BILL REQ. #:  H-3361.1 

Read first time 01/13/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to shipping spirits directly to consumers; and adding new sections to chapter 66.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The holder of any of the following licenses or certificates may ship spirits to a person who is a resident of Washington and is twenty-one years of age or older for that person's personal use and not for resale:
     (1) Spirits distributor license;
     (2) Spirits out-of-state certificate of approval holder;
     (3) Craft distillery license;
     (4) Distiller/rectifier license;
     (5) Spirits importer license;
     (6) Fruit and/or wine distiller license;
     (7) Liquor manufacturer license; or
     (8) Spirits retail license.

NEW SECTION.  Sec. 2   Before spirits may be shipped to a person who is a resident of Washington for that person's personal consumption, the shipper must obtain a spirits shipper's permit under procedures prescribed by the board by rule and pay a fee established by the board.

NEW SECTION.  Sec. 3   (1) An applicant for a spirits shipper's permit under section 2 of this act must:
     (a) Certify that it holds all necessary state and federal licenses and permits;
     (b) Provide the board a copy of its licenses and permits, if so requested;
     (c) Register with the department of revenue under RCW 82.32.030.
     (2) Holders of a spirits shipper's permit must:
     (a) Notify the board in a manner determined by the board before shipping any spirits to a Washington consumer; and
     (b) Pay the taxes under RCW 82.08.150 for sales of spirits to Washington state residents.

NEW SECTION.  Sec. 4   (1) A spirits shipper's permit holder must clearly label all spirits cases or outside shipping packages of spirits sent into or out of this state under this act to indicate that the package may not be delivered to a person under twenty-one years of age or to an intoxicated person.
     (2) A spirits shipper's permit holder must ensure that the private carrier used to deliver spirits:
     (a) Obtains the signature of the person who receives the spirits upon delivery;
     (b) Verifies the age of the recipient; and
     (c) Verifies that the recipient does not appear intoxicated at the time of delivery.

NEW SECTION.  Sec. 5   (1) A spirits shipper's permit holder must report to the board, on or before the twentieth day of each month, all shipments of spirits made during the preceding calendar month directly to Washington consumers under a spirits shipper's permit in effect for all or any portion of the preceding year. All reports will be on forms prescribed by the board.
     (2) A spirit shipper's permit holder who advertises or offers spirits for direct shipment to customers within this state must clearly and conspicuously display the permit or license number in its advertising.

NEW SECTION.  Sec. 6   Holders of a spirits shipper's permit are deemed to have consented to the jurisdiction of Washington concerning enforcement of this act and all laws, rules, and regulations related to the shipment of spirits directly to consumers. The privilege to ship directly to Washington consumers under a spirits shipper's permit shall be suspended or revoked if the permit holder fails to comply with the provisions of this act.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act are each added to chapter 66.20 RCW.