State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to liquor licensing, sales, and tasting; amending RCW 66.12.240, 66.20.300, 66.20.310, 66.24.440, and 66.24.363; reenacting and amending RCW 66.28.310; adding a new section to chapter 66.20 RCW; adding a new section to chapter 66.24 RCW; and adding a new section to chapter 66.16 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 66.12.240 and 2009 c 361 s 1 are each amended to read
as follows:
(1) Nothing in this title applies to or prevents a day spa, wedding
boutique, or art gallery from offering or supplying without charge wine
or beer by the individual glass to a customer for consumption on the
premises. However, the customer must be at least twenty-one years of
age and may only be offered one glass of wine or beer, and wine or beer
served or consumed shall be purchased from a Washington state licensed
retailer or a Washington state liquor store or agency at full retail
price. A day spa, wedding boutique, or art gallery offering wine or
beer without charge may not advertise the service of complimentary wine
or beer and may not sell wine or beer in any manner. If the wine or
beer is offered by a day spa that provides massages, the wine or beer
may not be offered to the customers until the massage is completed.
Any employee involved in the service of wine or beer must complete a
board-approved limited alcohol server training program.
(2) For the purposes of this section:
(a) "Art gallery" means a room or building devoted to the
exhibition and/or sale of the works of art.
(b) "Wedding boutique" means a business primarily engaged in the
sale of wedding merchandise.
NEW SECTION. Sec. 2 A new section is added to chapter 66.20 RCW
to read as follows:
(1) There shall be a permit known as a day spa permit to allow the
holder to offer or supply without charge wine or beer by the individual
glass to a customer for consumption on the premises. The customer must
be at least twenty-one years of age and may only be offered one glass
of wine or beer, and wine or beer served or consumed shall be purchased
from a Washington state licensed retailer. A day spa offering wine or
beer without charge may not advertise the service of complimentary wine
or beer and may not sell wine or beer in any manner. If the wine or
beer is offered by a day spa that provides massages, the wine or beer
may not be offered to the customers until the massage is completed.
(2) For the purposes of this section, "day spa" means a business
that offers at least three of the following beauty services:
Shampooing, cutting, styling, or dyeing hair, manicures, pedicures,
facials, massages, and the use of body toning equipment.
(3) The annual fee for this permit is one hundred twenty-five
dollars.
NEW SECTION. Sec. 3 A new section is added to chapter 66.24 RCW
to read as follows:
(1) There shall be a license to be designated as a senior center
license. This shall be a license issued to a nonprofit organization
whose primary service is providing recreational and social activities
for seniors on the licensed premises. This license shall permit the
licensee to sell spirits by the individual glass, including mixed
drinks and cocktails mixed on the premises only, beer and wine, at
retail for consumption on the premises.
(2) To qualify for this license, the applicant entity must:
(a) Be a nonprofit organization under chapter 24.03 RCW;
(b) Be open at times and durations established by the board; and
(c) Provide limited food service as defined by the board.
(3) All alcohol servers must have a valid mandatory alcohol server
training permit.
(4) The board shall adopt rules to implement this section.
(5) The annual fee for this license shall be seven hundred twenty
dollars.
Sec. 4 RCW 66.20.300 and 2011 c 325 s 5 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 66.20.310 through 66.20.350.
(1) "Alcohol" has the same meaning as "liquor" in RCW 66.04.010.
(2) "Alcohol server" means any person who as part of his or her
employment participates in the sale or service of alcoholic beverages
for on-premise consumption at a retail licensed premise as a regular
requirement of his or her employment, and includes those persons
eighteen years of age or older permitted by the liquor laws of this
state to serve alcoholic beverages with meals.
(3) "Board" means the Washington state liquor control board.
(4) "Training entity" means any liquor licensee associations,
independent contractors, private persons, and private or public
schools, that have been certified by the board.
