E2SSB 5859 -
By Committee on Commerce & Labor
ADOPTED 04/06/2007
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 66.24.375 and 1997 c 321 s 61 are each amended to
read as follows:
"Society or organization" as used in RCW 66.24.380 means a not-for-profit group organized and operated (1) solely for charitable,
religious, social, political, educational, civic, fraternal, athletic,
or benevolent purposes, or (2) as a local wine industry association
registered under section 501(c)(6) of the internal revenue code as it
exists on the effective date of this section. No portion of the
profits from events sponsored by a not-for-profit group may be paid
directly or indirectly to members, officers, directors, or trustees
except for services performed for the organization. Any compensation
paid to its officers and executives must be only for actual services
and at levels comparable to the compensation for like positions within
the state. A society or organization which is registered with the
secretary of state or the federal internal revenue service as a
nonprofit organization ((may)) shall submit such registration, upon
request, as proof that it is a not-for-profit group.
Sec. 2 RCW 66.28.010 and 2006 c 330 s 28, 2006 c 92 s 1, and 2006
c 43 s 1 are each reenacted and amended to read as follows:
(1)(a) No manufacturer, importer, distributor, or authorized
representative, or person financially interested, directly or
indirectly, in such business; whether resident or nonresident, shall
have any financial interest, direct or indirect, in any licensed retail
business, unless the retail business is owned by a corporation in which
a manufacturer or importer has no direct stock ownership and there are
no interlocking officers and directors, the retail license is held by
a corporation that is not owned directly or indirectly by a
manufacturer or importer, the sales of liquor are incidental to the
primary activity of operating the property as a hotel, alcoholic
beverages produced by the manufacturer or importer or their
subsidiaries are not sold at the licensed premises, and the board
reviews the ownership and proposed method of operation of all involved
entities and determines that there will not be an unacceptable level of
control or undue influence over the operation or the retail licensee;
nor shall any manufacturer, importer, distributor, or authorized
representative own any of the property upon which such licensed persons
conduct their business; nor shall any such licensed person, under any
arrangement whatsoever, conduct his or her business upon property in
which any manufacturer, importer, distributor, or authorized
representative has any interest unless title to that property is owned
by a corporation in which a manufacturer has no direct stock ownership
and there are no interlocking officers or directors, the retail license
is held by a corporation that is not owned directly or indirectly by
the manufacturer, the sales of liquor are incidental to the primary
activity of operating the property either as a hotel or as an
amphitheater offering live musical and similar live entertainment
activities to the public, alcoholic beverages produced by the
manufacturer or any of its subsidiaries are not sold at the licensed
premises, and the board reviews the ownership and proposed method of
operation of all involved entities and determines that there will not
be an unacceptable level of control or undue influence over the
operation of the retail licensee. Except as provided in subsection (3)
of this section, no manufacturer, importer, distributor, or authorized
representative shall advance moneys or moneys' worth to a licensed
person under an arrangement, nor shall such licensed person receive,
under an arrangement, an advance of moneys or moneys' worth. "Person"
as used in this section only shall not include those state or federally
chartered banks, state or federally chartered savings and loan
associations, state or federally chartered mutual savings banks, or
institutional investors which are not controlled directly or indirectly
by a manufacturer, importer, distributor, or authorized representative
as long as the bank, savings and loan association, or institutional
investor does not influence or attempt to influence the purchasing
practices of the retailer with respect to alcoholic beverages. Except
as otherwise provided in this section, no manufacturer, importer,
distributor, or authorized representative shall be eligible to receive
or hold a retail license under this title, nor shall such manufacturer,
importer, distributor, or authorized representative sell at retail any
liquor as herein defined. A corporation granted an exemption under
this subsection may use debt instruments issued in connection with
financing construction or operations of its facilities.
(b) Nothing in this section shall prohibit a licensed domestic
brewery or microbrewery from being licensed as a retailer pursuant to
chapter 66.24 RCW for the purpose of selling beer or wine at retail on
the brewery premises and at one additional off-site retail only
location and nothing in this section shall prohibit a domestic winery
from being licensed as a retailer pursuant to chapter 66.24 RCW for the
purpose of selling beer or wine at retail on the winery premises. Such
beer and wine so sold at retail shall be subject to the taxes imposed
by RCW 66.24.290 and 66.24.210 and to reporting and bonding
requirements as prescribed by regulations adopted by the board pursuant
to chapter 34.05 RCW, and beer and wine that is not produced by the
brewery or winery shall be purchased from a licensed beer or wine
distributor.
(c) Nothing in this section shall prohibit a licensed distiller,
domestic brewery, microbrewery, domestic winery, or a lessee of a
licensed domestic brewer, microbrewery, or domestic winery, from being
licensed as a spirits, beer, and wine restaurant pursuant to chapter
66.24 RCW for the purpose of selling liquor at a spirits, beer, and
wine restaurant premises on the property on which the primary
manufacturing facility of the licensed distiller, domestic brewer,
microbrewery, or domestic winery is located or on contiguous property
owned or leased by the licensed distiller, domestic brewer,
microbrewery, or domestic winery as prescribed by rules adopted by the
board pursuant to chapter 34.05 RCW. This section does not prohibit a
brewery or microbrewery holding a spirits, beer, and wine restaurant
license or a beer and/or wine license under chapter 66.24 RCW operated
on the premises of the brewery or microbrewery from holding a second
retail only license at a location separate from the premises of the
brewery or microbrewery.
(d) Nothing in this section prohibits retail licensees with a
caterer's endorsement issued under RCW 66.24.320 or 66.24.420 from
operating on a domestic winery premises.
(e) Nothing in this section prohibits an organization qualifying
under RCW 66.24.375 formed for the purpose of constructing and
operating a facility to promote Washington wines from holding retail
licenses on the facility property or leasing all or any portion of such
facility property to a retail licensee on the facility property if the
members of the board of directors or officers of the board for the
organization include officers, directors, owners, or employees of a
licensed domestic winery. Financing for the construction of the
facility must include both public and private money.
(f) Nothing in this section prohibits a bona fide charitable
nonprofit society or association registered ((as a)) under section
501(c)(3) ((under)) of the internal revenue code, or a local wine
industry association registered under section 501(c)(6) of the internal
revenue code as it exists on the effective date of this section, and
having an officer, director, owner, or employee of a licensed domestic
winery or a wine certificate of approval holder on its board of
directors from holding a special occasion license under RCW 66.24.380.
(g) Nothing in this section prohibits domestic wineries and
retailers licensed under chapter 66.24 RCW from jointly producing
brochures and materials promoting tourism in Washington state which
contain information regarding retail licensees, domestic wineries, and
their products.
(h) Nothing in this section prohibits domestic wineries and retail
licensees from identifying the wineries on private labels authorized
under RCW 66.24.400, 66.24.425, and 66.24.450.
