2676‑S.E AMS QUIG EAGL 05
ESHB 2676 - S AMD - 000369
BySenator Quigley
WITHDRAWN 3/8/94
On page 177, after line 36, insert the following:
"Sec. 872. RCW 66.04.010 and 1991 c 192 s 1 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) "Board" means
the liquor control review board comprised of five individuals appointed by the
governor to conduct hearings on appeals of certain actions of the director.
(5) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor.
(((4) "Board" means the liquor
control board, 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)) director,
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))
director shall have authority to waive the provisions requiring twenty
or more rooms.
(((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
under chapter 34.05 RCW by the ((board)) agency 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.
(((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"
shall not include the giving, at no charge, of a reasonable amount of liquor by
a person not licensed by the ((board)) agency to a person not
licensed by the ((board)) agency, for personal use only.
"Sale" and "sell" also does not include a raffle authorized
under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the
raffle has obtained the appropriate permit from the ((board)) agency.
(((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.
(((31))) (33)
"Vendor" means a person employed by the ((board)) 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 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 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 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. 873. 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: (1) At least five years of demonstrated successful business or public management experience; (2) demonstrable competence in establishing and using management information systems; and (3) a demonstrated understanding of distribution and retail sales operations and the relevance of that knowledge to the Washington's controlled sales environment.
"NEW SECTION. Sec. 874. 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 assigned to the liquor control review board. This transfer shall take place July 1, 1995. This act does not create a new agency, but establishes the Washington state liquor control review board and provides for a new administrative structure within the renamed agency.
"NEW SECTION. Sec. 875. A new section is added to chapter 66.08 RCW to read as follows:
There shall be a right of appeal of decisions of the director made under RCW 66.24.010, on decisions made under the authority granted to the director under RCW 66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions made under section 9(9) of this act. These appeals shall be heard by the liquor control review board.
The final decision of the liquor control review board shall be an adjudicative proceeding and subject to the applicable provisions of chapter 34.05 RCW.
"Sec. 876. 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)) The liquor control review board shall consist of
five members, to be appointed by the governor, with the consent of the
senate, ((who shall)) to serve six-year staggered terms. Each member
shall 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 travel expenses 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 to hear appeals on licensing decisions made
under RCW 66.24.010, on decisions made under the authority granted by RCW
66.08.030(2)(a), on decisions made under chapter 66.44 RCW, or on decisions
made under section 9(9) of this act.
"Sec. 877. 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)) July 1, 1995, and expiring
as follows: ((One member)) Two members of the board for ((a))
terms of ((three)) two years from ((January 15, 1949;
one member)) July 1, 1995; two members of the board for ((a))
terms of ((six)) four years from ((January 15, 1949))
July 1, 1995; and one member of the board for a term of ((nine)) six
years from ((January 15, 1949)) July 1, 1995. 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)) July
1, 1995, each succeeding member of the board shall be appointed and hold
office for the term of six years. 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 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 and no
member of the board shall hold any other public office. Before entering upon the
duties of his office, each of said 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 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 bond shall be paid by the board.))
"Sec. 878. 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 under this title.
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;
(7) Perform such other duties as are consistent with this title; and
(8) The director may summarily suspend a license or permit for a period of up to thirty days without a prior hearing if he or she finds that public health, safety, or welfare imperatively require emergency action, and incorporates a finding to that effect in his or her order; and proceedings for revocation or other action must be promptly instituted and determined.
"Sec. 879. 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)) liquor control review board may adopt those 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)) liquor
control review board.
(2) The liquor control review board shall adopt rules applicable to adjudicative proceedings that are subject to the applicable provisions of chapter 34.05 RCW as provided in (a), (b), and (c) of this subsection.
(a) 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.
(b) 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 RCW 66.08.020(8), prior to the suspension of any permit or license.
(c) No hearing shall be required until demanded by the applicant, permittee, or licensee.
(3) 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)) liquor control review board to adopt 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)) director;
(((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)) agency,
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)) agency,
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;
(((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)) agency: PROVIDED, Nothing ((herein contained))
in this section shall be construed as authorizing the liquor ((board))
control agency 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.
"NEW SECTION. Sec. 880. 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 adopted under this title, 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 agency may adopt;
(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;
(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;
(8) 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;
(9) 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 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 consistent with this title; and
(10) Determine the nature, form, and capacity of all packages to be used for containing liquor kept for sale under this title.
"NEW SECTION. Sec. 881. 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 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. 882. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:
The ((board)) agency
shall not advertise liquor in any form or through any medium whatsoever. The
((board)) agency shall have power to adopt any and all reasonable
regulations as to the kind, character, and location of advertising of
liquor.
"Sec. 883. RCW 66.08.070 and 1985 c 226 s 2 are each amended to read as follows:
(1) Every order for
the purchase of liquor shall be authorized by the ((board)) agency,
and no order for liquor shall be valid or binding unless it is so authorized
and signed by the ((board)) agency or its authorized designee.
(2) A duplicate of
every such order shall be kept on file in the office of the ((board)) agency.
