SSB 5788 -
By Senator Sheldon
WITHDRAWN 03/07/2011
On page 1, after line 8, insert the following:
NEW SECTION. Sec. 101 The legislature intends for privatization
of retail and distribution of liquor to result in a system that is more
efficient than public sector retail and distribution. The legislature
finds that the present system of state control includes a markup amount
at distribution that generates revenue for the state and local
governments, and that this markup will be eliminated when liquor sales
and distribution are privatized. The legislature further intends that
the privatization of liquor sales and distribution not result in
revenue losses to state or local governments as compared to projected
revenues assumed under state control, not including any separate
licenses or franchises.
Sec. 201 RCW 66.04.010 and 2009 c 373 s 1 and 2009 c 271 s 2 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
by a brewery or winery in the United States outside of the state of
Washington; and
(d) Is appointed by the brewery or winery referenced in (c) of this
subsection as its 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.
(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) "Board" means the liquor control board, constituted under this
title.
(7) "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.
(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) "Confection" means a preparation of sugar, honey, or other
natural or artificial sweeteners in combination with chocolate, fruits,
nuts, dairy products, or flavorings, in the form of bars, drops, or
pieces.
(10) "Consume" includes the putting of liquor to any use, whether
by drinking or otherwise.
(11) "Contract liquor store" means a business that sells liquor on
behalf of the board through a contract with a contract liquor store
manager.
(12) "Craft distillery" means a distillery that pays the reduced
licensing fee under RCW 66.24.140.
(13) "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.
(14) "Distiller" means a person engaged in the business of
distilling spirits.
(15) "Domestic brewery" means a place where beer and malt liquor
are manufactured or produced by a brewer within the state.
(16) "Domestic winery" means a place where wines are manufactured
or produced within the state of Washington.
(17) "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.
(18) "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.
(19) "Employee" means any person employed by the board.
(20) "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.
(21) "Fund" means 'liquor revolving fund.'
(22) "Hotel" means 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. The buildings,
structures, and grounds must be located on adjacent property either
owned or leased by the same person or persons.
(23) "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.
(24) "Imprisonment" means confinement in the county jail.
(25) "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.
(26) "Liquor franchise" means a specific location designated by the
board where spirits, wine, and beer may be sold in original packages
for off-premises consumption, or where liquor may be sold to holders of
a permit to purchase.
(27) "Liquor franchise agreement" means approval by the board to
operate a liquor franchise in accordance with the provisions of this
title.
(28) "Liquor franchise applicant" means any person who submits an
application for a liquor franchise agreement to sell spirits, wine, and
beer in accordance with the provisions of this title.
(29) "Liquor franchise area" means a geographic area designated as
such by the board for the purpose of issuing franchise agreements.
(30) "Liquor franchise holder" means a person who has been granted
a liquor franchise agreement in accordance with the provisions of this
title.
(31) "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."
(((27))) (32) "Manufacturer" means a person engaged in the
preparation of liquor for sale, in any form whatsoever.
(((28))) (33) "Nightclub" means an establishment that provides
entertainment and has as its primary source of revenue (a) the sale of
alcohol for consumption on the premises, (b) cover charges, or (c)
both, and has an occupancy load of one hundred or more.
(((29))) (34) "Package" means any container or receptacle used for
holding liquor.
(((30))) (35) "Passenger vessel" means any boat, ship, vessel,
barge, or other floating craft of any kind carrying passengers for
compensation.
(((31))) (36) "Permit" means a permit for the purchase of liquor
under this title.
(((32))) (37) "Person" means an individual, copartnership,
association, or corporation.
(((33))) (38) "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.
(((34))) (39) "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.
(((35))) (40) "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.
(((36))) (41) "Regulations" means regulations made by the board
under the powers conferred by this title.
(((37))) (42) "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.
(((38))) (43) "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)). However, the nonprofit organization
conducting the raffle has obtained the appropriate permit from the
board.