(i) Until July 1, 2007, nothing in this section prohibits a
nonprofit statewide organization of microbreweries formed for the
purpose of promoting Washington's craft beer industry as a trade
association registered as a 501(c) with the internal revenue service
from holding a special occasion license to conduct up to six beer
festivals.
(2) Financial interest, direct or indirect, as used in this
section, shall include any interest, whether by stock ownership,
mortgage, lien, or through interlocking directors, or otherwise.
Pursuant to rules promulgated by the board in accordance with chapter
34.05 RCW manufacturers, distributors, and importers may perform, and
retailers may accept the service of building, rotating and restocking
case displays and stock room inventories; rotating and rearranging can
and bottle displays of their own products; provide point of sale
material and brand signs; price case goods of their own brands; and
perform such similar normal business services as the board may by
regulation prescribe.
(3)(a) This section does not prohibit a manufacturer, importer, or
distributor from providing services to a special occasion licensee for:
(i) Installation of draft beer dispensing equipment or advertising,
(ii) advertising, pouring, or dispensing of beer or wine at a beer or
wine tasting exhibition or judging event, or (iii) a special occasion
licensee from receiving any such services as may be provided by a
manufacturer, importer, or distributor. Nothing in this section shall
prohibit a retail licensee, or any person financially interested,
directly or indirectly, in such a retail licensee from having a
financial interest, direct or indirect, in a business which provides,
for a compensation commensurate in value to the services provided,
bottling, canning or other services to a manufacturer, so long as the
retail licensee or person interested therein has no direct financial
interest in or control of said manufacturer.
(b) A person holding contractual rights to payment from selling a
liquor distributor's business and transferring the license shall not be
deemed to have a financial interest under this section if the person
(i) lacks any ownership in or control of the distributor, (ii) is not
employed by the distributor, and (iii) does not influence or attempt to
influence liquor purchases by retail liquor licensees from the
distributor.
(c) The board shall adopt such rules as are deemed necessary to
carry out the purposes and provisions of subsection (3)(a) of this
section in accordance with the administrative procedure act, chapter
34.05 RCW.
(4) A license issued under RCW 66.24.395 does not constitute a
retail license for the purposes of this section.
(5) A public house license issued under RCW 66.24.580 does not
violate the provisions of this section as to a retailer having an
interest directly or indirectly in a liquor-licensed manufacturer.
Sec. 3 RCW 66.08.150 and 2003 c 320 s 1 are each amended to read
as follows:
The action, order, or decision of the board as to any denial of an
application for the reissuance of a permit or license or as to any
revocation, suspension, or modification of any permit or license shall
be an adjudicative proceeding and subject to the applicable provisions
of chapter 34.05 RCW.
(1) An opportunity for a hearing may be provided an applicant for
the reissuance of a permit or license prior to the disposition of the
application, and if no such opportunity for a prior hearing is provided
then an opportunity for a hearing to reconsider the application must be
provided the applicant.
(2) An opportunity for a hearing must be provided a permittee or
licensee prior to a revocation or modification of any permit or license
and, except as provided in subsection (4) of this section, prior to the
suspension of any permit or license.
(3) No hearing shall be required until demanded by the applicant,
permittee, or licensee.
(4) The board may summarily suspend a license or permit for a
period of up to one hundred eighty days without a prior hearing if it
finds that public health, safety, or welfare imperatively require
emergency action, and it incorporates a finding to that effect in its
order((; and)). Proceedings for revocation or other action must be
promptly instituted and determined. An administrative law judge may
extend the summary suspension period for up to one calendar year in the
event the proceedings for revocation or other action cannot be
completed during the initial one hundred eighty day period due to
actions by the licensee or permittee. The board's enforcement division
shall complete a preliminary staff investigation of the violation
before requesting an emergency suspension by the board.
Sec. 4 RCW 66.24.244 and 2006 c 302 s 3 and 2006 c 44 s 2 are
each reenacted and amended to read as follows:
(1) There shall be a license for microbreweries; fee to be one
hundred dollars for production of less than sixty thousand barrels of
malt liquor, including strong beer, per year.
(2) Any microbrewery license under this section may also act as a
distributor and/or retailer for beer and strong beer of its own
production. Any microbrewery licensed under this section may act as a
distributor for beer of its own production. Strong beer may not be
sold at a farmers market or under any endorsement which may authorize
microbreweries to sell beer at farmers markets. Any microbrewery
operating as a distributor and/or retailer under this subsection shall
comply with the applicable laws and rules relating to distributors
and/or retailers. A microbrewery holding a spirits, beer, and wine
restaurant license may sell beer of its own production for off-premises
consumption from its restaurant premises in kegs or in a sanitary
container brought to the premises by the purchaser or furnished by the
licensee and filled at the tap by the licensee at the time of sale.
(3) The board may issue a license allowing a microbrewery to
operate a spirits, beer, and wine restaurant under RCW 66.24.420.
(4) The board may issue ((an endorsement to this)) a license
allowing for on-premises consumption of beer, including strong beer,
wine, or both of other manufacture if purchased from a Washington
state-licensed distributor. ((Each endorsement shall cost two hundred
dollars per year, or four hundred dollars per year allowing the sale
and service of both beer and wine.)) The microbrewer ((
(4)obtaining such endorsement)) must
determine, at the time the ((endorsement)) license is issued, whether
the licensed premises will be operated ((either)) as a tavern with
persons under twenty-one years of age not allowed as provided for in
RCW 66.24.330, or as a beer and/or wine restaurant as described in RCW
66.24.320.
(5) If the microbrewery licensee holds a separate license for a
spirits, beer, and wine restaurant or a beer and/or wine restaurant,
operated on the brewery premises, the licensee may hold a second retail
license for a spirits, beer, and wine restaurant or a beer and/or wine
restaurant, at a location separate from the licensed brewery premises.
(6)(a) A microbrewery licensed under this section may apply to the
board for an endorsement to sell bottled beer of its own production at
retail for off-premises consumption at a qualifying farmers market.
The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will sell beer at a
qualifying farmers market, the microbrewery must provide the board or
its designee a list of the dates, times, and locations at which bottled
beer may be offered for sale. This list must be received by the board
before the microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be produced in
Washington.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the microbrewery license for the purpose of this title.
The approved locations under an endorsement granted under this
subsection (((5))) (6) do not constitute the tasting or sampling
privilege of a microbrewery. The microbrewery may not store beer at a
farmers market beyond the hours that the microbrewery offers bottled
beer for sale. The microbrewery may not act as a distributor from a
farmers market location.
(e) Before a microbrewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any microbrewery with an endorsement approved under
this subsection (((5))) (6) to sell bottled beer at retail at the
farmers market. This application shall include, at a minimum: (i) A
map of the farmers market showing all booths, stalls, or other
designated locations at which an approved microbrewery may sell bottled
beer; and (ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee to verify
the locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved microbrewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of the application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (((5))) (6)(e) may be withdrawn by the board for any
violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and any additional rules necessary
to implement this section.
