AN
ACT Relating to technical changes regarding designations for liquor licenses;
amending RCW 66.20.010, 66.24.244, 66.24.320, 66.24.400, 66.24.420, 66.24.425,
66.24.440, 66.24.450, 66.24.455, 66.28.010, 66.28.040, 66.28.200, 66.44.310, 66.98.060,
and 82.08.150; reenacting and amending RCW 66.24.010; and providing an
effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
66.20.010 and 1997 c 321 s 43 are each amended to read as follows:
Upon
application in the prescribed form being made to any employee authorized by the
board to issue permits, accompanied by payment of the prescribed fee, and upon
the employee being satisfied that the applicant should be granted a permit
under this title, the employee shall issue to the applicant under such
regulations and at such fee as may be prescribed by the board a permit of the
class applied for, as follows:
(1)
Where the application is for a special permit by a physician or dentist, or by
any person in charge of an institution regularly conducted as a hospital or
sanitorium for the care of persons in ill health, or as a home devoted
exclusively to the care of aged people, a special liquor purchase permit;
(2)
Where the application is for a special permit by a person engaged within the
state in mechanical or manufacturing business or in scientific pursuits
requiring alcohol for use therein, or by any private individual, a special
permit to purchase alcohol for the purpose named in the permit;
(3)
Where the application is for a special permit to consume liquor at a banquet,
at a specified date and place, a special permit to purchase liquor for
consumption at such banquet, to such applicants as may be fixed by the board;
(4)
Where the application is for a special permit to consume liquor on the premises
of a business not licensed under this title, a special permit to purchase
liquor for consumption thereon for such periods of time and to such applicants
as may be fixed by the board;
(5)
Where the application is for a special permit by a manufacturer to import or
purchase within the state alcohol, malt, and other materials containing alcohol
to be used in the manufacture of liquor, or other products, a special permit;
(6)
Where the application is for a special permit by a person operating a drug
store to purchase liquor at retail prices only, to be thereafter sold by such
person on the prescription of a physician, a special liquor purchase permit;
(7)
Where the application is for a special permit by an authorized representative
of a military installation operated by or for any of the armed forces within
the geographical boundaries of the state of Washington, a special permit to purchase
liquor for use on such military installation at prices to be fixed by the
board;
(8)
Where the application is for a special permit by a manufacturer, importer, or
distributor, or representative thereof, to serve liquor without charge to
delegates and guests at a convention of a trade association composed of
licensees of the board, when the said liquor is served in a hospitality room or
from a booth in a board-approved suppliers' display room at the convention, and
when the liquor so served is for consumption in the said hospitality room or
display room during the convention, anything in Title 66 RCW to the contrary
notwithstanding. Any such spirituous liquor shall be purchased from the board
or a ((full service)) spirits, beer, and wine restaurant licensee
and any such beer and wine shall be subject to the taxes imposed by RCW
66.24.290 and 66.24.210;
(9)
Where the application is for a special permit by a manufacturer, importer, or
distributor, or representative thereof, to donate liquor for a reception,
breakfast, luncheon, or dinner for delegates and guests at a convention of a
trade association composed of licensees of the board, when the liquor so
donated is for consumption at the said reception, breakfast, luncheon, or
dinner during the convention, anything in Title 66 RCW to the contrary
notwithstanding. Any such spirituous liquor shall be purchased from the board
or a ((class H)) spirits, beer, and wine restaurant licensee and
any such beer and wine shall be subject to the taxes imposed by RCW 66.24.290
and 66.24.210;
(10)
Where the application is for a special permit by a manufacturer, importer, or
distributor, or representative thereof, to donate and/or serve liquor without
charge to delegates and guests at an international trade fair, show, or
exposition held under the auspices of a federal, state, or local governmental
entity or organized and promoted by a nonprofit organization, anything in Title
66 RCW to the contrary notwithstanding. Any such spirituous liquor shall be
purchased from the board and any such beer or wine shall be subject to the
taxes imposed by RCW 66.24.290 and 66.24.210;
(11)
Where the application is for an annual special permit by a person operating a
bed and breakfast lodging facility to donate or serve wine or beer without
charge to overnight guests of the facility if the wine or beer is for
consumption on the premises of the facility. "Bed and breakfast lodging
facility," as used in this subsection, means a hotel or similar facility
offering from one to eight lodging units and breakfast to travelers and guests.
Sec.
2. RCW
66.24.010 and 1997 c 321 s 1 and 1997 c 58 s 873 are each reenacted and amended
to read as follows:
(1)
Every license shall be issued in the name of the applicant, and the holder
thereof shall not allow any other person to use the license.
