5776-S AMH CL H2813.1
SSB 5776 - H COMM AMD Failed 4-28-91
By Committee on Commerce & Labor
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 66.04.010 and 1987 c 386 s 3 are each amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Agency" means the liquor control agency, the state agency established under section 2 of this act.
(2) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.
(((2)))
(3) "Beer" means any malt beverage or malt liquor as these
terms are defined in this chapter.
(((3)))
(4) "Brewer" means any person engaged in the business of
manufacturing beer and malt liquor.
(((4)))
(5) "Board" means the liquor control board, the rule-making
and quasi-judicial body constituted under this title.
(((5)))
(6) "Club" means an organization of persons, incorporated or
unincorporated, operated solely for fraternal, benevolent, educational,
athletic or social purposes, and not for pecuniary gain.
(((6)))
(7) "Consume" includes the putting of liquor to any use,
whether by drinking or otherwise.
(((7)))
(8) "Dentist" means a practitioner of dentistry duly and
regularly licensed and engaged in the practice of his or her profession
within the state pursuant to chapter 18.32 RCW.
(((8)))
(9) "Director" means the director of the liquor control agency.
(10) "Distiller" means a person engaged in the business of distilling spirits.
(((9)))
(11) "Druggist" means any person who holds a valid certificate
and is a registered pharmacist and is duly and regularly engaged in carrying on
the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.
(((10)))
(12) "Drug store" means a place whose principal business is,
the sale of drugs, medicines and pharmaceutical preparations and maintains a
regular prescription department and employs a registered pharmacist during all
hours the drug store is open.
(((11)))
(13) "Employee" means any person employed by the ((board))
director, including a vendor, as hereinafter in this section defined.
(((12)))
(14) "Fund" means 'liquor revolving fund.'
(((13)))
(15) "Hotel" means every building or other structure kept,
used, maintained, advertised or held out to the public to be a place where food
is served and sleeping accommodations are offered for pay to transient guests,
in which twenty or more rooms are used for the sleeping accommodation of such
transient guests and having one or more dining rooms where meals are served to
such transient guests, such sleeping accommodations and dining rooms being
conducted in the same building and buildings, in connection therewith, and such
structure or structures being provided, in the judgment of the board, with
adequate and sanitary kitchen and dining room equipment and capacity, for
preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER,
That in cities and towns of less than five thousand population, the board shall
have authority to waive the provisions requiring twenty or more rooms. Hotels
licensed to sell liquor shall have signs posted in conspicuous locations
throughout the establishment warning women of the potential hazards associated
with the consumption of alcohol when pregnant. These signs shall be in a size
and form that are easily readable by all customers.
(((14)))
(16) "Imprisonment" means confinement in the county jail.
(((15)))
(17) "Liquor" includes the four varieties of liquor herein
defined (alcohol, spirits, wine and beer), and all fermented, spirituous,
vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of
which is fermented, spirituous, vinous or malt liquor, or otherwise
intoxicating; and every liquid or solid or semisolid or other substance,
patented or not, containing alcohol, spirits, wine or beer, and all drinks or
drinkable liquids and all preparations or mixtures capable of human consumption,
and any liquid, semisolid, solid, or other substance, which contains more than
one percent of alcohol by weight shall be conclusively deemed to be
intoxicating. Liquor does not include confections or food products that
contain one percent or less of alcohol by weight.
(((16)))
(18) "Manufacturer" means a person engaged in the preparation
of liquor for sale, in any form whatsoever.
(((17)))
(19) "Malt beverage" or "malt liquor" means any
beverage such as beer, ale, lager beer, stout, and porter obtained by the
alcoholic fermentation of an infusion or decoction of pure hops, or pure
extract of hops and pure barley malt or other wholesome grain or cereal in pure
water containing not more than eight percent of alcohol by weight, and not less
than one-half of one percent of alcohol by volume. For the purposes of this
title, any such beverage containing more than eight percent of alcohol by
weight shall be referred to as "strong beer."
(((18)))
(20) "Package" means any container or receptacle used for
holding liquor.
(((19)))
(21) "Permit" means a permit for the purchase of liquor under
this title.
(((20)))
(22) "Person" means an individual, copartnership, association,
or corporation.
(((21)))
(23) "Physician" means a medical practitioner duly and
regularly licensed and engaged in the practice of his or her profession
within the state pursuant to chapter 18.71 RCW.
(((22)))
(24) "Prescription" means a memorandum signed by a physician
and given by him or her to a patient for the obtaining of liquor
pursuant to this title for medicinal purposes.