(5) "Retail licensed premises" means any:
(a) Premises licensed to sell alcohol by the glass or by the drink,
or in original containers primarily for consumption on the premises as
authorized by RCW 66.24.320, 66.24.330, 66.24.350, 66.24.400,
66.24.425, 66.24.450, 66.24.570, ((and)) 66.24.610, and section 3 of
this act;
(b) Distillery licensed pursuant to RCW 66.24.140 that is
authorized to serve samples of its own production;
(c) Facility established by a domestic winery for serving and
selling wine pursuant to RCW 66.24.170(4); and
(d) Grocery store licensed under RCW 66.24.360, but only with
respect to employees whose duties include serving during tasting
activities under RCW 66.24.363.
Sec. 5 RCW 66.20.310 and 2011 c 325 s 4 are each amended to read
as follows:
(1)(a) There shall be an alcohol server permit, known as a class 12
permit, for a manager or bartender selling or mixing alcohol, spirits,
wines, or beer for consumption at an on-premises licensed facility.
(b) There shall be an alcohol server permit, known as a class 13
permit, for a person who only serves alcohol, spirits, wines, or beer
for consumption at an on-premises licensed facility.
(c) As provided by rule by the board, a class 13 permit holder may
be allowed to act as a bartender without holding a class 12 permit.
(2)(a) Effective January 1, 1997, except as provided in (d) of this
subsection, every alcohol server employed, under contract or otherwise,
at a retail licensed premise shall be issued a class 12 or class 13
permit.
(b) Every class 12 and class 13 permit issued shall be issued in
the name of the applicant and no other person may use the permit of
another permit holder. The holder shall present the permit upon
request to inspection by a representative of the board or a peace
officer. The class 12 or class 13 permit shall be valid for employment
at any retail licensed premises described in (a) of this subsection.
(c) Except as provided in (d) of this subsection, no licensee
holding a license as authorized by RCW 66.24.320, 66.24.330, 66.24.350,
66.24.400, 66.24.425, 66.24.450, 66.24.570, 66.24.600, ((and))
66.24.610, and section 3 of this act may employ or accept the services
of any person without the person first having a valid class 12 or class
13 permit.
(d) Within sixty days of initial employment, every person whose
duties include the compounding, sale, service, or handling of liquor
shall have a class 12 or class 13 permit.
(e) No person may perform duties that include the sale or service
of alcoholic beverages on a retail licensed premises without possessing
a valid alcohol server permit.
(3) A permit issued by a training entity under this section is
valid for employment at any retail licensed premises described in
subsection (2)(a) of this section for a period of five years unless
suspended by the board.
(4) The board may suspend or revoke an existing permit if any of
the following occur:
(a) The applicant or permittee has been convicted of violating any
of the state or local intoxicating liquor laws of this state or has
been convicted at any time of a felony; or
(b) The permittee has performed or permitted any act that
constitutes a violation of this title or of any rule of the board.
(5) The suspension or revocation of a permit under this section
does not relieve a licensee from responsibility for any act of the
employee or agent while employed upon the retail licensed premises.
The board may, as appropriate, revoke or suspend either the permit of
the employee who committed the violation or the license of the licensee
upon whose premises the violation occurred, or both the permit and the
license.
(6)(a) After January 1, 1997, it is a violation of this title for
any retail licensee or agent of a retail licensee as described in
subsection (2)(a) of this section to employ in the sale or service of
alcoholic beverages, any person who does not have a valid alcohol
server permit or whose permit has been revoked, suspended, or denied.
(b) It is a violation of this title for a person whose alcohol
server permit has been denied, suspended, or revoked to accept
employment in the sale or service of alcoholic beverages.
(7) Grocery stores licensed under RCW 66.24.360, the primary
commercial activity of which is the sale of grocery products and for
which the sale and service of beer and wine for on-premises consumption
with food is incidental to the primary business, and employees of such
establishments, are exempt from RCW 66.20.300 through 66.20.350, except
for employees whose duties include serving during tasting activities
under RCW 66.24.363.
Sec. 6 RCW 66.24.440 and 2011 c 325 s 3 are each amended to read
as follows:
Each spirits, beer, and wine restaurant, spirits, beer, and wine
private club, hotel, spirits, beer, and wine nightclub, sports
entertainment facility ((licensee, and)), VIP airport lounge, and
senior center licensee shall be entitled to purchase any spirituous
liquor items salable under such license from the board at a discount of
not less than fifteen percent from the retail price fixed by the board,
together with all taxes.