(g) For the purposes of this subsection (((5))) (6):
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
Sec. 5 RCW 66.24.244 and 2006 c 44 s 2 are each amended to read
as follows:
(1) There shall be a license for microbreweries; fee to be one
hundred dollars for production of less than sixty thousand barrels of
malt liquor, including strong beer, per year.
(2) Any microbrewery license under this section may also act as a
distributor and/or retailer for beer and strong beer of its own
production. Strong beer may not be sold at a farmers market or under
any endorsement which may authorize microbreweries to sell beer at
farmers markets. Any microbrewery operating as a distributor and/or
retailer under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers. A microbrewery
holding a spirits, beer, and wine restaurant license may sell beer of
its own production for off-premises consumption from its restaurant
premises in kegs or in a sanitary container brought to the premises by
the purchaser or furnished by the licensee and filled at the tap by the
licensee at the time of sale.
(3) The board may issue a license allowing a microbrewery to
operate a spirits, beer, and wine restaurant under RCW 66.24.420.
(4) The board may issue ((an endorsement to this)) a license
allowing for on-premises consumption of beer, including strong beer,
wine, or both of other manufacture if purchased from a Washington
state-licensed distributor. ((Each endorsement shall cost two hundred
dollars per year, or four hundred dollars per year allowing the sale
and service of both beer and wine.)) The microbrewer ((
(4)obtaining such endorsement)) must
determine, at the time the ((endorsement)) license is issued, whether
the licensed premises will be operated ((either)) as a tavern with
persons under twenty-one years of age not allowed as provided for in
RCW 66.24.330, or as a beer and/or wine restaurant as described in RCW
66.24.320.
(5) If the microbrewery licensee holds a separate license for a
spirits, beer, and wine restaurant or a beer and/or wine restaurant,
operated on the brewery premises, the licensee may hold a second retail
license for a spirits, beer, and wine restaurant or a beer and/or wine
restaurant, at a location separate from the licensed brewery premises.
(6)(a) A microbrewery licensed under this section may apply to the
board for an endorsement to sell bottled beer of its own production at
retail for off-premises consumption at a qualifying farmers market.
The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will sell beer at a
qualifying farmers market, the microbrewery must provide the board or
its designee a list of the dates, times, and locations at which bottled
beer may be offered for sale. This list must be received by the board
before the microbrewery may offer beer for sale at a qualifying farmers
market.
(c) The beer sold at qualifying farmers markets must be produced in
Washington.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the microbrewery license for the purpose of this title.
The approved locations under an endorsement granted under this
subsection (((5))) (6) do not constitute the tasting or sampling
privilege of a microbrewery. The microbrewery may not store beer at a
farmers market beyond the hours that the microbrewery offers bottled
beer for sale. The microbrewery may not act as a distributor from a
farmers market location.
(e) Before a microbrewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any microbrewery with an endorsement approved under
this subsection (((5))) (6) to sell bottled beer at retail at the
farmers market. This application shall include, at a minimum: (i) A
map of the farmers market showing all booths, stalls, or other
designated locations at which an approved microbrewery may sell bottled
beer; and (ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee to verify
the locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved microbrewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of the application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (((5))) (6)(e) may be withdrawn by the board for any
violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and any additional rules necessary
to implement this section.
(g) For the purposes of this subsection (((5))) (6):
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
Sec. 6 RCW 66.24.240 and 2006 c 302 s 2 and 2006 c 44 s 1 are
each reenacted and amended to read as follows:
(1) There shall be a license for domestic breweries; fee to be two
thousand dollars for production of sixty thousand barrels or more of
malt liquor per year.
(2) Any domestic brewery, except for a brand owner of malt
beverages under RCW 66.04.010(6), licensed under this section may also
act as a retailer for beer of its own production. Any domestic brewery
licensed under this section may act as a distributor for beer of its
own production. Any domestic brewery operating as a distributor and/or
retailer under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers. A domestic
brewery holding a spirits, beer, and wine restaurant license may sell
beer of its own production for off-premises consumption from its
restaurant premises in kegs or in a sanitary container brought to the
premises by the purchaser or furnished by the licensee and filled at
the tap by the licensee at the time of sale.
(3) A domestic brewery may hold a retail license under this
chapter. This retail license is separate from the brewery license. A
brewery that holds a spirits, beer, and wine restaurant license or a
beer and/or wine restaurant license shall hold the same privileges and
endorsements as permitted under RCW 66.24.320 and 66.24.420.
(4) If the brewery licensee holds a separate license for a spirits,
beer, and wine restaurant or a beer and/or wine restaurant operated on
the brewery premises, the licensee may hold a second retail license for
a spirits, beer, and wine restaurant or a beer and/or wine restaurant
at a location separate from the brewery premises.
(5) Any domestic brewery licensed under this section may contract-produce beer for a brand owner of malt beverages defined under RCW
66.04.010(6), and this contract-production is not a sale for the
purposes of RCW 66.28.170 and 66.28.180.
(((4))) (6)(a) A domestic brewery licensed under this section and
qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement to sell
bottled beer of its own production at retail for off-premises
consumption at a qualifying farmers market. The annual fee for this
endorsement is seventy-five dollars.
(b) For each month during which a domestic brewery will sell beer
at a qualifying farmers market, the domestic brewery must provide the
board or its designee a list of the dates, times, and locations at
which bottled beer may be offered for sale. This list must be received
by the board before the domestic brewery may offer beer for sale at a
qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be produced in
Washington.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the domestic brewery license for the purpose of this
title. The approved locations under an endorsement granted under this
subsection do not include the tasting or sampling privilege of a
domestic brewery. The domestic brewery may not store beer at a farmers
market beyond the hours that the domestic brewery offers bottled beer
for sale. The domestic brewery may not act as a distributor from a
farmers market location.
(e) Before a domestic brewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any domestic brewery with an endorsement approved
under this subsection to sell bottled beer at retail at the farmers
market. This application shall include, at a minimum: (i) A map of
the farmers market showing all booths, stalls, or other designated
locations at which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee to verify
the locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved domestic brewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of such application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (((4))) (6)(e) may be withdrawn by the board for any
violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and such additional rules as may be
necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
Sec. 7 RCW 66.24.240 and 2006 c 44 s 1 are each amended to read
as follows:
(1) There shall be a license for domestic breweries; fee to be two
thousand dollars for production of sixty thousand barrels or more of
malt liquor per year.
(2) Any domestic brewery, except for a brand owner of malt
beverages under RCW 66.04.010(6), licensed under this section may also
act as a distributor and/or retailer for beer of its own production.
Any domestic brewery operating as a distributor and/or retailer under
this subsection shall comply with the applicable laws and rules
relating to distributors and/or retailers. A domestic brewery holding
a spirits, beer, and wine restaurant license may sell beer of its own
production for off-premises consumption from its restaurant premises in
kegs or in a sanitary container brought to the premises by the
purchaser or furnished by the licensee and filled at the tap by the
licensee at the time of sale.