(2)
For the purpose of considering any application for a license, the board may
cause an inspection of the premises to be made, and may inquire into all
matters in connection with the construction and operation of the premises. For
the purpose of reviewing any application for a license and for considering the
denial, suspension or revocation of any license, the liquor control board may
consider any prior criminal conduct of the applicant and the provisions of RCW
9.95.240 and of chapter 9.96A RCW shall not apply to such cases. The board
may, in its discretion, grant or refuse the license applied for. Authority to
approve an uncontested or unopposed license may be granted by the board to any
staff member the board designates in writing. Conditions for granting such
authority shall be adopted by rule. No retail license of any kind may be
issued to:
(a)
A person who has not resided in the state for at least one month prior to
making application, except in cases of licenses issued to dining places on
railroads, boats, or aircraft;
(b)
A copartnership, unless all of the members thereof are qualified to obtain a
license, as provided in this section;
(c)
A person whose place of business is conducted by a manager or agent, unless
such manager or agent possesses the same qualifications required of the
licensee;
(d)
A corporation or a limited liability company, unless it was created under the
laws of the state of Washington or holds a certificate of authority to transact
business in the state of Washington.
(3)(a)
The board may, in its discretion, subject to the provisions of RCW 66.08.150,
suspend or cancel any license; and all rights of the licensee to keep or sell
liquor thereunder shall be suspended or terminated, as the case may be.
(b)
The board shall immediately suspend the license or certificate of a person who
has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support order ((or
a residential or visitation order)). If the person has continued to meet
all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the board's receipt of a
release issued by the department of social and health services stating that the
licensee is in compliance with the order.
(c)
The board may request the appointment of administrative law judges under
chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for
the attendance of witnesses and the production of papers, books, accounts,
documents, and testimony, examine witnesses, and to receive testimony in any
inquiry, investigation, hearing, or proceeding in any part of the state, under
such rules and regulations as the board may adopt.
(d)
Witnesses shall be allowed fees and mileage each way to and from any such
inquiry, investigation, hearing, or proceeding at the rate authorized by RCW
34.05.446, as now or hereafter amended. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or other legal
evidence.
(e)
In case of disobedience of any person to comply with the order of the board or
a subpoena issued by the board, or any of its members, or administrative law
judges, or on the refusal of a witness to testify to any matter regarding which
he or she may be lawfully interrogated, the judge of the superior court of the
county in which the person resides, on application of any member of the board
or administrative law judge, shall compel obedience by contempt proceedings, as
in the case of disobedience of the requirements of a subpoena issued from said
court or a refusal to testify therein.
(4)
Upon receipt of notice of the suspension or cancellation of a license, the
licensee shall forthwith deliver up the license to the board. Where the
license has been suspended only, the board shall return the license to the
licensee at the expiration or termination of the period of suspension. The
board shall notify all vendors in the city or place where the licensee has its
premises of the suspension or cancellation of the license; and no employee may
allow or cause any liquor to be delivered to or for any person at the premises
of that licensee.
(5)(a)
At the time of the original issuance of a ((full service)) spirits,
beer, and wine restaurant license, the board shall prorate the license fee
charged to the new licensee according to the number of calendar quarters, or
portion thereof, remaining until the first renewal of that license is required.
(b)
Unless sooner canceled, every license issued by the board shall expire at midnight
of the thirtieth day of June of the fiscal year for which it was issued.
However, if the board deems it feasible and desirable to do so, it may
establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the
annual renewal dates for any and all licenses authorized by this chapter. If
such a system of staggered annual renewal dates is established by the board,
the license fees provided by this chapter shall be appropriately prorated
during the first year that the system is in effect.
(6)
Every license issued under this section shall be subject to all conditions and
restrictions imposed by this title or by the regulations in force from time to
time. All conditions and restrictions imposed by the board in the issuance of
an individual license shall be listed on the face of the individual license
along with the trade name, address, and expiration date.
(7)
Every licensee shall post and keep posted its license, or licenses, in a
conspicuous place on the premises.
(8)
Before the board shall issue a license to an applicant it shall give notice of
such application to the chief executive officer of the incorporated city or
town, if the application be for a license within an incorporated city or town,
or to the county legislative authority, if the application be for a license
outside the boundaries of incorporated cities or towns; and such incorporated
city or town, through the official or employee selected by it, or the county
legislative authority or the official or employee selected by it, shall have
the right to file with the board within twenty days after date of transmittal
of such notice, written objections against the applicant or against the
premises for which the license is asked, and shall include with such objections
a statement of all facts upon which such objections are based, and in case
written objections are filed, may request and the liquor control board may in
its discretion hold a formal hearing subject to the applicable provisions of
Title 34 RCW. Upon the granting of a license under this title the board shall
send a duplicate of the license or written notification to the chief executive
officer of the incorporated city or town in which the license is granted, or to
the county legislative authority if the license is granted outside the
boundaries of incorporated cities or towns.
