WSR 10-21-038

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed October 13, 2010, 10:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-17-048.

Title of Rule and Other Identifying Information: Chapter 314-24 WAC, Domestic wineries and domestic wine distributors.

Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on December 1, 2010, at 10:00 a.m.

Date of Intended Adoption: December 8, 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 December 1, 2010.

Assistance for Persons with Disabilities: Contact Karen McCall by December 1, 2010, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules are needed to outline the requirements and conditions under which a distributor may charge a retailer a handling fee on bottles of wine purchased in quantities less than a full case.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.24.200.

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, Rules Coordinator, 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, Chief Enforcement, 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.

October 13, 2010

Sharon Foster

Chairman

OTS-3708.2


NEW SECTION
WAC 314-24-085   Split cases.   A wine distributor may collect a handling fee from retail licensees who order and receive wine in less than the smallest multiple-package case available. The handling fee must meet the following criteria:

(1) A wine distributor who elects to impose a handling fee for handling individual bottles of wine must impose an identical handling fee on every order for wine in less than the smallest multiple-package case, whether the retail licensee placing the order is purchasing wine for on-premises or off-premises consumption, and without regard to the total volume of wine purchased by the retail licensee.

(2) A distributor who elects to impose a handling fee for handling individual bottles of wine must impose an identical handling fee on each bottle of wine sold without regard to the price of the specific wine.

(3) A distributor who elects to impose a handling fee for handling individual bottles of wine must include on each invoice, information that identifies precisely what the handling fee is.

(4) No distributor who elects to impose a handling fee for handling individual bottles of wine may discriminate against any retail licensee or class of retail licensees.

(5) A distributor who elects to impose a handling fee for handling individual bottles of wine may cease imposing such fee at any time, but cannot reinstate such handling fee for at least six months thereafter.

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Washington State Code Reviser's Office