BILL REQ. #: S-4379.1
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 02/04/10. Referred to Committee on Ways & Means.
AN ACT Relating to privatizing the sale of liquor; amending RCW 66.08.020, 66.08.026, 66.08.030, 66.08.050, 66.08.060, 66.12.110, 66.12.120, 66.12.140, 66.20.010, 66.20.160, 66.20.170, 66.20.180, 66.20.190, 66.20.200, 66.20.210, 66.24.160, 66.24.360, 66.24.360, 66.24.371, 66.24.380, 66.40.140, 66.44.120, 66.44.150, and 66.44.160; reenacting and amending RCW 66.04.010 and 66.24.371; adding new sections to chapter 66.24 RCW; adding a new section to chapter 66.08 RCW; creating a new section; repealing RCW 66.08.070, 66.08.075, 66.08.160, 66.08.165, 66.08.166, 66.08.167, 66.08.220, 66.08.235, 66.16.010, 66.16.040, 66.16.041, 66.16.050, 66.16.060, 66.16.070, 66.16.090, 66.16.100, 66.16.110, 66.16.120, and 66.28.180; providing effective dates; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 (1) The legislature intends for
privatization of retail and distribution of liquor to result in a
system that is more efficient than public sector retail and
distribution. The legislature finds that the present system of state
control includes a markup amount at distribution that generates revenue
for the state and local governments, and that this markup will be
eliminated when liquor sales and distribution are privatized. The
legislature further intends that the privatization of liquor sales and
distribution not result in revenue losses to state or local governments
as compared to projected revenues assumed under state control, not
including any separate licenses or franchises.
(2) Therefore, the legislature directs the liquor control board and
the department of revenue, with assistance from legislative staff and
the office of financial management, to present a report to the
legislature by December 1, 2010, on a recommended method and rates of
liquor taxation that would generate the same future projected revenue
for the state and local jurisdictions as under the current state
control system. In determining what the future projected revenue will
be, the liquor control board must consider the markup and taxes paid on
liquor as of the effective date of this section and assume that this
will increase through a three percent growth factor for future years.
(3) The report may include recommendations on tax enforcement and
simplification to the current system of liquor taxation and
distribution of revenues and whether the license fee established in
section 2 of this act is adequate to cover the administrative and
enforcement costs of the spirits license.
(4) The report must include a plan that provides for all state
liquor stores and the distribution center to cease operation on July 1,
2012, and all inventory and assets to be sold to qualifying licensees
or buyers.
NEW SECTION. Sec. 102 A new section is added to chapter 66.08
RCW to read as follows:
(1) There shall be a spirits retailer's license to be designated as
a spirits license to sell spirits at retail in original containers, not
to be consumed on the premises where sold.
(2) The annual fee for the spirits license is one thousand five
hundred seventy-eight dollars.
Sec. 103 RCW 66.04.010 and 2009 c 373 s 1 and 2009 c 271 s 2 are
each reenacted and 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) "Authorized representative" means a person who:
(a) Is required to have a federal basic permit issued pursuant to
the federal alcohol administration act, 27 U.S.C. Sec. 204;
(b) Has its business located in the United States outside of the
state of Washington;
(c) Acquires ownership of spirits, beer, or wine for transportation
into and resale in the state of Washington; and which spirits, beer, or
wine is produced by a distiller, brewery, or winery in the United
States outside of the state of Washington; and
(d) Is appointed by the distiller, brewery, or winery referenced in
(c) of this subsection as its authorized representative for marketing
and selling its products within the United States in accordance with a
written agreement between the authorized representative and such
distiller, brewery, or winery pursuant to this title.
(3) "Beer" means any malt beverage, flavored malt beverage, or malt
liquor as these terms are defined in this chapter.
(4) "Beer distributor" means a person who buys beer from a domestic
brewery, microbrewery, beer certificate of approval holder, or beer
importers, or who acquires foreign produced beer from a source outside
of the United States, for the purpose of selling the same pursuant to
this title, or who represents such brewer or brewery as agent.
(5) "Beer importer" means a person or business within Washington
who purchases beer from a beer certificate of approval holder or who
acquires foreign produced beer from a source outside of the United
States for the purpose of selling the same pursuant to this title.
(6) "Board" means the liquor control board, constituted under this
title.
(7) "Brewer" or "brewery" 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.
