BILL REQ. #: H-0061.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Prefiled 1/3/2003. Read first time 01/13/2003. Referred to Committee on Commerce & Labor.
AN ACT Relating to the privatization of the state's retail and wholesale liquor sales; amending RCW 66.04.010, 66.08.020, 66.08.050, 66.08.150, 66.24.010, 66.16.010, 66.16.040, 66.16.060, 66.16.070, 66.16.080, 66.16.100, 66.16.110, 66.20.010, 66.20.160, 66.20.170, 66.20.180, 66.20.190, 66.20.200, 66.20.210, 66.44.150, 66.24.440, 66.24.540, 66.24.410, 66.08.030, 66.12.110, and 66.12.120; adding a new chapter to Title 66 RCW; creating a new section; repealing RCW 66.16.030 and 66.16.090; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 101 RCW 66.04.010 and 2000 c 142 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) "Beer distributor" means a person who buys beer from a brewer
or brewery located either within or beyond the boundaries of the state,
beer importers, or foreign produced beer from a source outside the
state of Washington, for the purpose of selling the same pursuant to
this title, or who represents such brewer or brewery as agent.
(4) "Beer importer" means a person or business within Washington
who purchases beer from a United States brewery holding a certificate
of approval (B5) or foreign produced beer from a source outside the
state of Washington for the purpose of selling the same pursuant to
this title.
(5) "Brewer" means any person engaged in the business of
manufacturing beer and malt liquor. Brewer includes a brand owner of
malt beverages who holds a brewer's notice with the federal bureau of
alcohol, tobacco, and firearms at a location outside the state and
whose malt beverage is contract-produced by a licensed in-state
brewery, and who may exercise within the state, under a domestic
brewery license, only the privileges of storing, selling to licensed
beer distributors, and exporting beer from the state.
(6) "Board" means the liquor control board, constituted under this
title.
(7) "Club" means an organization of persons, incorporated or
unincorporated, operated solely for fraternal, benevolent, educational,
athletic or social purposes, and not for pecuniary gain.
(8) "Consume" includes the putting of liquor to any use, whether by
drinking or otherwise.
(9) "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.
(10) "Distiller" means a person engaged in the business of
distilling spirits.
(11) "Domestic brewery" means a place where beer and malt liquor
are manufactured or produced by a brewer within the state.
(12) "Domestic winery" means a place where wines are manufactured
or produced within the state of Washington.
(13) "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.
(14) "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.
(15) "Employee" means any person employed by the board, including
a vendor, as hereinafter in this section defined.
(16) "Franchise" means the privilege of selling spirits and strong
beer in original packages for off-premises consumption and the sale of
alcohol to holders of a permit to purchase.
(17) "Franchise applicant" means any person who bids for a
franchise to sell spirits, strong beer, and alcohol in accordance with
the provisions of this title.
(18) "Franchise area" means a geographic area designated as such by
the board for the purpose of issuing franchises.
(19) "Franchisee" means the holder of a franchise to sell spirits
and strong beer in original packages for off-premises consumption and
the sale of alcohol to holders of a permit to purchase.
(20) "Fund" means 'liquor revolving fund.'
(((17))) (21) "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.
(((18))) (22) "Importer" means a person who buys distilled spirits
from a distillery outside the state of Washington and imports such
spirituous liquor into the state for sale to the board or for export.
(((19))) (23) "Imprisonment" means confinement in the county jail.
(((20))) (24) "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.
(((21))) (25) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
(((22))) (26) "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."
(((23))) (27) "Package" means any container or receptacle used for
holding liquor.
(((24))) (28) "Permit" means a permit for the purchase of liquor
under this title.
(((25))) (29) "Person" means an individual, copartnership,
association, or corporation.
(((26))) (30) "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.
(((27))) (31) "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.
(((28))) (32) "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.
(((29))) (33) "Regulations" means regulations made by the board
under the powers conferred by this title.
(((30))) (34) "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.
(((31))) (35) "Retail liquor store" means a specific location where
spirits, strong beer, and alcohol may be lawfully sold by a franchisee
under provisions of this title.
(36) "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.
(((32))) (37) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks, whether mixed
or otherwise.
(((33))) (38) "Spirits" means any beverage which contains alcohol
obtained by distillation, including wines exceeding twenty-four percent
of alcohol by volume.
