H-0655.5  _______________________________________________

 

                          HOUSE BILL 1940

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Lisk and Honeyford

 

Read first time 02/15/95.  Referred to Committee on Commerce & Labor.

 

Allowing clubs to sell wine to club members for off-premises consumption.



    AN ACT Relating to selling of wine with a club's private label to members for consumption off the club premises; and amending RCW 66.24.370 and 66.24.450.

 

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

 

    Sec. 1.  RCW 66.24.370 and 1992 c 42 s 1 are each amended to read as follows:

    (1) There shall be a wine retailer's license to be designated as class F license to sell, subject to subsection (2) of this section, table and fortified wine in bottles and original packages, not to be consumed on the premises where sold, at any store other than the state liquor stores:  PROVIDED, Such licensee shall pay to the state liquor stores for wines purchased from such stores the current retail price; fee seventy-five dollars per annum:  PROVIDED, FURTHER, That a holder of a class A or 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.

    (2) The board shall issue a restricted class F license, authorizing the licensee to sell only table wine, if the board finds upon issuance or renewal of the license that the sale of fortified wine would be against the public interest.  In determining the public interest, the board shall consider at least the following factors:

    (a) The likelihood that the applicant will sell fortified wine to persons who are intoxicated;

    (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing fortified wine at the establishment; and

    (c) Whether the sale of fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

    If the board receives no evidence or objection that the sale of fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable.  The burden of establishing that the sale of fortified wine by the licensee would be against the public interest is on those persons objecting.

    (3) The board shall issue a class F license to a club as defined in RCW 66.04.010 that does not serve the general public but, through membership qualification, selectively restricts admission to the business, for the purposes of selling wine produced in the state of Washington with the club's own private label to club members for consumption off the club premises, limited to three cases per year per member.  A class F license issued to a club may be held by the club in conjunction with a class H license.

    (4) Licensees under this section whose business is primarily the sale of 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.

 

    Sec. 2.  RCW 66.24.450 and 1981 1st ex.s. c 5 s 18 are each amended to read as follows:

    No club shall be entitled to a class F or H license:

    (1) Unless such club has been in continuous operation for at least one year immediately prior to the date of its application for such license;

    (2) Unless the club premises be constructed and equipped, conducted, managed, and operated to the satisfaction of the board and in accordance with this title and the regulations made thereunder;

    (3) Unless the board shall have determined pursuant to any regulations made by it with respect to clubs, that such club is a bona fide club; it being the intent of this section that license shall not be granted to a club which is, or has been, primarily formed or activated to obtain a license to sell liquor, but solely to a bona fide club, where the sale of liquor is incidental to the main purposes of the club, as defined in RCW 66.04.010(5).

 


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