(8) "Club" means an organization of persons, incorporated or
unincorporated, operated solely for fraternal, benevolent, educational,
athletic or social purposes, and not for pecuniary gain.
(9) "Confection" means a preparation of sugar, honey, or other
natural or artificial sweeteners in combination with chocolate, fruits,
nuts, dairy products, or flavorings, in the form of bars, drops, or
pieces.
(10) "Consume" includes the putting of liquor to any use, whether
by drinking or otherwise.
(11) (("Contract liquor store" means a business that sells liquor
on behalf of the board through a contract with a contract liquor store
manager.)) "Craft distillery" means a distillery that pays the reduced
licensing fee under RCW 66.24.140.
(12)
(((13))) (12) "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.
(((14))) (13) "Distiller" means a person engaged in the business of
distilling spirits.
(((15))) (14) "Domestic brewery" means a place where beer and malt
liquor are manufactured or produced by a brewer within the state.
(((16))) (15) "Domestic winery" means a place where wines are
manufactured or produced within the state of Washington.
(((17))) (16) "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.
(((18))) (17) "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.
(((19))) (18) "Employee" means any person employed by the board.
(((20))) (19) "Flavored malt beverage" means:
(a) A malt beverage containing six percent or less alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than forty-nine
percent of the beverage's overall alcohol content; or
(b) A malt beverage containing more than six percent alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than one and one-half
percent of the beverage's overall alcohol content.
(((21))) (20) "Fund" means 'liquor revolving fund.'
(((22))) (21) "Hotel" means buildings, structures, and grounds,
having facilities for preparing, cooking, and serving food, that are
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. The buildings,
structures, and grounds must be located on adjacent property either
owned or leased by the same person or persons.
(((23) "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.)) (22) "Imprisonment" means confinement in the county jail.
(24)
(((25))) (23) "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.
(((26))) (24) "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."
(((27))) (25) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
(((28))) (26) "Nightclub" means an establishment that provides
entertainment and has as its primary source of revenue (a) the sale of
alcohol for consumption on the premises, (b) cover charges, or (c)
both, and has an occupancy load of one hundred or more.
(((29))) (27) "Package" means any container or receptacle used for
holding liquor.
(((30))) (28) "Passenger vessel" means any boat, ship, vessel,
barge, or other floating craft of any kind carrying passengers for
compensation.
(((31))) (29) "Permit" means a permit for the purchase of liquor
under this title.
(((32))) (30) "Person" means an individual, copartnership,
association, or corporation.
(((33))) (31) "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.
(((34))) (32) "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.
(((35))) (33) "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.
(((36))) (34) "Regulations" means regulations made by the board
under the powers conferred by this title.
(((37))) (35) "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.
(((38))) (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)), if the nonprofit organization
conducting the raffle has obtained the appropriate permit from the
board.
(((39))) (37) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks, whether mixed
or otherwise.
(((40))) (38) "Spirits" means any beverage which contains alcohol
obtained by distillation, except flavored malt beverages, but including
wines exceeding twenty-four percent of alcohol by volume.
(((41) "Store" means a state liquor store established under this
title.)) (39) "Spirits distributor" means a person who buys spirits
from a domestic distiller, spirits certificate of approval holder, or
spirits importer, or who acquires foreign produced spirits from a
source outside of the United States, for the purpose of selling the
same not in violation of this title, or who represents such distiller
as agent.
(42)
(40) "Spirits importer" means a person who buys distilled spirits
from a distiller outside the state of Washington and imports such
spirituous liquor into the state for sale or for export.
(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.
(((43))) (42)(a) "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: (i)
Wines that are both sealed or capped by cork closure and aged two years
or more; and (ii) 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.
(b) This subsection shall not be interpreted to require that any
wine be labeled with the designation "table wine" or "fortified wine."
(((44))) (43) "Wine distributor" means a person who buys wine from
a domestic winery, wine certificate of approval holder, or wine
importer, or who acquires foreign produced wine from a source outside
of the United States, for the purpose of selling the same not in
violation of this title, or who represents such vintner or winery as
agent.
(((45))) (44) "Wine importer" means a person or business within
Washington who purchases wine from a wine certificate of approval
holder or who acquires foreign produced wine from a source outside of
the United States for the purpose of selling the same pursuant to this
title.
(((46))) (45) "Winery" means a business conducted by any person for
the manufacture of wine for sale, other than a domestic winery.
