WSR 10-13-178

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed June 23, 2010, 10:29 a.m. ]

Supplemental Notice to WSR 10-11-047.

Preproposal statement of inquiry was filed as WSR 10-07-088.

Title of Rule and Other Identifying Information: WAC 314-13-030 What method of payment can a retailer use to purchase spirituous liquor from the board?

Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on July 28, 2010, at 10:00 a.m.

Date of Intended Adoption: August 4, 2010.

Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by July 28, 2010.

Assistance for Persons with Disabilities: Contact Karen McCall by July 28, 2010, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the revision to WAC 314-13-030 is to implement RCW 66.16.041 in relation to the liquor control board accepting bank credit and debit cards for purchases of liquor. Also amended to reflect current practice for accepting checks.

Reasons Supporting Proposal: The revisions to this rule encompass current law and practice.

Statutory Authority for Adoption: RCW 66.16.041, 66.08.030.

Statute Being Implemented: RCW 66.16.041.

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: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation and Enforcement: John Redal, Retail Services, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1712.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not change the impact on liquor licensees.

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

June 23, 2010

Sharon Foster

Chairman

OTS-3126.4


AMENDATORY SECTION(Amending WSR 01-06-015, filed 2/26/01, effective 3/29/01)

WAC 314-13-030   What method of payment can a retailer use to purchase spirituous liquor from the board?   (1) Per RCW 66.16.040, retailers ((must)) may pay ((cash)) for spirituous liquor purchased from the board with any of the following:

(a) Cash;

(b) Establishment owner's personal or business check as long as checks are honored by the bank when presented and are not used as a device for obtaining or extending credit;

(c) Corporate credit card; or

(d) Licensee or establishment owner's bank debit card.

(2) ((For the purposes of this section, a check will be considered cash as long as the check is immediately made good when presented and is not used as a device for obtaining or extending credit. Therefore, state-run liquor stores will take certified checks from retailers for the purchase of spirituous liquor, and will take personal or company checks under the following conditions:

(a) Persons or entities that have held a liquor license for less than two years must supply the board a letter of credit from the bank in which the account is held.

(b) Persons or entities that have held a liquor license for two years or longer must either:

(i) Apply and be approved for a check acceptance agreement with the board, on a form provided by the board; or

(ii) Supply the board a letter of credit from the bank in which the account is held.

(3) Contract liquor stores may adopt the check acceptance policy outlined in this rule)) State liquor stores will accept corporate credit cards or licensee or establishment owner's bank debit cards under the following conditions:

(a) Licensees will provide the store with a current list of employees who have signature rights on a corporate credit card purchase. It is the licensee's responsibility to ensure the list is current.

(b) The credit card sales draft must be signed by a person on the signature rights list.

(c) The signature on the sales draft must match the signature on the signature rights list. If the signature does not match, photo identification will be requested. If the identity of the cardholder cannot be verified, the sale cannot be made unless another form of payment is used.

(d) The credit card sales draft must be signed in the liquor store.

[Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. 01-06-015, 314-13-030, filed 2/26/01, effective 3/29/01.]

Washington State Code Reviser's Office