WSR 16-19-105
PERMANENT RULES
LIQUOR AND CANNABIS
BOARD
[Filed September 21, 2016, 11:08 a.m., effective October 22, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule making is needed to clarify what discounts are and are not allowed between distributors and retailers.
Citation of Existing Rules Affected by this Order: Amending WAC 314-23-085.
Statutory Authority for Adoption: RCW 66.08.030.
Adopted under notice filed as WSR 16-15-034 on July 13, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: September 21, 2016.
Jane Rushford
Chairman
AMENDATORY SECTION (Amending WSR 15-19-130, filed 9/21/15, effective 10/22/15)
WAC 314-23-085 What type of discounts are not allowed?
The following types of discounts are not allowed. Please note that this list is representative and not inclusive of all practices that are not allowed:
(1) Volume discounts that violate local, state, or federal laws.
(2) Discounts on purchases over time. Prices must be based on the spirits or wine delivered in a single shipment ((or single invoice)).
(3) Discounts on a combined order that is delivered to multiple licensed sites. Volume discounts may only be provided based on combined orders by one or more licensees to the "central warehouse" or a single location to which the order is delivered. ((The delivery of product to multiple sites cannot be used in determining the volume discount for a combined order unless the order is delivered to multiple liquor licensed locations owned and operated by the same liquor licensed entity.))