Sec. 7 RCW 66.28.310 and 2011 c 119 s 101 and 2011 c 66 s 3 are
each reenacted and amended to read as follows:
(1)(a) Nothing in RCW 66.28.305 prohibits an industry member from
providing retailers branded promotional items which are of nominal
value, singly or in the aggregate. Such items include but are not
limited to: Trays, lighters, blotters, postcards, pencils, coasters,
menu cards, meal checks, napkins, clocks, mugs, glasses, bottles or can
openers, corkscrews, matches, printed recipes, shirts, hats, visors,
and other similar items. Branded promotional items:
(i) Must be used exclusively by the retailer or its employees in a
manner consistent with its license;
(ii) Must bear imprinted advertising matter of the industry member
only, except imprinted advertising matter of the industry member can
include the logo of a professional sports team which the industry
member is licensed to use;
(iii) May be provided by industry members only to retailers and
their employees and may not be provided by or through retailers or
their employees to retail customers; and
(iv) May not be targeted to or appeal principally to youth.
(b) An industry member is not obligated to provide any such branded
promotional items, and a retailer may not require an industry member to
provide such branded promotional items as a condition for selling any
alcohol to the retailer.
(c) Any industry member or retailer or any other person asserting
that the provision of branded promotional items as allowed in (a) of
this subsection has resulted or is more likely than not to result in
undue influence or an adverse impact on public health and safety, or is
otherwise inconsistent with the criteria in (a) of this subsection may
file a complaint with the board. Upon receipt of a complaint the board
may conduct such investigation as it deems appropriate in the
circumstances. If the investigation reveals the provision of branded
promotional items has resulted in or is more likely than not to result
in undue influence or has resulted or is more likely than not to result
in an adverse impact on public health and safety or is otherwise
inconsistent with (a) of this subsection the board may issue an
administrative violation notice to the industry member, to the
retailer, or both. The recipient of the administrative violation
notice may request a hearing under chapter 34.05 RCW.
(2) Nothing in RCW 66.28.305 prohibits:
(a) An industry member from providing to a special occasion
licensee and a special occasion licensee from receiving services 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) Pouring or dispensing of spirits by a licensed domestic
distiller or the accredited representative of a distiller,
manufacturer, importer, or distributor of spirituous liquor licensed
under RCW 66.24.310; or
(b) Special occasion licensees from paying for beer or wine
immediately following the end of the special occasion event; or
(c) Wineries or breweries that are participating in a special
occasion event from paying reasonable booth fees to the special
occasion licensee.
(3) Nothing in RCW 66.28.305 prohibits industry members from
performing, and retailers from accepting the service of building,
rotating, and restocking displays and stockroom inventories; rotating
and rearranging can and bottle displays of their own products;
providing point of sale material and brand signs; pricing case goods of
their own brands; and performing such similar business services
consistent with board rules, or personal services as described in
subsection (5) of this section.
(4) Nothing in RCW 66.28.305 prohibits:
(a) Industry members from listing on their internet web sites
information related to retailers who sell or promote their products,
including direct links to the retailers' internet web sites; and
(b) Retailers from listing on their internet web sites information
related to industry members whose products those retailers sell or
promote, including direct links to the industry members' web sites; or
(c) Industry members and retailers from producing, jointly or
together with regional, state, or local industry associations,
brochures and materials promoting tourism in Washington state which
contain information regarding retail licensees, industry members, and
their products.
(5) Nothing in RCW 66.28.305 prohibits the performance of personal
services offered from time to time by a domestic winery or certificate
of approval holder to retailers when the personal services are (a)
conducted at a licensed premises, and (b) intended to inform, educate,
or enhance customers' knowledge or experience of the manufacturer's
products. The performance of personal services may include
participation and pouring, bottle signing events, and other similar
informational or educational activities at the premises of a retailer
holding a spirits, beer, and wine restaurant license, a wine and/or
beer restaurant license, a specialty wine shop license, a special
occasion license, a grocery store license with a tasting endorsement,
or a private club license. A domestic winery or certificate of
approval holder is not obligated to perform any such personal services,
and a retail licensee may not require a domestic winery or certificate
of approval holder to conduct any personal service as a condition for
selling any alcohol to the retail licensee, or as a condition for
including any product of the domestic winery or certificate of approval
holder in any tasting conducted by the licensee. Except as provided in
RCW 66.28.150, the cost of sampling may not be borne, directly or
indirectly, by any domestic winery or certificate of approval holder or
any distributor. Nothing in this section prohibits wineries,
breweries, microbreweries, certificate of approval holders, and retail
licensees from identifying the producers on private labels authorized
under RCW 66.24.400, 66.24.425, ((and)) 66.24.450, 66.24.360, and
66.24.371.
