2565-S2 AMH COND HEDE 228

2SHB 2565 - H AMD 1326

By Representative Condotta

FAILED 03/06/2012

    On page 12, after line 15, insert the following:

"NEW SECTION.  Sec. 13. A new section is added to chapter 82.24 RCW to read as follows:

    (1) Within ninety days of the closure of a retail establishment operating a commercial cigarette-making machine, the board must pay the retailer, at a minimum:

    (a) The cost to the retailer of each commercial cigarette-making machine purchased for or operated by the retailer;

    (b) The cost to the retailer of buying out each commercial lease, including penalties and fees, in which the retailer operated commercial cigarette-making machines;

    (c) The cost to the retailer of any parts, maintenance service, and repair costs associated with each commercial cigarette-making machine;

    (d) The cost to the retailer of unused, undamaged, and unsold inventory, including tobacco, cigarette papers, cigarette tubes, supplies, or accessories used in the operation of a commercial cigarette-making machine; and

    (e) Monetary damages in the amount of three times the retailer's gross revenue for the twelve months preceding closure.

    (2) A retailer must have been in business on or before March 31, 2012, to qualify for compensation under subsection 1 of this section."

    Renumber the remaining section consecutively, correct any internal references accordingly, and correct the title.

EFFECT:   Requires the Liquor Control Board to compensate a retailer that has closed if the retailer was operating a commercial cigarette-making machine.  Requires compensation within 90 days of the closure for the cost of commercial cigarette-making machines, commercial leases, repair costs for machines, inventory, and monetary damages in the amount of three times the retailer's gross revenue for the preceding twelve months.

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