in accordance with the provisions of the Washington State Liquor Act; or
D. 
Wine, beer or liquor exempted in Section 8.20.030 hereof.
(Ord. 11075 § 4, 1934-07-18)
Except as permitted by the Washington State Liquor Act, no person in a public place shall open a package containing liquor, possess an opened package containing liquor, or consume liquor. Every person who violates any provision of this section shall be guilty of a civil infraction and shall be fined not more than $100, which includes all statutory assessments. Whenever any person is stopped for a violation of this section, the officer may detain that person for a reasonable period of time necessary to identify the person and check for outstanding warrants.
(Ord. 11075 § 5, 1934-07-18; Ord. 22986 § 1, 1983-08-23; Ord. 26010 § 1, 1997-01-14; Ord. 26679 § 1, 2000-08-22)
(Minors – Purchase, sale or possession prohibited. Ord. 11075 § 7, 1934-07-18; Ord. 16295, 1959-03-02; Ord. 23682 § 3, 1986-09-02; Ord. 24020 § 3, 4, 1988-01-26; repealed by Ord. 28111 Ex. A, 2012-12-04)
No person may forge, alter, counterfeit, otherwise prepare or acquire and supply to a person under the age of 21 years a facsimile of any of the officially issued cards of identification that are required for presentation under RCW 66.16.040. A violation of this section is a gross misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of $2,500.00 shall be imposed.
(Ord. 24020 § 5, 1988-01-26)
Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with the provisions of the Washington State Liquor Act, no person shall procure or supply, or assist directly or indirectly in procuring or supplying liquor for or to anyone whose permit is suspended or has been canceled.
(Ord. 11075 § 8, 1934-07-18)
Except as provided in Section 42 of the Washington State Liquor Act (RCW 66.28.050), no person shall canvass for, solicit, receive, or take orders for the purchase or sale of any liquor, or act as agent for the purchase or sale of liquor.
(Ord. 11075 § 9, 1934-07-18)
In describing the offense respecting the sale or keeping for sale or other disposal of liquor, or the having, keeping, giving, purchasing or consumption of liquor in any complaint, summons, conviction, warrant or proceeding under this chapter, it shall be sufficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing or consumption of liquor, 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; and 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 that, in the case 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. 11075 § 10, 1934-07-18)
The description of any offense under this chapter, in the words of this chapter, or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse or qualification, whether it occurs by way of provision or in the description of the offense in this chapter, may be proved by the defendant; but need not be specified or negatived in the complaint; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the complainant.
(Ord. 11075 § 11, 1934-07-18)
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. 11075 § 12, 1934-07-18)
Every person doing any act required to be licensed under the Washington State Liquor Act without having in force a license issued to him under that act shall be guilty of a misdemeanor.
(Ord. 11075 § 13, 1934-07-18)
Every person who shall sell by the drink or bottle any liquor other than as permitted by the Washington State Liquor Act or by the rules and regulations of the Washington State Liquor Control Board shall be guilty of a misdemeanor.
(Ord. 11075 § 14, 1934-07-18; Ord. 13808 §2 , 1950-02-15)
Except as otherwise provided in the Washington State Liquor Act, every person who shall sell any liquor, other than beer, by the bottle or package, or who shall own or operate any still, shall be guilty of a misdemeanor.
(Ord. 11075 § 15, 1934-07-18)
In every case in which liquor is seized by a police officer of the City of Tacoma, it shall be the duty of the Chief of Police of the City to forthwith report in writing to the Board the particulars of such seizure, and to immediately deliver over such liquor to the Board at such place as may be designated by it.
(Ord. 11075 § 16, 1934-07-18)
No person other than those duly licensed under the Washington State Liquor Act shall keep liquor for the purpose of sale. The possession of liquor other than beer or wine in a place licensed to sell beer and/or wine only shall be presumptive evidence that the same is kept for the purpose of sale.
(Ord. 11075 § 18, 1934-07-18)
Any person who shall keep or possess liquor on premises conducted or maintained by him as principal or agent, with the intent to sell the same contrary to provisions of this chapter, shall be guilty of a misdemeanor. The possession of liquor by such principal or agent on premises conducted or maintained under Federal authority as a retail dealer in liquors shall be prima facie evidence of the intent to sell liquor.
(Ord. 11075 § 18a, 1934-07-18; Ord. 11400, 1937-05-05)
Any owner, manager, operator or employee of any club, as defined herein, who shall furnish or cause to be furnished liquor, or who shall prepare and serve liquor, or who shall provide mixers, beverages, sodas, ice or water, for the purpose of preparing drinks of liquor on the premises to any member, patron or other person in any room of such club not a place of residence therein between 12:00 midnight on Saturday and 6:00 a.m. on the following Monday; or upon any other weekday between 1:00 a.m. and 6:00 a.m., unless otherwise permitted by the laws of the State of Washington and the rules, regulations and the permits thereunder of the Washington State Liquor Control Board, shall be guilty of a misdemeanor.