NEW SECTION. Sec. 104 A new section is added to chapter 66.24
RCW to read as follows:
There shall be a license for spirits distributors to sell spirits,
purchased from licensed Washington distilleries, spirits certificate of
approval holders, licensed spirits importers, or suppliers of foreign
spirits located outside of the United States, to licensed spirits
retailers and other spirits distributors and to export the same from
the state of Washington; fee six hundred sixty dollars per year for
each distributing unit.
NEW SECTION. Sec. 105 A new section is added to chapter 66.24
RCW to read as follows:
There shall be a license for spirits importers that authorizes the
licensee to import spirits purchased from certificate of approval
holders into the state of Washington. The licensee may also import,
from suppliers located outside of the United States, spirits
manufactured outside the United States.
(1) Spirits so imported may be sold to licensed spirits
distributors or exported from the state.
(2) Every person, firm, or corporation licensed as a spirits
importer shall establish and maintain a principal office within the
state at which shall be kept proper records of all spirits imported
into the state under this license.
(3) No spirits importer's license shall be granted to a nonresident
of the state nor to a corporation whose principal place of business is
outside the state until such applicant has established a principal
office and agent within the state upon which service can be made.
(4) As a requirement for license approval, a spirits importer shall
enter into a written agreement with the board to furnish on or before
the twentieth day of each month, a report under oath, detailing the
quantity of spirits sold or delivered to each licensed spirits
distributor. Failure to file such reports may result in the suspension
or cancellation of this license.
(5) Spirits imported under this license must conform to the
provisions of RCW 66.28.100 and have received label approval from the
board. The board shall not certify spirits labeled with names that may
be confused with other nonalcoholic beverages whether manufactured or
produced from a domestic distiller or imported nor spirits that fail to
meet quality standards established by the board.
(6) The license fee shall be one hundred sixty dollars per year.
NEW SECTION. Sec. 106 A new section is added to chapter 66.24
RCW to read as follows:
(1) Every person, firm, or corporation, holding a distiller's
license, shall, on or before the twentieth day of each month, furnish
to the Washington state liquor control board, on a form to be
prescribed by the board, a statement showing the quantity of spirits
sold for resale during the preceding calendar month to each spirits
distributor within the state of Washington.
(2)(a) A United States distiller, located outside the state of
Washington, must hold a certificate of approval to allow sales and
shipment of the certificate of approval holder's spirits to licensed
Washington spirits distributors, importers, or retailers. A
certificate of approval holder with a direct shipment endorsement may
act as a distributor for spirits of its own production.
(b) Authorized representatives must hold a certificate of approval
to allow sales and shipment of United States produced spirits to
licensed Washington spirits distributors or importers.
(c) Authorized representatives must also hold a certificate of
approval to allow sales and shipments of foreign produced spirits to
licensed Washington spirits distributors or importers.
(3) The certificate of approval shall not be granted unless and
until such distiller or authorized representative makes a written
agreement with the board to furnish to the board, on or before the
twentieth day of each month, a report under oath, on a form to be
prescribed by the board, showing the quantity of spirits sold or
delivered to each licensed spirits distributor, importer, or retailer
during the preceding month, and shall further have agreed with the
board, that such distiller or authorized representative and all general
sales corporations or agencies maintained by them, and all of their
trade representatives, corporations, and agencies, shall and will
faithfully comply with all laws of the state of Washington pertaining
to the sale of intoxicating liquors and all rules and regulations of
the Washington state liquor control board. A violation of the terms of
this agreement will cause the board to take action to suspend or revoke
such certificate.
(4) The fee for the certificate of approval and related
endorsements, issued pursuant to the provisions of this title, shall be
from time to time established by the board at a level that is
sufficient to defray the costs of administering the certificate of
approval program. The fee shall be fixed by rule by the board in
accordance with the provisions of the administrative procedure act,
chapter 34.05 RCW.
(5) Certificate of approval holders are deemed to have consented to
the jurisdiction of Washington concerning enforcement of this chapter
and all laws and rules related to the sale and shipment of spirits.
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, shall be)) is vested
in the liquor control board, constituted under this title.
