BILL REQ. #: S-1373.2
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SENATE BILL 5838
_____________________________________________| State of Washington | 60th Legislature | 2007 Regular Session |
By Senators Kohl-Welles, Clements and DelvinRead first time 02/02/2007. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to spirits, beer, and wine restaurant licenses; and
reenacting and amending RCW 66.24.420 and 66.24.320.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 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:
(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. The holder of a master license
for a restaurant in an airport terminal facility must 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. 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. The holder of a master license for a
dining place at such a publicly or privately owned civic or convention
center must 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. 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.
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. 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 one thousand four hundred fifty 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 event locations at
a specified date and, except as provided in subsection (7) 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 a 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 catering endorsement may,
under conditions established by the board, store liquor on the premises
of another 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 catering endorsement may,
under conditions established by the board, store liquor on other
premises so long as the premises is 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.
(7) 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 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.
Sec. 2 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 catering endorsement may
store liquor on the premises of another licensee 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.
(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.
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