(6) Nothing in RCW 66.28.305 prohibits an industry member 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.
(7) Nothing in RCW 66.28.305 prohibits the performance of personal
services offered from time to time by a domestic brewery, microbrewery,
or beer certificate of approval holder to grocery store licensees with
a tasting endorsement when the personal services are (a) conducted at
a licensed premises in conjunction with a tasting event, and (b)
intended to inform, educate, or enhance customers' knowledge or
experience of the manufacturer's products. The performance of personal
services may include participation and pouring, bottle signing events,
and other similar informational or educational activities. A domestic
brewery, microbrewery, or beer certificate of approval holder is not
obligated to perform any such personal services, and a grocery store
licensee may not require the performance of any personal service as a
condition for including any product in any tasting conducted by the
licensee.
(8) Nothing in RCW 66.28.305 prohibits an arrangement between a
domestic winery and a restaurant licensed under RCW 66.24.320 or
66.24.400 to waive a corkage fee.
(9) Nothing in this section prohibits professional sports teams who
hold a retail liquor license or their agents from accepting bona fide
liquor advertising from manufacturers, importers, distributors, or
their agents for use in the sporting arena. Professional sports teams
who hold a retail liquor license or their agents may license the
manufacturer, importer, distributor, or their agents to use the name
and trademarks of the professional sports team in their advertising and
promotions, under the following conditions:
(a) Such advertising must be paid for by said manufacturer,
importer, distributor, or their agent at the published advertising rate
or at a reasonable fair market value.
(b) Such advertising may carry with it no express or implied offer
on the part of the manufacturer, importer, distributor, or their agent,
or promise on the part of the retail licensee whose operation is
directly or indirectly part of the sporting arena, to stock or list any
particular brand of liquor to the total or partial exclusion of any
other brand.
NEW SECTION. Sec. 8 A new section is added to chapter 66.16 RCW
to read as follows:
(1) The liquor control board must allow spirits sampling in former
contract liquor stores for the purpose of promoting spirits products.
Stores may apply for an endorsement to offer spirits tastings under
this section.
(a) No store may hold more than one spirits sampling per week.
(b) The locations shall be approved by the board. Before the board
determines which stores will be eligible to participate, it shall give:
(i) Due consideration to the location of the store with respect to
the proximity of places of worship, schools, and public institutions;
(ii) Due consideration to motor vehicle accident data in the
proximity of the store; and
(iii) Written notice by certified mail of the proposed spirits
sampling to places of worship, schools, and public institutions within
five hundred feet of the store proposed to offer spirits sampling.
(c) Sampling must be conducted under the following conditions:
(i) Sampling may take place only in an area of a store in which
access to persons under twenty-one years of age is prohibited;
(ii) Samples may be provided free of charge;
(iii) Only persons twenty-one years of age or over may sample
spirits;
(iv) Each sample must be one-quarter ounce or less, with no more
than one ounce of samples provided per person per day;
(v) Tasting activities are subject to RCW 66.28.305 and 66.28.040
and the cost of sampling may not be borne, directly or indirectly, by
any liquor manufacturer, importer, or distributor;
(vi) Any person involved in the serving of such samples must have
completed a mandatory alcohol server training program;
(vii) No person who is apparently intoxicated may sample spirits;
(viii) The product provided for sampling must be available for sale
at the store where the sampling occurs at the time of the sampling; and
(ix) Customers must remain on the store premise while consuming
samples.