Sec. 202 RCW 66.08.026 and 2008 c 67 s 1 are each amended to read
as follows:
Administrative expenses of the board shall be appropriated and paid
from the liquor revolving fund. These administrative expenses shall
include, but not be limited to: The salaries and expenses of the board
and its employees, ((the cost of opening additional state liquor stores
and warehouses,)) legal services, pilot projects, annual or other
audits, and other general costs of conducting the business of the
board. ((The administrative expenses shall not include costs of liquor
and lottery tickets purchased, the cost of transportation and delivery
to the point of distribution, the cost of operating, maintaining,
relocating, and leasing state liquor stores and warehouses, other costs
pertaining to the acquisition and receipt of liquor and lottery
tickets, agency commissions for contract liquor stores, transaction
fees associated with credit or debit card purchases for liquor in state
liquor stores and in contract liquor stores pursuant to RCW 66.16.040
and 66.16.041, sales tax, and those amounts distributed pursuant to RCW
66.08.180, 66.08.190, 66.08.200, 66.08.210 and 66.08.220. Agency
commissions for contract liquor stores shall be established by the
liquor control board after consultation with and approval by the
director of the office of financial management.)) All expenditures and
payment of obligations authorized by this section are subject to the
allotment requirements of chapter 43.88 RCW.
Sec. 203 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 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;
(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)
(((h) providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;)) (c) 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))) (d) 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))) (e) 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))) (f) Regulating the sale of liquor kept by the holders of
licenses which entitle the holder to purchase and keep liquor for sale;
(((m))) (g) 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))) (h) 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))) (i) Prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise provided
for in this title;
(((p))) (j) 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))) (k) 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))) (l) 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))) (m) 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))) (n) 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))) (o) Providing for the making of returns by the wholesalers
of beer whose breweries are located beyond the boundaries of the state;
(((v))) (p) 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))) (q) 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))) (r) 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))) (s) 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))) (t) 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. 204 RCW 66.08.050 and 2005 c 151 s 3 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;)) Determine the nature, form and capacity of all packages to be
used for containing liquor kept for sale under this title;
(2) Appoint in cities and towns and other communities, in which no
state liquor store is located, contract liquor stores. 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 contract liquor store for the purpose of sale of liquor
products of its own manufacture on the licensed premises only. Such
contract liquor stores shall be authorized to sell liquor under the
guidelines provided by law, rule, or contract, and such contract liquor
stores 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;
(4) 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;
(5)
(((6))) (2) 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))) (3) Pay all customs, duties, excises, charges and
obligations whatsoever relating to the business of the board;
(((8))) (4) Require bonds from all employees in the discretion of
the board, and to determine the amount of fidelity bond of each such
employee;
(((9))) (5) 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))) (6) 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))) (7) 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)).
However, 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.
Sec. 205 RCW 66.08.060 and 2005 c 231 s 3 are each amended to
read as follows:
(1) The board shall not advertise liquor in any form or through any
medium whatsoever.
(2) ((In-store liquor merchandising is not advertising for the
purposes of this section.)) The board shall have power to adopt any and all reasonable
rules as to the kind, character, and location of advertising of liquor.
(3)
Sec. 206 RCW 66.12.110 and 1999 c 281 s 3 are each amended to
read as follows:
(1) 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.
(2) 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)). 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. 207 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)). The board shall adopt
appropriate regulations pursuant to chapter 34.05 RCW for the purpose
of carrying into effect the provisions of this section.
Sec. 208 RCW 66.12.140 and 1982 c 85 s 8 are each amended to read
as follows:
(1) Nothing in this title shall prevent the use of beer, wine,
and/or spirituous liquor, for cooking purposes only, in conjunction
with a culinary or restaurant course offered by a college, university,
community college, area vocational technical institute, or private
vocational school. Further, nothing in this title shall prohibit the
making of beer or wine in food fermentation courses offered by a
college, university, community college, area vocational technical
institute, or private vocational school.
(2) "Culinary or restaurant course" as used in this section means
a course of instruction which includes practical experience in food
preparation under the supervision of an instructor who is twenty-one
years of age or older.
(3) Persons under twenty-one years of age participating in culinary
or restaurant courses may handle beer, wine, or spirituous liquor for
purposes of participating in the courses, but nothing in this section
shall be construed to authorize consumption of liquor by persons under
twenty-one years of age or to authorize possession of liquor by persons
under twenty-one years of age at any time or place other than while
preparing food under the supervision of the course instructor.
(4) Beer, wine, and/or spirituous liquor to be used in culinary or
restaurant courses shall be purchased at retail from ((the board or))
a retailer licensed under this title. All such liquor shall be
securely stored in the food preparation area and shall not be displayed
in an area open to the general public.
