H-1691

AN ACT Relating to the regulation of liquor sales in designated restricted liquor zones; amending RCW 66.04.010, 66.24.360, and 66.24.370; adding new sections to chapter 66.24 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that certain areas of the state have continuous problems with certain individuals who abuse liquor. These individuals create undesirable impacts on communities by placing increased demands upon emergency service, medical care resources, health and sanitation facilities, public and private institutions providing treatment and detoxification services, and public areas such as parks and sidewalks. These problems place burdens upon the budgets and human resources of the areas and impact the business community adversely. The legislature seeks to provide additional management tools to state and local governmental agencies confronted by these problems and involved in seeking solutions.

NEW SECTION. Sec. 2. A new section is added to chapter 66.24 RCW to read as follows:

The board may designate by rule restricted liquor zones. When making a designation, the board must find that the zone suffers serious impacts from liquor sales. Impact may include, but is not limited to, increased law enforcement problems, increased demand for medical care, impairment of the use and enjoyment of public spaces and private property, and impacts on alcohol treatment services.

NEW SECTION. Sec. 3. A new section is added to chapter 66.24 RCW to read as follows:

(1) The board may adopt rules that restrict the off-premises sales of beer or wine within areas that have been designated by the board to be restricted liquor zones pursuant to section 2 of this act. Such restrictions may include, but are not limited to: (a) Restrictions on hours of sale of beer or wine for off-premises consumption; (b) prohibitions of sale of fortified wine or products designated as restricted by the board; and (c) restrictions on container sizes of beer and wine sold for off-premises consumption.

(2) The board may issue or renew an E, F, Fr, or E-Fr license subject to such conditions as will minimize the negative impact of the establishment, if the licensee is located within a restricted liquor zone or if the board finds, pursuant to RCW 66.24.360 and/or 66.24.370, that the issuance or renewal of an unrestricted license would be contrary to the public interest. Such conditions may include, but are not limited to, restrictions on hours of sale of beer or wine for off-premises consumption, prohibitions of sale of fortified wine and products designated as restricted by the board, and restrictions on container sizes of beer and wine sold for off-premises consumption. In determining which conditions are necessary, the board shall give substantial weight to the recommendations of the municipality or county.

Sec. 4. 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) "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) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.

(3) "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) "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) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

(7) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.

(8) "Distiller" means a person engaged in the business of distilling spirits.

(9) "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) "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) "Employee" means any person employed by the board, including a vendor, as hereinafter in this section defined.

(12) "Fund" means 'liquor revolving fund.'

(13) "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, 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 shall have authority to waive the provisions requiring twenty or more rooms.

(14) "Imprisonment" means confinement in the county jail.

(15) "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) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.

(17) "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) "Package" means any container or receptacle used for holding liquor.

(19) "Permit" means a permit for the purchase of liquor under this title.

(20) "Person" means an individual, sole proprietorship, copartnership, association, or corporation.

(21) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.

(22) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

(23) "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) "Regulations" means regulations made by the board under the powers conferred by this title.

(25) "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) "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 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 to a person not licensed by the board, 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.

(27) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

(28) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

(29) "Store" means a state liquor store established under this title.

(30) "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) "Vendor" means a person employed by the board as a store manager under this title.

(32) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.

(33) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.

(34) "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." The board may identify, by rule, specific wine products having an alcohol content of less than fourteen percent, that are the beverages of choice for chronic public inebriates, to be considered "fortified wines" for purposes of restricting sales for off-premises consumption by certain licensees. This identification does not change the taxable status of the product, but may be used to control distribution of the product. 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) "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) "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.

Sec. 5. RCW 66.24.360 and 1993 c 21 s 1 are each amended to read as follows:

(1) There shall be a beer retailer's license to be designated as a class E license to sell beer at retail in bottles and original packages, not to be consumed upon the premises where sold, at any store other than the state liquor stores. Licensees holding only an E license may also sell malt liquor in kegs or other containers capable of holding less than five and one-half gallons of liquid. The annual fee for the license is seventy-five dollars for each store: PROVIDED, That a holder of a class A or a 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. Licensees under this section whose business is primarily the sale of beer and/or 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. Sampling activities of licensees under this section shall be subject to RCW 66.28.010 and 66.28.040 and the cost of sampling under this section may not be borne, directly or indirectly, by any manufacturer, importer, or wholesaler of liquor.

For the purpose of this section, "beer" includes, in addition to the usual and customary meaning, bottle conditioned beer which has been fermented partially or completely in the container in which it is sold to the retail customer and which may contain residual active yeast. The bottles and original packages in which such bottle conditioned beer may be sold under this section shall not exceed one hundred seventy ounces in capacity.

(2) The board shall issue a restricted class E license, imposing a restriction on the size of beer containers that may be sold and on the hours of alcohol sales, if the board finds upon issuance or renewal of the license that the unrestricted sale of beer for off-premises consumption would be against the public interest. In determining the public interest, the board shall consider at least the following factors:

(a) Law enforcement problems in the vicinity of the applicant's establishment that may arise from the unrestricted sale of beer;

(b) Increased demand for medical care;

(c) Whether the unrestricted sale of beer for off-premises consumption would be detrimental to or inconsistent with an alcohol treatment or detoxification program in the area;

(d) Whether the full use and enjoyment of public spaces and private property in the vicinity of the applicant's establishment are impaired by excessive consumption of large containers of beer and related intoxicated behavior; and

(e) The likelihood that large containers of beer sold by the applicant's establishment will be consumed in public or by persons who are intoxicated.

If the board receives no evidence or objection that the unrestricted sale of beer would be against the public interest, it shall issue or renew the license without restriction, as applicable.

Sec. 6. 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~~)) prohibiting the sale of fortified 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)~~)) (b) Increased demand for medical care;

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

(d) Whether full use and enjoyment of the public spaces and private property in the vicinity of the applicant's establishment are impaired by excessive consumption of fortified wine and related intoxicated behavior; and

(e) The likelihood that fortified wine sold by the applicant's establishment will be consumed in public or by persons who are intoxicated.

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) 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.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.