| Passed by the Senate March 16, 2003 YEAS 47 ________________________________________ President of the Senate Passed by the House April 8, 2003 YEAS 95 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5994 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/27/2003. Referred to Committee on Commerce & Trade.
AN ACT Relating to removing suppliers and distributors of wine from the provisions of chapter 19.126 RCW; amending RCW 19.126.010 and 19.126.020; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.126.010 and 1984 c 169 s 1 are each amended to read
as follows:
(1) The legislature recognizes that both suppliers and wholesale
distributors of malt beverages ((and wine)) are interested in the goal
of best serving the public interest through the fair, efficient, and
competitive distribution of such beverages. The legislature encourages
them to achieve this goal by:
(a) Assuring the wholesale distributor's freedom to manage the
business enterprise, including the wholesale distributor's right to
independently establish its selling prices; and
(b) Assuring the supplier and the public of service from wholesale
distributors who will devote their best competitive efforts and
resources to sales and distribution of the supplier's products which
the wholesale distributor has been granted the right to sell and
distribute.
(2) This chapter governs the relationship between suppliers of malt
beverages ((and wine)) and their wholesale distributors to the full
extent consistent with the Constitution and laws of this state and of
the United States.
Sec. 2 RCW 19.126.020 and 1997 c 321 s 41 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract, agreement,
commercial relationship, license, association, or any other
arrangement, for a definite or indefinite period, between a supplier
and distributor.
(2) "Distributor" means any person, including but not limited to a
component of a supplier's distribution system constituted as an
independent business, importing or causing to be imported into this
state, or purchasing or causing to be purchased within this state, any
malt beverage ((or wine)) for sale or resale to retailers licensed
under the laws of this state, regardless of whether the business of
such person is conducted under the terms of any agreement with a malt
beverage ((or wine)) manufacturer.
(3) "Supplier" means any malt beverage ((or wine)) manufacturer or
importer who enters into or is a party to any agreement of
distributorship with a wholesale distributor. "Supplier" does not
include: (a) ((Any domestic winery licensed pursuant to RCW 66.24.170;
(b) any winery or manufacturer of wine producing less than three
hundred thousand gallons of wine annually and holding a certificate of
approval issued pursuant to RCW 66.24.206; (c))) Any domestic brewer or
microbrewer licensed under RCW 66.24.240 and producing less than fifty
thousand barrels of malt liquor annually; or (((d))) (b) any brewer or
manufacturer of malt liquor producing less than fifty thousand barrels
of malt liquor annually and holding a certificate of approval issued
under RCW 66.24.270.
(4) "Malt beverage manufacturer" means every brewer, fermenter,
processor, bottler, or packager of malt beverages located within or
outside this state, or any other person, whether located within or
outside this state, who enters into an agreement of distributorship for
the resale of malt beverages in this state with any wholesale
distributor doing business in the state of Washington.
(5) (("Wine manufacturer" means every winery, processor, bottler,
or packager of wine located within or outside this state, or any other
person, whether located within or outside this state who enters into an
agreement of distributorship for the resale of wine in this state with
any wine wholesale distributor doing business in the state of
Washington.)) "Importer" means any distributor importing beer ((
(6)or wine))
into this state for sale to retailer accounts or for sale to other
wholesalers designated as "subjobbers" for resale.
(((7))) (6) "Person" means any natural person, corporation,
partnership, trust, agency, or other entity, as well as any individual
officers, directors, or other persons in active control of the
activities of such entity.
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 takes effect
immediately.