(9)
Before the board issues any license to any applicant, it shall give (a) due
consideration to the location of the business to be conducted under such
license with respect to the proximity of churches, schools, and public
institutions and (b) written notice by certified mail of the application to
churches, schools, and public institutions within five hundred feet of the
premises to be licensed. The board shall issue no beer retailer license for either
on-premises or off-premises consumption or wine retailer license for either
on-premises or off-premises consumption or ((full service)) spirits,
beer, and wine restaurant license covering any premises not now licensed,
if such premises are within five hundred feet of the premises of any
tax-supported public elementary or secondary school measured along the most
direct route over or across established public walks, streets, or other public
passageway from the outer property line of the school grounds to the nearest
public entrance of the premises proposed for license, and if, after receipt by
the school or public institution of the notice as provided in this subsection,
the board receives written notice, within twenty days after posting such
notice, from an official representative or representatives of the school within
five hundred feet of said proposed licensed premises, indicating to the board
that there is an objection to the issuance of such license because of proximity
to a school. For the purpose of this section, church shall mean a building
erected for and used exclusively for religious worship and schooling or other
activity in connection therewith. No liquor license may be issued or reissued
by the board to any motor sports facility or licensee operating within the
motor sports facility unless the motor sports facility enforces a program
reasonably calculated to prevent alcohol or alcoholic beverages not purchased
within the facility from entering the facility and such program is approved by
local law enforcement agencies. It is the intent under this subsection that a
retail license shall not be issued by the board where doing so would, in the
judgment of the board, adversely affect a private school meeting the
requirements for private schools under Title 28A RCW, which school is within
five hundred feet of the proposed licensee. The board shall fully consider and
give substantial weight to objections filed by private schools. If a license
is issued despite the proximity of a private school, the board shall state in a
letter addressed to the private school the board's reasons for issuing the
license.
(10)
The restrictions set forth in subsection (9) of this section shall not prohibit
the board from authorizing the assumption of existing licenses now located
within the restricted area by other persons or licenses or relocations of
existing licensed premises within the restricted area. In no case may the
licensed premises be moved closer to a church or school than it was before the
assumption or relocation.
(11)
Nothing in this section prohibits the board, in its discretion, from issuing a
temporary retail or distributor license to an applicant assuming an existing
retail or distributor license to continue the operation of the retail or
distributor premises during the period the application for the license is
pending and when the following conditions exist:
(a)
The licensed premises has been operated under a retail or distributor license
within ninety days of the date of filing the application for a temporary
license;
(b)
The retail or distributor license for the premises has been surrendered
pursuant to issuance of a temporary operating license;
(c)
The applicant for the temporary license has filed with the board an application
to assume the retail or distributor license at such premises to himself or
herself; and
(d)
The application for a temporary license is accompanied by a temporary license
fee established by the board by rule.
A
temporary license issued by the board under this section shall be for a period
not to exceed sixty days. A temporary license may be extended at the
discretion of the board for an additional sixty-day period upon payment of an
additional fee and upon compliance with all conditions required in this
section.
Refusal
by the board to issue or extend a temporary license shall not entitle the
applicant to request a hearing. A temporary license may be canceled or
suspended summarily at any time if the board determines that good cause for
cancellation or suspension exists. RCW 66.08.130 and chapter 34.05 RCW shall
apply to temporary licenses.
Application
for a temporary license shall be on such form as the board shall prescribe. If
an application for a temporary license is withdrawn before issuance or is
refused by the board, the fee which accompanied such application shall be
refunded in full.
Sec.
3. RCW
66.24.244 and 1997 c 321 s 12 are each amended to read as follows:
(1)
There shall be a license for microbreweries; fee to be one hundred dollars for
production of less than sixty thousand barrels of malt liquor per year.
(2)
Any microbrewery license under this section may also act as a distributor
and/or retailer for beer of its own production. Any microbrewery operating as
a distributor and/or retailer under this subsection shall comply with the
applicable laws and rules relating to distributors and/or retailers.
(3)
The board may issue an endorsement to this license allowing for on-premises
consumption of beer, wine, or both of other manufacture if purchased from a
Washington state-licensed distributor. Each endorsement shall cost two hundred
dollars per year, or four hundred dollars per year allowing the sale and
service of both beer and wine.
