SENATE BILL REPORT

                           SSB 6298

              AS PASSED SENATE, FEBRUARY 15, 1994

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)

SENATE COMMITTEE ON LABOR & COMMERCE

Majority Report:  That Substitute Senate Bill No. 6298 be substituted therefor, and the substitute bill do pass. 

     Signed by Senators Moore, Chairman; Prentice, Vice Chairman; Amondson, Deccio, Fraser, McAuliffe, Newhouse, Pelz, Prince, Sellar, Sutherland, Vognild and Wojahn.

Staff:  Traci Ratzliff (786‑7452)

Hearing Dates: January 24, 1994; February 2, 1994

HOUSE COMMITTEE ON COMMERCE & LABOR

BACKGROUND:

Under current law, it is illegal for a person to transfer an identification card to another person for the purposes of purchasing alcohol.  However, it is not illegal for a person to transfer an identification card to another for the purposes of entering an establishment or portion of an establishment that is off limits to individuals under 21 years of age.

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.

Currently, 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.

Special occasion licensees are currently 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.

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.

Individuals who lie to an owner of a licensed establishment selling alcohol regarding the purchase or consumption of alcohol by an underage person can be charged with a misdemeanor.  However, it is not illegal for an individual to lie to the employee of an owner of a licensed establishment or a law enforcement or liquor enforcement officer.

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.  Under current law, a minor is not prohibited from entering and remaining on such premises.

SUMMARY:

Individuals who transfer an identification card to another person for the purpose of gaining admission to an establishment or portion of an establishment that is off-limits to persons under the age of 21 may be charged with a misdemeanor.

Class D licensees are permitted to sell beer in opened or unopened bottles for consumption on the premises.

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

Special occasion licensees may purchase beer or wine from a licensed beer or wine retailer or a licensed beer or wine wholesaler.

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

Individuals who lie to an owner of a licensed establishment, an employee of the establishment, a law enforcement or liquor enforcement officer regarding the purchase or consumption of alcohol by an underage person may be charged with a misdemeanor.

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.

A class B licensee operating a bowling ally 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.

An international export beer and wine license is created.  This license will allow retailers holding a class E or class F retail liquor license to sell beer or wine to businesses outside the U.S.  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.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested

TESTIMONY FOR:

This bill makes changes to a number of the Liquor Control Board statutes that will assist the board in carrying out its duties.

TESTIMONY AGAINST:  None

TESTIFIED:  Carter Mitchell, Liquor Control Board (pro)

HOUSE AMENDMENT(S):

The provision allowing class D licensees to sell beer in unopened bottles is stricken.