(((39))) (44) "Soda fountain" means a place especially equipped
with apparatus for the purpose of dispensing soft drinks, whether mixed
or otherwise.
(((40))) (45) "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.
(((41))) (46) "Store" means a state liquor store established under
this title.
(((42))) (47) "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.
(((43))) (48)(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)) does 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."
(((44))) (49) "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.
(((45))) (50) "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.
(((46))) (51) "Winery" means a business conducted by any person for
the manufacture of wine for sale, other than a domestic winery.
Sec. 202 RCW 66.08.030 and 2002 c 119 s 2 are each amended to
read as follows:
(1) For the purpose of carrying into effect the provisions of this
title according to their true intent or of supplying any deficiency
therein, the board may make such regulations not inconsistent with the
spirit of this title as are deemed necessary or advisable. All
regulations so made shall be a public record and shall be filed in the
office of the code reviser, and thereupon shall have the same force and
effect as if incorporated in this title. Such regulations, together
with a copy of this title, shall be published in pamphlets and shall be
distributed as directed by the board.
(2) Without thereby limiting the generality of the provisions
contained in subsection (1) of this section, it is declared that the
power of the board to make regulations in the manner set out in that
subsection ((shall)) extends to:
(a) Regulating the equipment and management of liquor franchises
and stores and warehouses in which state liquor is sold or kept, and
prescribing the books and records to be kept therein and the reports to
be made thereon to the board;
(b) Prescribing the duties of the employees of the board, and
regulating their conduct in the discharge of their duties;
(c) Governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;
(d) Determining the classes, varieties, and brands of liquor to be
kept for sale at any store;
(e) Prescribing((, subject to RCW 66.16.080, the hours during which
the state liquor stores shall be kept open for the sale of liquor)) the
hours of operation for a liquor franchise encompassing a retail area
less than ten thousand square feet;
(f) Providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of liquor
kept for sale under this title;
(g) Prescribing an official seal and official labels and stamps and
determining the manner in which they shall be attached to every package
of liquor sold or sealed under this title, including the prescribing of
different official seals or different official labels for different
classes of liquor;
(h) Providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;
(i) Prescribing forms to be used for purposes of this title or the
regulations, and the terms and conditions to be contained in permits
and licenses issued under this title, and the qualifications for
receiving a permit or license issued under this title, including a
criminal history record information check. The board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records for
prior arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of any
applicant whose criminal history record information check is submitted
to the federal bureau of investigation;
(j) Prescribing the fees payable in respect of permits and licenses
and liquor franchise agreements issued under this title for which no
fees are prescribed in this title, and prescribing the fees for
anything done or permitted to be done under the regulations;
(k) Prescribing the kinds and quantities of liquor which may be
kept on hand by the holder of a special permit for the purposes named
in the permit, regulating the manner in which the same shall be kept
and disposed of, and providing for the inspection of the same at any
time at the instance of the board;
(l) Regulating the sale of liquor kept by the holders of licenses
and liquor franchise agreements which entitle the holder to purchase
and keep liquor for sale;
(m) Prescribing the records of purchases or sales of liquor kept by
the holders of licenses and liquor franchise agreements, and the
reports to be made thereon to the board, and providing for inspection
of the records so kept;
(n) Prescribing the kinds and quantities of liquor for which a
prescription may be given, and the number of prescriptions which may be
given to the same patient within a stated period;
(o) Prescribing the manner of giving and serving notices required
by this title or the regulations, where not otherwise provided for in
this title;
(p) Regulating premises in which liquor is kept for export from the
state, or from which liquor is exported, prescribing the books and
records to be kept therein and the reports to be made thereon to the
board, and providing for the inspection of the premises and the books,
