SSB 5721 -
By Committee on Commerce & Labor
ADOPTED 04/05/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 66.28.010 and 2006 c 330 s 28, 2006 c 92 s 1, and
2006 c 43 s 1 are each reenacted and amended to read as follows:
(1)(a) No manufacturer, importer, distributor, or authorized
representative, 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, unless the retail business is owned by a corporation in which
a manufacturer or importer has no direct stock ownership and there are
no interlocking officers and directors, the retail license is held by
a corporation that is not owned directly or indirectly by a
manufacturer or importer, the sales of liquor are incidental to the
primary activity of operating the property as a hotel, alcoholic
beverages produced by the manufacturer or importer or their
subsidiaries 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 or the retail licensee;
nor shall any manufacturer, importer, distributor, or authorized
representative 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, distributor, or authorized
representative 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 a corporation that is not owned directly or indirectly by
the manufacturer, the sales of liquor are incidental to the primary
activity of operating the property either as a hotel or as an
amphitheater offering live musical and similar live entertainment
activities to the public, alcoholic beverages produced by the
manufacturer or any of its subsidiaries 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, distributor, or authorized
representative 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, distributor, or authorized representative
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. Except
as otherwise provided in this section, no manufacturer, importer,
distributor, or authorized representative shall be eligible to receive
or hold a retail license under this title, nor shall such manufacturer,
importer, distributor, or authorized representative sell at retail any
liquor as herein defined. A corporation granted an exemption under
this subsection may use debt instruments issued in connection with
financing construction or operations of its facilities.
(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 distiller,
domestic brewery, microbrewery, domestic winery, or a lessee of a
licensed domestic brewer, microbrewery, or domestic winery, from being
licensed as a spirits, beer, and wine restaurant pursuant to chapter
66.24 RCW for the purpose of selling liquor at a spirits, beer, and
wine restaurant premises on the property on which the primary
manufacturing facility of the licensed distiller, domestic brewer,
microbrewery, or domestic winery is located or on contiguous property
owned or leased by the licensed distiller, domestic brewer,
microbrewery, or domestic winery as prescribed by rules adopted by the
board pursuant to chapter 34.05 RCW.
(d) Nothing in this section prohibits retail licensees with a
caterer's endorsement issued under RCW 66.24.320 or 66.24.420 from
operating on a domestic winery premises.
(e) Nothing in this section prohibits an organization qualifying
under RCW 66.24.375 formed for the purpose of constructing and
operating a facility to promote Washington wines from holding retail
licenses on the facility property or leasing all or any portion of such
facility property to a retail licensee on the facility property if the
members of the board of directors or officers of the board for the
organization include officers, directors, owners, or employees of a
licensed domestic winery. Financing for the construction of the
facility must include both public and private money.
(f) Nothing in this section prohibits a bona fide charitable
nonprofit society or association registered as a 501(c)(3) under the
internal revenue code and having an officer, director, owner, or
employee of a licensed domestic winery or a wine certificate of
approval holder on its board of directors from holding a special
occasion license under RCW 66.24.380.
(g) Nothing in this section prohibits domestic wineries and
retailers licensed under chapter 66.24 RCW from jointly producing
brochures and materials promoting tourism in Washington state which
contain information regarding retail licensees, domestic wineries, and
their products.
(h) Nothing in this section prohibits domestic wineries and retail
licensees from identifying the wineries on private labels authorized
under RCW 66.24.400, 66.24.425, and 66.24.450.
(i) Until July 1, 2007, nothing in this section prohibits a
nonprofit statewide organization of microbreweries formed for the
purpose of promoting Washington's craft beer industry as a trade
association registered as a 501(c) with the internal revenue service
from holding a special occasion license to conduct up to six beer
festivals.
(j) Nothing in this section shall prohibit a manufacturer,
importer, or distributor from entering into an arrangement with any
holder of a sports/entertainment facility license or an affiliated
business for brand advertising at the licensed facility or promoting
events held at the sports entertainment facility as authorized under
RCW 66.24.570.
(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. 2 RCW 66.24.570 and 2003 c 345 s 3 are each amended to read
as follows:
(1) There is a license for sports entertainment facilities to be
designated as a sports/entertainment facility license to sell beer,
wine, and spirits at retail, for consumption upon the premises only,
the license to be issued to the entity providing food and beverage
service at a sports entertainment facility as defined in this section.
The cost of the license is two thousand five hundred dollars per annum.
(2) For purposes of this section, a sports entertainment facility
includes a publicly or privately owned arena, coliseum, stadium, or
facility where sporting events are presented for a price of admission.
The facility does not have to be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon a licensee
under this section, such as requirements for the availability of food
and victuals including but not limited to hamburgers, sandwiches,
salads, or other snack food. The board may also restrict the type of
events at a sports entertainment facility at which beer, wine, and
spirits may be served. When imposing conditions for a licensee, the
board must consider the seating accommodations, eating facilities, and
circulation patterns in such a facility, and other amenities available
at a sports entertainment facility.
(4)(a) The board may issue a caterer's endorsement to the license
under this section to allow the licensee to remove from the liquor
stocks at the licensed premises, for use as liquor for sale and service
at event locations at a specified date and 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.
(5) The board may issue an endorsement to the beer, wine, and
spirits sports/entertainment facility license that allows the holder of
a beer, wine, and spirits sports/entertainment facility license to sell
for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license holder selling
the wine. Spirits and beer may not be sold for off-premises
consumption under this section. The annual fee for the endorsement
under this section is one hundred twenty dollars.
(6)(a) A licensee and an affiliated business may enter into
arrangements with a manufacturer, importer, or distributor for brand
advertising at the sports/entertainment facility or promotion of events
held at the sports/entertainment facility, with a capacity of five
thousand people or more. The financial arrangements providing for the
brand advertising or promotion of events shall not be used as an
inducement to purchase the products of the manufacturer, importer, or
distributor entering into the arrangement nor shall it result in the
exclusion of brands or products of other companies.
(b) The arrangements allowed under this subsection (6) are an
exception to arrangements prohibited under RCW 66.28.010. The board
shall monitor the impacts of these arrangements. The board may conduct
audits of the licensee and the affiliated business to determine
compliance with this subsection (6). Audits may include but are not
limited to product selection at the facility; purchase patterns of the
licensee; contracts with the liquor manufacturer, importer, or
distributor; and the amount allocated or used for liquor advertising by
the licensee, affiliated business, manufacturer, importer, or
distributor under the arrangements.
(c) The board shall report to the appropriate committees of the
legislature by December 30, 2008, and biennially thereafter, on the
impacts of arrangements allowed between sports/entertainment licensees
and liquor manufacturers, importers, and distributors for brand
advertising and promotion of events at the facility."
Correct the title.
EFFECT: Requires the Liquor Control Board to monitor the impacts
of arrangements and report to the appropriate committees of the
legislature by December 30, 2008, and biennially thereafter. Gives the
board authority to conduct audits to determine compliance. Provides
that audits may include product selection, purchase patterns,
contracts, and the amount allocated or used for liquor advertising.
Gives sports/entertainment facilities explicit authority to enter
arrangements, in addition to making a tied-house exception.
Limits authorization to facilities with a capacity of 5,000 people
or more.
Deletes expiration date.