(3) A domestic brewery may hold a retail license under this
chapter. This retail license is separate from the brewery license. A
brewery that holds a spirits, beer, and wine restaurant license or a
beer and/or wine restaurant license shall hold the same privileges and
endorsements as permitted under RCW 66.24.320 and 66.24.420.
(4) If the brewery licensee holds a separate license for a spirits,
beer, and wine restaurant or a beer and/or wine restaurant operated on
the brewery premises, the licensee may hold a second retail license for
a spirits, beer, and wine restaurant or a beer and/or wine restaurant
at a location separate from the brewery premises.
(5) Any domestic brewery licensed under this section may contract-produce beer for a brand owner of malt beverages defined under RCW
66.04.010(6), and this contract-production is not a sale for the
purposes of RCW 66.28.170 and 66.28.180.
(((4))) (6)(a) A domestic brewery licensed under this section and
qualified for a reduced rate of taxation pursuant to RCW
66.24.290(3)(b) may apply to the board for an endorsement to sell
bottled beer of its own production at retail for off-premises
consumption at a qualifying farmers market. The annual fee for this
endorsement is seventy-five dollars.
(b) For each month during which a domestic brewery will sell beer
at a qualifying farmers market, the domestic brewery must provide the
board or its designee a list of the dates, times, and locations at
which bottled beer may be offered for sale. This list must be received
by the board before the domestic brewery may offer beer for sale at a
qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be produced in
Washington.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the domestic brewery license for the purpose of this
title. The approved locations under an endorsement granted under this
subsection do not include the tasting or sampling privilege of a
domestic brewery. The domestic brewery may not store beer at a farmers
market beyond the hours that the domestic brewery offers bottled beer
for sale. The domestic brewery may not act as a distributor from a
farmers market location.
(e) Before a domestic brewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any domestic brewery with an endorsement approved
under this subsection to sell bottled beer at retail at the farmers
market. This application shall include, at a minimum: (i) A map of
the farmers market showing all booths, stalls, or other designated
locations at which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee to verify
the locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved domestic brewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of such application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (((4))) (6)(e) may be withdrawn by the board for any
violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and such additional rules as may be
necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
Sec. 8 RCW 66.24.420 and 2006 c 101 s 3 and 2006 c 85 s 1 are
each reenacted and 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:
Sec. 9 RCW 66.24.320 and 2006 c 362 s 1 and 2006 c 101 s 2 are
each reenacted and amended to read as follows:
There shall be a beer and/or wine restaurant license to sell beer,
including strong 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 event locations at
a specified date and, except as provided in subsection (3) of this
section, place not currently licensed by the board. 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.
(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.
(c) The holder of this license with a caterer's endorsement may,
under conditions established by the board, store liquor on the premises
of another not licensed by the board so long as there is a written
agreement between the licensee and the other party to provide for
ongoing catering services, the agreement contains no exclusivity
clauses regarding the alcoholic beverages to be served, and the
agreement is filed with the board.
(d) The holder of this license with a caterer's endorsement may,
under conditions established by the board, store liquor on other
premises operated by the licensee so long as the other premises are
owned or controlled by a leasehold interest by that licensee. A
duplicate license may be issued for each additional premises. A
license fee of twenty dollars shall be required for such duplicate
licenses.
(3) Licensees under this section that hold a caterer's endorsement
are allowed to use this endorsement on a domestic winery premises or on
the premises of a passenger vessel and may store liquor at such
premises under conditions established by the board under the following
conditions:
(a) Agreements between the domestic winery or the passenger vessel,
as the case may be, and the retail licensee shall be in writing,
contain no exclusivity clauses regarding the ((alcohol)) alcoholic
beverages to be served, and be filed with the board; and
(b) The domestic winery or passenger vessel, as the case may be,
and the retail licensee shall be separately contracted and compensated
by the persons sponsoring the event for their respective services.
(4) The holder of this license or its manager may furnish beer or
wine to the licensee's employees free of charge as may be required for
use in connection with instruction on beer and wine. The instruction
may include the history, nature, values, and characteristics of beer or
wine, the use of wine lists, and the methods of presenting, serving,
storing, and handling beer or wine. The beer and/or wine licensee must
use the beer or wine it obtains under its license for the sampling as
part of the instruction. The instruction must be given on the premises
of the beer and/or wine licensee.
(5) If the license is issued to a person who contracts with the
Washington state ferry system to provide food and alcohol service on a
designated ferry route, the license shall cover any vessel assigned to
the designated route. A separate license is required for each
designated ferry route.
Sec. 10 RCW 66.04.010 and 2006 c 225 s 1 and 2006 c 101 s 1 are
each reenacted and amended to read as follows:
In this title, unless the context otherwise requires:
(1) "Alcohol" is that substance known as ethyl alcohol, hydrated
oxide of ethyl, or spirit of wine, which is commonly produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substances including all dilutions and mixtures of this
substance. The term "alcohol" does not include alcohol in the
possession of a manufacturer or distiller of alcohol fuel, as described
in RCW 66.12.130, which is intended to be denatured and used as a fuel
for use in motor vehicles, farm implements, and machines or implements
of husbandry.
(2) "Authorized representative" means a person who:
(a) Is required to have a federal basic permit issued pursuant to
the federal alcohol administration act, 27 U.S.C. Sec. 204;
(b) Has its business located in the United States outside of the
state of Washington;
(c) Acquires ownership of beer or wine for transportation into and
resale in the state of Washington; and which beer or wine is produced
anywhere outside Washington by a brewery or winery which does not hold
a certificate of approval issued by the board; and
(d) Is appointed by the brewery or winery referenced in (c) of this
subsection as its exclusive authorized representative for marketing and
selling its products within the United States in accordance with a
written agreement between the authorized representative and such
brewery or winery pursuant to this title. The board may waive the
requirement for the written agreement of exclusivity in situations
consistent with the normal marketing practices of certain products,
such as classified growths.
(3) "Beer" means any malt beverage, flavored malt beverage, or malt
liquor as these terms are defined in this chapter.
(4) "Beer distributor" means a person who buys beer from a domestic
brewery, microbrewery, beer certificate of approval holder, or beer
importers, or who acquires foreign produced beer from a source outside
of the United States, for the purpose of selling the same pursuant to
this title, or who represents such brewer or brewery as agent.
(5) "Beer importer" means a person or business within Washington
who purchases beer from a beer certificate of approval holder or who
acquires foreign produced beer from a source outside of the United
States for the purpose of selling the same pursuant to this title.
(6) "Brewer" or "brewery" means any person engaged in the business
of manufacturing beer and malt liquor. Brewer includes a brand owner
of malt beverages who holds a brewer's notice with the federal bureau
of alcohol, tobacco, and firearms at a location outside the state and
whose malt beverage is contract-produced by a licensed in-state
brewery, and who may exercise within the state, under a domestic
brewery license, only the privileges of storing, selling to licensed
beer distributors, and exporting beer from the state.
