H-831                _______________________________________________

                                                    HOUSE BILL NO. 438

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Wang, Allen, Hargrove, Leonard, Miller, Rayburn, Cole and Lux

Read first time 1/28/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to beer and wine retailers; amending RCW 66.24.360 and 66.24.370; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds and declares that alcohol-related problems cost this state billions of dollars each year.

          The legislature further finds that the concurrent sale of alcoholic beverages and gasoline contributes to these costs by increasing the incidence of drunk driving and alcoholic beverage sales to minors.

          The legislature also finds that over fifty percent of all traffic accidents are alcohol related.

          The legislature thereby declares that for the public safety and welfare it is necessary to ban the concurrent sale of alcoholic beverages and gasoline.

        Sec. 2.  Section 23-Q added to chapter 62, Laws of 1933 ex. sess. by section 1, chapter 217, Laws of 1937 as last amended by section 41, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.24.360 are each amended to read as follows:

          There shall be a beer retailer's license to be designated as class E license to sell pasteurized beer at retail in bottles and original packages, not to be consumed upon the premises where sold, at any store other than the state liquor stores; fee seventy-five dollars per annum for each store:  PROVIDED, That a holder of a class A or a class B license shall be entitled to the privileges permitted in this section by paying an annual fee of twenty-five dollars for each store.

From the effective date of this section, until July 1, 1989, no new class E license may be granted to or an application accepted from a retail outlet where motor vehicle fuel is also sold, nor may an existing class E license be transferred to such a retail outlet.  The board shall revoke the class E license of any retailer who begins to sell motor vehicle fuel after the effective date of this section.

        Sec. 3.  Section 23-R added to chapter 62, Laws of 1933 ex. sess. by section 1, chapter 217, Laws of 1937 as last amended by section 42, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.24.370 are each amended to read as follows:

          There shall be a wine retailer's license to be designated as class F license to sell wine in bottles and original packages, not to be consumed on the premises where sold, at any store other than the state liquor stores:  PROVIDED, Such licensee shall pay to the state liquor stores for wines purchased from such stores the current retail price; fee seventy-five dollars per annum:  PROVIDED, FURTHER, That a holder of a class A or class B license shall be entitled to the privileges permitted in this section by paying an annual fee of twenty-five dollars for each store.

          Licensees under this section whose business is primarily the sale of wine at retail may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion.

From the effective date of this section, until July 1, 1989, no new class F license may be granted to or an application accepted from a retail outlet where motor vehicle fuel is also sold, nor may an existing class F license be transferred to such a retail outlet.  The board shall revoke the class F license of any retailer who begins to sell motor vehicle fuel after the effective date of this section.

NEW SECTION. Sec. 4.     The liquor control board shall monitor the effects of this act on class E and F licenses and on alcohol-related motor vehicle accidents.  The board shall report to the legislature in January 1989 on the effects of this act and the effects that renewed issuance of class E and F licenses to motor vehicle fuel retailers would have upon such retailers and on alcohol-related motor vehicle accidents.

NEW SECTION. Sec. 5.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.