(((23)))
(25) "Public place" includes streets and alleys of
incorporated cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and grounds adjacent
thereto; those parts of establishments where beer may be sold under this title,
soft drink establishments, public buildings, public meeting halls, lobbies,
halls and dining rooms of hotels, restaurants, theatres, stores, garages and
filling stations which are open to and are generally used by the public and to
which the public is permitted to have unrestricted access; railroad trains,
stages, and other public conveyances of all kinds and character, and the depots
and waiting rooms used in conjunction therewith which are open to unrestricted
use and access by the public; publicly owned bathing beaches, parks, and/or
playgrounds; and all other places of like or similar nature to which the
general public has unrestricted right of access, and which are generally used
by the public.
(((24)))
(26) "Regulations" or "rules" means ((regulations
made)) rules adopted pursuant to chapter 34.05 RCW by the board
under the powers conferred by this title.
(((25)))
(27) "Restaurant" means any establishment provided with
special space and accommodations where, in consideration of payment, food,
without lodgings, is habitually furnished to the public, not including drug
stores and soda fountains. Restaurants licensed to sell liquor shall have
signs posted in conspicuous locations throughout the establishment warning
women of the potential hazards associated with the consumption of alcohol when
pregnant. These signs shall be in a size and form that are easily readable by
all customers.
(((26)))
(28) "Sale" and "sell" include exchange, barter, and
traffic; and also include the selling or supplying or distributing, by any
means whatsoever, of liquor, or of any liquid known or described as beer or by
any name whatever commonly used to describe malt or brewed liquor or of wine,
by any person to any person; and also include a sale or selling within the
state to a foreign consignee or his or her agent in the state. "Sale"
and "sell" does not include the giving, at no charge, of a reasonable
amount of liquor by a person not licensed by the board to a person not licensed
by the board, for personal use only. "Sale" and "sell"
also does not include a raffle authorized under RCW 9.46.0315, if the nonprofit
organization conducting the raffle has obtained the appropriate permit from the
board.
(((27)))
(29) "Soda fountain" means a place especially equipped with
apparatus for the purpose of dispensing soft drinks, whether mixed or
otherwise.
(((28)))
(30) "Spirits" means any beverage which contains alcohol
obtained by distillation, including wines exceeding twenty-four percent of
alcohol by volume.
(((29)))
(31) "Store" means a state liquor store established under this
title.
(((30)))
(32) "Tavern" means any establishment with special space and
accommodation for sale by the glass and for consumption on the premises, of
beer, as herein defined. Taverns licensed to sell liquor shall have signs
posted in conspicuous locations throughout the establishment warning women of
the potential hazards associated with the consumption of alcohol when
pregnant. These signs shall be in a size and form that are easily readable by
all customers.
(((31)))
(33) "Vendor" means a person employed by the ((board)) liquor
control agency as a store manager under this title.
(((32)))
(34) "Winery" means a business conducted by any person for the
manufacture of wine for sale, other than a domestic winery.
(((33)))
(35) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
(((34)))
(36) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, et cetera) or other
agricultural product containing sugar, to which any saccharine substances may
have been added before, during or after fermentation, and containing not more
than twenty-four percent of alcohol by volume, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel and angelica, not exceeding
twenty-four percent of alcohol by volume and not less than one-half of one
percent of alcohol by volume. For purposes of this title, any beverage
containing ((less)) no more than fourteen percent of alcohol by
volume when bottled or packaged by the manufacturer shall be referred to as
"table wine," and any beverage containing alcohol in an amount ((equal
to or)) more than fourteen percent by volume when bottled or packaged by
the manufacturer shall be referred to as "fortified wine." However,
"fortified wine" shall not include: (a) Wines that are both sealed
or capped by cork closure and aged two years or more; and (b) wines that
contain more than fourteen percent ((or more)) alcohol by volume
solely as a result of the natural fermentation process and that have not been
produced with the addition of wine spirits, brandy, or alcohol.
This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."
(((35)))
(37) "Beer wholesaler" means a person who buys beer from a
brewer or brewery located either within or beyond the boundaries of the state
for the purpose of selling the same pursuant to this title, or who represents
such brewer or brewery as agent.
(((36)))
(38) "Wine wholesaler" means a person who buys wine from a
vintner or winery located either within or beyond the boundaries of the state
for the purpose of selling the same not in violation of this title, or who
represents such vintner or winery as agent."
"NEW SECTION. Sec. 2. A new section is added to chapter 66.08 RCW to read as follows:
There is an agency of state government known as the "Washington state liquor control agency."
The executive head of the liquor control agency is the director. The director is appointed by, and serves at the pleasure of, the governor. The appointment of the director is subject to confirmation by the senate. The director is paid a salary to be fixed by the governor in accordance with RCW 43.03.040. The director shall have management experience in a public agency and a business enterprise."