(7) "Board" means the liquor control board, constituted under this
title.
(8) "Club" means an organization of persons, incorporated or
unincorporated, operated solely for fraternal, benevolent, educational,
athletic or social purposes, and not for pecuniary gain.
(9) "Consume" includes the putting of liquor to any use, whether by
drinking or otherwise.
(10) "Contract liquor store" means a business that sells liquor on
behalf of the board through a contract with a contract liquor store
manager.
(11) "Dentist" means a practitioner of dentistry duly and regularly
licensed and engaged in the practice of his profession within the state
pursuant to chapter 18.32 RCW.
(12) "Distiller" means a person engaged in the business of
distilling spirits.
(13) "Domestic brewery" means a place where beer and malt liquor
are manufactured or produced by a brewer within the state.
(14) "Domestic winery" means a place where wines are manufactured
or produced within the state of Washington.
(15) "Druggist" means any person who holds a valid certificate and
is a registered pharmacist and is duly and regularly engaged in
carrying on the business of pharmaceutical chemistry pursuant to
chapter 18.64 RCW.
(16) "Drug store" means a place whose principal business is, the
sale of drugs, medicines and pharmaceutical preparations and maintains
a regular prescription department and employs a registered pharmacist
during all hours the drug store is open.
(17) "Employee" means any person employed by the board.
(18) "Flavored malt beverage" means:
(a) A malt beverage containing six percent or less alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than forty-nine
percent of the beverage's overall alcohol content; or
(b) A malt beverage containing more than six percent alcohol by
volume to which flavoring or other added nonbeverage ingredients are
added that contain distilled spirits of not more than one and one-half
percent of the beverage's overall alcohol content.
(19) "Fund" means 'liquor revolving fund.'
(20) "Hotel" means ((every building or other structure)) buildings,
structures, and grounds, having facilities for preparing, cooking, and
serving food, that are kept, used, maintained, advertised, or held out
to the public to be a place where food is served and sleeping
accommodations are offered for pay to transient guests, in which twenty
or more rooms are used for the sleeping accommodation of such transient
guests ((and having one or more dining rooms where meals are served to
such transient guests, such sleeping accommodations and dining rooms
being conducted in the same building and buildings, in connection
therewith, and such structure or structures being provided, in the
judgment of the board, with adequate and sanitary kitchen and dining
room equipment and capacity, for preparing, cooking and serving
suitable food for its guests: PROVIDED FURTHER, That in cities and
towns of less than five thousand population, the board shall have
authority to waive the provisions requiring twenty or more rooms)).
The buildings, structures, and grounds must be located on adjacent
property either owned or leased by the same person or persons.
(21) "Importer" means a person who buys distilled spirits from a
distillery outside the state of Washington and imports such spirituous
liquor into the state for sale to the board or for export.
(22) "Imprisonment" means confinement in the county jail.
(23) "Liquor" includes the four varieties of liquor herein defined
(alcohol, spirits, wine and beer), and all fermented, spirituous,
vinous, or malt liquor, or combinations thereof, and mixed liquor, a
part of which is fermented, spirituous, vinous or malt liquor, or
otherwise intoxicating; and every liquid or solid or semisolid or other
substance, patented or not, containing alcohol, spirits, wine or beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of alcohol by
weight shall be conclusively deemed to be intoxicating. Liquor does
not include confections or food products that contain one percent or
less of alcohol by weight.
(24) "Manufacturer" means a person engaged in the preparation of
liquor for sale, in any form whatsoever.
(25) "Malt beverage" or "malt liquor" means any beverage such as
beer, ale, lager beer, stout, and porter obtained by the alcoholic
fermentation of an infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain or cereal in pure
water containing not more than eight percent of alcohol by weight, and
not less than one-half of one percent of alcohol by volume. For the
purposes of this title, any such beverage containing more than eight
percent of alcohol by weight shall be referred to as "strong beer."
(26) "Package" means any container or receptacle used for holding
liquor.
(27) "Passenger vessel" means any boat, ship, vessel, barge, or
other floating craft of any kind carrying passengers for compensation.
(28) "Permit" means a permit for the purchase of liquor under this
title.
(29) "Person" means an individual, copartnership, association, or
corporation.
(30) "Physician" means a medical practitioner duly and regularly
licensed and engaged in the practice of his profession within the state
pursuant to chapter 18.71 RCW.
(31) "Prescription" means a memorandum signed by a physician and
given by him to a patient for the obtaining of liquor pursuant to this
title for medicinal purposes.
(32) "Public place" includes streets and alleys of incorporated
cities and towns; state or county or township highways or roads;
buildings and grounds used for school purposes; public dance halls and
grounds adjacent thereto; those parts of establishments where beer may
be sold under this title, soft drink establishments, public buildings,
public meeting halls, lobbies, halls and dining rooms of hotels,
restaurants, theatres, stores, garages and filling stations which are
open to and are generally used by the public and to which the public is
permitted to have unrestricted access; railroad trains, stages, and
other public conveyances of all kinds and character, and the depots and
waiting rooms used in conjunction therewith which are open to
unrestricted use and access by the public; publicly owned bathing
beaches, parks, and/or playgrounds; and all other places of like or
similar nature to which the general public has unrestricted right of
access, and which are generally used by the public.
(33) "Regulations" means regulations made by the board under the
powers conferred by this title.
(34) "Restaurant" means any establishment provided with special
space and accommodations where, in consideration of payment, food,
without lodgings, is habitually furnished to the public, not including
drug stores and soda fountains.
(35) "Sale" and "sell" include exchange, barter, and traffic; and
also include the selling or supplying or distributing, by any means
whatsoever, of liquor, or of any liquid known or described as beer or
by any name whatever commonly used to describe malt or brewed liquor or
of wine, by any person to any person; and also include a sale or
selling within the state to a foreign consignee or his agent in the
state. "Sale" and "sell" shall not include the giving, at no charge,
of a reasonable amount of liquor by a person not licensed by the board
to a person not licensed by the board, for personal use only. "Sale"
and "sell" also does not include a raffle authorized under RCW
9.46.0315: PROVIDED, That the nonprofit organization conducting the
raffle has obtained the appropriate permit from the board.
(36) "Soda fountain" means a place especially equipped with
apparatus for the purpose of dispensing soft drinks, whether mixed or
otherwise.
(37) "Spirits" means any beverage which contains alcohol obtained
by distillation, except flavored malt beverages, but including wines
exceeding twenty-four percent of alcohol by volume.
(38) "Store" means a state liquor store established under this
title.
(39) "Tavern" means any establishment with special space and
accommodation for sale by the glass and for consumption on the
premises, of beer, as herein defined.
(40) "Winery" means a business conducted by any person for the
manufacture of wine for sale, other than a domestic winery.
