PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-22-093.
Title of Rule: WAC 314-02-105 Sampling in beer/wine specialty shops.
Purpose: This rule making is at the request of a petition for rule making. The petitioners would like 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.
Statutory Authority for Adoption: RCW 66.08.030, 66.24.371.
Statute Being Implemented: RCW 66.24.371.
Summary: This rule change would eliminate the restriction that the eight-ounce per person sample limit for beer/wine specialty shops not be limited to four individual samples.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648; Implementation: Lorraine Lee, Licensing and Regulation Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1600; and Enforcement: Rick Phillips, Enforcement and Education Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1600.
Name of Proponent: Washington Wine Institute; Pay Zyck, owner, Washington Wine Warehouse, private.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: Would amend WAC 314-02-105 Sampling in beer/wine specialty shops, to eliminate the restriction that the eight-ounce per person sample limit for beer/wine specialty shops not be limited to four individual samples. This would keep the overall eight-ounce limit, but not limit it to four individual samples.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No disproportionate impact to small businesses.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in RCW 34.05.328.
Hearing Location: Liquor Control Board Headquarters, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on February 18, 2004, at 10 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by February 17, 2004, TDD (360) 586-4727 or (360) 664-1648.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, fax (360) 664-9689, by February 25, 2004.
Date of Intended Adoption: March 3, 2004.
January 7, 2004
Merritt D. Long
Chair
(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
(((c) 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 typographical error 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.