(((34))) (39) "Store" means a state liquor store established under
this title.
(((35))) (40) "Strong beer" means malt beverage or malt liquor as
defined in this section that has an alcohol content of more than eight
percent alcohol by weight.
(41) "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.
(((36))) (42) "Vendor" means a person employed by the board as a
store manager under this title.
(((37))) (43) "Winery" means a business conducted by any person for
the manufacture of wine for sale, other than a domestic winery.
(((38))) (44) "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." 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."
(((39))) (45) "Wine distributor" 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.
(((40))) (46) "Wine importer" means a person or business within
Washington who purchases wine from a United States winery holding a
certificate of approval (W7) or foreign produced wine from a source
outside the state of Washington for the purpose of selling the same
pursuant to this title.
Sec. 201 RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended
to read as follows:
The administration of this title, including the general control,
management and supervision of all liquor stores and the regulation of
retail liquor stores and liquor agencies, in addition to the
prohibitions in section 209 of this act, shall be vested in the liquor
control board, constituted under this title.
NEW SECTION. Sec. 202
NEW SECTION. Sec. 203
NEW SECTION. Sec. 204
(1) By rule, establish the franchise period, expiration date, and
renewal procedures;
(2) By rule, enforce this chapter through rule making and
administrative penalties;
(3) Enter the facility of any franchisee at any time for the
purpose of inspecting the facility and determining the compliance of
the franchisee with this title and any implementing rules;
(4) By rule, prescribe the records to be kept by franchisees
relating to the purchase and sale of spirits, strong beer, and alcohol.
These records shall be open at all reasonable times to inspection by
the board.
(5) Adopt rules for advertising and other promotion of sales of
spirits, strong beer, and alcohol in accordance with RCW 66.08.060.
NEW SECTION. Sec. 205
(2) After state liquor sales are converted to franchises under
sections 202 and 203 of this act, it is unlawful for the board to lease
space for or operate a state retail or wholesale liquor outlet.
Sec. 206 RCW 66.08.050 and 1997 c 228 s 1 are each amended to
read as follows:
The board, subject to the provisions of this title and the rules,
shall:
(1) ((Determine the localities within which state liquor stores
shall be established throughout the state, and the number and situation
of the stores within each locality;)) Appoint in cities and towns and other communities, in which
no ((
(2)state)) liquor store is located, liquor vendors. In addition, the
board may appoint, in its discretion, a manufacturer that also
manufactures liquor products other than wine under a license under this
title, as a vendor for the purpose of sale of liquor products of its
own manufacture on the licensed premises only. Such liquor vendors
shall be agents of the board and be authorized to sell liquor to such
persons, firms or corporations as provided for the sale of liquor from
((a state)) other liquor stores, and such vendors shall be subject to
such additional rules and regulations consistent with this title as the
board may require;
(((3) Establish all necessary warehouses for the storing and
bottling, diluting and rectifying of stocks of liquors for the purposes
of this title;)) (2) Provide for the leasing for periods not to exceed ten
years of all premises required for the conduct of the business; and for
remodeling the same, and the procuring of their furnishings, fixtures,
and supplies; and for obtaining options of renewal of such leases by
the lessee. The terms of such leases in all other respects shall be
subject to the direction of the board;
(4)
(((5))) (3) Determine the nature, form and capacity of all packages
to be used for containing liquor kept for sale under this title;
(((6))) (4) Execute or cause to be executed, all contracts, papers,
and documents in the name of the board, under such regulations as the
board may fix;
(((7))) (5) Pay all customs, duties, excises, charges and
obligations whatsoever relating to the business of the board;
(((8))) (6) Require bonds from all employees in the discretion of
the board, and to determine the amount of fidelity bond of each such
employee;
(((9))) (7) Perform services for the state lottery commission to
such extent, and for such compensation, as may be mutually agreed upon
between the board and the commission;
(((10))) (8) Accept and deposit into the general fund-local account
and disburse, subject to appropriation, federal grants or other funds
or donations from any source for the purpose of improving public
awareness of the health risks associated with alcohol consumption by
youth and the abuse of alcohol by adults in Washington state. The
board's alcohol awareness program shall cooperate with federal and
state agencies, interested organizations, and individuals to effect an
active public beverage alcohol awareness program;
(((11))) (9) Perform all other matters and things, whether similar
to the foregoing or not, to carry out the provisions of this title, and
shall have full power to do each and every act necessary to the conduct
of its business, including all buying, selling, preparation and
approval of forms, and every other function of the business whatsoever,
subject only to audit by the state auditor: PROVIDED, That the board
shall have no authority to regulate the content of spoken language on
licensed premises where wine and other liquors are served and where
there is not a clear and present danger of disorderly conduct being
provoked by such language;
(10) Establish fees for retail and wholesale franchisees.