"NEW SECTION. Sec. 3. All powers, duties, and functions vested by law in the liquor control board are transferred to the director of the liquor control agency, except those powers, duties, and functions which are expressly directed to remain with the board. This transfer shall take place January 1, 1992. This act does not create a new agency, but renames the Washington State liquor control board and provides for a new administrative structure within the renamed agency."
"Sec. 4. RCW 66.08.012 and 1961 c 307 s 7 are each amended to read as follows:
There
shall be a board, known as the "Washington state liquor control
board," consisting of ((three)) five members, to be
appointed by the governor, with the consent of the senate, who shall each be ((paid
an annual salary to be fixed by the governor in accordance with the provisions
of RCW 43.03.040)) compensated in accordance with RCW 43.03.250 and
shall be reimbursed for subsistence and mileage in accordance with RCW
43.03.050 and 43.03.060. The governor may, in his or her
discretion, appoint one of the members as ((chairman)) chair of
the board, and a majority of the members shall constitute a quorum of the
board. The board shall meet once a month or at such times as the chair may
designate."
"Sec. 5. RCW 66.08.014 and 1986 c 105 s 1 are each amended to read as follows:
(1) The members of the board to be appointed after December 2, 1948, shall be appointed for terms beginning January 15, 1949, and expiring as follows: One member of the board for a term of three years from January 15, 1949; one member of the board for a term of six years from January 15, 1949; and one member of the board for a term of nine years from January 15, 1949. Each of the members of the board appointed hereunder shall hold office until his or her successor is appointed and qualified. After June 11, 1986, the term that began on January 15, 1985, will end on January 15, 1989, the term beginning on January 15, 1988, will end on January 15, 1993, and the term beginning on January 15, 1991, will end on January 15, 1997. Thereafter, upon the expiration of the term of any member appointed after June 11, 1986, each succeeding member of the board shall be appointed and hold office for the term of six years. The unexpired terms of board members serving on the effective date of this act shall be completed by members appointed to serve part time after the effective date of this act. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs. No vacancy in the membership of the board shall impair the right of the remaining member or members to act, except as herein otherwise provided.
(2)
The principal office of the ((board)) liquor control agency shall
be at the state capitol, and it may establish such other offices as it may deem
necessary.
(3) Any member of the board may be removed for inefficiency, malfeasance or misfeasance in office, upon specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the board by the tribunal shall disqualify such member for reappointment.
(4)
Each member of the board shall ((devote his entire time to the duties of his
office)) serve part time and no member of the board shall hold any
other public office. Before entering upon the duties of his or her office,
each of ((said)) the members of the board shall enter into a
surety bond executed by a surety company authorized to do business in this
state, payable to the state of Washington, to be approved by the governor in
the penal sum of fifty thousand dollars conditioned upon the faithful
performance of his or her duties, and shall take and subscribe to the
oath of office prescribed for elective state officers, which oath and bond
shall be filed with the secretary of state. The premium for ((said)) the
bond shall be paid by the ((board)) liquor control agency."
"Sec. 6. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended to read as follows:
The
administration of this title, including the general control, management,
and supervision of all liquor stores, shall be vested in the ((liquor
control board, constituted under this title.)) director, who shall carry
out this administrative function in accordance with the rules adopted by the
board.
In addition to any other powers granted or transferred to the director, the director shall have the following powers and duties as may be necessary to carry out the purposes of this title:
(1) Supervise and administer the operations of the liquor control agency in accordance with the provisions of this title;
(2) Appoint personnel and prescribe their duties;
(3) Enter into contracts on behalf of the agency;
(4) Accept and expend donations, grants, or other funds;
(5) Delegate powers, duties, and functions of the liquor control agency to employees of the agency as the director deems necessary to ensure efficient administration;
(6) Appoint advisory committees and undertake studies, research, and analysis necessary to support activities of the agency; and
(7) Perform such other duties as are consistent with this title."
"Sec. 7. RCW 66.08.030 and 1977 ex.s. c 115 s 1 are each amended to read as follows:
(1)
For the purpose of carrying into effect the provisions of this title according
to their true intent or of supplying any deficiency therein, the board may make
such ((regulations)) rules not inconsistent with the spirit of
this title as are deemed necessary or advisable. All ((regulations)) rules
so made shall be a public record and shall be filed in the office of the code
reviser, and thereupon shall have the same force and effect as if incorporated
in this title. Such ((regulations)) rules, together with a copy
of this title, shall be published in pamphlets and shall be distributed as
directed by the board.
