S-0690.2          _______________________________________________

                                 SENATE BILL 5450

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Sellar, Snyder, Matson, Moore, McMullen, McDonald and Skratek.

Read first time January 31, 1991.  Referred to Committee on Commerce & Labor.Concerning pasteurization in relation to licenses for the sale of beer.

     AN ACT Relating to pasteurization in relation to licenses for the sale of beer; and amending RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 66.24.320 and 1987 c 458 s 11 are each amended to read as follows:

     There shall be a beer retailer's license to be designated as a class A license to sell beer at retail, for consumption on the premises and to sell ((unpasteurized)) beer for consumption off the premises:  PROVIDED, HOWEVER, That ((unpasteurized)) beer ((so)) sold for consumption off the premises must be in original sealed packages of the manufacturer or bottler of not less than seven and three-fourths gallons:  AND PROVIDED FURTHER, That ((unpasteurized)) beer may be sold to a purchaser in a sanitary container brought to the premises by the purchaser and filled at the tap by the retailer at the time of sale; such license to be issued only to hotels, restaurants, drug stores or soda fountains, dining places on boats and airplanes, to clubs, and at sports arenas or race tracks during recognized professional athletic events.  The annual fee for said license, if issued in cities and towns, shall be graduated according to the population thereof as follows:

                   Cities and towns              Fee

                   Less than 20,000            $ 205

                   20,000 or over                    $ 355

     The annual fee for such license, if issued outside of cities and towns, shall be two hundred five dollars: PROVIDED, HOWEVER, That the annual license fee for such license, if issued to dining places on vessels not exceeding one thousand gross tons, plying on inland waters of the state of Washington on regular schedules, shall be two hundred five dollars.

     Sec. 2.  RCW 66.24.330 and 1987 c 458 s 12 are each amended to read as follows:

     There shall be a beer retailer's license to be designated as a class B license to sell beer at retail, for consumption on the premises and to sell ((unpasteurized)) beer for consumption off the premises:  PROVIDED, HOWEVER, That ((unpasteurized)) beer ((so)) sold for consumption off the premises must be in original sealed packages of the manufacturer or bottler of not less than seven and three-fourths gallons:  AND PROVIDED FURTHER, That ((unpasteurized)) beer may be sold to a purchaser in a sanitary container brought to the premises by the purchaser and filled at the tap by the retailer at the time of sale; such license to be issued only to a person operating a tavern.  The annual fee for said license, if issued in cities and towns, shall be graduated according to the population thereof as follows:

                    Cities and towns              Fees

                   Less than 20,000            $ 205

                   20,000 or over                    $ 355

     The annual fee for such license, if issued outside of cities and towns, shall be two hundred five dollars.

     Sec. 3.  RCW 66.24.350 and 1981 1st ex.s. c 5 s 40 are each amended to read as follows:

     There shall be a beer retailer's license to be designated as class D license to sell ((pasteurized)) beer by the opened bottle at retail, for consumption upon the premises only, such license to be issued to hotels, restaurants, dining places on boats and aeroplanes, clubs, drug stores, or soda fountains, and such other places where the sale of beer is not the principal business conducted; fee one hundred twenty-five dollars per annum.

     Sec. 4.  RCW 66.24.360 and 1987 c 46 s 1 are each amended to read as follows:

     There shall be a beer retailer's license to be designated as class E license to sell ((pasteurized)) beer at retail in bottles and original packages, not to be consumed upon the premises where sold, at any store other than the state liquor stores; fee seventy-five dollars per annum for each store:  PROVIDED, That a holder of a class A or a class B license shall be entitled to the privileges permitted in this section by paying an annual fee of twenty-five dollars for each store.  Licensees under this section whose business is primarily the sale of beer and/or wine at retail may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion.  Sampling activities of licensees under this section shall be subject to RCW 66.28.010 and 66.28.040 and the cost of sampling under this section may not be borne, directly or indirectly, by any manufacturer, importer, or wholesaler of liquor.

     For the purpose of this section, "((pasteurized)) beer" includes, in addition to the usual and customary meaning, bottle conditioned beer which has been fermented partially or completely in the container in which it is sold to the retail customer and which may contain residual active yeast.  The bottles and original packages in which such bottle conditioned beer may be sold under this section shall not exceed one hundred seventy ounces in capacity.