(41)(a) "Wine" means any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, et cetera) or other
agricultural product containing sugar, to which any saccharine
substances may have been added before, during or after fermentation,
and containing not more than twenty-four percent of alcohol by volume,
including sweet wines fortified with wine spirits, such as port,
sherry, muscatel and angelica, not exceeding twenty-four percent of
alcohol by volume and not less than one-half of one percent of alcohol
by volume. For purposes of this title, any beverage containing no more
than fourteen percent of alcohol by volume when bottled or packaged by
the manufacturer shall be referred to as "table wine," and any beverage
containing alcohol in an amount more than fourteen percent by volume
when bottled or packaged by the manufacturer shall be referred to as
"fortified wine." However, "fortified wine" shall not include: (i)
Wines that are both sealed or capped by cork closure and aged two years
or more; and (ii) wines that contain more than fourteen percent alcohol
by volume solely as a result of the natural fermentation process and
that have not been produced with the addition of wine spirits, brandy,
or alcohol.
(b) This subsection shall not be interpreted to require that any
wine be labeled with the designation "table wine" or "fortified wine."
(42) "Wine distributor" means a person who buys wine from a
domestic winery, wine certificate of approval holder, or wine importer,
or who acquires foreign produced wine from a source outside of the
United States, for the purpose of selling the same not in violation of
this title, or who represents such vintner or winery as agent.
(43) "Wine importer" means a person or business within Washington
who purchases wine from a wine certificate of approval holder or who
acquires foreign produced wine from a source outside of the United
States for the purpose of selling the same pursuant to this title.
NEW SECTION. Sec. 11 A new section is added to chapter 66.24 RCW
to read as follows:
(1) There shall be a retailer's license to be designated as a hotel
license. No license may be issued to a hotel offering rooms to its
guests on an hourly basis. Food service provided for room service,
banquets or conferences, or restaurant operation under this license
shall meet the requirements of rules adopted by the board.
(2) The hotel license authorizes the licensee to:
(a) Sell spiritous liquor, beer, and wine, by the individual glass,
at retail, for consumption on the premises, including mixed drinks and
cocktails compounded and mixed on the premises, at dining places in the
hotel.
(b) Sell, at retail, from locked honor bars, in individual units,
spirits not to exceed fifty milliliters, beer in individual units not
to exceed twelve ounces, and wine in individual bottles not to exceed
three hundred eighty-five milliliters, to registered guests of the
hotel for consumption in guest rooms. The licensee shall require proof
of age from the guest renting a guest room and requesting the use of an
honor bar. The guest shall also execute an affidavit verifying that no
one under twenty-one years of age shall have access to the spirits,
beer, and wine in the honor bar;
(c) Provide without additional charge, to overnight guests,
spirits, beer, and wine by the individual serving for on-premises
consumption at a specified regular date, time, and place as may be
fixed by the board. Self-service by attendees is prohibited;
(d) Sell beer, including strong beer, wine, or spirits, in the
manufacturer's sealed container or by the individual drink to guests
through room service, or through service to occupants of private
residential units;
(e) Sell beer, including strong beer, or wine, in the
manufacturer's sealed container at retail sales locations within the
hotel premises;
(f) Sell for on or off-premises consumption, including through room
service and service to occupants of private residential units managed
by the hotel, wine carrying a label exclusive to the hotel license
holder;
(g) Place in guest rooms at check-in, a complimentary bottle of
beer, including strong beer, or wine in a manufacturer-sealed
container, and make a reference to this service in promotional
material.
(3) If all or any facilities for alcoholic beverage service and the
preparation, cooking, and serving of food are operated under contract
or joint venture agreement, the operator may hold a license separate
from the license held by the operator of the hotel. Food and beverage
inventory used in separate licensed operations at the hotel may not be
shared and shall be separately owned and stored by the separate
licensees.
(4) All spirits to be sold under this license must be purchased
from the board.
(5) All on-premise alcoholic beverage service must be done by an
alcohol server as defined in RCW 66.20.300 and must comply with RCW
66.20.310.
(6)(a) The hotel license allows the licensee to remove from the
liquor stocks at the licensed premises, liquor for sale and service at
event locations at a specified date and place not currently licensed by
the board. 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.
(b) The holder of this license shall, if requested by the board,
notify the board or its designee of the date, time, place, and location
of any 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.
(c) Licensees may cater events on a domestic winery premises.
(7) The holder of this license or its manager may furnish spirits,
beer, or wine to the licensee's employees who are twenty-one years of
age or older free of charge as may be required for use in connection
with instruction on spirits, beer, and wine. The instruction may
include the history, nature, values, and characteristics of spirits,
beer, or wine, the use of wine lists, and the methods of presenting,
serving, storing, and handling spirits, beer, or wine. The licensee
must use the beer or wine it obtains under its license for the sampling
as part of the instruction. The instruction must be given on the
premises of the licensee.
(8) Minors may be allowed in all areas of the hotel where alcohol
may be consumed; however, the consumption must be incidental to the
primary use of the area. These areas include, but are not limited to,
tennis courts, hotel lobbies, and swimming pool areas. If an area is
not a mixed use area, and is primarily used for alcohol service, the
area must be designated and restricted to access by minors.
(9) The annual fee for this license is two thousand dollars.
(10) As used in this section, "hotel," "spirits," "beer," and
"wine" have the meanings defined in RCW 66.24.410 and 66.04.010.
Sec. 12 RCW 66.44.310 and 1998 c 126 s 14 are each amended to
read as follows:
(1) Except as otherwise provided by RCW 66.44.316 ((and)),
66.44.350, and section 11 of this act, it shall be a misdemeanor:
(a) To serve or allow to remain in any area classified by the board
as off-limits to any person under the age of twenty-one years;
(b) For any person under the age of twenty-one years to enter or
remain in any area classified as off-limits to such a person, but
persons under twenty-one years of age may pass through a restricted
area in a facility holding a spirits, beer, and wine private club
license;
(c) For any person under the age of twenty-one years to represent
his or her age as being twenty-one or more years for the purpose of
purchasing liquor or securing admission to, or remaining in any area
classified by the board as off-limits to such a person.
(2) The Washington state liquor control board shall have the power
and it shall be its duty to classify licensed premises or portions of
licensed premises as off-limits to persons under the age of twenty-one
years of age.
