A. If, upon sworn complaint of any person, it shall be made to appear to the Everett District Court that there is probable cause to believe that intoxicating liquor is being sold, bartered, exchanged, given away, furnished or otherwise disposed of, or kept in violation of this chapter, such court shall issue a search warrant directed to a civil officer of the state of Washington duly authorized to enforce or assist in enforcing any laws thereof, or to the chief of police or duly authorized police officer of the city, or to an inspector of the Washington State Liquor Control Board, commanding him to search the premises designated and described in such complaint and warrant, and to seize all intoxicating liquors therefrom, together with the vessels in which they are contained, and all implements, furniture and fixtures used or kept for the illegal sale, barter, exchange, giving away, furnishing, or otherwise disposing of such liquors, and to safely keep the same and to make a return for said warrant within ten days following, all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession the same were found, if any, and if no person be found in possession of said articles the return shall so state. A copy of said warrant, together with a detailed receipt for the property taken shall be served upon the person or persons found in possession of such intoxicating liquor, furniture or fixtures so seized, and if no person be found in possession thereof a copy of the warrant and receipt shall be left in a conspicuous place upon the premises in which the same are found. All liquor, seized pursuant to such search warrant, shall upon final adjudication that it was kept in violation of this article, be ipso facto forfeited, and upon such forfeiture be delivered to the Washington State Liquor Control Board, or if so ordered destroyed.

B. Upon return of the warrant, as provided herein, the court shall fix a time, not less than ten days and not more than thirty days thereafter, for hearing of said return, unless such hearing shall be continued by the court, when he shall proceed to hear and determine whether or not the articles so seized, or any part thereof, were used or in any manner kept or possessed by any person with the intention of violating any of the provisions of this chapter. At such hearing any person claiming any interest in any of the articles seized may appear and be heard upon filing a written claim, setting forth particularly the character and extent of his interest and the burden shall rest upon the claimant to show by any competent evidence his property right or interest in the articles claimed, and the same were not used in violation of any of the provisions of this chapter, and were not in any manner kept or possessed with the intention of violating any of the provisions of this chapter. If, upon such hearing, the evidence warrants, or if no person shall appear as claimant, the court shall thereupon enter judgment of forfeiture and all of such articles destroyed forthwith; provided, however, that if, in the opinion of the court, any of the forfeited articles, other than the intoxicating liquor, are of value and adapted to any lawful use, such court, if a part of the order and judgment, shall direct that said articles, other than the intoxicating liquor, shall be sold upon execution, by the chief of police, or by whomever he shall designate, and the proceeds of such sale, after the payment of all costs in the proceedings, shall be paid to the liquor revolving fund of the state. Action under this section, and the forfeitures, destruction or sale of any articles thereunder, shall not be a bar to any prosecution under any other provision or provisions of this chapter. (Ord. 1145-85 § 117, 1985.)