(5) Colleges, universities, community colleges, area vocational
technical institutes, and private vocational schools shall obtain the
prior written approval of the board for use of beer, wine, and/or
spirituous liquor for cooking purposes in their culinary or restaurant
courses.
Sec. 209 RCW 66.20.010 and 2008 c 181 s 602 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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(7) Where the application is for a special permit by an authorized
representative of a military installation operated by or for any of the
armed forces within the geographical boundaries of the state of
Washington, a special permit to purchase liquor for use on such
military installation at prices to be fixed by the board;
(8) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
serve liquor without charge to delegates and guests at a convention of
a trade association composed of licensees of the board, when the said
liquor is served in a hospitality room or from a booth in a board-approved suppliers' display room at the convention, and when the liquor
so served is for consumption in the said hospitality room or display
room during the convention, anything in Title 66 RCW to the contrary
notwithstanding. Any such spirituous liquor shall be purchased ((from
the board or)) at retail or from 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 or)) at
retail or from 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)) at retail 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 facility offering from one to eight lodging units and breakfast to
travelers and guests.
Sec. 210 RCW 66.20.160 and 2005 c 151 s 8 are each amended to
read as follows:
(1) Words and phrases as used in RCW 66.20.160 to 66.20.210,
inclusive, shall have the following meaning:
(2) "Card of identification" means any one of those cards described
in RCW 66.16.040.
(3) "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 a state liquor store
to sell liquor.))
Sec. 211 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. 212 RCW 66.20.180 and 2005 c 151 s 9 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, contract liquor store
manager, contract liquor store employee,)) peace officer, or
enforcement officer of the board for the purpose of aiding the
licensee, ((store employee, contract liquor store manager, contract
liquor 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 liquor store or contract liquor
store)).
Sec. 213 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. 214 RCW 66.20.200 and 2003 c 53 s 295 are each amended to
read as follows:
(1) 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.
(2) 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, 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. 215 RCW 66.20.210 and 1973 1st ex.s. c 209 s 9 are each
amended to read as follows:
(1) No licensee or the agent or employee of the licensee((, or
store employee,)) 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.
(2) 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 acted in good faith.
Sec. 216 RCW 66.24.160 and 1981 1st ex.s. c 5 s 30 are each
amended to read as follows:
A liquor importer's license may be issued to any qualified person,
firm or corporation, entitling the holder thereof to import into the
state any liquor other than beer or wine; to store the same within the
state, and to sell and export the same from the state; fee six hundred
dollars per annum. Such liquor importer's license shall be subject to
all conditions and restrictions imposed by this title or by the rules
and regulations of the board, and shall be issued only upon such terms
and conditions as may be imposed by the board. ((No liquor importer's
license shall be required in sales to the Washington state liquor
control board.))
Sec. 217 RCW 66.24.360 and 2009 c 507 s 5 are each amended to
read as follows:
There shall be a beer and/or wine retailer's license to be
designated as a grocery store license to sell beer, strong beer, and/or
wine at retail in bottles, cans, and original containers, not to be
consumed upon the premises where sold((, at any store other than the
state liquor stores)).
(1) Licensees obtaining a written endorsement from the board may
also sell malt liquor in kegs or other containers capable of holding
less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one hundred
sixty-six dollars for each store.
(3)(a) The board shall issue a restricted grocery store license
authorizing the licensee to sell beer and only table wine, if the board
finds upon issuance or renewal of the license that the sale of strong
beer or fortified wine would be against the public interest. In
determining the public interest, the board shall consider at least the
following factors:
(((a))) (i) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(((b))) (ii) Law enforcement problems in the vicinity of the
applicant's establishment that may arise from persons purchasing strong
beer or fortified wine at the establishment; and
(((c))) (iii) Whether the sale of strong beer or fortified wine
would be detrimental to or inconsistent with a government-operated or
funded alcohol treatment or detoxification program in the area.
(b) If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a grocery store license must maintain a
minimum three thousand dollar inventory of food products for human
consumption, not including pop, beer, strong beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also
receive an endorsement to permit the international export of beer,
strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this endorsement must
have been purchased from a licensed beer or wine distributor licensed
to do business within the state of Washington.
(b) Any beer, strong beer, and wine sold under this endorsement
must be intended for consumption outside the state of Washington and
the United States and appropriate records must be maintained by the
licensee.