(4)
The microbrewer obtaining such endorsement must determine, at the time the
endorsement is issued, whether the licensed premises will be operated either as
a tavern with persons under twenty-one years of age not allowed as provided for
in RCW 66.24.330, or as a ((limited service)) beer and/or wine
restaurant as described in RCW 66.24.320.
Sec.
4. RCW
66.24.320 and 1997 c 321 s 18 are each amended to read as follows:
There
shall be a ((limited service)) beer and/or wine restaurant
license to sell beer or wine, or both, at retail, for consumption on the
premises. A patron of the licensee may remove from the premises, recorked or
recapped in its original container, any portion of wine that was purchased for
consumption with a meal.
(1)
The annual fee shall be two hundred dollars for the beer license, two hundred
dollars for the wine license, or four hundred dollars for a combination beer
and wine license.
(2)
The board may issue a caterer's endorsement to this license to allow the
licensee to remove from the liquor stocks at the licensed premises, only those
types of liquor that are authorized under the on-premises license privileges
for sale and service at special occasion locations at a specified date and
place not currently licensed by the board. The privilege of selling and
serving liquor under the endorsement is limited to members and guests of a
society or organization as defined in RCW 66.24.375. Cost of the endorsement
is three hundred fifty dollars.
(a)
The holder of this license with catering endorsement shall, 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 licensee shall provide to the board
all necessary or requested information concerning the society or organization
that will be holding the function at which the endorsed license will be
utilized.
(b)
If attendance at the function will be limited to members and invited guests of
the sponsoring society or organization, the requirement that the society or
organization be within the definition of RCW 66.24.375 is waived.
Sec.
5. RCW
66.24.400 and 1997 c 321 s 26 are each amended to read as follows:
There
shall be a retailer's license, to be known and designated as a ((full
service)) spirits, beer, and wine restaurant license, to sell
spirituous liquor by the individual glass, beer, and wine, at retail, for
consumption on the premises, including mixed drinks and cocktails compounded or
mixed on the premises only: PROVIDED, That a hotel, or club licensed under
chapter 70.62 RCW with overnight sleeping accommodations, that is licensed
under this section may sell liquor by the bottle to registered guests of the
hotel or club for consumption in guest rooms, hospitality rooms, or at banquets
in the hotel or club: PROVIDED FURTHER, That a patron of a bona fide hotel,
restaurant, or club licensed under this section may remove from the premises
recorked or recapped in its original container any portion of wine which was
purchased for consumption with a meal, and registered guests who have purchased
liquor from the hotel or club by the bottle may remove from the premises any
unused portion of such liquor in its original container. Such license may be issued
only to bona fide restaurants, hotels and clubs, and to dining, club and buffet
cars on passenger trains, and to dining places on passenger boats and
airplanes, and to dining places at civic centers with facilities for sports,
entertainment, and conventions, and to such other establishments operated and
maintained primarily for the benefit of tourists, vacationers and travelers as
the board shall determine are qualified to have, and in the discretion of the
board should have, a ((full service)) spirits, beer, and wine
restaurant license under the provisions and limitations of this title.
Sec.
6. RCW
66.24.420 and 1997 c 321 s 27 are each amended to read as follows:
(1)
The ((full service restaurant)) spirits, beer, and wine restaurant
license shall be issued in accordance with the following schedule of annual
fees:
(a)
The annual fee for a ((full service)) spirits, beer, and wine
restaurant license shall be graduated according to the dedicated dining area
and type of service provided as follows:
Less
than 50% dedicated dining area $2,000
50%
or more dedicated dining area $1,600
Service
bar only $1,000
(b)
The annual fee for ((said)) the license when issued to any other
((full service)) spirits, beer, and wine restaurant licensee
outside of incorporated cities and towns shall be prorated according to the
calendar quarters, or portion thereof, during which the licensee is open for
business, except in case of suspension or revocation of the license.
(c)
Where the license shall be issued to any corporation, association or person
operating a bona fide restaurant in an airport terminal facility providing
service to transient passengers with more than one place where liquor is to be
dispensed and sold, such license shall be issued upon the payment of the annual
fee, which shall be a master license and shall permit such sale within and from
one such place. Such license may be extended to additional places on the
premises at the discretion of the board and a duplicate license may be issued
for each such additional place: PROVIDED, That the holder of a master license
for a restaurant in an airport terminal facility shall be required to maintain
in a substantial manner at least one place on the premises for preparing,
cooking, and serving of complete meals, and such food service shall be
available on request in other licensed places on the premises: PROVIDED,
FURTHER, That an additional license fee of twenty-five percent of the annual
master license fee shall be required for such duplicate licenses.