(d) The liquor control board may prohibit sampling at a location
that is within the boundaries of an alcohol impact area recognized by
resolution of the board if the board finds that the sampling activities
at the location are having an adverse effect on the reduction of
chronic public inebriation in the area.
(e) A store may advertise a tasting event only within the store, on
a store web site, in-store newsletters and flyers, and via e-mail and
mail to customers who have requested notice of events. Advertising
under this subsection may not be targeted to or appeal principally to
youth.
(f) All other criteria must be determined by the board.
(2) The liquor control board may adopt rules to implement this
section.
(3) For the purposes of this section, "store" means a former
contract liquor store premises as of May 31, 2012.
(4)(a) If a store is found to have committed a public safety
violation in conjunction with tasting activities, the board may suspend
the licensee's tasting endorsement and not reissue the endorsement for
up to two years from the date of the violation. If mitigating
circumstances exist, the board may offer a monetary penalty in lieu of
suspension during a settlement conference.
(b) RCW 66.08.150 applies to the suspension or revocation of an
endorsement.
Sec. 9 RCW 66.24.363 and 2010 c 141 s 1 are each amended to read
as follows:
(1) A grocery store licensed under RCW 66.24.360 may apply for an
endorsement to offer beer and wine tasting under this section.
(2) To be issued an endorsement, a licensee must meet the following
criteria:
(a) The licensee has retail sales of grocery products for off-premises consumption that are more than fifty percent of the licensee's
gross sales or the licensee is a membership organization that requires
members to be at least eighteen years of age;
(b) The licensee operates a fully enclosed retail area encompassing
at least nine thousand square feet, except that the board may issue an
endorsement to a licensee with a retail area encompassing less than
nine thousand square feet if the board determines that no licensee in
the community the licensee serves meets the square footage requirement
and the licensee meets operational requirements established by the
board by rule; and
(c) The licensee has not had more than one public safety violation
within the past two years.
(3) A tasting must be conducted under the following conditions:
(a) Each sample must be two ounces or less, up to a total of four
ounces, per customer during any one visit to the premises;
(b) No more than one sample of the same product offering of beer or
wine may be provided to a customer during any one visit to the
premises;
(c) The licensee must have food available for the tasting
participants;
(d) Customers must remain in the service area while consuming
samples; and
(e) The service area and facilities must be located within the
licensee's fully enclosed retail area and must be of a size and design
such that the licensee can observe and control persons in the area to
ensure that persons under twenty-one years of age and apparently
intoxicated persons cannot possess or consume alcohol.
(4) Employees of licensees whose duties include serving during
tasting activities under this section must hold a class 12 alcohol
server permit.
(5) Tasting activities under this section are subject to RCW
66.28.305 and 66.28.040 and the cost of sampling may not be borne,
directly or indirectly, by any liquor manufacturer, importer, or
distributor.
(6) A licensee may advertise a tasting event only within the store,
on a store web site, in store newsletters and flyers, and via e-mail
and mail to customers who have requested notice of events. Advertising
under this subsection may not be targeted to or appeal principally to
youth.
(7)(a) If a licensee is found to have committed a public safety
violation in conjunction with tasting activities, the board may suspend
the licensee's tasting endorsement and not reissue the endorsement for
up to two years from the date of the violation. If mitigating
circumstances exist, the board may offer a monetary penalty in lieu of
suspension during a settlement conference.
(b) The board may revoke an endorsement granted to a licensee that
is located within the boundaries of an alcohol impact area recognized
by resolution of the board if the board finds that the tasting
activities by the licensee are having an adverse effect on the
reduction of chronic public inebriation in the area.
(c) RCW 66.08.150 applies to the suspension or revocation of an
endorsement.
(8) The board may establish additional requirements under this
section to assure that persons under twenty-one years of age and
apparently intoxicated persons cannot possess or consume alcohol.
(9) Upon request the board may adjust the gross sales percentage in
subsection (2)(a) of this section at the discretion of the board.
(10) The annual fee for the endorsement is two hundred dollars.
The board shall review the fee annually and may increase the fee by
rule to a level sufficient to defray the cost of administration and
enforcement of the endorsement, except that the board may not increase
the fee by more than ten percent annually.
(((10))) (11) The board must adopt rules to implement this section.