H-3312              _______________________________________________

                                                   HOUSE BILL NO. 1378

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Wang, Patrick, R. King, Cole, O'Brien, Chandler, Ebersole, Sayan, Fisher, J. Williams, Fisch and P. King

Prefiled with Chief Clerk 1/10/86.  Read first of 1/13/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to liquor control regulation of language; amending RCW 66.08.050; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature recognizes that the state's regulatory role over liquor matters is necessarily broad, but desires regulation to be more restrained when free speech is involved.  The legislature believes that governmental tolerance of ideas characterizes the American democracy and that speech should be accorded due respect.

        Sec. 2.  Section 69, chapter 62, Laws of 1933 ex. sess. as last amended by section 1, chapter 160, Laws of 1983 and RCW 66.08.050 are each amended to read as follows:

          The board, subject to the provisions of this title and the regulations, shall

          (1) determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;

          (2) appoint in cities and towns and other communities, in which no state liquor store is located, liquor vendors.  Such liquor vendors shall be agents of the board and be authorized to sell liquor to such persons, firms or corporations as provided for the sale of liquor from a state liquor store, and such vendors shall be subject to such additional rules and regulations consistent with this title as the board may require;

          (3) establish all necessary warehouses for the storing and bottling, diluting and rectifying of stocks of liquors for the purposes of this title;

          (4) provide for the leasing for periods not to exceed ten years of all premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by the lessee.  The terms of such leases in all other respects shall be subject to the direction of the board;

          (5) determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this title;

          (6) execute or cause to be executed, all contracts, papers, and documents in the name of the board, under such regulations as the board may fix;

          (7) pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the board;

          (8) require bonds from all employees in the discretion of the board, and to determine the amount of fidelity bond of each such employee;

          (9) perform services for the state lottery commission to such extent, and for such compensation, as may be mutually agreed upon between the board and the commission;

          (10) perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor:  PROVIDED, That the board shall have no authority to regulate the content of spoken language on licensed premises where there is not a clear and present danger of disorderly conduct being provoked by such language.