(d)
Where the license shall be issued to any corporation, association, or person
operating dining places at a publicly or privately owned civic or convention
center with facilities for sports, entertainment, or conventions, or a
combination thereof, with more than one place where liquor is to be dispensed
and sold, such license shall be issued upon the payment of the annual fee,
which shall be a master license and shall permit such sale within and from one
such place. Such license may be extended to additional places on the premises
at the discretion of the board and a duplicate license may be issued for each
such additional place: PROVIDED, That the holder of a master license for a
dining place at such a publicly or privately owned civic or convention center
shall be required to maintain in a substantial manner at least one place on the
premises for preparing, cooking, and serving of complete meals, and food
service shall be available on request in other licensed places on the
premises: PROVIDED FURTHER, That an additional license fee of ten dollars
shall be required for such duplicate licenses.
(e)
Where the license shall be issued to any corporation, association or person
operating more than one building containing dining places at privately owned
facilities which are open to the public and where there is a continuity of
ownership of all adjacent property, such license shall be issued upon the
payment of an annual fee which shall be a master license and shall permit such
sale within and from one such place. Such license may be extended to the
additional dining places on the property or, in the case of a ((full service))
spirits, beer, and wine restaurant licensed hotel, property owned or
controlled by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for special
events in the same metropolitan area, at the discretion of the board and a
duplicate license may be issued for each additional place: PROVIDED, That the
holder of the master license for the dining place shall not offer alcoholic
beverages for sale, service, and consumption at the additional place unless
food service is available at both the location of the master license and the
duplicate license: PROVIDED FURTHER, That an additional license fee of twenty
dollars shall be required for such duplicate licenses.
(2)
The board, so far as in its judgment is reasonably possible, shall confine ((full
service)) spirits, beer, and wine restaurant licenses to the
business districts of cities and towns and other communities, and not grant
such licenses in residential districts, nor within the immediate vicinity of
schools, without being limited in the administration of this subsection to any
specific distance requirements.
(3)
The board shall have discretion to issue ((full service)) spirits,
beer, and wine restaurant licenses outside of cities and towns in the state
of Washington. The purpose of this subsection is to enable the board, in its
discretion, to license in areas outside of cities and towns and other
communities, establishments which are operated and maintained primarily for the
benefit of tourists, vacationers and travelers, and also golf and country
clubs, and common carriers operating dining, club and buffet cars, or boats.
(4)
The total number of ((full service)) spirits, beer, and wine
restaurant licenses issued in the state of Washington by the board, not
including ((full service)) spirits, beer, and wine private club
licenses, shall not in the aggregate at any time exceed one license for each
fifteen hundred of population in the state, determined according to the yearly
population determination developed by the office of financial management
pursuant to RCW 43.62.030.
(5)
Notwithstanding the provisions of subsection (4) of this section, the board
shall refuse a ((full service)) spirits, beer, and wine
restaurant license to any applicant if in the opinion of the board the ((full
service)) spirits, beer, and wine restaurant licenses already
granted for the particular locality are adequate for the reasonable needs of
the community.
(6)
The board may issue a caterer's endorsement to this license to allow the
licensee to remove the liquor stocks at the licensed premises, for use as
liquor for sale and service at special occasion locations at a specified date
and place not currently licensed by the board. The privilege of selling and
serving liquor under such endorsement is limited to members and guests of a
society or organization as defined in RCW 66.24.375. Cost of the endorsement
is three hundred fifty dollars.
(a)
The holder of this license with catering endorsement shall, 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 licensee shall provide to the board
all necessary or requested information concerning the society or organization
that will be holding the function at which the endorsed license will be
utilized.
(b)
If attendance at the function will be limited to members and invited guests of
the sponsoring society or organization, the requirement that the society or
organization be within the definition of RCW 66.24.375 is waived.
Sec.
7. RCW
66.24.425 and 1997 c 321 s 28 are each amended to read as follows:
(1)
The board may, in its discretion, issue a ((full service)) spirits,
beer, and wine restaurant license to a business which qualifies as a
"restaurant" as that term is defined in RCW 66.24.410 in all respects
except that the business does not serve the general public but, through
membership qualification, selectively restricts admission to the business. For
purposes of RCW 66.24.400 and 66.24.420, all licenses issued under this section
shall be considered ((full service)) spirits, beer, and wine
restaurant licenses and shall be subject to all requirements, fees, and
qualifications in this title, or in rules adopted by the board, as are
applicable to ((full service)) spirits, beer, and wine restaurant
licenses generally except that no service to the general public may be
required.
