WSR 10-16-154

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed August 4, 2010, 10:38 a.m. , effective September 4, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 314-13-030.

Statutory Authority for Adoption: RCW 66.16.041 and 66.08.030.

Adopted under notice filed as WSR 10-13-178 on June 23, 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 4, 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