records and the liquor so kept;
(q) Prescribing the conditions and qualifications requisite for the
obtaining of club licenses and the books and records to be kept and the
returns to be made by clubs, prescribing the manner of licensing clubs
in any municipality or other locality, and providing for the inspection
of clubs;
(r) Prescribing the conditions, accommodations and qualifications
requisite for the obtaining of licenses to sell beer and wines, and
regulating the sale of beer and wines thereunder;
(s) Specifying and regulating the time and periods when, and the
manner, methods and means by which manufacturers shall deliver liquor
within the state; and the time and periods when, and the manner,
methods and means by which liquor may lawfully be conveyed or carried
within the state;
(t) Providing for the making of returns by brewers of their sales
of beer shipped within the state, or from the state, showing the gross
amount of such sales and providing for the inspection of brewers' books
and records, and for the checking of the accuracy of any such returns;
(u) Providing for the making of returns by the wholesalers of beer
whose breweries are located beyond the boundaries of the state;
(v) Providing for the making of returns by any other liquor
manufacturers, showing the gross amount of liquor produced or
purchased, the amount sold within and exported from the state, and to
whom so sold or exported, and providing for the inspection of the
premises of any such liquor manufacturers, their books and records, and
for the checking of any such return;
(w) Providing for the giving of fidelity bonds by any or all of the
employees of the board((: PROVIDED, That)). However, the premiums
therefor shall be paid by the board;
(x) Providing for the shipment by mail or common carrier of liquor
to any person holding a permit and residing in any unit which has, by
election pursuant to this title, prohibited the sale of liquor therein;
(y) Prescribing methods of manufacture, conditions of sanitation,
standards of ingredients, quality and identity of alcoholic beverages
manufactured, sold, bottled, or handled by licensees and the board; and
conducting from time to time, in the interest of the public health and
general welfare, scientific studies and research relating to alcoholic
beverages and the use and effect thereof;
(z) Seizing, confiscating and destroying all alcoholic beverages
manufactured, sold or offered for sale within this state which do not
conform in all respects to the standards prescribed by this title or
the regulations of the board((: PROVIDED,)). Nothing herein contained
shall be construed as authorizing the liquor board to prescribe, alter,
limit or in any way change the present law as to the quantity or
percentage of alcohol used in the manufacturing of wine or other
alcoholic beverages.
Sec. 203 RCW 66.08.070 and 1985 c 226 s 2 are each amended to
read as follows:
(1) Every order for the purchase of liquor shall be authorized by
the board, and no order for liquor shall be valid or binding unless it
is so authorized and signed by the board or its authorized designee.
(2) A duplicate of every such order shall be kept on file in the
office of the board.
(3) All cancellations of such orders made by the board shall be
signed in the same manner and duplicates thereof kept on file in the
office of the board. Nothing in this title shall be construed as
preventing the board from accepting liquor on consignment.
(4) In the purchase of wine or malt beverages the board shall not
require, as a term or condition of purchase, any warranty or
affirmation with respect to the relationship of the price charged the
board to any price charged any other buyer.
(5) This section does not apply to liquor franchises pursuant to
this title.
Sec. 204 RCW 66.08.130 and 1981 1st ex.s. c 5 s 4 are each
amended to read as follows:
For the purpose of obtaining information concerning any matter
relating to the administration or enforcement of this title, the board,
or any person appointed by it in writing for the purpose, may inspect
the books and records of
(1) any manufacturer;
(2) any license holder;
(3) any liquor franchise holder;
(4) any drug store holding a permit to sell on prescriptions;
(((4))) (5) the freight and express books and records and all
waybills, bills of lading, receipts and documents in the possession of
any common carrier doing business within the state, containing any
information or record relating to any goods shipped or carried, or
consigned or received for shipment or carriage within the state. Every
manufacturer, license holder, liquor franchise holder, drug store
holding a permit to sell on prescriptions, and common carrier, and
every owner or officer or employee of the foregoing, who neglects or
refuses to produce and submit for inspection any book, record or
document referred to in this section when requested to do so by the
board or by a person so appointed by it shall be guilty of a violation
of this title.