NEW SECTION. Sec. 207
No franchise may be subleased by any franchise holder.
Sec. 208 RCW 66.08.150 and 1989 c 175 s 122 are each amended to
read as follows:
(1) The action, order, or decision of the board as to any denial of
an application for the reissuance of a permit ((or)), license, or
franchise or as to any revocation, suspension, or modification of any
permit ((or)), license, or franchise shall be an adjudicative
proceeding and subject to the applicable provisions of chapter 34.05
RCW.
(((1))) (2) An opportunity for a hearing may be provided an
applicant for the reissuance of a permit ((or)), license, or franchise
prior to the disposition of the application, and if no such opportunity
for a prior hearing is provided then an opportunity for a hearing to
reconsider the application must be provided the applicant.
(((2))) (3) An opportunity for a hearing must be provided a
permittee ((or)), licensee, or franchisee prior to a revocation or
modification of any permit ((or)), license, or franchise and, except as
provided in subsection (4) of this section, prior to the suspension of
any permit ((or)), license, or franchise.
(((3))) (4) No hearing shall be required until demanded by the
applicant, permittee, ((or)) licensee, or franchisee.
(((4))) (5) The board may summarily suspend a license ((or)),
permit, or franchise for a period of up to thirty days without a prior
hearing if it finds that public health, safety, or welfare imperatively
require emergency action, and incorporates a finding to that effect in
its order; and proceedings for revocation or other action must be
promptly instituted and determined.
NEW SECTION. Sec. 209
(a) Sell or offer for sale any liquor other than from the original
package or container;
(b) Sell, give away, or permit the sale, gift, or procurement of
any liquor for or to any person under twenty-one years of age;
(c) Sell, give away, or permit the sale, gift, or procurement of
any liquor for or to any person apparently intoxicated;
(d) Sell or offer for sale of spirits, strong beer, or alcohol on
any Sunday or at other prohibited dates and times;
(e) Permit the consumption of any spirits, strong beer, or alcohol
on the premises by any person;
(f) Alter, change, or misrepresent the quality, quantity, or brand
name of any liquor with the intent to defraud;
(g) Permit any person under twenty-one years of age to sell or give
liquor to any other person, except to assist a cashier who is twenty-one years of age or older; or
(h) Purchase or otherwise obtain liquor in any manner or from any
source other than that specifically authorized in this chapter.
(2) Violations of any provision of this chapter or any rule adopted
by the board, or any false statement concerning any material fact, or
omission of any material fact in submitting an application for a
franchise or license or for a renewal of a franchise or license or in
any hearing concerning the suspension or revocation thereof, or the
commission of any of the acts declared in this chapter to be unlawful
is subject to disciplinary action by the board, including suspension or
revocation of the license and/or franchise. No fees paid for the
franchise or license will be refunded. The board shall develop rules
to implement and enforce this subsection and may assess an
administrative penalty for violations.
(3) Nothing in this chapter or any rule of the board prevents or
prohibits any franchisee from employing any person who is at least
eighteen years of age to serve in any franchise, or from having such a
person assist a person twenty-one years of age or older who handles,
sells, or delivers spirits, strong beer, or alcohol under this chapter.
NEW SECTION. Sec. 210
Sec. 301 RCW 66.24.010 and 2002 c 119 s 3 are each 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 including a criminal history
record information check. The board may submit the criminal history
record information check to the Washington state patrol and to the
identification division of the federal bureau of investigation in order
that these agencies may search their records for prior arrests and
convictions of the individual or individuals who filled out the forms.
The board shall require fingerprinting of any applicant whose criminal
history record information check is submitted to the federal bureau of
investigation. 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. 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 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 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) The notice requirements and restrictions in subsection (9) of
this section apply to the issuance of retail and wholesale liquor store
franchises.
