HOUSE BILL REPORT

                 SSB 6298

                  As Passed House - Amended

                        March 2, 1994

 

Title:  An act relating to the improvement of the licensing and enforcement sections of the Washington State Liquor Act.

 

Brief Description:  Improving the licensing and enforcement sections of the Washington State Liquor Act.

 

Sponsors:  Senate Committee on Labor & Commerce (originally sponsored by Senators Moore, Prentice and Newhouse; by request of Liquor Control Board).

 

Brief History:

  Reported by House Committee on:

Commerce & Labor, February 23, 1994, DPA;

  Passed House - Amended, March 2, 1994, 95-0.

 

HOUSE COMMITTEE ON COMMERCE & LABOR

 

Majority Report:  Do pass as amended.  Signed by 9 members:  Representatives Heavey, Chair; G. Cole, Vice Chair; Lisk, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Conway; Horn; King; Springer and Veloria.

 

Staff:  Jim Kelley (786-7166).

 

Background:  The Washington State Liquor Control Board regulates the activities of the various classes of liquor licensees.  Each class of liquor license permits certain activities and restricts or prohibits other activities. 

 

Transfer of identification

 

It is illegal for a person to transfer an identification card to another person for the purpose of purchasing alcohol.  However, it is not illegal for a person to transfer an identification card to another for the purpose of entering a licensed premises that is off-limits to persons under 21 years of age.

 

On-premise beer sales

 

Class D licensees, including golf clubs, hotels, and restaurants, are only permitted to sell beer for consumption on premises in an opened bottle.  These licensees are not allowed to sell unopened bottles of beer.

 

Class B licenses at bowling alleys

 

Subject to the approval of the board, class A, C, and H licensees may extend their licenses to the concourse or lane areas in a bowling alley if the concourse or lane areas are adjacent to the food preparation service facility.  Class B licensees may not do so.

 

Caterer's license

 

Only Class H restaurants are allowed to acquire a Class I caterer's license.  Class A, C, or D licensees including restaurants and hotels who sell beer or wine are not allowed to obtain a Class I caterer's license.

 

Beer and wine special occasion licenses

 

Special occasion licensees are allowed to purchase wine or beer to be served at their events from a wholesaler.  They are not allowed to purchase beer and wine from a licensed retailer.

 

Home brewed beer

 

Individuals who make wine at home are allowed to enter their wine in wine exhibits and wine tasting events.  However, individuals who brew beer at home are not allowed to enter their beer in beer exhibits or beer tasting events.

 

Representing a minor to be an adult

 

A person who holds out a minor as an adult to the owner of a liquor establishment can be charged with a misdemeanor.  However, it is not illegal to hold out a minor as an adult to the employee of a licensed establishment or to a law enforcement or liquor enforcement officer.

 

Taprooms

 

Restaurants licensed to sell beer or wine under a Class A, C, or D license often have a portion of the premises set off as a "taproom" for the consumption of these beverages.  A minor is not prohibited by law from entering and remaining on the premises of a taproom.

 

Summary of Bill:  Provisions of the liquor code regulating the activities of licensees are amended.

 

Transfer of identification

 

A person who transfers an identification card to another person for the purpose of aiding the other person in entering a licensed premises that is off limits to minors may be charged with a misdemeanor.

 

Class B licenses at bowling alleys

 

A class B licensee operating a bowling alley may obtain approval from the Liquor Control Board to sell or serve alcohol in the concourse or lane areas of the bowling alley when such areas are adjacent to the food preparation service facility.

 

Caterer's license

 

Class A, C, or D licensees may obtain a Class I caterer's license to sell beer or wine.

 

International export license

 

An international export beer and wine license is created.  This license allows retailers holding a class E or class F retail liquor license to sell beer or wine to businesses outside the United States.  The beer and wine sold must be purchased from a beer or wine wholesaler licensed in this state.  The beer or wine sold must be sold at a price that is no less than the price paid to the wholesaler.  The annual cost of the license is $500.

 

Beer and wine special occasion licenses

 

Beer or wine special occasion licensees may purchase beer or wine from a licensed retailer.

 

Home brewed beer

 

Individuals who brew beer at home may enter their beer in beer exhibits or beer tasting events.

 

Representing a minor to be an adult

 

A person who holds out a minor as an adult to the employee of a licensed establishment or to a law enforcement or liquor enforcement officer may be charged with a misdemeanor.

 

Taprooms

 

The Liquor Control Board may designate licensed premises or portions of licensed premises as off-limits to persons under 21 years of age.  It is a misdemeanor to serve or allow to remain in any area classified as off-limits any person under the age of 21 or for any person under the age of 21 years to enter or remain in an area classified as off-limits.

 

Fiscal Note:  Requested February 17, 1994.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  This bill contains many provisions which are very important to the Liquor Control Board.  It will help the board administer the liquor code more fairly and efficiently.  The international export license will allow retailers to establish international markets.

 

Testimony Against:  None.

 

Witnesses:  (In favor)  Jim Boldt, Washington Food Dealers; and Carter Mitchell, Liquor Control Board.