CERTIFICATION OF ENROLLMENT
SENATE BILL 5338
Chapter 39, Laws of 1997
55th Legislature
1997 Regular Session
FURNISHING LIQUORS AT NO CHARGE--AUTHORIZED USES
EFFECTIVE DATE: 7/27/97
Passed by the Senate March 13, 1997 YEAS 39 NAYS 8
BRAD OWEN President of the Senate
Passed by the House April 8, 1997 YEAS 88 NAYS 9 |
CERTIFICATE
I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5338 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
CLYDE BALLARD Speaker of the House of Representatives |
MIKE O'CONNELL Secretary
|
Approved April 16, 1997 |
FILED
April 16, 1997 - 6:13 p.m. |
|
|
GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
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SENATE BILL 5338
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Passed Legislature - 1997 Regular Session
State of Washington 55th Legislature 1997 Regular Session
By Senators Horn, Heavey and Schow
Read first time 01/23/97. Referred to Committee on Commerce & Labor.
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.
Passed the Senate March 13, 1997.
Passed the House April 8, 1997.
Approved by the Governor April 16, 1997.
Filed in Office of Secretary of State April 16, 1997.