(12) 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. 302 RCW 66.16.010 and 1939 c 172 s 10 are each amended to
read as follows:
(1) ((There shall be established at such places throughout the
state as the liquor control board, constituted under this title, shall
deem advisable, stores to be known as "state liquor stores," for the
sale of liquor in accordance with the provisions of this title and the
regulations: PROVIDED, That the prices of all liquor shall be fixed by
the board from time to time so that the net annual revenue received by
the board therefrom shall not exceed thirty-five percent.)) The liquor control board may, from time to time, fix the
special price at which pure ethyl alcohol may be sold to physicians and
dentists and institutions regularly conducted as hospitals, for use or
consumption only in such hospitals; and may also fix the special price
at which pure ethyl alcohol may be sold to schools, colleges and
universities within the state for use for scientific purposes.
Regularly conducted hospitals may have right to purchase pure ethyl
alcohol on a federal permit.
(2)
(((3))) (2) The liquor control board may also fix the special price
at which pure ethyl alcohol may be sold to any department, branch or
institution of the state of Washington, federal government, or to any
person engaged in a manufacturing or industrial business or in
scientific pursuits requiring alcohol for use therein.
(((4))) (3) The liquor control board may also fix a special price
at which pure ethyl alcohol may be sold to any private individual, and
shall make regulations governing such sale of alcohol to private
individuals as shall promote, as nearly as may be, the minimum purchase
of such alcohol by such persons.
(4) Pure ethyl alcohol may be sold by retail liquor franchisees
only to permit holders at prices the retail liquor franchisees fix for
their own sales.
Sec. 303 RCW 66.16.040 and 1996 c 291 s 1 are each amended to
read as follows:
Except as otherwise provided by law, an employee in a ((state
liquor store)) retail liquor franchise or liquor agency may sell liquor
to any person of legal age to purchase alcoholic beverages and may also
sell to holders of permits such liquor as may be purchased under such
permits.
Where there may be a question of a person's right to purchase
liquor by reason of age, such person shall be required to present any
one of the following officially issued cards of identification which
shows his/her correct age and bears his/her signature and photograph:
(1) Liquor control authority card of identification of any state or
province of Canada.
(2) Driver's license, instruction permit or identification card of
any state or province of Canada, or "identicard" issued by the
Washington state department of licensing pursuant to RCW 46.20.117.
(3) United States armed forces identification card issued to active
duty, reserve, and retired personnel and the personnel's dependents.
(4) Passport.
(5) Merchant Marine identification card issued by the United States
Coast Guard.
The board may adopt such regulations as it deems proper covering
the acceptance of such cards of identification.
No liquor sold under this section shall be delivered until the
purchaser has paid for the liquor in cash, except as allowed under RCW
66.16.041. The use of a personal credit card does not rely upon the
credit of the state as prohibited by Article VIII, section 5 of the
state Constitution.
Sec. 304 RCW 66.16.060 and 1943 c 216 s 1 are each amended to
read as follows:
The board may in its discretion by regulation prescribe that any or
all liquors other than malt liquor shall be delivered to any purchaser
at a state liquor ((store)) retail franchise only in a package sealed
with the official seal.
Sec. 305 RCW 66.16.070 and 1933 ex.s. c 62 s 10 are each amended
to read as follows:
No employee in a state liquor ((store)) retail franchise shall open
or consume, or allow to be opened or consumed any liquor on the
((store)) retail franchise premises.
Sec. 306 RCW 66.16.080 and 1988 c 101 s 1 are each amended to
read as follows:
No sale or delivery of liquor shall be made on or from the premises
of any state liquor ((store)) retail franchise, nor shall any store be
open for the sale of liquor, on Sunday, unless the board determines
that unique circumstances exist which necessitate Sunday liquor sales
by vendors appointed under RCW 66.08.050(2) of products of their own
manufacture, not to exceed one case of liquor per customer.
Sec. 307 RCW 66.16.100 and 1997 c 321 s 42 are each amended to
read as follows:
No state liquor ((store)) retail franchise in a county with a
population over three hundred thousand may sell fortified wine if the
board finds that the sale would be against the public interest based on
the factors in RCW 66.24.360. The burden of establishing that the sale
would be against the public interest is on those persons objecting.
