WSR 08-12-113

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed June 4, 2008, 11:08 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-06-103.

     Title of Rule and Other Identifying Information: Repeal of WAC 314-48-010 Transportation through the state -- Permit required.

     Hearing Location(s): Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on July 9, 2008, at 10:00 a.m.

     Date of Intended Adoption: July 23, 2008.

     Submit Written Comments to: Pam Madson, P.O. Box 43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov, fax (360) 704-4921, by July 16, 2008.

     Assistance for Persons with Disabilities: Contact Pam Madson by July 16, 2008, TTY (800) 885-2880 or (360) 664-1648.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal repeals a rule requiring a permit to transport liquor through the state. The permit application must include information on the route, the time and date of transfer, a description of the vehicle and a description of the liquor being transported. The permit limits the holder to certain described transport vehicles and to a specified type and amount of liquor. The permit and appropriate documentation must be carried in the vehicle and must be presented on request of appropriate authorities. The vehicle may be inspected. The permit must be mailed back to the board when the product reaches its destination. This rule no longer presents [represents] the agency practice. No permit is required and the agency has issued letters to concerned transporters stating that they may transport without a permit.

     Reasons Supporting Proposal: No permits are currently issued to those who transport liquor through the state to destinations outside the state. The alcohol being transported is not used or sold within the state. No rule is necessary.

     Statutory Authority for Adoption: RCW 66.08.030.

     Statute Being Implemented: Not applicable.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington state liquor control board, governmental.

     Name of Agency Personnel Responsible for Drafting: Pam Madson, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1648; Implementation and Enforcement: Debi Besser, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1668.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes only minor impact on businesses in the industry.

     A cost-benefit analysis is not required under RCW 34.05.328.

June 4, 2008

Lorraine Lee

Chairman

OTS-1534.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 314-48-010 Transportation through state -- Permit required.

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