(c) ((A holder of this special endorsement to the grocery store
license shall be considered not in violation of RCW 66.28.010.)) Any beer, strong beer, or wine sold under this license must
be sold at a price no less than the acquisition price paid by the
holder of the license.
(d)
(((e))) (d) The annual cost of this endorsement is five hundred
fifty-three dollars and is in addition to the license fees paid by the
licensee for a grocery store license.
(6) A grocery store licensee holding a snack bar license under RCW
66.24.350 may receive an endorsement to allow the sale of confections
containing more than one percent but not more than ten percent alcohol
by weight to persons twenty-one years of age or older.
Sec. 218 RCW 66.24.360 and 2007 c 226 s 2 are each amended to
read as follows:
There shall be a beer and/or wine retailer's license to be
designated as a grocery store license to sell beer, strong beer, and/or
wine at retail in bottles, cans, and original containers, not to be
consumed upon the premises where sold((, at any store other than the
state liquor stores)).
(1) Licensees obtaining a written endorsement from the board may
also sell malt liquor in kegs or other containers capable of holding
less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one hundred
fifty dollars for each store.
(3) The board shall issue a restricted grocery store license
authorizing the licensee to sell beer and only table wine, if the board
finds upon issuance or renewal of the license that the sale of strong
beer or fortified wine would be against the public interest. In
determining the public interest, the board shall consider at least the
following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a grocery store license must maintain a
minimum three thousand dollar inventory of food products for human
consumption, not including pop, beer, strong beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also
receive an endorsement to permit the international export of beer,
strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this endorsement must
have been purchased from a licensed beer or wine distributor licensed
to do business within the state of Washington.
(b) Any beer, strong beer, and wine sold under this endorsement
must be intended for consumption outside the state of Washington and
the United States and appropriate records must be maintained by the
licensee.
(c) ((A holder of this special endorsement to the grocery store
license shall be considered not in violation of RCW 66.28.010.)) Any beer, strong beer, or wine sold under this license must
be sold at a price no less than the acquisition price paid by the
holder of the license.
(d)
(((e))) (d) The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the licensee for
a grocery store license.
(6) A grocery store licensee holding a snack bar license under RCW
66.24.350 may receive an endorsement to allow the sale of confections
containing more than one percent but not more than ten percent alcohol
by weight to persons twenty-one years of age or older.
Sec. 219 RCW 66.24.371 and 2009 c 507 s 6 and 2009 c 373 s 6 are
each reenacted and amended to read as follows:
(1) There shall be a beer and/or wine retailer's license to be
designated as a beer and/or wine specialty shop license to sell beer,
strong beer, and/or wine at retail in bottles, cans, and original
containers, not to be consumed upon the premises where sold, at any
store ((other than the state liquor stores)). Licensees obtaining a
written endorsement from the board may also sell malt liquor in kegs or
other containers capable of holding four gallons or more of liquid.
The annual fee for the beer and/or wine specialty shop license is one
hundred eleven dollars for each store. The sale of any container
holding four gallons or more must comply with RCW 66.28.200 and
66.28.220.
(2) Licensees under this section may provide, free or for a charge,
single-serving samples of two ounces or less to customers for the
purpose of sales promotion. Sampling activities of licensees under
this section are subject to RCW ((66.28.010 and)) 66.28.040 and the
cost of sampling under this section may not be borne, directly or
indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine specialty
shop license, authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the license that
the sale of strong beer or fortified wine would be against the public
interest. In determining the public interest, the board shall consider
at least the following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a beer and/or wine specialty shop license
must maintain a minimum three thousand dollar wholesale inventory of
beer, strong beer, and/or wine.
Sec. 220 RCW 66.24.371 and 2009 c 373 s 6 are each amended to
read as follows:
(1) There shall be a beer and/or wine retailer's license to be
designated as a beer and/or wine specialty shop license to sell beer,
strong beer, and/or wine at retail in bottles, cans, and original
containers, not to be consumed upon the premises where sold, at any
store ((other than the state liquor stores)). Licensees obtaining a
written endorsement from the board may also sell malt liquor in kegs or
other containers capable of holding four gallons or more of liquid.
The annual fee for the beer and/or wine specialty shop license is one
hundred dollars for each store. The sale of any container holding four
gallons or more must comply with RCW 66.28.200 and 66.28.220.