(Ord. 11075 § 18b, 1934-07-18; Ord. 13915, 1950-07-31)
Any member, patron or other person who shall consume liquor in any club in a room not a place of residence therein between 12:00 midnight on Saturday and 6:00 a.m. on the following Monday; or upon any otherwise permitted by the laws of the State of Washington and the rules, regulations and the permits thereunder of the Washington State Liquor Control Board, shall be guilty of a misdemeanor.
(Ord. 11075 § 18c, 1934-07-18; Ord. 13915, 1950-07-31)
Any club in which the owner, manager, operator or employee thereof shall allow or permit rooms which are not places of residence therein to remain open to any member, patron or other person for the purpose of consumption of liquor between 12:00 midnight on Saturday and 6:00 a.m. on the following Monday; or upon any other weekday between 1:00 a.m. and 6:00 a.m., unless otherwise permitted by the laws of the State of Washington and the rules, regulations and the permits thereunder of the Washington State Liquor Control Board, is hereby declared to be a disorderly place. Any person found therein at such time shall be guilty of a misdemeanor.
(Ord. 11075 § 18d, 1934-07-18; Ord. 13915 § 1, 1950-07-31)
Employers holding class E and/or F licenses, exclusively, are permitted to allow their employees between the ages of 18 and 21 to sell, stock, and handle beer or wine in, on, or about any establishment holding a class E and/or class F license, exclusively; provided that there is an adult 21 years of age or older on duty supervising the sale of liquor at the licensed premises; and provided that minor employees may make deliveries of beer and/or wine purchased from licensees holding class E and/or class F licenses, exclusively, when delivery is made to customers' cars when such cars are located adjacent to such licensed premises, but only, when the minor employee is accompanied by the purchaser.
(Ord. 24020 § 6, 1988-01-26)
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.
(Ord. 11075 § 22, 1934-07-18)
All licensed premises used in the manufacture, storage or sale of liquor shall at all times be open to inspection by any authorized peace officer.
(Ord. 11075 § 23, 1934-07-18)
It shall be unlawful for any manufacturer, distributor or wholesaler to deposit, place, keep or leave, or for any retail licensee to permit the placing, keeping or storage of beer kegs or other beer or wine containers in front, or on any sidewalk, of any licensed retail premises.
(Ord. 11075 § 25, 1934-07-18)
The passing of money or other valuable consideration by a manufacturer, distributor or beer wholesaler to a retailer, directly or indirectly, for advertising space in or upon the property of the said retailer is hereby prohibited; likewise the passing of money or other valuable consideration by a manufacturer, distributor or beer wholesaler, directly or indirectly, to any person, to pay, in whole or in part, for advertising of any nature on behalf of a retailer, or from which a retailer may or will derive any advertising benefits, or which bears the name or address or other description of a retailer, is hereby prohibited; nor shall the name of a retailer appear in or as part of or supplementary to the advertising of a manufacturer, distributor or beer wholesaler.
No signs or other matter advertising beer and/or wine or any brands thereof, or using the words "bar," "barroom," "saloon," or words of like or similar import, shall be erected or placed upon the outside of any building in which beer and/or wine is licensed to be sold at retail, or in close proximity thereto, and no advertisement whatsoever shall contain the words "bar," "barroom," "saloon," or words of like or similar import.
Signs or other advertising matter within the licensed premises of the retailer shall not be of an obnoxious, gaudy, blatant or offensive nature and shall in no manner obstruct the view of the interior of the premises from the street, and shall be limited to illuminated or unilluminated signs, not to exceed in area 630 square inches, and no one dimension to exceed 42 inches. In no case shall any sign or other advertising matter obstruct more than one-third of the total area of a display window. Any sign so displayed shall be paid for by the retail licensee; provided, however, a manufacturer, distributor or beer wholesaler may furnish to retail dispensers a sign, not exceeding the area and dimensions herein prescribed, bearing only the name of the manufacturer, distributor or beer wholesaler and/or the trade or copyrighted name or brand of the product.
(Ord. 11075 § 26, 1934-07-18)
It shall be a violation of this chapter:
A. 
To serve or allow to remain on the premises of any tavern any person under the age of 21 years;
B. 
For any person under the age of 21 years to enter or remain on the premises of any tavern;
C. 
For any person under the age of 21 years to represent his age as being 21 or more years for the purpose of securing admission to or remaining on the premises of any tavern.
(Ord. 20403, 1975-04-22)
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provisions to any person or circumstances shall not be affected thereby.
(Ord. 11075 § 28, 1934-07-18)
Every person guilty of a violation of any of the provisions of this chapter for which no penalty is specifically prescribed shall be guilty of a misdemeanor and, on conviction, shall be subject to a penalty of not more than $1,000.00 or to imprisonment in the Pierce County Jail for not more than 90 days, or to both such fine and imprisonment.
(Ord. 11075 § 27, 1934-07-18; Ord. 22600 § 20, 1981-12-29; Ord. 24055 § 2, 1988-04-05)
The provisions of this chapter shall be cumulative and in addition to the provisions of the now existing ordinances of the City of Tacoma, and shall not have the effect of repealing any ordinances of the City of Tacoma now in effect, except those specifically repealed herein.
(Ord. 11075 § 35, 1934-07-18)