(2)
Without thereby limiting the generality of the provisions contained in
subsection (1) of this section, it is declared that the power of the
board to make ((regulations)) rules in the manner set out in that
subsection shall extend to:
(a)
((regulating the equipment and management of stores and warehouses in which
state liquor is sold or kept, and prescribing the books and records to be kept
therein and the reports to be made thereon to the board;
(b)
prescribing the duties of the employees of the board, and regulating their
conduct in the discharge of their duties;
(c))) Governing
the purchase of liquor by the state and the furnishing of liquor to stores
established under this title;
(((d)))
(b) Determining the classes, varieties, and brands of liquor to be kept
for sale at any store;
(((e)))
(c) Prescribing, subject to RCW 66.16.080, the hours during which the
state liquor stores shall be kept open for the sale of liquor;
(((f)))
(d) Providing for the issuing and distributing of price lists showing
the price to be paid by purchasers for each variety of liquor kept for sale
under this title;
(((g)))
(e) Prescribing an official seal and official labels and stamps and
determining the manner in which they shall be attached to every package of
liquor sold or sealed under this title, including the prescribing of different
official seals or different official labels for different classes of liquor;
(((h)))
(f) Providing for the payment by the ((board)) liquor control
agency in whole or in part of the carrying charges on liquor shipped by
freight or express;
(((i)))
(g) Prescribing forms to be used for purposes of this title or the ((regulations))
rules, and the terms and conditions to be contained in permits and
licenses issued under this title;
(((j)))
(h) Prescribing the fees payable in respect of permits and licenses
issued under this title for which no fees are prescribed in this title, and
prescribing the fees for anything done or permitted to be done under the ((regulations))
rules;
(((k)))
(i) Prescribing the kinds and quantities of liquor which may be kept on
hand by the holder of a special permit for the purposes named in the permit,
regulating the manner in which the same shall be kept and disposed of, and
providing for the inspection of the same at any time at the instance of the
board;
(((l)))
(j) Regulating the sale of liquor kept by the holders of licenses which
entitle the holder to purchase and keep liquor for sale;
(((m)))
(k) Prescribing the records of purchases or sales of liquor kept by the
holders of licenses, and the reports to be made thereon to the board, and
providing for inspection of the records so kept;
(((n)))
(l) Prescribing the kinds and quantities of liquor for which a prescription
may be given, and the number of prescriptions which may be given to the same
patient within a stated period;
(((o)))
(m) Prescribing the manner of giving and serving notices required by
this title or the ((regulations)) rules, where not otherwise
provided for in this title;
(((p)))
(n) Regulating premises in which liquor is kept for export from the
state, or from which liquor is exported, prescribing the books and records to
be kept therein and the reports to be made thereon to the board, and providing
for the inspection of the premises and the books, records and the liquor so
kept;
(((q)))
(o) Prescribing the conditions and qualifications requisite for the
obtaining of club licenses and the books and records to be kept and the returns
to be made by clubs, prescribing the manner of licensing clubs in any
municipality or other locality, and providing for the inspection of clubs;
(((r)))
(p) Prescribing the conditions, accommodations, and
qualifications requisite for the obtaining of licenses to sell beer and wines,
and regulating the sale of beer and wines thereunder;
(((s)))
(q) Specifying and regulating the time and periods when, and the manner,
methods, and means by which manufacturers shall deliver liquor within
the state; and the time and periods when, and the manner, methods, and
means by which liquor may lawfully be conveyed or carried within the state;
(((t)))
(r) Providing for the making of returns by brewers of their sales of
beer shipped within the state, or from the state, showing the gross amount of
such sales and providing for the inspection of brewers' books and records, and
for the checking of the accuracy of any such returns;
(((u)))
(s) Providing for the making of returns by the wholesalers of beer whose
breweries are located beyond the boundaries of the state;
(((v)))
(t) Providing for the making of returns by any other liquor
manufacturers, showing the gross amount of liquor produced or purchased, the
amount sold within and exported from the state, and to whom so sold or
exported, and providing for the inspection of the premises of any such liquor
manufacturers, their books and records, and for the checking of any such
return;
(((w)))
(u) Providing for the giving of fidelity bonds by any or all of the
employees of the ((board)) liquor control agency: PROVIDED, That
the premiums therefor shall be paid by the ((board)) agency;
(((x)))
(v) Providing for the shipment by mail or common carrier of liquor to
any person holding a permit and residing in any unit which has, by election
pursuant to this title, prohibited the sale of liquor therein;
(((y)))
(w) Prescribing methods of manufacture, conditions of sanitation,
standards of ingredients, quality, and identity of alcoholic beverages
manufactured, sold, bottled, or handled by licensees and the ((board)) liquor
control agency; and conducting from time to time, in the interest of the
public health and general welfare, scientific studies and research relating to
alcoholic beverages and the use and effect thereof; and
(((z)))
(x) Seizing, confiscating, and destroying all alcoholic beverages
manufactured, sold, or offered for sale within this state which do not
conform in all respects to the standards prescribed by this title or the ((regulations))
rules of the board: PROVIDED, Nothing ((herein contained)) in
this section shall be construed as authorizing the liquor board to
prescribe, alter, limit, or in any way change the present law as to the
quantity or percentage of alcohol used in the manufacturing of wine or other
alcoholic beverages."
