SKOKOMISH CRIMINAL CODE

ALCOHOL-RELATED OFFENSES

Amended by Resolution No. 09-05 (January 21, 2009)

9.04.010 Definitions

9.04.011 Liquor Violations

9.04.020 Delivery of Alcohol to Person Under Twenty-One Years of Age

9.04.030 Minor Under the Influence of Alcohol

9.04.040 Minor in Possession of Alcohol - Exception

9.04.010 Definitions

For the purposes of this Chapter the following definitions apply:

"Consume" means the act of consuming alcohol, the condition of having consumed alcohol and the condition of being under the influence of alcohol.

"Possession" means to have in ones actual physical control, or to have both the power and ability to exercise control even though the object is not under his or her direct physical control.

9.04.011 Liquor Violations

Any person who possesses, trades, transports, or manufactures any alcoholic beverage for sale within the territorial jurisdiction of the Skokomish Indian Tribe without authorization from the Tribe shall be guilty of a class B offense.

9.04.020 Delivery of Alcohol to Person Under Twenty-One Years of Age

Any person who gives, sells, or trades any alcoholic beverage to a person under the age of twenty-one (21) years or fails to prevent or allows a person under the age of twenty-one (21) to consume an alcoholic beverage in a motor vehicle he owns or is driving, or in a building he owns, leases or rents shall be guilty of a class C offense.

9.04.030 Minor Under the Influence of Alcohol.

Any person under the age of twenty-one (21) years, whether in a public or private location (including his or her own residence) who is found to be under the influence of any intoxicating beverage to any degree shall be guilty of a class D offense.

9.04.040 Minor in Possession of Alcohol - Exception

(a) Generally. Any person under the age of twenty-one (21) years who possesses, purchases, consumes, obtains or sells any alcoholic beverage shall be guilty of a class D offense.

(b) Exception. Persons under the age of twenty-one (21) shall be excepted from this provision when such person is performing the duties of employment at a Tribal Liquor Store or business owned wholly by the Tribe. This provision does not apply to persons under twenty-one (21) who are not employed by a Tribal Liquor Store or business or one who is employed by such business but who is off-duty.