LIQUOR ACT ‑- SUCCESSIVE VIOLATIONS OF ‑- PENALTIES

LIQUOR ACT ‑- SUCCESSIVE VIOLATIONS OF ‑- PENALTIES

The penalty for violation of the Liquor Act must be that set out in RCW 66.44.180 (Rem. Rev. Stat. § 7306-93).

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                                                                     July 9, 1952

Honorable Charles O. Carroll
Prosecuting Attorney
King County
Seattle 4, Washington                                                                                                              Cite as:  AGO 51-53 No. 350

Attention:  L. K. McDonell, Deputy

Dear Sir:

            Receipt is hereby acknowledged of your letter of June 27, 1952, requesting the opinion of this office as follows

            "1. What penalty may be imposed upon an individual convicted of a first offense under RCW 66.44.170 (Rem. Rev. Stat., § 7306-92A) which prohibits the unlawful possession of intoxicating liquor with intent to sell?

            "2. What fine, if any, may be imposed, in addition to imprisonment, upon an individual convicted of a second, or of a third or subsequent offense, under this section?"

            It is our conclusion that the penalty for violation of the Liquor Act must be that set out in RCW 66.44.180 (Rem. Rev. Stat. § 7306-93).

                                                                     ANALYSIS

             [[Orig. Op. Page 2]]          

            Section 66.44.170 RCW (Rem. Rev. Stat. § 7306-92A), is merely a classification statute and classifies the offense of keeping or possessing liquor on premises with intent to sell contrary to the provisions of the Liquor Act.

            Section 66.44.180 RCW is the general penalty statute which applies where no penalty has been specifically provided for the violation of any provision.

            RCW 66.44.170 and RCW 66.44.180 must be read together.  This is particularly true in cases of aggravated offenses, that is, in cases where an individual may have been picked up time after time for violating the statute which prohibits the keeping or possessing of liquor for sale.  Therefore, when these two statutes are read together, it is clear that the legislature intended the penalties to be as set out in RCW 66.44.180.

Very truly yours,

SMITH TROY
Attorney General

RUDOLPH NACCARATO
Assistant Attorney General