(2)
No license shall be issued under this section to a business:
(a)
Which shall not have been in continuous operation for at least one year
immediately prior to the date of its application; or
(b)
Which denies membership or admission to any person because of race, creed,
color, national origin, sex, or the presence of any sensory, mental, or
physical handicap.
Sec.
8. RCW
66.24.440 and 1997 c 321 s 29 are each amended to read as follows:
Each
((full service)) spirits, beer, and wine restaurant, ((full
service)) spirits, beer, and wine private club, and sports
entertainment facility licensee shall be entitled to purchase any spirituous
liquor items salable under such license from the board at a discount of not
less than fifteen percent from the retail price fixed by the board, together
with all taxes.
Sec.
9. RCW
66.24.450 and 1997 c 321 s 30 are each amended to read as follows:
(1)
No club shall be entitled to a ((full service)) spirits, beer, and
wine private club license:
(a)
Unless such private club has been in continuous operation for at least one year
immediately prior to the date of its application for such license;
(b)
Unless the private 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;
(c)
Unless the board shall have determined pursuant to any regulations made by it
with respect to private clubs, that such private club is a bona fide private
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 private club, where the sale of
liquor is incidental to the main purposes of the private club, as defined in
RCW 66.04.010(7).
(2)
The annual fee for a ((full service)) spirits, beer, and wine
private club license, whether inside or outside of an incorporated city or
town, is seven hundred twenty dollars per year.
Sec.
10. RCW
66.24.455 and 1997 c 321 s 32 are each amended to read as follows:
Subject
to approval by the board, holders of beer ((and)) and/or wine
restaurant, tavern, snack bar, ((full service)) spirits, beer, and
wine restaurant, ((full service)) spirits, beer, and wine
private club, or beer and wine private club licenses may extend their premises
for the sale, service, and consumption of liquor authorized under their
respective licenses to the concourse or lane areas in a bowling establishment
where the concourse or lane areas are adjacent to the food preparation service
facility.
Sec.
11. RCW
66.28.010 and 1997 c 321 s 46 are each amended to read as follows:
(1)(a)
No manufacturer, importer, or distributor, or person financially interested,
directly or indirectly, in such business; whether resident or nonresident,
shall have any financial interest, direct or indirect, in any licensed retail
business; nor shall any manufacturer, importer, or distributor own any of the
property upon which such licensed persons conduct their business; nor shall any
such licensed person, under any arrangement whatsoever, conduct his or her
business upon property in which any manufacturer, importer, or distributor has
any interest unless title to that property is owned by a corporation in which a
manufacturer has no direct stock ownership and there are no interlocking
officers or directors, the retail license is held by an independent
concessionaire which is not owned directly or indirectly by the manufacturer or
property owner, the sales of liquor are incidental to the primary activity of
operating the property as an amphitheater offering live musical and similar
live entertainment activities to the public, alcoholic beverages produced by
the manufacturer are not sold at the licensed premises, and the board reviews
the ownership and proposed method of operation of all involved entities and
determines that there will not be an unacceptable level of control or undue
influence over the operation of the retail licensee. Except as provided in
subsection (3) of this section, no manufacturer, importer, or distributor shall
advance moneys or moneys' worth to a licensed person under an arrangement, nor
shall such licensed person receive, under an arrangement, an advance of moneys
or moneys' worth. "Person" as used in this section only shall not
include those state or federally chartered banks, state or federally chartered
savings and loan associations, state or federally chartered mutual savings
banks, or institutional investors which are not controlled directly or
indirectly by a manufacturer, importer, or distributor as long as the bank,
savings and loan association, or institutional investor does not influence or
attempt to influence the purchasing practices of the retailer with respect to
alcoholic beverages. No manufacturer, importer, or distributor shall be
eligible to receive or hold a retail license under this title, nor shall such
manufacturer, importer, or distributor sell at retail any liquor as herein
defined.
(b)
Nothing in this section shall prohibit a licensed domestic brewery or
microbrewery from being licensed as a retailer pursuant to chapter 66.24 RCW
for the purpose of selling beer or wine at retail on the brewery premises and
nothing in this section shall prohibit a domestic winery from being licensed as
a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or
wine at retail on the winery premises. Such beer and wine so sold at retail
shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210 and to
reporting and bonding requirements as prescribed by regulations adopted by the
board pursuant to chapter 34.05 RCW, and beer and wine that is not produced by
the brewery or winery shall be purchased from a licensed beer or wine
distributor.