Sec. 205 RCW 66.08.140 and 1945 c 48 s 1 are each amended to read
as follows:
For the purpose of obtaining information concerning any matter
relating to the administration or enforcement of this title, the board,
or any person appointed by it in writing for the purpose, may inspect
the books, documents and records of any person lending money to or in
any manner financing any license, or liquor franchise agreement, holder
or applicant for license, or liquor franchise holder insofar as such
books, documents and/or records pertain to the financial transaction
involved. Every person who neglects or refuses to produce and submit
for inspection any book, record or document as required by this section
when requested to do so by the board or by a person duly appointed by
it shall be guilty of a violation of this title.
Sec. 206 RCW 66.08.150 and 2007 c 370 s 3 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 liquor
franchise agreement or as to any revocation, suspension, or
modification of any permit ((or)), license, or liquor franchise
agreement 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, or liquor franchise
agreement 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, or liquor franchise holder prior to a revocation or
modification of any permit ((or)), license, or liquor franchise
agreement and, except as provided in subsection (4) of this section,
prior to the suspension of any permit ((or)), license, or liquor
franchise agreement.
(3) No hearing shall be required until demanded by the applicant,
permittee, ((or)) licensee, or liquor franchise holder.
(4) The board may summarily suspend a license ((or)), permit, or
liquor franchise agreement 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. 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, licensee,
or liquor franchise holder. The board's enforcement division shall
complete a preliminary staff investigation of the violation before
requesting an emergency suspension by the board.
Sec. 207 RCW 66.24.010 and 2009 c 271 s 6 are each amended to
read as follows:
(1) Every license and liquor franchise agreement shall be issued in
the name of the applicant, and the holder thereof shall not allow any
other person to use the license.
(2) For the purpose of considering any application for a license or
liquor franchise agreement, or the renewal of a license or liquor
franchise agreement, the board may cause an inspection of the premises
to be made, and may inquire into all matters in connection with the
construction and operation of the premises. For the purpose of
reviewing any application for a license or liquor franchise agreement
and for considering the denial, suspension, revocation, or renewal or
denial thereof, of any license or liquor franchise agreement, the
liquor control board may consider any prior criminal conduct of the
applicant including an administrative violation history record with the
board and a criminal history record information check. The board may
submit the criminal history record information check to the Washington
state patrol and to the identification division of the federal bureau
of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of any
applicant whose criminal history record information check is submitted
to the federal bureau of investigation. The provisions of RCW 9.95.240
and of chapter 9.96A RCW ((shall)) do not apply to such cases. Subject
to the provisions of this section, the board may, in its discretion,
grant or deny the renewal or license or liquor franchise agreement
applied for. Denial may be based on, without limitation, the existence
of chronic illegal activity documented in objections submitted pursuant
to subsections (8)(d) and (12) of this section. Authority to approve
an uncontested or unopposed license or liquor franchise agreement may
be granted by the board to any staff member the board designates in
writing. Conditions for granting such authority shall be adopted by
rule. No retail license or liquor franchise agreement of any kind may
be issued to:
(a) A person doing business as a sole proprietor who has not
resided in the state for at least one month prior to receiving a
license, except in cases of licenses or liquor franchise agreements
issued to dining places on railroads, boats, or aircraft;
(b) A copartnership, unless all of the members thereof are
qualified to obtain a license or liquor franchise agreement, as
provided in this section;
(c) A person whose place of business is conducted by a manager or
agent, unless such manager or agent possesses the same qualifications
required of the licensee, or liquor franchise holder;
(d) A corporation or a limited liability company, unless it was
created under the laws of the state of Washington or holds a
certificate of authority to transact business in the state of
Washington.
(3)(a) The board may, in its discretion, subject to the provisions
of RCW 66.08.150, suspend or cancel any license or liquor franchise
agreement; and all rights of the licensee, or liquor franchise holder
to keep or sell liquor thereunder shall be suspended or terminated, as
the case may be.
