H-3599.4 _______________________________________________
HOUSE BILL 2920
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Grant, Clements, Cooper, Chandler and Edwards
Read first time 02/06/2002. Referred to Committee on Commerce & Labor.
AN ACT Relating to the daily operation of state liquor stores and liquor vendors; amending RCW 66.08.030 and 66.08.060; and repealing RCW 66.16.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 66.08.030 and 1977 ex.s. c 115 s 1 are each amended to read as follows:
(1) For the purpose of
carrying into effect the provisions of this title according to their true
intent or of supplying any deficiency therein, the board may make such ((regulations))
rules not inconsistent with the spirit of this title as are ((deemed))
necessary or advisable. All ((regulations so made)) rules shall
be a public record and shall be filed in the office of the code reviser, and ((thereupon))
shall have the same force and effect as if incorporated in this title. ((Such
regulations)) These rules, together with a copy of this title, shall
be published in pamphlets and shall be distributed as directed by the board.
(2) Without ((thereby))
limiting the generality of the provisions contained in subsection (1) of
this section, it is declared that the power of the board to make ((regulations))
rules in the manner set out in that subsection shall extend to:
(a) Regulating the equipment and management of stores and warehouses in which state liquor is sold or kept, and prescribing the books and records to be kept therein and the reports to be made thereon to the board;
(b) Prescribing the duties of the employees of the board, and regulating their conduct in the discharge of their duties;
(c) Governing the purchase of liquor by the state and the furnishing of liquor to stores established under this title;
(d) Determining the classes, varieties, and brands of liquor to be kept for sale at any store;
(e) Prescribing((,
subject to RCW 66.16.080,)) the hours during which the state liquor stores
shall be kept open for the sale of liquor;
(f) Providing for the issuing and distributing of price lists showing the price to be paid by purchasers for each variety of liquor kept for sale under this title;
(g) Prescribing an official seal and official labels and stamps and determining the manner in which they shall be attached to every package of liquor sold or sealed under this title, including the prescribing of different official seals or different official labels for different classes of liquor;
(h) Providing for the payment by the board in whole or in part of the carrying charges on liquor shipped by freight or express;
(i) Prescribing
forms to be used for purposes of this title or the ((regulations)) rules,
and the terms and conditions to be contained in permits and licenses issued
under this title;
(j) Prescribing
the fees payable in respect of permits and licenses issued under this title for
which no fees are prescribed in this title, and prescribing the fees for
anything done or permitted to be done under the ((regulations)) rules;
(k) Prescribing the kinds and quantities of liquor which may be kept on hand by the holder of a special permit for the purposes named in the permit, regulating the manner in which the same shall be kept and disposed of, and providing for the inspection of the same at any time at the instance of the board;
(l) Regulating the sale of liquor kept by the holders of licenses which entitle the holder to purchase and keep liquor for sale;
(m) Prescribing the records of purchases or sales of liquor kept by the holders of licenses, and the reports to be made thereon to the board, and providing for inspection of the records so kept;
(n) Prescribing the kinds and quantities of liquor for which a prescription may be given, and the number of prescriptions which may be given to the same patient within a stated period;
(o) Prescribing
the manner of giving and serving notices required by this title or the ((regulations))
rules, where not otherwise provided for in this title;
(p) Regulating premises in which liquor is kept for export from the state, or from which liquor is exported, prescribing the books and records to be kept therein and the reports to be made thereon to the board, and providing for the inspection of the premises and the books, records and the liquor so kept;
(q) Prescribing the conditions and qualifications requisite for the obtaining of club licenses and the books and records to be kept and the returns to be made by clubs, prescribing the manner of licensing clubs in any municipality or other locality, and providing for the inspection of clubs;
(r) Prescribing
the conditions, accommodations, and qualifications requisite for the
obtaining of licenses to sell beer and wines, and regulating the sale of beer
and wines ((thereunder));
(s) Specifying and regulating the time and periods when, and the manner, methods, and means by which manufacturers shall deliver liquor within the state; and the time and periods when, and the manner, methods, and means by which liquor may lawfully be conveyed or carried within the state;
(t) Providing
for the making of returns by brewers of their sales of beer shipped within the
state, or from the state, showing the gross amount of ((such)) the
sales and providing for the inspection of brewers' books and records, and for
the checking of the accuracy of any ((such)) returns;
(u) Providing for the making of returns by the wholesalers of beer whose breweries are located beyond the boundaries of the state;
(v) Providing
for the making of returns by any other liquor manufacturers, showing the gross
amount of liquor produced or purchased, the amount sold within and exported
from the state, and to whom so sold or exported, and providing for the
inspection of the premises of any ((such)) liquor manufacturers, their
books and records, and for the checking of any ((such)) return;
(w) Providing
for the giving of fidelity bonds by any or all of the employees of the board((:
PROVIDED, That)). However, the premiums ((therefor)) shall
be paid by the board;
(x) Providing for the shipment by mail or common carrier of liquor to any person holding a permit and residing in any unit which has, by election pursuant to this title, prohibited the sale of liquor therein;
(y) Prescribing methods of manufacture, conditions of sanitation, standards of ingredients, quality and identity of alcoholic beverages manufactured, sold, bottled, or handled by licensees and the board; and conducting from time to time, in the interest of the public health and general welfare, scientific studies and research relating to alcoholic beverages and the use and effect thereof; and
(z) Seizing,
confiscating, and destroying all alcoholic beverages manufactured, sold,
or offered for sale within this state which do not conform in all respects to
the standards prescribed by this title or the ((regulations)) rules
of the board((: PROVIDED, Nothing herein contained shall be construed as
authorizing)). The liquor board ((to)) may not
prescribe, alter, limit, or in any way change the present law as to the
quantity or percentage of alcohol used in the manufacturing of wine or other
alcoholic beverages.
Sec. 2. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:
The board shall not
advertise liquor ((in any form or)) through any electronic medium
whatsoever. The board shall have power to adopt any and all reasonable ((regulations))
rules as to the kind, character, and location of advertising of
liquor.
NEW SECTION. Sec. 3. RCW 66.16.080 (Sunday closing) and 1988 c 101 s 1 & 1933 ex.s. c 62 s 11 are each repealed.
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