(c)
Nothing in this section shall prohibit a licensed domestic brewery,
microbrewery, domestic winery, or a lessee of a licensed domestic brewer,
microbrewery, or domestic winery, from being licensed as a ((full service))
spirits, beer, and wine restaurant pursuant to chapter 66.24 RCW for the
purpose of selling liquor at a ((full service)) spirits, beer, and
wine restaurant premises on the property on which the primary manufacturing
facility of the licensed domestic brewer, microbrewery, or domestic winery is
located or on contiguous property owned by the licensed domestic brewer,
microbrewery, or domestic winery as prescribed by rules adopted by the board
pursuant to chapter 34.05 RCW.
(2)
Financial interest, direct or indirect, as used in this section, shall include
any interest, whether by stock ownership, mortgage, lien, or through
interlocking directors, or otherwise. Pursuant to rules promulgated by the
board in accordance with chapter 34.05 RCW manufacturers, distributors, and
importers may perform, and retailers may accept the service of building,
rotating and restocking case displays and stock room inventories; rotating and
rearranging can and bottle displays of their own products; provide point of
sale material and brand signs; price case goods of their own brands; and
perform such similar normal business services as the board may by regulation
prescribe.
(3)(a)
This section does not prohibit a manufacturer, importer, or distributor from
providing services to a special occasion licensee for: (i) Installation of
draft beer dispensing equipment or advertising, (ii) advertising, pouring, or
dispensing of beer or wine at a beer or wine tasting exhibition or judging
event, or (iii) a special occasion licensee from receiving any such services as
may be provided by a manufacturer, importer, or distributor. Nothing in this
section shall prohibit a retail licensee, or any person financially interested,
directly or indirectly, in such a retail licensee from having a financial
interest, direct or indirect, in a business which provides, for a compensation
commensurate in value to the services provided, bottling, canning or other
services to a manufacturer, so long as the retail licensee or person interested
therein has no direct financial interest in or control of said manufacturer.
(b)
A person holding contractual rights to payment from selling a liquor
distributor's business and transferring the license shall not be deemed to have
a financial interest under this section if the person (i) lacks any ownership
in or control of the distributor, (ii) is not employed by the distributor, and
(iii) does not influence or attempt to influence liquor purchases by retail
liquor licensees from the distributor.
(c)
The board shall adopt such rules as are deemed necessary to carry out the
purposes and provisions of subsection (3)(a) of this section in accordance with
the administrative procedure act, chapter 34.05 RCW.
(4)
A license issued under RCW 66.24.395 does not constitute a retail license for
the purposes of this section.
(5)
A public house license issued under RCW 66.24.580 does not violate the
provisions of this section as to a retailer having an interest directly or
indirectly in a liquor-licensed manufacturer.
Sec.
12. RCW
66.28.040 and 1997 c 39 s 1 are each amended to read as follows:
Except
as permitted by the board under RCW 66.20.010, no ((brewer, wholesaler,))
brewery, distributor, distiller, winery, importer, rectifier, or other
manufacturer of liquor shall, within the state, ((by himself 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,))
brewery, distributor, winery, distiller, or importer from furnishing
samples of beer, 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))
distributor from furnishing beer, 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)) distributor 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.
13. RCW
66.28.200 and 1997 c 321 s 38 are each amended to read as follows:
Licensees
holding a ((limited service)) beer and/or wine restaurant or a
tavern license in combination with an off-premises beer and wine retailer's
license may sell malt liquor in kegs or other containers capable of holding
four gallons or more of liquid. Under a special endorsement from the board, a
grocery store licensee may sell malt liquor in containers no larger than five
and one-half gallons. The sale of any container holding four gallons or more must
comply with the provisions of this section and RCW 66.28.210 through
66.28.240. Any person who sells or offers for sale the contents of kegs or
other containers containing four gallons or more of malt liquor, or leases kegs
or other containers that will hold four gallons of malt liquor, to consumers
who are not licensed under chapter 66.24 RCW shall do the following for any
transaction involving the container:
(1)
Require the purchaser of the malt liquor to sign a declaration and receipt for
the keg or other container or beverage in substantially the form provided in
RCW 66.28.220;
(2)
Require the purchaser to provide one piece of identification pursuant to RCW
66.16.040;
(3)
Require the purchaser to sign a sworn statement, under penalty of perjury,
that:
(a)
The purchaser is of legal age to purchase, possess, or use malt liquor;
(b)
The purchaser will not allow any person under the age of twenty-one years to
consume the beverage except as provided by RCW 66.44.270;
(c)
The purchaser will not remove, obliterate, or allow to be removed or
obliterated, the identification required under RCW 66.28.220 to be affixed to
the container;
(4)
Require the purchaser to state the particular address where the malt liquor
will be consumed, or the particular address where the keg or other container
will be physically located; and
(5)
Require the purchaser to maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container, in no event a distance greater than
five feet, and visible without a physical barrier from the keg, during the time
that the keg or other container is in the purchaser's possession or control.