"Sec. 8. RCW 66.08.050 and 1986 c 214 s 2 are each amended to read as follows:
The board, subject to the provisions of this title and the regulations, shall:
(1) Determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;
(2)
Appoint in cities and towns and other communities, in which no state
liquor store is located, liquor vendors. Such liquor vendors shall be agents
of the ((board)) liquor control agency and be authorized to sell
liquor to such persons, firms, or corporations as provided for the sale
of liquor from a state liquor store, and such vendors shall be subject to such
additional rules and regulations consistent with this title as the board may
require; and
(3)
((establish all necessary warehouses for the storing and bottling, diluting
and rectifying of stocks of liquors for the purposes of this title;
(4)
provide for the leasing for periods not to exceed ten years of all premises
required for the conduct of the business; and for remodeling the same, and the
procuring of their furnishings, fixtures, and supplies; and for obtaining
options of renewal of such leases by the lessee. The terms of such leases in
all other respects shall be subject to the direction of the board;
(5))) Determine
the nature, form and capacity of all packages to be used for containing liquor
kept for sale under this title((;
(6)
execute or cause to be executed, all contracts, papers, and documents in the
name of the board, under such regulations as the board may fix;
(7)
pay all customs, duties, excises, charges and obligations whatsoever relating
to the business of the board;
(8)
require bonds from all employees in the discretion of the board, and to
determine the amount of fidelity bond of each such employee;
(9)
perform services for the state lottery commission to such extent, and for such
compensation, as may be mutually agreed upon between the board and the
commission;
(10)
perform all other matters and things, whether similar to the foregoing or not,
to carry out the provisions of this title, and shall have full power to do each
and every act necessary to the conduct of its business, including all buying,
selling, preparation and approval of forms, and every other function of the
business whatsoever, subject only to audit by the state auditor: PROVIDED,
That the board shall have no authority to regulate the content of spoken
language on licensed premises where wine and other liquors are served and where
there is not a clear and present danger of disorderly conduct being provoked by
such language)). In addition to these responsibilities,
the final decision in any adjudicative proceeding commenced under RCW 66.08.150
or chapter 34.05 RCW shall be made by the board."
"NEW SECTION. Sec. 9. A new section is added to chapter 66.08 RCW to read as follows:
The director, subject to the provisions of this title and the rules of the board, shall:
(1) Establish all necessary warehouses for the storing and bottling, diluting and rectifying of stocks of liquors for the purposes of this title;
(2) Provide for the leasing for periods not to exceed ten years of all premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by the lessee. The terms of such leases in all other respects shall be subject to the direction of the director;
(3) Execute or cause to be executed, all contracts, papers, and documents in the name of the agency, under such rules as the board may fix;
(4) Pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the agency;
(5) Require bonds from all employees in the discretion of the director, and to determine the amount of fidelity bond of each such employee;
(6) Perform services for the state lottery commission to such extent, and for such compensation, as may be mutually agreed upon between the director and the commission; and
(7) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor: PROVIDED, That the director shall have no authority to regulate the content of spoken language on licensed premises where wine and other liquors are served and where there is not a clear and present danger of disorderly conduct being provoked by such language."
"NEW SECTION. Sec. 10. A new section is added to chapter 66.08 RCW to read as follows:
The director shall prepare, update, and execute an integrated liquor plan that is not in conflict with the rules adopted by the board and that includes, but is not limited to, the following elements:
(1) A program to achieve efficiencies and ensure operational integration of regulatory, merchandising, and administrative services;
(2) A program of public and consumer information and coordination with other public agencies and private organizations that emphasizes alcohol abuse prevention and responsible consumption; and
(3) A strategy for implementation of the plan."
"Sec. 11. RCW 66.08.150 and 1989 c 175 s 122 are each amended to read as follows:
The
action, order, or decision of the ((board)) director as to any
denial of an application for the reissuance of a permit or license or as to any
revocation, suspension, or modification of any permit or license shall be an
adjudicative proceeding and subject to the applicable provisions of chapter
34.05 RCW. The final decision in any adjudicative proceeding commenced
under this section or chapter 34.05 RCW shall be made by the board.
