(1) How can local governmental jurisdictions object to the renewal of a liquor license?
(a) The board will give governmental jurisdictions approximately ninety days written notice of premises that hold annual liquor licenses in that jurisdiction that are up for renewal.
(b) Per RCW
66.24.010(8), if a governmental jurisdiction wants to object to the renewal of a liquor license in its jurisdiction, it must submit a letter to the board detailing the reason(s) for the objection and a statement of all facts on which the objections are based.
(c) This letter must be received by the board at least thirty days before the liquor license expires. The objection must state specific reasons and facts that show issuance of the liquor license at the proposed location or to the applicant business will detrimentally impact the safety, health, or welfare of the community.
(d) If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division.
(e) Objections from the public will be referred to the appropriate governmental jurisdiction for action under subsection (2) of this section. Upon receipt of the objection, the board licensing and regulation division will acknowledge receipt of the objection(s) and forward to the appropriate governmental jurisdiction. Such jurisdiction may or may not, based on the public objection, request nonrenewal.
(2) What will happen if a governmental jurisdiction objects to the renewal of a liquor license? The board will give due consideration to a governmental jurisdiction's objection to a liquor license renewal of a premises in its jurisdiction. Based on the governmental jurisdiction's input and any information in the licensing file, the board will decide to either renew the liquor license, or to pursue nonrenewal.
(a) Board decides to renew the liquor license: | (b) Board decides to pursue nonrenewal of the liquor license: |
(i) The board will notify the governmental jurisdiction(s) in writing of its intent to renew the license, stating the reason for this decision. | (i) The board will notify the licensee in writing of its intent to not renew the license, stating the reason for this decision. |
(ii) The governmental jurisdiction(s) may contest the renewal and request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW) by submitting a written request on a form provided by the board. The request must be received within twenty days of the date the intent to renew notification was mailed. | (ii) The licensee may contest the nonrenewal action and request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW) by submitting a written request on a form provided by the board. The request must be received within twenty days of the date the intent to deny notification was mailed. |
| (iii) If the licensee requests a hearing, the governmental jurisdiction will be notified. |
| (iv) During the hearing and any subsequent appeal process, the licensee is issued a temporary operating permit for the liquor license until a final decision is made. |
[Statutory Authority: RCW
66.08.030. WSR 09-21-048, § 314-09-015, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW
66.08.030 and
66.24.010. WSR 05-07-011, § 314-09-015, filed 3/4/05, effective 4/4/05. Statutory Authority: RCW
66.08.030,
66.24.010,
66.08.150. WSR 01-03-087, § 314-09-015, filed 1/17/01, effective 2/17/01.]