SENATE BILL 6265
State of Washington 52nd Legislature 1992 Regular Session
By Senators Newhouse and Snyder
Read first time 01/23/92. Referred to Committee on Commerce & Labor.
AN ACT Relating to registration for kegs or other similar containers for malt liquor; and amending RCW 66.24.360 and 66.28.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 66.24.360 and 1991 c 42 s 4 are each amended to read as follows:
shall be a beer retailer's license to be designated as ((
class E license to sell beer at retail in bottles and original packages, not to
be consumed upon the premises where sold, at any store other than the state
liquor stores. Licensees holding only an E license may not sell malt liquor in
kegs or other containers capable of holding (( four)) five and
one-half gallons or more of liquid. The annual fee for the license is
seventy-five dollars for each store: PROVIDED, That a holder of a class A or a
class B license shall be entitled to the privileges permitted in this section
by paying an annual fee of twenty-five dollars for each store. Licensees under
this section whose business is primarily the sale of beer and/or wine at retail
may provide, free or for a charge, single-serving samples of two ounces or less
to customers for the purpose of sales promotion. Sampling activities of
licensees under this section shall be subject to RCW 66.28.010 and 66.28.040
and the cost of sampling under this section may not be borne, directly or
indirectly, by any manufacturer, importer, or wholesaler of liquor.
For the purpose of this section, "beer" includes, in addition to the usual and customary meaning, bottle conditioned beer which has been fermented partially or completely in the container in which it is sold to the retail customer and which may contain residual active yeast. The bottles and original packages in which such bottle conditioned beer may be sold under this section shall not exceed one hundred seventy ounces in capacity.
Sec. 2. RCW 66.28.200 and 1989 c 271 s 229 are each amended to read as follows:
licensees holding a class A or B license in combination with a class E license
may sell malt liquor in kegs or other containers capable of holding ((
five and one-half gallons or more of liquid. Any person who sells or
offers for sale the contents of kegs or other containers containing four
gallons or more of malt liquor, or leases kegs or other containers that will
hold four gallons of malt liquor, to consumers who are not licensed under
chapter 66.24 RCW shall do the following for any transaction involving the container:
(1) Require the purchaser of the malt liquor to sign a declaration and receipt for the keg or other container or beverage in substantially the form provided in RCW 66.28.220;
(2) Require the purchaser to provide one piece of identification pursuant to RCW 66.16.040;
(3) Require the purchaser to sign a sworn statement, under penalty of perjury, that:
(a) The purchaser is of legal age to purchase, possess, or use malt liquor;
(b) The purchaser will not allow any person under the age of twenty-one years to consume the beverage except as provided by RCW 66.44.270;
(c) The purchaser will not remove, obliterate, or allow to be removed or obliterated, the identification required under RCW 66.28.220 to be affixed to the container;
(4) Require the purchaser to state the particular address where the malt liquor will be consumed, or the particular address where the keg or other container will be physically located; and
(5) Require the purchaser to maintain a copy of the declaration and receipt next to or adjacent to the keg or other container, in no event a distance greater than five feet, and visible without a physical barrier from the keg, during the time that the keg or other container is in the purchaser's possession or control.