H-1111              _______________________________________________

                                                   HOUSE BILL NO. 1897

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State of Washington                               51st Legislature                              1989 Regular Session

By Representatives H. Sommers, Locke, Anderson, Wineberry, Phillips and Ferguson

Read first time 2/10/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to liquor licenses; amending RCW 66.16.100 and 66.24.370; and declaring an emergency.

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

        Sec. 1.  Section 5, chapter 386, Laws of 1987 and RCW 66.16.100 are each amended to read as follows:

          No state liquor store ((in a county with a population over three hundred thousand)) may sell fortified wine ((if the board finds that the sale would be against the public interest based on the factors in RCW 66.24.370.  The burden of establishing that the sale would be against the public interest is on those persons objecting)).

        Sec. 2.  Section 1, chapter 217, Laws of 1937 as last amended by section 4, chapter 386, Laws of 1987 and RCW 66.24.370 are each amended to read as follows:

          (1) There shall be a wine retailer's license to be designated as class F license to sell((, subject to subsection (2) of this section,)) table wine and wine other than fortified 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.

          (2) ((In counties with a population over three hundred thousand, the board shall issue a restricted class F license, authorizing the licensee to sell only table wine, if the board finds upon issuance or renewal of the license that the sale of fortified wine would be against the public interest.  In determining the public interest, the board shall consider at least the following factors:

          (a) The likelihood that the applicant will sell fortified wine to persons who are intoxicated;

          (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing fortified wine at the establishment; and

          (c) Whether the sale of fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

          If the board receives no evidence or objection that the sale of fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable.  The burden of establishing that the sale of fortified wine by the licensee would be against the public interest is on those persons objecting.

          (3))) 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.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.