(1) An opportunity for a hearing may be provided an applicant for the reissuance of a permit or license prior to the disposition of the application, and if no such opportunity for a prior hearing is provided then an opportunity for a hearing to reconsider the application must be provided the applicant.
(2) An opportunity for a hearing must be provided a permittee or licensee prior to a revocation or modification of any permit or license and, except as provided in subsection (4) of this section, prior to the suspension of any permit or license.
(3) No hearing shall be required until demanded by the applicant, permittee, or licensee.
(4)
The ((board)) director may summarily suspend a license or permit
for a period of up to thirty days without a prior hearing if it finds that
public health, safety, or welfare imperatively require emergency action, and
incorporates a finding to that effect in its order; and proceedings for
revocation or other action must be promptly instituted and determined."
"Sec. 12. RCW 66.24.170 and 1982 c 85 s 4 are each amended to read as follows:
(1) There shall be a license to domestic wineries; fee to be computed only on the liters manufactured: One hundred thousand liters or less per year, one hundred dollars per year; over one hundred thousand liters to seven hundred fifty thousand liters per year, four hundred dollars per year; and over seven hundred fifty thousand liters per year, eight hundred dollars per year.
(2) Any applicant for a domestic winery license shall, at the time of filing application for license, accompany such application with a license fee based upon a reasonable estimate of the amount of wine liters to be manufactured by such applicant. Persons holding domestic winery licenses shall report annually at the end of each fiscal year, at such time and in such manner as the board may prescribe, the amount of wine manufactured by them during the fiscal year. If the total amount of wine manufactured during the year exceeds the amount permitted annually by the license fee already paid the board, the licensee shall pay such additional license fee as may be unpaid in accordance with the schedule provided in this section.
(3)
Any domestic winery licensed under this section shall also be considered as
holding, for the purposes of selling or importing wine((s)) of
its own production, a current wine wholesaler's license under RCW 66.24.200,
a wine importer's license under RCW 66.24.204, and a wine retailer's
license, class F, under RCW 66.24.370 without further application or fee. Any
winery operating as a wholesaler, importer, or retailer under this
subsection shall comply with the applicable laws and rules relating to ((such))
wholesalers, importers, and retailers.
(4) Wine produced in Washington state by a domestic winery licensee may be shipped out‑of‑state for the purpose of making it into sparkling wine and then returned to such licensee for resale. Such wine shall be deemed wine manufactured in the state of Washington for the purposes of RCW 66.24.206, and shall not require a special license."
"Sec. 13. RCW 66.24.210 and 1989 c 271 s 501 are each amended to read as follows:
(1) There is hereby imposed upon all wines sold to wine wholesalers and the Washington state liquor control board, within the state a tax at the rate of twenty and one-fourth cents per liter: PROVIDED, HOWEVER, That wine sold or shipped in bulk from one winery to another winery shall not be subject to such tax. The tax provided for in this section may, if so prescribed by the board, be collected by means of stamps to be furnished by the board, or by direct payments based on wine purchased by wine wholesalers. Every person purchasing wine under the provisions of this section shall on or before the twentieth day of each month report to the board all purchases during the preceding calendar month in such manner and upon such forms as may be prescribed by the board, and with such report shall pay the tax due from the purchases covered by such report unless the same has previously been paid. Any such purchaser of wine whose applicable tax payment is not postmarked by the twentieth day following the month of purchase will be assessed a penalty at the rate of two percent a month or fraction thereof. If this tax be collected by means of stamps, every such person shall procure from the board revenue stamps representing the tax in such form as the board shall prescribe and shall affix the same to the package or container in such manner and in such denomination as required by the board and shall cancel the same prior to the delivery of the package or container containing the wine to the purchaser. If the tax is not collected by means of stamps, the board may require that every such person shall execute to and file with the board a bond to be approved by the board, in such amount as the board may fix, securing the payment of the tax. If any such person fails to pay the tax when due, the board may forthwith suspend or cancel the license until all taxes are paid.
(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section. All revenues collected during any month from this additional tax shall be transferred to the state general fund by the twenty-fifth day of the following month.
(3) An additional tax is imposed on wines subject to tax under subsection (1) of this section, at the rate of one-fourth of one cent per liter for wine sold after June 30, 1987. Such additional tax shall cease to be imposed on July 1, 1993. All revenues collected under this subsection (3) shall be disbursed quarterly to the Washington wine commission for use in carrying out the purposes of chapter 15.88 RCW.
