WSR 04-07-020

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed March 8, 2004, 2:36 p.m. ]

Date of Adoption: March 3, 2004.

Purpose: This rule making is at the request of a petition for rule making. The petitioners asked the Liquor Control Board to amend WAC 314-02-105 to eliminate the restriction that the eight-ounce per person sample limit for beer/wine specialty shops not be limited to four individual samples.

Citation of Existing Rules Affected by this Order: Amending WAC 314-02-105.

Statutory Authority for Adoption: RCW 66.08.030, 66.24.371.

Adopted under notice filed as WSR 04-02-075 on January 7, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

March 8, 2004

Merritt D. Long

Chair


AMENDATORY SECTION(Amending 00-07-091, filed 3/15/00, effective 4/15/00)

WAC 314-02-105   What is a beer and/or wine specialty store license?   (1) Per RCW 66.24.371, a beer and/or wine specialty store license allows a licensee to sell beer and/or wine for off-premises consumption.

(2) The annual fee for this license is one hundred dollars.

(3) To obtain and maintain a beer and/or wine specialty store license, the premises must be stocked with an inventory of beer and/or wine in excess of three thousand dollars wholesale value. This inventory must be:

(a) Stocked within the confines of the licensed premises; and

(b) Maintained on the premises at all times the premises is licensed, with the exception of beginning and closing inventory for seasonal operations or when the inventory is being sold out immediately prior to discontinuing or selling the business.

(4) A beer and/or wine specialty store licensee may allow customers to sample beer and wine for the purpose of sales promotion, if the primary business is the sale of beer and/or wine at retail. A licensee's gross retail sales of beer and/or wine must exceed fifty percent of all gross sales for the entire business. Sampling may be conducted under the following conditions:

(a) No more than a total of eight ounces of alcohol may be provided to a customer during any one visit to the premises;

(((a))) (b) Each sample must be two ounces or less; and

(((b) No more than four samples may be provided to a customer during any one visit to the premises; and))

(c) No more than one sample of any single brand and type of beer or wine may be provided to a customer during any one visit to the premises.

(5) A beer and/or wine specialty store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, 314-02-105, filed 3/15/00, effective 4/15/00.]

Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office