WSR 10-17-046

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed August 11, 2010, 10:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-008.

Title of Rule and Other Identifying Information: Chapter 314-36 WAC, Liquor importers, public storage warehouses and importation of liquor.

Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on September 22, 2010, at 10:00 a.m.

Date of Intended Adoption: September 29, 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 September 22, 2010.

Assistance for Persons with Disabilities: Contact Karen McCall by September 22, 2010, (360) 664-1631.

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 314-36 WAC was reviewed for relevance, clarity, and accuracy.

Reasons Supporting Proposal: The rules needed to be revised to reflect current laws and policy.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.24.160.

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: Alan Rathbun, Director of Licensing, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Pat Parmer, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.

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

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

August 11, 2010

Sharon Foster

Chairman

OTS-3281.1


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-010   Sales between ((liquor)) importers.   One licensed ((liquor)) importer may sell to, or purchase from, or exchange with, another licensed ((liquor)) importer, ((intoxicating)) liquor for purposes of export only.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-010, filed 3/9/88; Rule 88, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-020   Liquor importation -- General.   (1) No liquor shall be imported into this state unless ((such)):

(a) Liquor ((be)) is consigned to the Washington state liquor control board; ((or unless such))

(b) Liquor ((be)) is consigned to a holder of a liquor, beer or wine importer's license and delivered at a public storage warehouse authorized by the Washington state liquor control board to store liquor((, or at)); or

(c) Liquor is consigned to the warehouse of the holder of the liquor, beer or wine importer's license in those cases where the board has authorized storage at such warehouse.

"Consigned" as used in this section means to turn over to another's control.

(2) No carrier shall accept or deliver liquor except in accordance with this regulation.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-020, filed 3/9/88. Statutory Authority: RCW 66.08.030 (1) and (2). 87-07-008 (Order 214, Resolution No. 223), 314-36-020, filed 3/10/87; Order 5, 314-36-020, filed 8/7/69, effective 9/8/69; Rule 89, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-040   Principal office -- Record.   (1) Each liquor, beer or wine importer shall establish and maintain a principal office within the state ((at which shall be kept)) where full and complete records are kept for three years of:

(a) All importations((,));

(b) All storage((,));

(c) All removals((,)); and

(d) All exportations of liquor((, such)).

(2) Records are to be kept in such manner and in such form as ((the board shall from time to time prescribe)) required by the board.

(3) Each liquor, beer or wine importer shall keep the board informed at all times of the location of such principal office.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-040, filed 3/9/88; Rule 91, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-060   Public storage warehouses.   (1) No public storage warehouse shall accept, receive, or store or otherwise handle any liquor, including beer or wine, without first obtaining from the Washington state liquor control board a letter of authorization ((so to do)).

(2) No consumption of liquor, including beer or wine, is allowed at public storage warehouses.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-060, filed 3/9/88; Order 5, 314-36-060, filed 8/7/69, effective 9/8/69; Rule 93, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-080   Authorization for private liquor storage warehouse.   ((Any)) A holder of a liquor, beer or wine importer's license, who maintains a storage warehouse ((exclusively for the storage of goods, wares or merchandise belonging to such holder,)) and who desires to store liquor imported under such liquor, beer or wine importer's license, shall apply to the board for a letter of authorization ((so to do. Such authorization shall be granted only upon such terms and conditions as the board shall from time to time prescribe)). If ((such)) authorization ((be)) is granted, ((such)) the warehouse shall ((thereafter)) be known as a private liquor storage warehouse.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-080, filed 3/9/88; Rule 95, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-090   Liquor shall be stored in original packages.   No shipments of liquor shall be accepted or stored in ((a private or public)) an approved storage warehouse except in original packages or combinations of original packages as authorized by the board.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-090, filed 3/9/88; Order 5, 314-36-090, filed 8/7/69, effective 9/8/69; Rule 96, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-100   Removal of liquor.   (1) No liquor importer or public storage warehouse shall ((be removed)) remove liquor from any storage warehouse, ((either public or private,)) except:

(a) For sale and delivery to the board ((or));

(b) For export from the state((, or));

(c) For delivery to persons, firms or corporations authorized by Title 66 RCW to receive such liquor products((: Provided, however, That)); or

(d) Liquor may be removed from an authorized private liquor storage warehouse to ((a)) an authorized public storage warehouse((, or may be removed from one authorized public storage warehouse to another authorized public storage warehouse, or may be removed from an authorized public storage warehouse to the authorized private liquor storage warehouse of the owner of the liquor. Liquor, beer or wine importers may remove liquor for sample purposes only, but only after permission thereto has been specifically granted by the board or its accredited representatives)).

(2) Any and all removals of liquor must be made in full compliance with the Washington state liquor laws((, Title 66 RCW (Alcoholic beverage control),)) and the rules ((and regulations)) of the board.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-100, filed 3/9/88. Statutory Authority: RCW 66.08.030 (1) and (2). 87-07-008 (Order 214, Resolution No. 223), 314-36-100, filed 3/10/87; Order 5, 314-36-100, filed 8/7/69, effective 9/8/69; Rule 97, filed 6/13/63.]


AMENDATORY SECTION(Amending Order 238, Resolution No. 247, filed 3/9/88)

WAC 314-36-130   Complete records kept.   (1) Each public storage warehouse shall keep full and complete records showing:

(a) All liquor received for storage((, together with)); and

(b) All removals and exportations ((thereof, such records to be kept in such manner and in such form as the board shall prescribe, and in case of removal, releases or shipments, shall)).

(2) Records shall preserve for ((two)) three years, ((subject to the order of the board,)) all bills of lading or certified copies thereof, and all authorizations of the board for withdrawals of samples.

[Statutory Authority: RCW 66.08.030. 88-07-025 (Order 238, Resolution No. 247), 314-36-130, filed 3/9/88; Rule 100, filed 6/13/63.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 314-36-030 Importation by licensed liquor importer.
WAC 314-36-050 Customs bonded locker.
WAC 314-36-070 Storage of liquor.
WAC 314-36-110 Release of liquor.
WAC 314-36-150 Special importation permit.

Washington State Code Reviser's Office