(4)
Until July 1, 1995, an additional tax is imposed on all wine subject to tax
under subsection (1) of this section. The additional tax is equal to
twenty-three and forty-four one-hundredths cents per liter on fortified
wine ((containing alcohol in an amount equal to or more than fourteen
percent by volume)) as defined in RCW 66.04.010(34) when bottled or
packaged by the manufacturer and one cent per liter on all other wine. All
revenues collected during any month from this additional tax shall be deposited
in the drug enforcement and education account under RCW 69.50.520 by the
twenty-fifth day of the following month."
"Sec. 14. RCW 10.93.020 and 1988 c 36 s 5 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "General authority Washington law enforcement agency" means any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating the traffic or criminal laws in general, as distinguished from a limited authority Washington law enforcement agency, and any other unit of government expressly designated by statute as a general authority Washington law enforcement agency. The Washington state patrol is a general authority Washington law enforcement agency.
(2)
"Limited authority Washington law enforcement agency" means any
agency, political subdivision, or unit of local government of this state, and
any agency, department, or division of state government, having as one of its
functions the apprehension or detection of persons committing infractions or
violating the traffic or criminal laws relating to limited subject areas,
including but not limited to, the state departments of natural resources,
fisheries, wildlife, and social and health services, the state gambling commission,
the state lottery commission, the state parks and recreation commission, the
state utilities and transportation commission, the state liquor control ((board))
agency, and the state department of corrections.
(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.
(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer", for the purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of the state of Washington, who does not qualify under this chapter as a general authority Washington peace officer for that commissioning agency, specifically including reserve peace officers, and specially commissioned full-time, fully compensated peace officers duly commissioned by the states of Oregon or Idaho or any such peace officer commissioned by a unit of local government of Oregon or Idaho. A reserve peace officer is an individual who is an officer of a Washington law enforcement agency who does not serve such agency on a full-time basis but who, when called by the agency into active service, is fully commissioned on the same basis as full-time peace officers to enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a city or town police agency which has responsibility for police activity within its boundaries; or a county police or sheriff's department which has responsibility with regard to police activity in the unincorporated areas within the county boundaries; or a statutorily authorized port district police agency or four-year state college or university police agency which has responsibility for police activity within the statutorily authorized enforcement boundaries of the port district, state college, or university.
(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.
(9) "Primary function of an agency" means that function to which greater than fifty percent of the agency's resources are allocated.
(10) "Mutual law enforcement assistance" includes, but is not limited to, one or more law enforcement agencies aiding or assisting one or more other such agencies through loans or exchanges of personnel or of material resources, for law enforcement purposes."
"Sec. 15. RCW 19.02.050 and 1989 1st ex.s. c 9 s 317 are each amended to read as follows:
(1) The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:
(a) Department of agriculture;
(b) Secretary of state;
(c) Department of social and health services;
(d) Department of revenue;
(e) Department of fisheries;
(f) Department of employment security;
(g) Department of labor and industries;
(h) Department of trade and economic development;
(i)
Liquor control ((board)) agency;
(j) Department of health;
(k) Department of licensing;
(l) Utilities and transportation commission; and
(m) Other agencies as determined by the governor."
"Sec. 16. RCW 43.03.028 and 1991 c 3 s 294 are each amended to read as follows:
(1) There is hereby created a state committee on agency officials' salaries to consist of seven members, or their designees, as follows: The president of the University of Puget Sound; the chairperson of the council of presidents of the state's four-year institutions of higher education; the chairperson of the State Personnel Board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council. If any of the titles or positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like position shall be qualified for appointment by the governor to membership upon the committee.
(2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
The
arts commission; the human rights commission; the board of accountancy; the
board of pharmacy; the capitol historical association and museum; the eastern
Washington historical society; the Washington state historical society; the
interagency committee for outdoor recreation; the criminal justice training
commission; the department of personnel; the state finance committee; the state
library; the traffic safety commission; the horse racing commission; the
advisory council on vocational education; the public disclosure commission; the
state conservation commission; the commission on Hispanic affairs; the
commission on Asian-American affairs; the state board for volunteer fire
fighters; the transportation improvement board; the public ((employees))
employment relations commission; the forest practices appeals board; ((and))
the energy facilities site evaluation council; and the liquor control board.
The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.
(3) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060."
"Sec. 17. RCW 43.17.010 and 1989 1st ex.s. c 9 s 810 are each amended to read as follows:
There
shall be departments of the state government which shall be known as (1) the
department of social and health services, (2) the department of ecology, (3)
the department of labor and industries, (4) the department of agriculture, (5)
the department of fisheries, (6) the department of wildlife, (7) the department
of transportation, (8) the department of licensing, (9) the department of
general administration, (10) the department of trade and economic development,
(11) the department of veterans affairs, (12) the department of revenue, (13)
the department of retirement systems, (14) the department of corrections, (15)
the department of community development, ((and)) (16) the department of
health, and (17) the liquor control agency, which shall be charged with
the execution, enforcement, and administration of such laws, and invested with
such powers and required to perform such duties, as the legislature may
provide."