(3) All cancellations
of such orders made by the ((board)) agency shall be signed in
the same manner and duplicates thereof kept on file in the office of the ((board))
agency. Nothing in this title shall be construed as preventing the ((board))
agency from accepting liquor on consignment.
(4) In the purchase of
wine or malt beverages the ((board)) agency shall not require, as
a term or condition of purchase, any warranty or affirmation with respect to
the relationship of the price charged the ((board)) agency to any
price charged any other buyer.
"Sec. 884. RCW 66.08.075 and 1937 c 217 s 5 (adding new section 42-A to 1933 ex.s. c 62) are each amended to read as follows:
No official or
employee of the ((liquor control board of the state of Washington)) agency
shall, during his or her term of office or employment, or for a period
of two years immediately following the termination thereof, represent directly
or indirectly any manufacturer or wholesaler of liquor in the sale of liquor to
the ((board)) agency.
"Sec. 885. RCW 66.08.090 and 1933 ex.s. c 62 s 31 are each amended to read as follows:
No employee shall sell
liquor in any other place, nor at any other time, nor otherwise than as
authorized by the ((board)) agency under this title and the
regulations.
"Sec. 886. RCW 66.08.100 and 1935 c 174 s 9 (adding new section 62-A to 1933 ex.s. c 62) are each amended to read as follows:
No court of the state
of Washington other than the superior court of Thurston county shall have
jurisdiction over any action or proceeding against the ((board)) agency
or any member thereof for anything done or omitted to be done in or arising out
of the performance of ((his or their)) the member's duties under
this title. Neither the ((board)) agency nor any member or
members thereof shall be personally liable in any action at law for damages
sustained by any person because of any acts performed or done or omitted to be
done by the ((board)) agency or any employee of the ((board))
agency in the performance of his or her duties and in the
administration of this title.
"Sec. 887. 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,)) fish
and 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. 888. 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))
fish and wildlife;
(f) Department of employment security;
(g) Department of labor and industries;
(h) Department of community, 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. 889. RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 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 fish and wildlife, (6) the department of transportation, (7) the
department of licensing, (8) the department of general administration, (9) the
department of community, trade, and economic development, (10) the department
of veterans affairs, (11) the department of revenue, (12) the department of
retirement systems, (13) the department of corrections, ((and)) (14) the
department of health, ((and)) (15) the department of financial
institutions, and (16) 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. 890. RCW 43.17.020 and 1993 sp.s. c 2 s 17, 1993 c 472 s 18, and 1993 c 280 s 19 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 fish
and wildlife, (6) the secretary of transportation, (7) the director of
licensing, (8) the director of general administration, (9) the director of
community, trade, and economic development, (10) the director of veterans
affairs, (11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, ((and)) (14) the secretary of health,
((and)) (15) the director of financial institutions, and (16) 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 secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041.
"Sec. 891. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and 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
office of marine safety, 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 and technical colleges, the director of community,
trade, and economic 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 fish and wildlife, 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 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 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 and technical colleges, 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, each member of the
Washington health services commission, higher education coordinating board,
higher education facilities authority, 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, marine oversight board, oil and gas
conservation committee, Pacific Northwest electric power and conservation
planning council, parks and recreation commission, personnel appeals board, board
of pilotage commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearing board, public
employees' benefits board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington state maritime commission, Washington personnel
resources board, Washington public power supply system executive board,
Washington State University board of regents, Western Washington University
board of trustees, and fish and wildlife commission.
"Sec. 892. 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)) fish
and 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. 893. The following acts or parts of acts are each repealed:
(1) RCW 66.08.016 and 1961 c 1 s 30, 1947 c 113 s 2, & 1933 ex.s. c 62 s 65;
(2) RCW 66.08.050 and 1993 c 25 s 1, 1986 c 214 s 2, 1983 c 160 s 1, 1975 1st ex.s. c 173 s 1, 1969 ex.s. c 178 s 1, 1963 c 239 s 3, 1935 c 174 s 10, & 1933 ex.s. c 62 s 69; and
(3) RCW 66.08.150 and 1989 c 175 s 122, 1967 c 237 s 23, & 1933 ex.s. c 62 s 62.
"NEW SECTION. Sec. 894. 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.
"NEW SECTION. Sec. 895. The code reviser shall prepare and present to the 1995 legislature a bill which corrects references to the liquor control board that are rendered inaccurate by this act."
Renumber remaining sections
ESHB 2676 - S AMD
By Senator Quigley
On page 178, line 7, after "1994" insert "PROVIDED, That sections 872 through 894 of this act shall take effect July 1, 1995"
ESHB 2676 - S AMD
By Senator Quigley
WITHDRAWN 3/8/94
On page 3, line 6 of the title, after "88.46.110;" insert "amending RCW 10.93.020, 19.02.050, 42.17.2401, 43.17.010, 43.17.020, 43.82.010, 66.04.010, 66.08.012, 66.08.014, 66.08.020, 66.08.030, 66.08.060, 66.08.070, 66.08.075, 66.08.090, 66.08.100; adding new sections to chapter 66.08 RCW; repealing RCW 66.08.016, 66.08.050, 66.08.150;"
--- END ---