Supplemental Notice to WSR [13-07-031].

     Preproposal statement of inquiry was filed as WSR 12-12-013.

     Title of Rule and Other Identifying Information: Chapter 314-02 WAC, Requirements for retail liquor licensees and new section WAC 314-02-1071, was created for this rule.

     Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on June 26, 2013, at 10:00 a.m.

     Date of Intended Adoption: July 3, 2013.

     Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by June 26, 2013.

     Assistance for Persons with Disabilities: Contact Karen McCall by June 26, 2013, (360) 664-1631.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: RCW 66.24.630, created with the passing of Initiative 1183, require clarification on the definition of "trade area" to determine if a location for a spirits retail license in a location less than 10,000 square feet of retail space meets the requirements for the license.

     Revisions to the proposed rules were requested at the public hearing. The board is filing the supplemental CR-102 to include the revisions.

     Reasons Supporting Proposal: Rules will clarify the definition of "trade area" for those applicants wanting to open a spirits retail licensed location under 10,000 square feet. The law did not define "trade area."

     Statutory Authority for Adoption: RCW 66.08.030.

     Statute Being Implemented: RCW 66.24.630.

     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, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, 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 rule is to clarify RCW 66.24.630 (3)(c).

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

May 8, 2013

Sharon Foster

Chairman

OTS-5285.5

NEW SECTION
WAC 314-02-1071   What is "trade area"?   (1) "Trade area" as used in RCW 66.24.630 means an area where there is no spirits retail license within a twenty mile travel distance at the time of license application.

     (2) The board will use the following criteria when determining to accept a spirits retail license application where the proposed premises location is less than ten thousand square feet of fully enclosed retail space:

     (a) There is no spirits retail license holder or auction title holder within twenty travel miles at the time of license application; and

     (b) The board will determine travel distance by a publicly available mapping tool which may be accessed on the board's web site. The web address of this site at the time of rule adoption is http://wslcb.maps.arcgis.com/home/.

     (3) Former contract liquor stores and title holders by those who purchased a state store at auction are exempt from the ten thousand square foot minimum required by law. Should either choose to locate within an established trade area and they are in compliance with board relocation criteria, they may be issued a license.

     (4) The board may make an exception to the twenty mile travel distance for the following:

     (a) A spirits retail license application is for a location where the significant mode of travel is other than by automobile; and

     (b) A spirits retail application from a tribal entity located on tribal land.

[]