AN ACT Relating to the local option prohibition on the sale of liquor; and amending RCW 66.40.010 and 66.40.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 66.40.010 and 1957 c 263 s 3 are each amended to read as follows:

(1) For ((the purpose of)) an election upon the question of whether the sale of liquor((s shall be)) is permitted, the election unit ((shall)) must be any ((incorporated)) city or town, or ((all)) that portion of any county not ((included)) within ((the limits of incorporated)) cities and towns.

Sec. 2.  RCW 66.40.030 and 2009 c 271 s 9 are each amended to read as follows:

(1) Within any ((unit referred to in RCW 66.40.010, there may be held a separate election)) election unit referred to in RCW 66.40.010, subject to the exception specified in subsection (2) of this section, a separate election may be held upon the question of whether the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses, ((shall)) must be permitted within ((such)) the election unit. The conditions and procedure for holding ((such)) the election ((shall be those)) are prescribed by RCW 66.40.020, 66.40.040, 66.40.100, 66.40.110, and 66.40.120. Whenever a majority of qualified voters voting upon ((said)) the question in ((any such)) the election unit ((shall have voted)) vote "against the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses," the county auditor ((shall)) must file with the liquor control board a certificate showing the result of the canvass at ((such)) the election((; and after)). Ninety days ((from and)) after the date of ((the)) that canvass, it ((shall not be lawful)) is unlawful for licensees to maintain and operate premises within the election unit licensed under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses.

(2) The addition after an election under subsection (1) of this section of new territory to ((a city, town, or county,)) the election unit by annexation, disincorporation, or otherwise((, shall)) does not extend the prohibition against the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses to the new territory. Furthermore, the new territory is not: (a) Within the election unit in any subsequent election under subsection (1) of this section; or (b) subject to any prohibition adopted pursuant to any subsequent election under subsection (1) of this section.

(3) Elections held under RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120, and 66.40.140((, shall be)) are limited to the question of whether the sale of liquor by means other than under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses ((shall be)) is permitted within ((such)) the election unit.

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