(2) Licensees under this section may provide, free or for a charge,
single-serving samples of two ounces or less to customers for the
purpose of sales promotion. Sampling activities of licensees under
this section are subject to RCW ((66.28.010 and)) 66.28.040 and the
cost of sampling under this section may not be borne, directly or
indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine specialty
shop license, authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the license that
the sale of strong beer or fortified wine would be against the public
interest. In determining the public interest, the board shall consider
at least the following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a beer and/or wine specialty shop license
must maintain a minimum three thousand dollar wholesale inventory of
beer, strong beer, and/or wine.
Sec. 221 RCW 66.24.380 and 2005 c 151 s 10 are each amended to
read as follows:
There shall be a retailer's license to be designated as a special
occasion license to be issued to a not-for-profit society or
organization to sell spirits, beer, and wine by the individual serving
for on-premises consumption at a specified event, such as at picnics or
other special occasions, at a specified date and place; fee sixty
dollars per day.
(1) The not-for-profit society or organization is limited to sales
of no more than twelve calendar days per year. For the purposes of
this subsection, special occasion licensees that are "agricultural area
fairs" or "agricultural county, district, and area fairs," as defined
by RCW 15.76.120, that receive a special occasion license may, once per
calendar year, count as one event fairs that last multiple days, so
long as alcohol sales are at set dates, times, and locations, and the
board receives prior notification of the dates, times, and locations.
The special occasion license applicant will pay the sixty dollars per
day for this event.
(2) The licensee may sell beer and/or wine in original, unopened
containers for off-premises consumption if permission is obtained from
the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and wine is to
be confined to specified premises or designated areas only.
(4) Spirituous liquor sold under this special occasion license must
be purchased ((at a state liquor store or contract liquor store without
discount)) at retail prices, including all taxes.
(5) Any violation of this section is a class 1 civil infraction
having a maximum penalty of two hundred fifty dollars as provided for
in chapter 7.80 RCW.
Sec. 222 RCW 66.40.140 and 1933 ex.s. c 62 s 88 are each amended
to read as follows:
Whenever a majority of qualified voters voting upon said question
in any such unit shall have voted "Against sale of liquor", the county
auditor shall file with the liquor control board a certificate showing
the result of the canvass at such election; and thereafter, except as
hereinafter provided, it shall not be lawful for a liquor store to be
operated therein nor for licensees to maintain and operate licensed
premises therein except as hereinafter provided:
(1) ((As to any stores maintained by the board within any such unit
at the time of such licensing, the board shall have a period of thirty
days from and after the date of the canvass of the vote upon such
election to continue operation of its store or stores therein.)) As to any premises licensed hereunder within any such unit at
the time of such election, such licensee shall have a period of sixty
days from and after the date of the canvass of the vote upon such
election in which to discontinue operation of its store or stores
therein.
(2)
(((3))) (2) Nothing herein contained shall prevent any distillery,
brewery, rectifying plant or winery or the licensed operators thereof
from selling its manufactured product, manufactured within such unit,
outside the boundaries thereof.
(((4))) (3) Nothing herein contained shall prevent any person
residing in any unit in which the sale of liquor shall have been
forbidden by popular vote as herein provided, who is otherwise
qualified to receive and hold a permit under this title, from lawfully
purchasing without the unit and transporting into or receiving within
the unit, liquor lawfully purchased by him outside the boundaries of
such unit.
Sec. 223 RCW 66.44.120 and 2005 c 151 s 11 are each amended to
read as follows:
(1) No person other than an employee of the board shall keep or
have in his or her possession any official seal prescribed under this
title, unless the same is attached to a package which has been
purchased from a ((liquor store or contract liquor)) retail store; nor
shall any person keep or have in his or her possession any design in
imitation of any official seal prescribed under this title, or
calculated to deceive by its resemblance thereto, or any paper upon
which any design in imitation thereof, or calculated to deceive as
aforesaid, is stamped, engraved, lithographed, printed, or otherwise
marked.
(2)(a) Except as provided in (b) of this subsection, every person
who willfully violates this section is guilty of a gross misdemeanor
and shall be liable on conviction thereof for a first offense to
imprisonment in the county jail for a period of not less than three
months nor more than six months, without the option of the payment of
a fine, and for a second offense, to imprisonment in the county jail
for not less than six months nor more than one year, without the option
of the payment of a fine.
(b) A third or subsequent offense is a class C felony, punishable
by imprisonment in a state correctional facility for not less than one
year nor more than two years.