Sec.
14. RCW
66.44.310 and 1997 c 321 s 53 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 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 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 spirits,
beer, and wine private club ((full service)) 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 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 licensed premises or portions of licensed premises as
off-limits to persons under the age of twenty-one years of age.
Sec.
15. RCW
66.98.060 and 1997 c 321 s 54 are each amended to read as follows:
Notwithstanding
any provisions of chapter 62, Laws of 1933 ex. sess., as last amended, or of
any provisions of any other law which may otherwise be applicable, it shall be
lawful for the holder of a ((full service)) spirits, beer, and wine
restaurant license to sell beer, wine, and spirituous liquor in this state in
accordance with the terms of chapter 5, Laws of 1949.
Sec.
16. RCW
82.08.150 and 1997 c 321 s 55 are each amended to read as follows:
(1)
There is levied and shall be collected a tax upon each retail sale of spirits,
or strong beer in the original package at the rate of fifteen percent of the
selling price. The tax imposed in this subsection shall apply to all such
sales including sales by the Washington state liquor stores and agencies, but
excluding sales to ((full service)) spirits, beer, and wine
restaurant licensees.
(2)
There is levied and shall be collected a tax upon each sale of spirits, or
strong beer in the original package at the rate of ten percent of the selling
price on sales by Washington state liquor stores and agencies to ((full
service)) spirits, beer, and wine restaurant licensees.
(3)
There is levied and shall be collected an additional tax upon each retail sale
of spirits in the original package at the rate of one dollar and seventy-two
cents per liter. The additional tax imposed in this subsection shall apply to
all such sales including sales by Washington state liquor stores and agencies,
and including sales to ((full service)) spirits, beer, and wine
restaurant licensees.
(4)
An additional tax is imposed equal to fourteen percent multiplied by the taxes
payable under subsections (1), (2), and (3) of this section.
(5)
An additional tax is imposed upon each retail sale of spirits in the original
package at the rate of seven cents per liter. The additional tax imposed in
this subsection shall apply to all such sales including sales by Washington
state liquor stores and agencies, and including sales to ((full service))
spirits, beer, and wine restaurant licensees. All revenues collected
during any month from this additional tax shall be deposited in the violence
reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth
day of the following month.
(6)(a)
An additional tax is imposed upon retail sale of spirits in the original
package at the rate of one and seven-tenths percent of the selling price
through June 30, 1995, two and six-tenths percent of the selling price for the
period July 1, 1995, through June 30, 1997, and three and four-tenths of the
selling price thereafter. This additional tax applies to all such sales
including sales by Washington state liquor stores and agencies, but excluding
sales to ((full service)) spirits, beer, and wine restaurant
licensees.
(b)
An additional tax is imposed upon retail sale of spirits in the original
package at the rate of one and one-tenth percent of the selling price through
June 30, 1995, one and seven-tenths percent of the selling price for the period
July 1, 1995, through June 30, 1997, and two and three-tenths of the selling
price thereafter. This additional tax applies to all such sales to ((full
service)) spirits, beer, and wine restaurant licensees.
(c)
An additional tax is imposed upon each retail sale of spirits in the original
package at the rate of twenty cents per liter through June 30, 1995, thirty
cents per liter for the period July 1, 1995, through June 30, 1997, and
forty-one cents per liter thereafter. This additional tax applies to all such
sales including sales by Washington state liquor stores and agencies, and
including sales to ((full service)) spirits, beer, and wine
restaurant licensees.
(d)
All revenues collected during any month from additional taxes under this
subsection shall be deposited in the health services account created under RCW
43.72.900 by the twenty-fifth day of the following month.
(7)
The tax imposed in RCW 82.08.020 shall not apply to sales of spirits or strong
beer in the original package.
(8)
The taxes imposed in this section shall be paid by the buyer to the seller, and
each seller shall collect from the buyer the full amount of the tax payable in
respect to each taxable sale under this section. The taxes required by this
section to be collected by the seller shall be stated separately from the
selling price and for purposes of determining the tax due from the buyer to the
seller, it shall be conclusively presumed that the selling price quoted in any
price list does not include the taxes imposed by this section.
(9)
As used in this section, the terms, "spirits," "strong
beer," and "package" shall have the meaning ascribed to them in
chapter 66.04 RCW.
NEW
SECTION. Sec. 17. This
act takes effect July 1, 1998.
