S-3436.1          _______________________________________________


                                 SENATE BILL 6339



State of Washington              52nd Legislature             1992 Regular Session


By Senator Hayner


Read first time 01/27/92.  Referred to Committee on Commerce & Labor.Eliminating the county size requirement for class F wine retailer's licenses.

     AN ACT Relating to class F wine retailer's licenses; and amending RCW 66.24.370.




     Sec. 1.  RCW 66.24.370 and 1987 c 386 s 4 are each amended to read as follows:

     (1) There shall be a wine retailer's license to be designated as class F license to sell, subject to subsection (2) of this section, table and fortified wine in bottles and original packages, not to be consumed on the premises where sold, at any store other than the state liquor stores:  PROVIDED, Such licensee shall pay to the state liquor stores for wines purchased from such stores the current retail price; fee seventy-five dollars per annum:  PROVIDED, FURTHER, That a holder of a class A or 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.

     (2) ((In counties with a population over three hundred thousand,)) The board shall issue a restricted class F license, authorizing the licensee to sell only table wine, if the board finds upon issuance or renewal of the license that the sale of fortified wine would be against the public interest.  In determining the public interest, the board shall consider at least the following factors:

     (a) The likelihood that the applicant will sell fortified wine to persons who are intoxicated;

     (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing fortified wine at the establishment; and

     (c) Whether the sale of fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

     If the board receives no evidence or objection that the sale of fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable.  The burden of establishing that the sale of fortified wine by the licensee would be against the public interest is on those persons objecting.

     (3) Licensees under this section whose business is primarily the sale of 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.