BP BHEAD INT S [atlas:bill]

AN ACT Relating to the restricted use of spirituous liquor at no charge; and amending RCW 66.28.040, 66.28.150, and 66.28.155.

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

Sec. 1. RCW 66.28.040 and 1987 c 452 s 15 are each amended to read as follows:

Except as permitted by the board under RCW 66.20.010, no brewer, wholesaler, distiller, winery, importer, rectifier, or other manufacturer of liquor shall, within the state, by himself((~~, his~~)) or herself, a clerk, servant, or agent, give to any person any liquor; but nothing in this section nor in RCW 66.28.010 shall prevent a brewer, wholesaler, winery, distiller, or importer from furnishing samples of beer ((or)), wine, or spirituous liquor to authorized licensees for the purpose of negotiating a sale, in accordance with regulations adopted by the liquor control board, provided that the samples are subject to taxes imposed by RCW 66.24.290 and 66.24.210, and in the case of spirituous liquor, any product used for samples must be purchased at retail from the board; nothing in this section shall prevent the furnishing of samples of liquor to the board for the purpose of negotiating the sale of liquor to the state liquor control board; nothing in this section shall prevent a brewery, winery, distillery, or wholesaler from furnishing beer ((or)), wine, or spirituous liquor for instructional purposes under RCW 66.28.150 and 66.28.155; nothing in this section shall prevent a winery or wholesaler from furnishing wine without charge to a not-for-profit group organized and operated solely for the purpose of enology or the study of viticulture which has been in existence for at least six months and any wine so furnished shall be used solely for such educational purposes, provided that the wine furnished shall be subject to the taxes imposed by RCW 66.24.210; nothing in this section shall prevent a brewer from serving beer without charge, on the brewery premises; nothing in this section shall prevent donations of wine for the purposes of RCW 66.12.180; and nothing in this section shall prevent a domestic winery from serving wine without charge, on the winery premises.

Sec. 2. RCW 66.28.150 and 1982 1st ex.s. c 26 s 1 are each amended to read as follows:

A brewery, winery, ((or)) distillery, wholesaler, or its licensed agent may, without charge, instruct licensees and their employees, or conduct courses of instruction for licensees and their employees, on the subject of beer ((or)), wine, or spirituous liquor, including but not limited to, the history, nature, values, and characteristics of beer ((or)), wine, or spirituous liquor, the use of wine lists, and the methods of presenting, serving, storing, and handling beer ((or)), wine, or spirituous liquor. The brewery, winery, ((or)) distillery, wholesaler, or its licensed agent may furnish beer ((or)), wine, or spirituous liquor and such other equipment, materials, and utensils as may be required for use in connection with the instruction or courses of instruction. The instruction or courses of instruction may be given at the premises of the brewery, winery, distillery, or wholesaler, at the premises of a retail licensee, or elsewhere.

Sec. 3. RCW 66.28.155 and 1984 c 196 s 1 are each amended to read as follows:

A brewery, winery, distillery, wholesaler, or its licensed agent may conduct educational activities or provide product information to the consumer on the licensed premises of a retailer. Information on the subject of wine ((or)), beer, or spirituous liquor, including but not limited to, the history, nature, quality, and characteristics of a wine ((or)), beer, or spirituous liquor, methods of harvest, production, storage, handling, and distribution of a wine ((or)), beer, or spirituous liquor, and the general development of the wine ((~~and~~)), beer, and spirituous liquor industry may be provided by a brewery, winery, distillery, wholesaler, or its licensed agent to the public on the licensed premises of a retailer. The retailer requesting such activity shall attempt to schedule a series of brewery, winery, or distillery and wholesaler appearances in an effort to equitably represent the industries. Nothing in this section permits a brewery, winery, distillery, wholesaler, or its licensed agent to receive compensation or financial benefit from the educational activities or product information presented on the licensed premises of a retailer. The promotional value of such educational activities or product information shall not be considered advancement of moneys or of moneys' worth within the meaning of RCW 66.28.010.