Sec. 13 RCW 66.24.400 and 2005 c 152 s 2 are each amended to read
as follows:
(1) There shall be a retailer's license, to be known and designated
as a spirits, beer, and wine restaurant license, to sell spirituous
liquor by the individual glass, beer, and wine, at retail, for
consumption on the premises, including mixed drinks and cocktails
compounded or mixed on the premises only((: PROVIDED, That a hotel,
or)). A club licensed under chapter 70.62 RCW with overnight sleeping
accommodations, that is licensed under this section may sell liquor by
the bottle to registered guests of the ((hotel or)) club for
consumption in guest rooms, hospitality rooms, or at banquets in the
((hotel or)) club((: PROVIDED FURTHER, That)). A patron of a bona
fide ((hotel,)) restaurant((,)) or club licensed under this section may
remove from the premises recorked or recapped in its original container
any portion of wine which was purchased for consumption with a meal,
and registered guests who have purchased liquor from the ((hotel or))
club by the bottle may remove from the premises any unused portion of
such liquor in its original container. Such license may be issued only
to bona fide restaurants((, hotels)) and clubs, and to dining, club and
buffet cars on passenger trains, and to dining places on passenger
boats and airplanes, and to dining places at civic centers with
facilities for sports, entertainment, and conventions, and to such
other establishments operated and maintained primarily for the benefit
of tourists, vacationers and travelers as the board shall determine are
qualified to have, and in the discretion of the board should have, a
spirits, beer, and wine restaurant license under the provisions and
limitations of this title.
(2) The board may issue an endorsement to the spirits, beer, and
wine restaurant license that allows the holder of a spirits, beer, and
wine restaurant 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 subsection is one hundred
twenty dollars.
(3) The holder of a spirits, beer, and wine license or its manager
may furnish beer, wine, or spirituous liquor to the licensee's
employees free of charge as may be required for use in connection with
instruction on beer, wine, or spirituous liquor. The instruction may
include the history, nature, values, and characteristics of beer, wine,
or spirituous liquor, the use of wine lists, and the methods of
presenting, serving, storing, and handling beer, wine, and spirituous
liquor. The spirits, beer, and wine restaurant licensee must use the
beer, wine, or spirituous liquor it obtains under its license for the
sampling as part of the instruction. The instruction must be given on
the premises of the spirits, beer, and wine restaurant licensee.
Sec. 14 RCW 66.08.180 and 2000 c 192 s 1 are each amended to read
as follows:
Except as provided in RCW 66.24.290(1), moneys in the liquor
revolving fund shall be distributed by the board at least once every
three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210:
PROVIDED, That the board shall reserve from distribution such amount
not exceeding five hundred thousand dollars as may be necessary for the
proper administration of this title.
(1) All license fees, penalties and forfeitures derived under
chapter 13, Laws of 1935 from spirits, beer, and wine restaurant;
spirits, beer, and wine private club; hotel; and sports entertainment
facility licenses or spirits, beer, and wine restaurant; spirits, beer,
and wine private club; and sports entertainment facility licensees
shall every three months be disbursed by the board as follows:
(a) Three hundred thousand dollars per biennium, to the death
investigations account for the state toxicology program pursuant to RCW
68.50.107; and
(b) Of the remaining funds:
(i) 6.06 percent to the University of Washington and 4.04 percent
to Washington State University for alcoholism and drug abuse research
and for the dissemination of such research; and
(ii) 89.9 percent to the general fund to be used by the department
of social and health services solely to carry out the purposes of RCW
70.96A.050;
(2) The first fifty-five dollars per license fee provided in RCW
66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand
dollars annually shall be disbursed every three months by the board to
the general fund to be used for juvenile alcohol and drug prevention
programs for kindergarten through third grade to be administered by the
superintendent of public instruction;
(3) Twenty percent of the remaining total amount derived from
license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.350, and
66.24.360, shall be transferred to the general fund to be used by the
department of social and health services solely to carry out the
purposes of RCW 70.96A.050; and
(4) One-fourth cent per liter of the tax imposed by RCW 66.24.210
shall every three months be disbursed by the board to Washington State
University solely for wine and wine grape research, extension programs
related to wine and wine grape research, and resident instruction in
both wine grape production and the processing aspects of the wine
industry in accordance with RCW 28B.30.068. The director of financial
management shall prescribe suitable accounting procedures to ensure
that the funds transferred to the general fund to be used by the
department of social and health services and appropriated are
separately accounted for.
Sec. 15 RCW 66.08.220 and 1999 c 281 s 2 are each amended to read
as follows:
The board shall set aside in a separate account in the liquor
revolving fund an amount equal to ten percent of its gross sales of
liquor to spirits, beer, and wine restaurant; spirits, beer, and wine
private club; hotel; and sports entertainment facility licensees
collected from these licensees pursuant to the provisions of RCW
82.08.150, less the fifteen percent discount provided for in RCW
66.24.440; and the moneys in said separate account shall be distributed
in accordance with the provisions of RCW 66.08.190, 66.08.200 and
66.08.210((: PROVIDED, HOWEVER, That)). No election unit in which the
sale of liquor under spirits, beer, and wine restaurant; spirits, beer,
and wine private club; and sports entertainment facility licenses is
unlawful shall be entitled to share in the distribution of moneys from
such separate account.
Sec. 16 RCW 66.20.010 and 1998 c 126 s 1 are each amended to read
as follows:
Upon application in the prescribed form being made to any employee
authorized by the board to issue permits, accompanied by payment of the
prescribed fee, and upon the employee being satisfied that the
applicant should be granted a permit under this title, the employee
shall issue to the applicant under such regulations and at such fee as
may be prescribed by the board a permit of the class applied for, as
follows:
(1) Where the application is for a special permit by a physician or
dentist, or by any person in charge of an institution regularly
conducted as a hospital or sanitorium for the care of persons in ill
health, or as a home devoted exclusively to the care of aged people, a
special liquor purchase permit;
(2) Where the application is for a special permit by a person
engaged within the state in mechanical or manufacturing business or in
scientific pursuits requiring alcohol for use therein, or by any
private individual, a special permit to purchase alcohol for the
purpose named in the permit;
(3) Where the application is for a special permit to consume liquor
at a banquet, at a specified date and place, a special permit to
purchase liquor for consumption at such banquet, to such applicants as
may be fixed by the board;
(4) Where the application is for a special permit to consume liquor
on the premises of a business not licensed under this title, a special
permit to purchase liquor for consumption thereon for such periods of
time and to such applicants as may be fixed by the board;
(5) Where the application is for a special permit by a manufacturer
to import or purchase within the state alcohol, malt, and other
materials containing alcohol to be used in the manufacture of liquor,
or other products, a special permit;
(6) Where the application is for a special permit by a person
operating a drug store to purchase liquor at retail prices only, to be
thereafter sold by such person on the prescription of a physician, a
special liquor purchase permit;
(7) Where the application is for a special permit by an authorized
representative of a military installation operated by or for any of the
armed forces within the geographical boundaries of the state of
Washington, a special permit to purchase liquor for use on such
military installation at prices to be fixed by the board;
(8) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
serve liquor without charge to delegates and guests at a convention of
a trade association composed of licensees of the board, when the said
liquor is served in a hospitality room or from a booth in a board-approved suppliers' display room at the convention, and when the liquor
so served is for consumption in the said hospitality room or display
room during the convention, anything in Title 66 RCW to the contrary
notwithstanding. Any such spirituous liquor shall be purchased from
the board or a spirits, beer, and wine restaurant licensee and any such
beer and wine shall be subject to the taxes imposed by RCW 66.24.290
and 66.24.210;
(9) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
donate liquor for a reception, breakfast, luncheon, or dinner for
delegates and guests at a convention of a trade association composed of
licensees of the board, when the liquor so donated is for consumption
at the said reception, breakfast, luncheon, or dinner during the
convention, anything in Title 66 RCW to the contrary notwithstanding.
