Title of Rule and Other Identifying Information: Repealing three rules consistent with the court's decision in Washington Restaurant Association v. Washington State Liquor & Cannabis Board, 448 P.3d 140 (Wash. Ct. App. 2019).

Repealing WAC 314-23-065 What are "unfair trade practices"?, 314-23-080 Are licensed distributors or other licensed suppliers of spirits and wine allowed to provide volume discounts to on-premises or off-premises retail licensees?, and 314-23-085 What types of discounts are not allowed?

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The liquor and cannabis board (board) is proposing to repeal three rules consistent with the decision in Wash. Rest. Ass'n. v. Wash. State Liquor & Cannabis Bd., 448 P.3d 140 (Wash. Ct. App. 2019). The board chose not to appeal this decision.

Reasons Supporting Proposal: The proposed rule repeals are proper because a court of competent jurisdiction determined the rules were invalid and the board chose not to appeal that decision.

Rule is necessary because of state court decision, Wash. Rest. Ass'n. v. Wash. State Liquor & Cannabis Bd., 448 P.3d 140 (Wash. Ct. App. 2019).

Name of Agency Personnel Responsible for Drafting: Daniel Jacobs, Policy and Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, 360-480-1238; Implementation: Becky Smith, Director of Licensing and Regulations, P.O. Box 43080, Olympia, WA 98504, 360-664-1615; and Enforcement: Larry Grant, Director of Enforcement and Education, P.O. Box 43080, Olympia, WA 98504, 360-664-9878.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The court ruled that WAC 314-23-065, 314-23-080, and 314-23-085 exceeded the board's rule-making authority and conflict with RCW 66.28.170. The board chose not to appeal this court decision. Because this court decision is final, the circumstances have changed in that these rules are no longer valid and therefore should be repealed to reduce potential confusion about what is current and valid regulation of alcohol.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Daniel Jacobs, Policy and Rules Coordinator, Washington State Liquor and Cannabis Board, P.O. Box 43080, Olympia, WA 98504, phone 360-480-1238, fax 360-480-7960, email rules@lcb.wa.gov, web lcb.wa.gov, BEGINNING 12:00 p.m., March 18, 2026, AND RECEIVED BY 5:00 p.m., May 5, 2026.

WAC 314-23-065	What are "unfair trade practices"?
WAC 314-23-080	Are licensed distributors or other licensed suppliers of spirits and wine allowed to provide volume discounts to on-premises or off-premises retail licensees?
WAC 314-23-085	What type of discounts are not allowed?