AN ACT Relating to the licensing and sale of table and fortified wine; amending RCW 66.24.370; and adding new sections to chapter 66.24 RCW.

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

Sec. 1. 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) Until July 1, 1991, 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 and 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. On July 1, 1991, the class F license shall be abolished. Any class F license issued on or after July 1, 1990, shall expire on July 1, 1991. The fee for class F licenses issued on or after July 1, 1990, and before July 1, 1991, shall be prorated. The board shall determine the pro rata schedule for fees under this section.

(2) Until July 1, 1991, 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. 2. (1) As of July 1, 1991, there shall be a wine retailer's license to be designated as a class Q license to sell table 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, That 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) 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. (1) The legislature finds that the sale of fortified wine in close proximity to social service agencies, including missions, detoxification centers, half-way houses, work release facilities, public health centers, and government-operated or funded alcohol treatment centers is inconsistent with the operation of the facilities and tends to cause law enforcement problems in certain localities. Therefore, the legislature deems it necessary to create a process by which the board can more consistently and efficiently regulate the issuance and renewal of wine retailer licenses.

(2) As of July 1, 1991, there shall be a wine retailer's license to be designated as a class R license to sell fortified wine. The board must find upon issuance or renewal of the license that the sale of fortified wine would not be against the public interest. In determining the public interest, the board shall consider at least the following factors:

(a) The location of the premises within five hundred feet of a public or private social service agency such as a mission, a detoxification center, a half-way house, a work release facility, a public health center, or a government-operated or funded alcohol treatment center;

(b) The history of law enforcement problems that are associated with the sale of fortified wine at the establishment;

(d) Objections of city or county officials to the issuance or renewal of the license.

(3) Before the board issues a class R license to any applicant, it shall give written notice by certified mail of the application to any public or private social service agency such as a mission, a detoxification center, a half-way house, a work release facility, a public health center, or a government-operated or funded alcohol treatment center within five hundred feet of the premises to be licensed. The board shall issue no class R wine retailer license covering any premises if such premises are within five hundred feet of the premises of any public or private social service agency measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the social service agency grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the social service agency of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the social service agency within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a social service agency.

NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 66.24 RCW.