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ENGROSSED HOUSE BILL 1395
_____________________________________________| State of Washington | 58th Legislature | 2003 Regular Session |
By Representatives Sullivan, Bailey, Wood, Chandler and PflugRead first time 01/24/2003. Referred to Committee on Commerce & Labor.
AN ACT Relating to the catering of alcoholic beverages at special
events by nonprofit organizations; and amending RCW 66.24.320,
66.24.420, and 66.24.570.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 66.24.320 and 1998 c 126 s 4 are each amended to read
as follows:
There shall be a beer and/or wine restaurant license to sell beer
or wine, or both, at retail, for consumption on the premises. A patron
of the licensee may remove from the premises, recorked or recapped in
its original container, any portion of wine that was purchased for
consumption with a meal.
(1) The annual fee shall be two hundred dollars for the beer
license, two hundred dollars for the wine license, or four hundred
dollars for a combination beer and wine license.
(2)(a) The board may issue a caterer's endorsement to this license
to allow the licensee to remove from the liquor stocks at the licensed
premises, only those types of liquor that are authorized under the on-
premises license privileges for sale and service at ((special
occasion)) event locations at a specified date and place not currently
licensed by the board. ((The privilege of selling and serving liquor
under the endorsement is limited to members and guests of a society or
organization as defined in RCW 66.24.375.)) If the event is open to
the public, it must be sponsored by a society or organization as
defined by RCW 66.24.375. If attendance at the event is limited to
members or invited guests of the sponsoring individual, society, or
organization, the requirement that the sponsor must be a society or
organization as defined by RCW 66.24.375 is waived. Cost of the
endorsement is three hundred fifty dollars.
(((a))) (b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of
the date, time, place, and location of any catered event. Upon
request, the licensee shall provide to the board all necessary or
requested information concerning the society or organization that will
be holding the function at which the endorsed license will be utilized.
(((b) If attendance at the function will be limited to members and
invited guests of the sponsoring society or organization, the
requirement that the society or organization be within the definition
of RCW 66.24.375 is waived.))
Sec. 2 RCW 66.24.420 and 1998 c 126 s 6 are each amended to read
as follows:
(1) The spirits, beer, and wine restaurant license shall be issued
in accordance with the following schedule of annual fees:
(a) The annual fee for a spirits, beer, and wine restaurant license
shall be graduated according to the dedicated dining area and type of
service provided as follows:
(b) The annual fee for the license when issued to any other
spirits, beer, and wine restaurant licensee outside of incorporated
cities and towns shall be prorated according to the calendar quarters,
or portion thereof, during which the licensee is open for business,
except in case of suspension or revocation of the license.
(c) Where the license shall be issued to any corporation,
association or person operating a bona fide restaurant in an airport
terminal facility providing service to transient passengers with more
than one place where liquor is to be dispensed and sold, such license
shall be issued upon the payment of the annual fee, which shall be a
master license and shall permit such sale within and from one such
place. Such license may be extended to additional places on the
premises at the discretion of the board and a duplicate license may be
issued for each such additional place: PROVIDED, That the holder of a
master license for a restaurant in an airport terminal facility shall
be required to maintain in a substantial manner at least one place on
the premises for preparing, cooking, and serving of complete meals, and
such food service shall be available on request in other licensed
places on the premises: PROVIDED, FURTHER, That an additional license
fee of twenty-five percent of the annual master license fee shall be
required for such duplicate licenses.
(d) Where the license shall be issued to any corporation,
association, or person operating dining places at a publicly or
privately owned civic or convention center with facilities for sports,
entertainment, or conventions, or a combination thereof, with more than
one place where liquor is to be dispensed and sold, such license shall
be issued upon the payment of the annual fee, which shall be a master
license and shall permit such sale within and from one such place.
Such license may be extended to additional places on the premises at
the discretion of the board and a duplicate license may be issued for
each such additional place: PROVIDED, That the holder of a master
license for a dining place at such a publicly or privately owned civic
or convention center shall be required to maintain in a substantial
manner at least one place on the premises for preparing, cooking, and
serving of complete meals, and food service shall be available on
request in other licensed places on the premises: PROVIDED FURTHER,
That an additional license fee of ten dollars shall be required for
such duplicate licenses.
(e) Where the license shall be issued to any corporation,
association or person operating more than one building containing
dining places at privately owned facilities which are open to the
public and where there is a continuity of ownership of all adjacent
property, such license shall be issued upon the payment of an annual
fee
which shall be a master license and shall permit such sale within
and from one such place. Such license may be extended to the
additional dining places on the property or, in the case of a spirits,
beer, and wine restaurant licensed hotel, property owned or controlled
by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for
special events in the same metropolitan area, at the discretion of the
board and a duplicate license may be issued for each additional place:
PROVIDED, That the holder of the master license for the dining place
shall not offer alcoholic beverages for sale, service, and consumption
at the additional place unless food service is available at both the
location of the master license and the duplicate license: PROVIDED
FURTHER, That an additional license fee of twenty dollars shall be
required for such duplicate licenses.
