WSR 08-16-137

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed August 6, 2008, 11:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-06-105.

Title of Rule and Other Identifying Information: Repeal WAC 314-76-010 Special order of liquor by customers; and new sections WAC 314-76-015 What is the purpose of this chapter?, 314-76-020 Who may special order liquor from the board?, 314-76-025 What liquor products may be special ordered?, 314-76-030 Are there special requirements for a special order?, and 314-76-035 How does an individual place a special order?

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

Date of Intended Adoption: October 20, 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 September 15, 2008.

Assistance for Persons with Disabilities: Contact Pam Madson by September 15, 2008, TTY (800) 885-2880 or (360) 664-1648.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of the liquor control board's on-going rules review process, chapter 314-76 WAC is being reviewed for relevance, clarity, and accuracy. The proposed rules reflect current agency practices and more clearly provide direction to individuals who order liquor from the board that is not currently available in the state's retail liquor stores.

Reasons Supporting Proposal: The existing rule included process requirements that are no longer relevant and need to be eliminated. Clarification of the existing process will benefit those requesting special orders.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.08.030, 66.08.050, and 66.16.010.

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) 664-1688.

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

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

August 6, 2008

Lorraine Lee

Chairman

OTS-1588.4

Chapter 314-76 WAC

PROCESSING SPECIAL ORDERS OF LIQUOR FROM THE BOARD


NEW SECTION
WAC 314-76-015   What is the purpose of this chapter?   The purpose of this chapter is to describe the process for obtaining liquor from the board that is not regularly available through the board's retail stores. This process is known as a special order.

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NEW SECTION
WAC 314-76-020   Who may special order liquor from the board?   (1) An individual who is twenty-one years of age or older may request a special order for liquor from the board. The liquor must be for his or her personal use and not for resale.

(2) A person licensed to sell liquor by the drink at retail to customers at the person's licensed premises may request a special order for liquor from the board.

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NEW SECTION
WAC 314-76-025   What liquor products may be special ordered?   (1) Liquor products, except industrial alcohol, available for wholesale purchase in the United States may be available in the state of Washington through a special order at the discretion of the board.

(2) All liquor products must have federal label approval. Wine and beer products must have Washington state label approval.

(3) Special order requests will be subject to a supplier's minimum order quantity, typically one full case of product.

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NEW SECTION
WAC 314-76-030   Are there special requirements for a special order?   The board may require prepayment or a deposit from a customer for a special order. All sales of special ordered items are final and may not be returned to the board, unless the product is defective.

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NEW SECTION
WAC 314-76-035   How does an individual place a special order?   A special order must be placed through a state or contract liquor store or directly to the board's purchasing division. Products must be picked up at the designated state or contract liquor store.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 314-76-010 Special order of liquor by customers.

Washington State Code Reviser's Office