"Sec. 18. RCW 43.17.020 and 1989 1st ex.s. c 9 s 811 are each amended to read as follows:
There
shall be a chief executive officer of each department to be known as: (1) The
secretary of social and health services, (2) the director of ecology, (3) the
director of labor and industries, (4) the director of agriculture, (5) the
director of fisheries, (6) the director of wildlife, (7) the secretary of
transportation, (8) the director of licensing, (9) the director of general
administration, (10) the director of trade and economic development, (11) the
director of veterans affairs, (12) the director of revenue, (13) the director
of retirement systems, (14) the secretary of corrections, (15) the director of
community development, ((and)) (16) the secretary of health, and the
director of the liquor control agency.
Such officers, except the secretary of transportation, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of wildlife, however, shall be appointed according to the provisions of RCW 77.04.080. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. A temporary director of wildlife shall not serve more than one year. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041."
"Sec. 19. RCW 42.17.2401 and 1991 c 3 s 293 are each amended to read as follows:
For the purposes of RCW 42.17.240, the term "executive state officer" includes:
(1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community colleges, the director of community development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the director of the energy office, the secretary of the state finance committee, the director of financial management, the director of fisheries, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the director of the higher education personnel board, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the liquor control agency, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the director of trade and economic development, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the director of wildlife, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community college education, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, higher education personnel board, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, oil and gas conservation committee, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, personnel board, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, state employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and wildlife commission."
"Sec. 20. RCW 43.82.010 and 1990 c 47 s 1 are each amended to read as follows:
(1) The director of the department of general administration, on behalf of the agency involved, shall purchase, lease, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. This section does not transfer financial liability for the acquired property to the department of general administration.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section.
(3) The director is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(4) If the director determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsections (1) or (3) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(5) In order to obtain maximum utilization of space, the director shall make space utilization studies, and shall establish standards for use of space by state agencies.
(6) The director may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his management.
(7) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director or the director's designee, and recorded with the county auditor of the county in which the property is located.
(8) The director may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable.
(9) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b)
The state liquor control ((board)) agency for liquor stores and
warehouses; and
(c) The department of natural resources, the department of fisheries, the department of wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes.
(10) Notwithstanding any provision in this chapter to the contrary, the department of general administration may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee."
"NEW SECTION. Sec. 21. RCW 66.08.016 and 1961 c 1 s 30, 1947 c 113 s 2, & 1933 ex.s. c 62 s 65 are each repealed."
"NEW SECTION. Sec. 22. Nothing in this act requires the liquor control agency to discard stationery or signs, rename its facilities or stores, or incur similar expenses attributable to the renaming of the agency."
"Sec. 23. RCW 9.46.0315 and 1987 c 4 s 27 are each amended to read as follows:
Bona fide charitable or bona fide nonprofit organizations organized primarily for purposes other than the conduct of raffles, are hereby authorized to conduct raffles without obtaining a license to do so from the commission when such raffles are held in accordance with all other requirements of this chapter, other applicable laws, and rules of the commission; when gross revenues from all such raffles held by the organization during the calendar year do not exceed five thousand dollars; and when tickets to such raffles are sold only to, and winners are determined only from among, the regular members of the organization conducting the raffle. The organization may provide unopened containers of beverages containing alcohol as raffle prizes if the appropriate permit has been obtained from the liquor control board: PROVIDED, That the term members for this purpose shall mean only those persons who have become members prior to the commencement of the raffle and whose qualification for membership was not dependent upon, or in any way related to, the purchase of a ticket, or tickets, for such raffles."
"NEW SECTION. Sec. 24. The code reviser shall prepare and present to the 1992 legislature a bill that corrects references to the liquor control board that are rendered inaccurate by this act."
"NEW SECTION. Sec. 25. Sections 1 through 22 of this act shall take effect January 1, 1992."
SSB 5776 - H COMM AMD
By Committee on Commerce & Labor
In line 1 of the title, after "control;" strike the remainder of the title and insert "amending RCW 66.04.010, 66.08.012, 66.08.014, 66.08.020, 66.08.030, 66.08.050, 66.08.150, 66.24.170, 66.24.210, 10.93.020, 19.02.050, 43.03.028, 43.17.010, 43.17.020, 42.17.2401, 43.82.010, and 9.46.0315; adding new sections to chapter 66.08 RCW; creating new sections; repealing RCW 66.08.016; and providing an effective date."