Any such spirituous liquor shall be purchased from the board or a
spirits, beer, and wine restaurant licensee and any such beer and wine
shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210;
(10) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
donate and/or serve liquor without charge to delegates and guests at an
international trade fair, show, or exposition held under the auspices
of a federal, state, or local governmental entity or organized and
promoted by a nonprofit organization, anything in Title 66 RCW to the
contrary notwithstanding. Any such spirituous liquor shall be
purchased from the board and any such beer or wine shall be subject to
the taxes imposed by RCW 66.24.290 and 66.24.210;
(11) Where the application is for an annual special permit by a
person operating a bed and breakfast lodging facility to donate or
serve wine or beer without charge to overnight guests of the facility
if the wine or beer is for consumption on the premises of the facility.
"Bed and breakfast lodging facility," as used in this subsection, means
a ((hotel or similar)) facility offering from one to eight lodging
units and breakfast to travelers and guests.
Sec. 17 RCW 66.20.310 and 1997 c 321 s 45 are each amended to
read as follows:
(1)(a) There shall be an alcohol server permit, known as a class 12
permit, for a manager or bartender selling or mixing alcohol, spirits,
wines, or beer for consumption at an on-premises licensed facility.
(b) There shall be an alcohol server permit, known as a class 13
permit, for a person who only serves alcohol, spirits, wines, or beer
for consumption at an on-premises licensed facility.
(c) As provided by rule by the board, a class 13 permit holder may
be allowed to act as a bartender without holding a class 12 permit.
(2)(a) Effective January 1, 1997, except as provided in (d) of this
subsection, every person employed, under contract or otherwise, by an
annual retail liquor licensee holding a license as authorized by RCW
66.24.320, 66.24.330, 66.24.350, 66.24.400, 66.24.425, 66.24.450,
section 11 of this act, or 66.24.570, who as part of his or her
employment participates in any manner in the sale or service of
alcoholic beverages shall have issued to them a class 12 or class 13
permit.
(b) Every class 12 and class 13 permit issued shall be issued in
the name of the applicant and no other person may use the permit of
another permit holder. The holder shall present the permit upon
request to inspection by a representative of the board or a peace
officer. The class 12 or class 13 permit shall be valid for employment
at any retail licensed premises described in (a) of this subsection.
(c) No licensee described in (a) of this subsection, except as
provided in (d) of this subsection, may employ or accept the services
of any person without the person first having a valid class 12 or class
13 permit.
(d) Within sixty days of initial employment, every person whose
duties include the compounding, sale, service, or handling of liquor
shall have a class 12 or class 13 permit.
(e) No person may perform duties that include the sale or service
of alcoholic beverages on a retail licensed premises without possessing
a valid alcohol server permit.
(3) A permit issued by a training entity under this section is
valid for employment at any retail licensed premises described in
subsection (2)(a) of this section for a period of five years unless
suspended by the board.
(4) The board may suspend or revoke an existing permit if any of
the following occur:
(a) The applicant or permittee has been convicted of violating any
of the state or local intoxicating liquor laws of this state or has
been convicted at any time of a felony; or
(b) The permittee has performed or permitted any act that
constitutes a violation of this title or of any rule of the board.
(5) The suspension or revocation of a permit under this section
does not relieve a licensee from responsibility for any act of the
employee or agent while employed upon the retail licensed premises.
The board may, as appropriate, revoke or suspend either the permit of
the employee who committed the violation or the license of the licensee
upon whose premises the violation occurred, or both the permit and the
license.
(6)(a) After January 1, 1997, it is a violation of this title for
any retail licensee or agent of a retail licensee as described in
subsection (2)(a) of this section to employ in the sale or service of
alcoholic beverages, any person who does not have a valid alcohol
server permit or whose permit has been revoked, suspended, or denied.
(b) It is a violation of this title for a person whose alcohol
server permit has been denied, suspended, or revoked to accept
employment in the sale or service of alcoholic beverages.
(7) Grocery stores licensed under RCW 66.24.360, the primary
commercial activity of which is the sale of grocery products and for
which the sale and service of beer and wine for on-premises consumption
with food is incidental to the primary business, and employees of such
establishments, are exempt from RCW 66.20.300 through 66.20.350.
Sec. 18 RCW 66.24.410 and 1983 c 3 s 164 are each amended to read
as follows:
(1) "Spirituous liquor," as used in RCW 66.24.400 to 66.24.450,
inclusive, means "liquor" as defined in RCW 66.04.010, except "wine"
and "beer" sold as such.
(2) "Restaurant" as used in RCW 66.24.400 to 66.24.450, inclusive,
means an establishment provided with special space and accommodations
where, in consideration of payment, food, without lodgings, is
habitually furnished to the public, not including drug stores and soda
fountains: PROVIDED, That such establishments shall be approved by the
board and that the board shall be satisfied that such establishment is
maintained in a substantial manner as a place for preparing, cooking
and serving of complete meals. The service of only fry orders or such
food and victuals as sandwiches, hamburgers, or salads shall not be
deemed in compliance with this definition.
(3) "Hotel," "clubs," "wine" and "beer" are used in RCW 66.24.400
to 66.24.450, inclusive, with the meaning given in chapter 66.04 RCW((:
PROVIDED, That any such hotel shall be provided with special space and
accommodations where, in consideration of payment, food is habitually
furnished to the public: PROVIDED FURTHER, That the board shall be
satisfied that such hotel is maintained in a substantial manner as a
place for preparing, cooking and serving of complete meals. The
service of only fry orders, sandwiches, hamburgers, or salads shall not
be deemed in compliance with this definition)).
Sec. 19 RCW 66.24.420 and 2006 c 101 s 3 and 2006 c 85 s 1 are
each reenacted and 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:
Sec. 20 RCW 66.24.440 and 1998 c 126 s 8 are each amended to read
as follows:
Each spirits, beer, and wine restaurant, spirits, beer, and wine
private club, hotel, and sports entertainment facility licensee shall
be entitled to purchase any spirituous liquor items salable under such
license from the board at a discount of not less than fifteen percent
from the retail price fixed by the board, together with all taxes.
NEW SECTION. Sec. 21 Sections 4 and 6 of this act expire June
30, 2008.
NEW SECTION. Sec. 22 Sections 5 and 7 of this act take effect
June 30, 2008.
NEW SECTION. Sec. 23 Sections 10 through 20 of this act take
effect July 1, 2008."