HOUSE BILL REPORT

EHB 2472

BYRepresentatives Cole, Smith, Prentice, Leonard, R. King, Walker, O'Brien, Winsley, Ferguson and Wang

Making changes in liquor administration.

House Committe on Commerce & Labor

Majority Report:  Do pass as amended.  (11)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Smith, Ranking Republican Member; Forner, Jones, R. King, Leonard, O'Brien, Prentice, Walker and Wolfe.

House Staff:Jim Kelley (786-7166)

AS PASSED HOUSE FEBRUARY 6, 1990

BACKGROUND:

It is unlawful to sell liquor without a license or permit from the Liquor Control Board.  "Sell" is defined broadly to include supplying or distributing liquor, by any means whatsoever. Therefore, it is technically unlawful to give liquor as a gift.

A class H liquor license may be issued to restaurants, hotels, clubs, dining places at publicly owned civic centers, and other entities specified by law.  The license allows the sale of spirits by the individual glass, beer, and wine.  Therefore, pitchers of beer and carafes of wine are permitted, but multiple service containers of spiritous drinks are not allowed.

Current law prohibits persons from selling liquor without a license or permit from the Liquor Control Board.  Persons desiring to sell private liquor collections must sell through the board, paying an administrative fee.

Identification cards acceptable for proof of age to purchase liquor include active duty military identification cards.  Reserve identification cards are not acceptable.

When liquor is seized by a local law enforcement officer or the Washington State Patrol, the entity must report the seizure to the board and deliver the liquor to the board.  This provision has resulted in local law enforcement agencies having to store liquor until a board enforcement officer is available to receive it.

SUMMARY:

A person not licensed by the Liquor Control Board may give liquor to another person, also not licensed by the board, for personal use only.

Class H liquor licensees may sell spiritous liquor by the individual container, instead of by the individual glass. An individual container shall contain no more individual drinks than the number of persons to be served.

"Liquor collector items" are defined as containers of beer, wine, and spiritous liquor which are of different and unique types or brands and/or which contain antique or rare vintage liquor. A liquor collector or his or her estate may sell liquor collector items without obtaining a license or permit from the Liquor Control Board.  The seller must provide written notification to the board and must allow board inspection.  The board must respond within 15 days.  Liquor collector items may not be sold through licensed premises.

Military reserve duty identification cards are added to the list of identification cards acceptable for proof of age to purchase liquor.

The requirement that local law enforcement officers and the Washington State Patrol deliver seized liquor to the board is eliminated.  The reporting requirement is modified to require the entities to make reports on seized liquor to the board on a periodic basis.

Other housekeeping changes are made.

Fiscal Note:      Requested January 6, 1990.

House Committee ‑ Testified For:    Carter Mitchell, Liquor Control Board; and Bob Seeber, Restaurant Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    This is a cleanup bill with a narrow title.  Changing the word "drink" to "individual container" would clarify the intent of the bill.

House Committee - Testimony Against:      None.