Sec. 224 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, or some person))
a licensee authorized by the board to sell them, he or she shall be
guilty of a misdemeanor.
Sec. 225 RCW 66.44.160 and 1955 c 289 s 6 are each amended to
read as follows:
Except as otherwise provided in this title, any person who has or
keeps or transports alcoholic beverages other than those purchased from
((the board, a state liquor store, or some person)) a licensee
authorized by the board to sell them, shall be guilty of a violation of
this title.
NEW SECTION. Sec. 226 The following acts or parts of acts are
each repealed:
(1) RCW 66.08.070 (Purchase of liquor by board -- Consignment not
prohibited -- Warranty or affirmation not required for wine or malt
purchases) and 1985 c 226 s 2, 1973 1st ex.s. c 209 s 1, & 1933 ex.s.
c 62 s 67;
(2) RCW 66.08.075 (Officer, employee not to represent manufacturer,
wholesaler in sale to board) and 1937 c 217 s 5;
(3) RCW 66.08.160 (Acquisition of warehouse authorized) and 1947 c
134 s 1;
(4) RCW 66.08.165 (Strategies to improve operational efficiency and
revenue) and 2005 c 231 s 1;
(5) RCW 66.08.166 (Sunday sales authorized--Store selection and
other requirements) and 2005 c 231 s 2;
(6) RCW 66.08.167 (Sunday sales--Store selection) and 2005 c 231 s
4;
(7) RCW 66.08.220 (Liquor revolving fund -- Separate account--Distribution) and 2009 c 271 s 4, 2007 c 370 s 15, 1999 c 281 s 2, &
1949 c 5 s 11;
(8) RCW 66.08.235 (Liquor control board construction and
maintenance account) and 2005 c 151 s 4, 2002 c 371 s 918, & 1997 c 75
s 1;
(9) RCW 66.16.010 (Board may establish -- Price standards -- Prices in
special instances) and 2005 c 518 s 935, 2003 1st sp.s. c 25 s 928,
1939 c 172 s 10, 1937 c 62 s 1, & 1933 ex.s. c 62 s 4;
(10) RCW 66.16.040 (Sales of liquor by employees -- Identification
cards -- Permit holders -- Sales for cash -- Exception) and 2005 c 206 s 1,
2005 c 151 s 5, 2005 c 102 s 1, 2004 c 61 s 1, 1996 c 291 s 1, 1995 c
16 s 1, 1981 1st ex.s. c 5 s 8, 1979 c 158 s 217, 1973 1st ex.s. c 209
s 3, 1971 ex.s. c 15 s 1, 1959 c 111 s 1, 1933 ex.s. c 62 s 7;
(11) RCW 66.16.041 (Credit and debit card purchases -- Rules--Provision, installation, maintenance of equipment by board--Consideration of offsetting liquor revolving fund balance reduction)
and 2005 c 151 s 6, 2004 c 63 s 2, 1998 c 265 s 3, 1997 c 148 s 2, &
1996 c 291 s 2;
(12) RCW 66.16.050 (Sale of beer and wine to person licensed to
sell) and 1933 ex.s. c 62 s 8;
(13) RCW 66.16.060 (Sealed packages may be required, exception) and
1943 c 216 s 1 & 1933 ex.s. c 62 s 9;
(14) RCW 66.16.070 (Liquor cannot be opened or consumed on store
premises) and 1933 ex.s. c 62 s 10;
(15) RCW 66.16.090 (Record of individual purchases confidential--Penalty for disclosure) and 1933 ex.s. c 62 s 89;
(16) RCW 66.16.100 (Fortified wine sales) and 1997 c 321 s 42 &
1987 c 386 s 5;
(17) RCW 66.16.110 (Birth defects from alcohol -- Warning required)
and 1993 c 422 s 2;
(18) RCW 66.16.120 (Employees working on Sabbath) and 2005 c 231 s
5; and
(19) RCW 66.28.180 (Price list -- Contents -- Contracts and memoranda
with distributors) and 2009 c 506 s 10, 2006 c 302 s 10, & 2005 c 274
s 327.
NEW SECTION. Sec. 301 Section 101 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately.
NEW SECTION. Sec. 302 Sections 102 through 216 and 221 through
225 of this act take effect July 1, 2012.
NEW SECTION. Sec. 303 Sections 218 and 220 of this act take
effect July 1, 2011.
NEW SECTION. Sec. 304 Sections 217 and 219 of this act expire
July 1, 2011.