WSR 13-20-148 PERMANENT RULES LIQUOR CONTROL BOARD [Filed October 2, 2013, 11:27 a.m., effective November 2, 2013] Effective Date of Rule: Thirty-one days after filing.
Purpose: RCW 66.24.630, created with the passing of Initiative 1183, require[s] clarification on the definition of "trade area" to determine if a location for a spirits retail license in a location less than ten thousand square feet of retail space meets the requirements for the license.
Statutory Authority for Adoption: RCW 66.08.030.
Adopted under notice filed as WSR 13-17-111 on August 21, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 2, 2013.
Sharon Foster
Chairman
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 spirits retail license application is for a location where the significant mode of travel is other than by automobile.
|