SENATE BILL REPORT

 

 

                                   EHB 2472

 

 

BYRepresentatives Cole, Smith, Prentice, Leonard, R. King, Walker, O'Brien, Winsley, Ferguson and Wang

 

 

Making changes in liquor administration.

 

 

House Committe on Commerce & Labor

 

 

Senate Committee on Economic Development & Labor

 

      Senate Hearing Date(s):February 12, 1990; February 19, 1990

 

Majority Report:  Do pass as amended.

      Signed by Senators Lee, Chairman; McMullen, Matson, Smitherman, Warnke, West, Williams.

 

      Senate Staff:Traci Anderson (786-7452)

                  February 19, 1990

 

 

  AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 19, 1990

 

BACKGROUND:

 

It is unlawful to sell liquor without a license or permit from the Liquor Control Board.  "Sell" is defined broadly to include supplying or distributing liquor, by any means whatsoever. Therefore, it is technically unlawful to give liquor as a gift.

 

A class H liquor license may be issued to restaurants, hotels, clubs, dining places at publicly owned civic centers, and other entities specified by law.  The license allows the sale of spirits by the individual glass.  Pitchers of beer and carafes of wine may also be sold, but multiple service containers of spiritous drinks are not allowed.

 

Current law prohibits persons from selling liquor without a license or permit from the Liquor Control Board.  Persons desiring to sell private liquor collections must sell through the board, paying an administrative fee.

 

Identification cards acceptable for proof of age to purchase liquor include active duty military identification cards.  Reserve identification cards are not acceptable.

 

When liquor is seized by a local law enforcement officer or the Washington State Patrol, the entity must report the seizure to the board and deliver the liquor to the board.  This provision has resulted in local law enforcement agencies having to store liquor until a board enforcement officer is available to receive it.

 

SUMMARY:

 

A person not licensed by the Liquor Control Board may give liquor to another person, also not licensed by the board, for personal use only.

 

Class H liquor licensees may sell spiritous liquor by the individual container, instead of by the individual glass.  An individual container shall contain no more individual drinks than the number of persons to be served.

 

"Liquor collector items" are defined as containers of beer, wine, and spiritous liquor which are of different and unique types or brands and/or which contain antique or rare vintage liquor.  A liquor collector or his or her estate may sell liquor collector items without obtaining a license or permit from the Liquor Control Board.  The seller must provide written notification to the board and must allow board inspection.  The board must respond within 15 days.  Liquor collector items may not be sold through licensed premises.

 

Military reserve duty identification cards are added to the list of identification cards acceptable for proof of age to purchase liquor.

 

The requirement that local law enforcement officers and the Washington State Patrol deliver seized liquor to the board is eliminated.  The reporting requirement is modified to require the entities to make reports on seized liquor to the board on a periodic basis.

 

Other housekeeping changes are made.

 

 

SUMMARY OF PROPOSED SENATE AMENDMENTS:

 

Changes are made in the alcohol content of table wines and fortified wines which make the state's definition of these wines consistent with federal guidelines.

 

Domestic wineries licensed by the state are allowed to ship wine of their own making out of the state for the purpose of making it into sparkling wine.  This wine may then be returned to the state to be sold by the domestic winery.  A domestic winery is considered to hold a wine importer's license for the purpose of carrying out such activity.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      available

 

Senate Committee - Testified: Bob Seeber, Restaurant Association; Carter Mitchell, Liquor Control Board