Sec. 308 RCW 66.16.110 and 1993 c 422 s 2 are each amended to
read as follows:
The board shall cause to be posted in conspicuous places, in a
number determined by the board, within each ((state liquor store))
retail liquor franchise, notices in print not less than one inch high
warning persons that consumption of alcohol shortly before conception
or during pregnancy may cause birth defects, including fetal alcohol
syndrome and fetal alcohol effects.
Sec. 309 RCW 66.20.010 and 1998 c 126 s 1 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)) a state liquor franchise, a liquor agency, or a 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)) a
state liquor franchise, a liquor agency, or a 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)) a state liquor franchise, a liquor agency,
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. 310 RCW 66.20.160 and 1973 1st ex.s. c 209 s 4 are each
amended to read as follows:
Words and phrases as used in RCW 66.20.160 to 66.20.210, inclusive,
shall have the following meaning:
"Card of identification" means any one of those cards described in
RCW 66.16.040.
"Licensee" means the holder of a retail liquor license issued by
the board, and includes any employee or agent of the licensee.
"((Store)) Employee" means a person employed ((in)) by a ((state))
retail liquor store, or liquor agency or licensee authorized to sell
liquor.
Sec. 311 RCW 66.20.170 and 1973 1st ex.s. c 209 s 5 are each
amended to read as follows:
A card of identification may for the purpose of this title and for
the purpose of procuring liquor, be accepted as an identification card
by any licensee or ((store)) employee and as evidence of legal age of
the person presenting such card, provided the licensee or ((store))
employee complies with the conditions and procedures prescribed herein
and such regulations as may be made by the board.
Sec. 312 RCW 66.20.180 and 1973 1st ex.s. c 209 s 6 are each
amended to read as follows:
A card of identification shall be presented by the holder thereof
upon request of any licensee, ((store)) employee, peace officer, or
enforcement officer of the board for the purpose of aiding the
licensee, ((store)) employee, peace officer, or enforcement officer of
the board to determine whether or not such person is of legal age to
purchase liquor when such person desires to procure liquor from a
licensed establishment ((or state)), retail liquor store, or liquor
agency.
Sec. 313 RCW 66.20.190 and 1981 1st ex.s. c 5 s 9 are each
amended to read as follows:
In addition to the presentation by the holder and verification by
the licensee or ((store)) employee of such card of identification, the
licensee or ((store)) employee who is still in doubt about the true age
of the holder shall require the person whose age may be in question to
sign a certification card and record an accurate description and serial
number of his card of identification thereon. Such statement shall be
upon a five-inch by eight-inch file card, which card shall be filed
alphabetically by the licensee or ((store)) employee at or before the
close of business on the day on which the statement is executed, in the
file box containing a suitable alphabetical index and the card shall be
subject to examination by any peace officer or agent or employee of the
board at all times. The certification card shall also contain in bold-face type a statement stating that the signer understands that
conviction for unlawful purchase of alcoholic beverages or misuse of
the certification card may result in criminal penalties including
imprisonment or fine or both.
Sec. 314 RCW 66.20.200 and 2002 c 175 s 41 are each amended to
read as follows:
It shall be unlawful for the owner of a card of identification to
transfer the card to any other person for the purpose of aiding such
person to procure alcoholic beverages from any licensee or ((store))
employee. Any person who shall permit his or her card of
identification to be used by another or transfer such card to another
for the purpose of aiding such transferee to obtain alcoholic beverages
from a licensee or ((store)) employee or gain admission to a premises
or portion of a premises classified by the board as off-limits to
persons under twenty-one years of age, shall be guilty of a misdemeanor
punishable as provided by RCW 9A.20.021, except that a minimum fine of
two hundred fifty dollars shall be imposed and any sentence requiring
community restitution shall require not fewer than twenty-five hours of
community restitution. Any person not entitled thereto who unlawfully
procures or has issued or transferred to him or her a card of
identification, and any person who possesses a card of identification
not issued to him or her, and any person who makes any false statement
on any certification card required by RCW 66.20.190, as now or
hereafter amended, to be signed by him or her, shall be guilty of a
misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any
sentence requiring community restitution shall require not fewer than
twenty-five hours of community restitution.
