Z-232                 _______________________________________________

                                                   SENATE BILL NO. 3533

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Moore and Rasmussen; by Liquor Control Board request

Read first time 2/1/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to the sale and possession of alcoholic beverages by retail beer licensees and private parties; and amending RCW 66.12.120 and 66.28.070.

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

        Sec. 1.  Section 3, chapter 173, Laws of 1975 1st ex. sess. and RCW 66.12.120 are each amended to read as follows:

          Notwithstanding any other provision of Title 66 RCW, a person twenty-one years of age or over may ((be authorized by the board to)), free of tax and markup, for his or her personal or household use,  bring into the state of Washington from another state no more than once per calendar month up to two liters of spirits or wine and two hundred eighty-eight ounces of beer.  Additionally, the person may be authorized by the board to bring into the state of Washington from another state a reasonable amount of alcoholic beverages, in excess of the amount provided in this section, for personal or household use only upon payment of an equivalent markup and tax as would be applicable to the purchase of the same or similar liquor at retail from a state liquor store.  The board shall adopt appropriate regulations pursuant to chapter 34.04 RCW for the purpose of carrying into effect the provisions of this section.

        Sec. 2.  Section 23-H added to chapter 62, Laws of 1933 ex. sess. by section 1, chapter 217, Laws of 1937 and RCW 66.28.070 are each amended to read as follows:

          It shall be unlawful for any retail beer licensee to purchase beer, except from a duly licensed beer wholesaler, and it shall be unlawful for any brewer or beer wholesaler to purchase beer, except from a duly licensed beer wholesaler or beer importer.  However, nothing in this section prohibits a retail beer licensee from purchasing beer from a government agency which has seized the beer from a licensee of the board and nothing in this section prohibits a retail beer licensee from purchasing beer from a retail beer licensee who has discontinued business, other than as a result of legal distraint action, if the licensed beer wholesaler from whom the beer had originally been purchased refuses to accept return of the beer for refund and approval of the board is obtained.