BILL REQ. #: Z-0688.2
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HOUSE BILL 2560
_____________________________________________| State of Washington | 59th Legislature | 2006 Regular Session |
By Representatives Conway, Wood, Condotta, Fromhold and P. Sullivan; by request of Liquor Control BoardRead first time 01/10/2006. Referred to Committee on Commerce & Labor.
AN ACT Relating to the limit on spirits, beer, and wine restaurant
licenses; and amending RCW 66.24.420.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 66.24.420 and 2004 c 62 s 3 are each amended to read
as follows:
(1) The spirits, beer, and wine restaurant license shall be issued
in accordance with the following schedule of annual fees:
(a) The annual fee for a spirits, beer, and wine restaurant license
shall be graduated according to the dedicated dining area and type of
service provided as follows:
(b) The annual fee for the license when issued to any other
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 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 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 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 spirits, beer, and wine restaurant licenses
issued in the state of Washington by the board, not including spirits,
beer, and wine private club licenses, shall not in the aggregate at any
time exceed one license for each ((fifteen)) one thousand four hundred
fifty 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 spirits, beer, and wine restaurant
license to any applicant if in the opinion of the board the spirits,
beer, and wine restaurant licenses already granted for the particular
locality are adequate for the reasonable needs of the community.
(6)(a) 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 event locations at
a specified date and, except as provided in subsection (7) of this
section, place not currently licensed by the board. If the event is
open to the public, it must be sponsored by a society or organization
as defined by RCW 66.24.375. If attendance at the event is limited to
members or invited guests of the sponsoring individual, society, or
organization, the requirement that the sponsor must be a society or
organization as defined by RCW 66.24.375 is waived. Cost of the
endorsement is three hundred fifty dollars.
(b) 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.
(7) Licensees under this section that hold a caterer's endorsement
are allowed to use this endorsement on a domestic winery premises under
the following conditions:
(a) Agreements between the domestic winery and the retail licensee
shall be in writing, contain no exclusivity clauses regarding the
alcohol beverages to be served, and be filed with the board; and
(b) The domestic winery and the retail licensee shall be separately
contracted and compensated by the persons sponsoring the event for
their respective services.
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