Sec. 315 RCW 66.20.210 and 1973 1st ex.s. c 209 s 9 are each
amended to read as follows:
No licensee or the agent or employee of the licensee, ((or store
employee,)) retail liquor store, or liquor agency shall be prosecuted
criminally or be sued in any civil action for serving liquor to a
person under legal age to purchase liquor if such person has presented
a card of identification in accordance with RCW 66.20.180, and has
signed a certification card as provided in RCW 66.20.190.
Such card in the possession of a licensee may be offered as a
defense in any hearing held by the board for serving liquor to the
person who signed the card and may be considered by the board as
evidence that the licensee or employee acted in good faith.
Sec. 316 RCW 66.44.150 and 1955 c 289 s 5 are each amended to
read as follows:
If any person in this state buys alcoholic beverages from any
person other than ((the board, a state liquor store,)) a retail liquor
store, liquor agency, or some person authorized by the board to sell
them, ((he)) that person shall be guilty of a misdemeanor.
Sec. 317 RCW 66.24.440 and 1998 c 126 s 8 are each amended to
read as follows:
Each spirits, beer, and wine restaurant, spirits, beer, and wine
private club, and sports entertainment facility licensee shall be
entitled to purchase any ((spirituous liquor items)) spirits 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)) wholesale and retail liquor franchises and liquor agencies.
Sec. 318 RCW 66.24.540 and 1999 c 129 s 1 are each amended to
read as follows:
There shall be a retailer's license to be designated as a motel
license. The motel license may be issued to a motel regardless of
whether it holds any other class of license under this title. No
license may be issued to a motel offering rooms to its guests on an
hourly basis. The license authorizes the licensee to:
(1) Sell, at retail, in locked honor bars, spirits in individual
bottles not to exceed fifty milliliters, beer in individual cans or
bottles not to exceed twelve ounces, and wine in individual bottles not
to exceed one hundred eighty-seven milliliters, to registered guests of
the motel for consumption in guest rooms.
(a) Each honor bar must also contain snack foods. No more than
one-half of the guest rooms may have honor bars.
(b) All spirits to be sold under the license must be purchased from
((the board)) a retail liquor franchise or liquor agency.
(c) The licensee shall require proof of age from the guest renting
a guest room and requesting the use of an honor bar. The guest shall
also execute an affidavit verifying that no one under twenty-one years
of age shall have access to the spirits, beer, and wine in the honor
bar.
(2) Provide without additional charge, to overnight guests of the
motel, beer and wine by the individual serving for on-premises
consumption at a specified regular date, time, and place as may be
fixed by the board. Self-service by attendees is prohibited. All beer
and wine service must be done by an alcohol server as defined in RCW
66.20.300 and comply with RCW 66.20.310.
The annual fee for a motel license is five hundred dollars.
"Motel" as used in this section means a transient accommodation
licensed under chapter 70.62 RCW.
As used in this section, "spirits," "beer," and "wine" have the
meanings defined in RCW 66.04.010.
Sec. 319 RCW 66.24.410 and 1983 c 3 s 164 are each amended to
read as follows:
(1) "Spirituous liquor((,))" or "spirits" as used in RCW 66.24.400
to 66.24.450, inclusive, means "liquor" as defined in RCW 66.04.010,
except "wine" and "beer" sold as such.
(2) "Restaurant" as used in RCW 66.24.400 to 66.24.450, inclusive,
means an 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: PROVIDED, That such establishments shall be approved by the
board and that the board shall be satisfied that such establishment is
maintained in a substantial manner as a place for preparing, cooking
and serving of complete meals. The service of only fry orders or such
food and victuals as sandwiches, hamburgers, or salads shall not be
deemed in compliance with this definition.
(3) "Hotel," "clubs," "wine" and "beer" are used in RCW 66.24.400
to 66.24.450, inclusive, with the meaning given in chapter 66.04 RCW:
PROVIDED, That any such hotel shall be provided with special space and
accommodations where, in consideration of payment, food is habitually
furnished to the public: PROVIDED FURTHER, That the board shall be
satisfied that such hotel is maintained in a substantial manner as a
place for preparing, cooking and serving of complete meals. The
service of only fry orders, sandwiches, hamburgers, or salads shall not
be deemed in compliance with this definition.