(b) The board shall immediately suspend the license ((or)),
certificate, or liquor franchise agreement of a person who has been
certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license ((or)),
certificate ((shall be)), or liquor franchise agreement is automatic
upon the board's receipt of a release issued by the department of
social and health services stating that the licensee, or liquor
franchise holder is in compliance with the order.
(c) The board may request the appointment of administrative law
judges under chapter 34.12 RCW who shall have power to administer
oaths, issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, documents, and testimony,
examine witnesses, and to receive testimony in any inquiry,
investigation, hearing, or proceeding in any part of the state, under
such rules and regulations as the board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and
from any such inquiry, investigation, hearing, or proceeding at the
rate authorized by RCW 34.05.446. Fees need not be paid in advance of
appearance of witnesses to testify or to produce books, records, or
other legal evidence.
(e) In case of disobedience of any person to comply with the order
of the board or a subpoena issued by the board, or any of its members,
or administrative law judges, or on the refusal of a witness to testify
to any matter regarding which he or she may be lawfully interrogated,
the judge of the superior court of the county in which the person
resides, on application of any member of the board or administrative
law judge, shall compel obedience by contempt proceedings, as in the
case of disobedience of the requirements of a subpoena issued from said
court or a refusal to testify therein.
(4) Upon receipt of notice of the suspension or cancellation of a
license or liquor franchise agreement, the licensee, or liquor
franchise holder shall forthwith deliver up the license to the board.
Where the license or liquor franchise agreement has been suspended
only, the board shall return the license or liquor franchise agreement
to the licensee, or liquor franchise holder at the expiration or
termination of the period of suspension. The board shall notify all
vendors in the city or place where the licensee, or liquor franchise
holder has its premises of the suspension or cancellation of the
license or liquor franchise agreement; and no employee may allow or
cause any liquor to be delivered to or for any person at the premises
of that licensee, or liquor franchise holder.
(5)(a) At the time of the original issuance of a spirits, beer, and
wine restaurant license, the board shall prorate the license fee
charged to the new licensee according to the number of calendar
quarters, or portion thereof, remaining until the first renewal of that
license is required.
(b) Unless sooner canceled, every license issued by the board shall
expire at midnight of the thirtieth day of June of the fiscal year for
which it was issued. However, if the board deems it feasible and
desirable to do so, it may establish, by rule pursuant to chapter 34.05
RCW, a system for staggering the annual renewal dates for any and all
licenses authorized by this chapter. If such a system of staggered
annual renewal dates is established by the board, the license fees
provided by this chapter shall be appropriately prorated during the
first year that the system is in effect.
(6) Every license or liquor franchise agreement issued under this
section shall be subject to all conditions and restrictions imposed by
this title or by rules adopted by the board. All conditions and
restrictions imposed by the board in the issuance of an individual
license or liquor franchise agreement shall be listed on the face of
the individual license or liquor franchise agreement along with the
trade name, address, and expiration date.
(7) Every licensee, or liquor franchise holder shall post and keep
posted its license, ((or)) licenses, or liquor franchise agreement, in
a conspicuous place on the premises.
(8)(a) Unless (b) of this subsection applies, before the board
issues a new or renewal license or liquor franchise agreement to an
applicant it shall give notice of such application to the chief
executive officer of the incorporated city or town, if the application
is for a license within an incorporated city or town, or to the county
legislative authority, if the application is for a license or liquor
franchise agreement outside the boundaries of incorporated cities or
towns.
(b) If the application for a special occasion license or liquor
franchise agreement is for an event held during a county, district, or
area fair as defined by RCW 15.76.120, and the county, district, or
area fair is located on property owned by the county but located within
an incorporated city or town, the county legislative authority shall be
the entity notified by the board under (a) of this subsection. The
board shall send a duplicate notice to the incorporated city or town
within which the fair is located.