(2) The board, so far as in its judgment is reasonably possible,
shall confine spirits, beer, and wine restaurant licenses to the
business districts of cities and towns and other communities, and not
grant such licenses in residential districts, nor within the immediate
vicinity of schools, without being limited in the administration of
this subsection to any specific distance requirements.
(3) The board shall have discretion to issue spirits, beer, and
wine restaurant licenses outside of cities and towns in the state of
Washington. The purpose of this subsection is to enable the board, in
its discretion, to license in areas outside of cities and towns and
other communities, establishments which are operated and maintained
primarily for the benefit of tourists, vacationers and travelers, and
also golf and country clubs, and common carriers operating dining, club
and buffet cars, or boats.
(4) The total number of spirits, beer, and wine restaurant licenses
issued in the state of Washington by the board, not including spirits,
beer, and wine private club licenses, shall not in the aggregate at any
time exceed one license for each fifteen hundred of population in the
state, determined according to the yearly population determination
developed by the office of financial management pursuant to RCW
43.62.030.
(5) Notwithstanding the provisions of subsection (4) of this
section, the board shall refuse a spirits, beer, and wine restaurant
license to any applicant if in the opinion of the board the spirits,
beer, and wine restaurant licenses already granted for the particular
locality are adequate for the reasonable needs of the community.
(6)(a) The board may issue a caterer's endorsement to this license
to allow the licensee to remove the liquor stocks at the licensed
premises, for use as liquor for sale and service at ((special
occasion)) event locations at a specified date and place not currently
licensed by the board. ((The privilege of selling and serving liquor
under such endorsement is limited to members and guests of a society or
organization as defined in RCW 66.24.375.)) If the event is open to
the public, it must be sponsored by a society or organization as
defined by RCW 66.24.375. If attendance at the event is limited to
members or invited guests of the sponsoring individual, society, or
organization, the requirement that the sponsor must be a society or
organization as defined by RCW 66.24.375 is waived. Cost of the
endorsement is three hundred fifty dollars.
(((a))) (b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of
the date, time, place, and location of any catered event. Upon
request, the licensee shall provide to the board all necessary or
requested information concerning the society or organization that will
be holding the function at which the endorsed license will be utilized.
(((b) If attendance at the function will be limited to members and
invited guests of the sponsoring society or organization, the
requirement that the society or organization be within the definition
of RCW 66.24.375 is waived.))
Sec. 3 RCW 66.24.570 and 2001 c 199 s 5 are each amended to read
as follows:
(1) There is a license for sports entertainment facilities to be
designated as a sports/entertainment facility license to sell beer,
wine, and spirits at retail, for consumption upon the premises only,
the license to be issued to the entity providing food and beverage
service at a sports entertainment facility as defined in this section.
The cost of the license is two thousand five hundred dollars per annum.
(2) For purposes of this section, a sports entertainment facility
includes a publicly or privately owned arena, coliseum, stadium, or
facility where sporting events are presented for a price of admission.
The facility does not have to be exclusively used for sporting events.
(3) The board may impose reasonable requirements upon a licensee
under this section, such as requirements for the availability of food
and victuals including but not limited to hamburgers, sandwiches,
salads, or other snack food. The board may also restrict the type of
events at a sports entertainment facility at which beer, wine, and
spirits may be served. When imposing conditions for a licensee, the
board must consider the seating accommodations, eating facilities, and
circulation patterns in such a facility, and other amenities available
at a sports entertainment facility.
(4)(a) The board may issue a caterer's endorsement to the license
under this section to allow the licensee to remove from the liquor
stocks at the licensed premises, for use as liquor for sale and service
at ((special occasion)) event locations at a specified date and place
not currently licensed by the board. ((The privilege of selling and
serving liquor under the endorsement is limited to members and guests
of a society or organization as defined in RCW 66.24.375.)) If the
event is open to the public, it must be sponsored by a society or
organization as defined by RCW 66.24.375. If attendance at the event
is limited to members or invited guests of the sponsoring individual,
society, or organization, the requirement that the sponsor must be a
society or organization as defined by RCW 66.24.375 is waived. Cost of
the endorsement is three hundred fifty dollars.
(((a))) (b) The holder of this license with catering endorsement
shall, if requested by the board, notify the board or its designee of
the date, time, place, and location of any catered event. Upon
request, the licensee shall provide to the board all necessary or
requested information concerning the society or organization that will
be holding the function at which the endorsed license will be utilized.
(((b) If attendance at the function will be limited to members and
invited guests of the sponsoring society or organization, the
requirement that the society or organization be within the definition
of RCW 66.24.375 is waived.))
(5) The board may issue an endorsement to the beer, wine, and
spirits sports/entertainment facility license that allows the holder of
a beer, wine, and spirits sports/entertainment facility license to sell
for off-premises consumption wine vinted and bottled in the state of
Washington and carrying a label exclusive to the license holder selling
the wine. Spirits and beer may not be sold for off-premises
consumption under this section. The annual fee for the endorsement
under this ((chapter [section])) section is one hundred twenty dollars.
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