Sec. 320 RCW 66.08.030 and 2002 c 119 s 2 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 not inconsistent with the
spirit of this title as are deemed necessary or advisable. All
regulations so made 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, 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), it is declared that the power of the board
to make regulations 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;)) Prescribing the duties of the employees of the board, and
regulating their conduct in the discharge of their duties;
(b)
(((c) governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;)) (b) Prescribing, subject to RCW 66.16.080, the hours during
which ((
(d) determining the classes, varieties, and brands of liquor to be
kept for sale at any store;
(e)the state liquor stores)) retail liquor franchises and liquor
agencies 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;)) (c) 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;
(g)
(((h) providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;)) (d) Prescribing forms to be used for purposes of this title
or the regulations, and the terms and conditions to be contained in
permits and licenses issued under this title, and the qualifications
for receiving a permit or license issued under this title, including a
criminal history record information check. The board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records for
prior arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of any
applicant whose criminal history record information check is submitted
to the federal bureau of investigation;
(i)
(((j))) (e) 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;
(((k))) (f) 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))) (g) Regulating the sale of liquor kept by the holders of
licenses which entitle the holder to purchase and keep liquor for sale;
(((m))) (h) 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))) (i) 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))) (j) Prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise provided
for in this title;
(((p))) (k) 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))) (l) 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))) (m) 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))) (n) 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))) (o) 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 sales and providing for the inspection of brewers'
books and records, and for the checking of the accuracy of any such
returns;
(((u))) (p) Providing for the making of returns by the wholesalers
of beer whose breweries are located beyond the boundaries of the state;
(((v))) (q) 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))) (r) Providing for the giving of fidelity bonds by any or
all of the employees of the board: PROVIDED, That the premiums
therefor shall be paid by the board;
(((x))) (s) 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))) (t) 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;
(((z))) (u) 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 of the board: PROVIDED, Nothing herein
contained shall be construed as authorizing the liquor board to
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. 321 RCW 66.12.110 and 1999 c 281 s 3 are each amended to
read as follows:
A person twenty-one years of age or over may bring into the state
from without the United States, free of tax and markup, for his
personal or household use such alcoholic beverages as have been
declared and permitted to enter the United States duty free under
federal law.
Such entry of alcoholic beverages in excess of that herein provided
may be authorized by the board upon payment of ((an equivalent markup
and tax as would be applicable to the purchase of the same or similar
liquor at retail from a Washington state liquor store)) applicable
taxes. The board shall adopt appropriate regulations pursuant to
chapter 34.05 RCW for the purpose of carrying out the provisions of
this section. The board may issue a spirits, beer, and wine private
club license to a charitable or nonprofit corporation of the state of
Washington, the majority of the officers and directors of which are
United States citizens and the minority of the officers and directors
of which are citizens of the Dominion of Canada, and where the location
of the premises for such spirits, beer, and wine private club license
is not more than ten miles south of the border between the United
States and the province of British Columbia.
Sec. 322 RCW 66.12.120 and 1995 c 100 s 1 are each amended to
read as follows:
Notwithstanding any other provision of Title 66 RCW, a person
twenty-one years of age or over may, free of tax and markup, for
personal or household use, bring into the state of Washington from
another state no more than once per calendar month up to two liters of
spirits or wine or two hundred eighty-eight ounces of beer.
Additionally, such person may be authorized by the board to bring into
the state of Washington from another state a reasonable amount of
alcoholic beverages in excess of that provided in this section for
personal or household use only upon payment of ((an equivalent markup
and tax as would be applicable to the purchase of the same or similar
liquor at retail from a state liquor store)) applicable taxes. The
board shall adopt appropriate regulations pursuant to chapter 34.05 RCW
for the purpose of carrying into effect the provisions of this section.
NEW SECTION. Sec. 401 Captions and part headings as used in this
act do not constitute any part of the law.
NEW SECTION. Sec. 402 Sections 202 through 205, 207, 209, and
210 of this act constitute a new chapter in Title 66 RCW.
NEW SECTION. Sec. 403 The following acts or parts of acts are
each repealed:
(1) RCW 66.16.030 (Vendor to be in charge) and 1933 ex.s. c 62 s 6;
and
(2) RCW 66.16.090 (Record of individual purchases confidential--Penalty for disclosure) and 1933 ex.s. c 62 s 89.
NEW SECTION. Sec. 404 This act takes effect January 1, 2004.
The liquor control board is authorized to take steps necessary to
implement this act on its effective date.
NEW SECTION. Sec. 405 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.