BP BHEAD INT S

AN ACT Relating to the improvement of the licensing and enforcement sections of the Washington State Liquor Act; and amending RCW 66.20.200, 66.24.350, 66.24.490, 66.28.070, 66.28.140, 66.44.300, and 66.44.310.

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

Sec. 1. RCW 66.20.200 and 1987 c 101 s 4 are each amended to read as follows:

It shall be unlawful for the owner of a card of identification to transfer the card to any other person for the purpose of aiding such person to procure alcoholic beverages from any licensee or store employee. Any person who shall permit his or her card of identification to be used by another or transfer such card to another for the purpose of aiding such transferee to obtain alcoholic beverages from a licensee or store employee or gain admission to a premises or portion of a premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service. Any person not entitled thereto who unlawfully procures or has issued or transferred to him or her a card of identification, and any person who possesses a card of identification not issued to him or her, and any person who makes any false statement on any certification card required by RCW 66.20.190, as now or hereafter amended, to be signed by him or her, shall be guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community service shall require not fewer than twenty-five hours of such service.

Sec. 2. RCW 66.24.350 and 1991 c 42 s 3 are each amended to read as follows:

There shall be a beer retailer's license to be designated as [a] class D license to sell 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. 3. RCW 66.24.490 and 1987 c 386 s 6 are each amended to read as follows:

(1) There shall be a retailer's license to be designated as a class I caterer's license; this shall be a special occasion license to be issued to the holder of a class A, C, D, or public H license to extend the privilege of selling and serving ((~~spirituous~~)) liquor ((~~by the individual glass, beer, and wine,~~)) as authorized under such a license at retail, for consumption on the premises, to members and guests of a society or organization on special occasions at a specified date and place when such special occasions of such groups are held on premises other than the ((~~class H~~)) licensed premises and for consumption on the premises of such outside location. The holder of such special occasion license shall be allowed to remove from the liquor stocks at the licensed ((~~class H~~)) premises, and allow liquor for sale and service at such special occasion locations. ((~~Such special class I license shall be issued for a specified date and place and~~)) Upon payment of a fee of twenty-five dollars per day or, upon proper application to the liquor control board, an annual class I license may be issued to the holder of a class A, C, D, or public H license upon payment of a fee of three hundred fifty dollars.

(2) The holder of ((~~an annual~~)) a class I license shall ((~~obtain prior board approval for each event at which the class I license will be utilized. When applying for such board approval~~)), if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event. Upon request the class I licensee shall provide to the board all necessary or requested information concerning the society or organization which will be holding the function at which the class I license will be utilized.

(3) ((Upon receipt of a request for utilization of a class I license at a particular time and place, the board shall give notification of the pending request to the chief executive officer of the incorporated city or town, if the function is to be held within an incorporated city or town, or to the county legislative authority if the function is to be held outside the boundaries of incorporated cities or towns.

~~(4)~~)) If attendance at the function((~~, for which class I license utilization approval is requested,~~)) will be open to the general public, ((~~board approval may only be given where~~)) the society or organization sponsoring the function ((is)) shall be within the definition of "society or organization" in RCW 66.24.375. If attendance at the function will be limited to members and invited guests of the sponsoring society or organization, ((~~board approval may be given even though the sponsoring society or organization is not within the definition of "society or organization" in RCW 66.24.375.~~

(5) Where the applicant for either a daily or annual class I license is a class H club licensee, the board shall not issue the class I license, or approve the use of a previously issued class I license, unless the following requirements are met:

~~(a) The gross food sales of the class H club exceed its gross liquor sales; and~~

~~(b) The event for which the class I license will be used is hosted by a member of the class H licensed club~~)) then the requirement that the society or organization be within the definition of RCW 66.24.375 is waived.

Sec. 4. RCW 66.28.070 and 1987 c 205 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, it shall be unlawful for any retail beer or wine licensee to purchase beer or wine, except from a duly licensed ((~~beer~~)) wholesaler or the board, and it shall be unlawful for any brewer, winery, or beer or wine wholesaler to purchase beer or wine, except from a duly licensed beer or wine wholesaler or ((~~beer~~)) importer.

(2) A beer or wine retailer licensee may purchase beer or wine from a government agency which has lawfully seized beer or wine from a licensed beer or wine retailer, or from a board-authorized retailer, or from a licensed retailer which has discontinued business if the wholesaler has refused to accept beer or wine from that retailer for return and refund. Beer and wine purchased under this subsection shall meet the quality standards set by its manufacturer.

(3) Special occasion licensees holding either a class G or J license may only purchase beer or wine from a beer or wine retailer duly licensed to sell beer or wine for off-premises consumption, the board, or from a duly licensed beer or wine wholesaler.

Sec. 5. RCW 66.28.140 and 1981 c 255 s 2 are each amended to read as follows:

(1) An adult member of a household may remove family beer or wine from the home for exhibition or use at organized beer or wine tastings or competitions, subject to the following conditions:

(a) The quantity removed by a producer for these purposes is limited to a quantity not exceeding one gallon;

(b) Family beer or wine is not removed for sale or for the use of any person other than the producer. This subparagraph does not preclude any necessary tasting of the beer or wine when the exhibition or beer or wine tasting includes judging the merits of the wine by judges who have been selected by the organization sponsoring the affair; and

(c) When the display contest or judging purpose has been served, any remaining portion of the sample is returned to the family premises from which removed.

(2) As used in this section, "family beer or wine" means beer or wine manufactured in the home for consumption therein, and not for sale.

Sec. 6. RCW 66.44.300 and 1941 c 78 s 1 are each amended to read as follows:

Any person who invites a minor into a public place where liquor is sold and treats, gives or purchases liquor for such minor, or permits a minor to treat, give or purchase liquor for ((~~him~~)) the adult; or holds out such minor to be ((~~over the age of~~)) twenty-one years of age or older to the owner or employee of the liquor establishment, a law enforcement officer, or a liquor enforcement officer shall be guilty of a misdemeanor.

Sec. 7. RCW 66.44.310 and 1981 1st ex.s. c 5 s 24 are each amended to read as follows:

(1) Except as otherwise provided by RCW 66.44.316 and 66.44.350, it shall be a misdemeanor((,)):

(a) To serve or allow to remain ((~~on the premises of any tavern, or cocktail lounge portion of any class H licensed premises,~~)) in any area classified by the board as off-limits to any person under the age of twenty-one years;

(b) For any person under the age of twenty-one years to enter or remain ((~~on the premises of any tavern, or cocktail lounge portion of any public class H licensed premises~~)) in any area classified as off-limits to such a person, but persons under twenty-one years of age may pass through a restricted area in a facility holding a class H club license;

(c) For any person under the age of twenty-one years to represent his or her age as being twenty-one or more years for the purpose of purchasing liquor or securing admission to, or remaining ((~~on the premises of, any tavern or cocktail lounge portion of any class H licensed premises~~)) in any area classified by the board as off-limits to such a person.

(2) The Washington state liquor control board shall have the power and it shall be its duty to classify ((the various licensees, as taverns or otherwise, within the meaning of this title, except bona fide restaurants, dining rooms and cafes serving commercial food to the public shall not be classified as taverns during the hours such food service is made available to the public)) licensed premises or portions of licensed premises as off-limits to persons under the age of twenty-one years of age.