(c) The incorporated city or town through the official or employee
selected by it, or the county legislative authority or the official or
employee selected by it, ((shall have)) has the right to file with the
board within twenty days after the date of transmittal of such notice
for applications, or at least thirty days prior to the expiration date
for renewals, written objections against the applicant or against the
premises for which the new or renewal license or liquor franchise
agreement is asked. The board may extend the time period for
submitting written objections.
(d) The written objections shall include a statement of all facts
upon which such objections are based, and in case written objections
are filed, the city or town or county legislative authority may request
and the liquor control board may in its discretion hold a hearing
subject to the applicable provisions of Title 34 RCW. If the board
makes an initial decision to deny a license ((or)), renewal, or liquor
franchise agreement based on the written objections of an incorporated
city or town or county legislative authority, the applicant may request
a hearing subject to the applicable provisions of Title 34 RCW. If
such a hearing is held at the request of the applicant, liquor control
board representatives shall present and defend the board's initial
decision to deny a license ((or)), renewal, or liquor franchise
agreement.
(e) Upon the granting of a license or liquor franchise agreement
under this title the board shall send written notification to the chief
executive officer of the incorporated city or town in which the license
or liquor franchise agreement is granted, or to the county legislative
authority if the license or liquor franchise agreement is granted
outside the boundaries of incorporated cities or towns. When the
license or liquor franchise agreement is for a special occasion license
or liquor franchise agreement for an event held during a county,
district, or area fair as defined by RCW 15.76.120, and the county,
district, or area fair is located on county-owned property but located
within an incorporated city or town, the written notification shall be
sent to both the incorporated city or town and the county legislative
authority.
(9)(a) Before the board issues any license or liquor franchise
agreement to any applicant, it shall give (i) due consideration to the
location of the business to be conducted under such license or liquor
franchise agreement with respect to the proximity of churches, schools,
and public institutions and (ii) written notice, with receipt
verification, of the application to public institutions identified by
the board as appropriate to receive such notice, churches, and schools
within five hundred feet of the premises ((to be licensed)). The board
shall not issue a liquor license for either on-premises or off-premises
consumption covering any premises not now licensed, if such premises
are within five hundred feet of the premises of any tax-supported
public elementary or secondary school measured along the most direct
route over or across established public walks, streets, or other public
passageway from the main entrance of the school to the nearest public
entrance of the premises proposed for license or liquor franchise
agreement, and if, after receipt by the school of the notice as
provided in this subsection, the board receives written objection,
within twenty days after receiving such notice, from an official
representative or representatives of the school within five hundred
feet of said proposed licensed premises, indicating to the board that
there is an objection to the issuance of such license or liquor
franchise agreement because of proximity to a school. The board may
extend the time period for submitting objections. For the purpose of
this section, "church" means a building erected for and used
exclusively for religious worship and schooling or other activity in
connection therewith. For the purpose of this section, "public
institution" means institutions of higher education, parks, community
centers, libraries, and transit centers.
(b) No liquor license may be issued or reissued by the board to any
motor sports facility ((or)), licensee, or liquor franchise agreement
operating within the motor sports facility unless the motor sports
facility enforces a program reasonably calculated to prevent alcohol or
alcoholic beverages not purchased within the facility from entering the
facility and such program is approved by local law enforcement
agencies.
(c) It is the intent under this subsection (9) that a retail
license or liquor franchise agreement shall not be issued by the board
where doing so would, in the judgment of the board, adversely affect a
private school meeting the requirements for private schools under Title
28A RCW, which school is within five hundred feet of the proposed
licensee, or liquor franchise holder. The board shall fully consider
and give substantial weight to objections filed by private schools. If
a license or liquor franchise agreement is issued despite the proximity
of a private school, the board shall state in a letter addressed to the
private school the board's reasons for issuing the license or liquor
franchise agreement.
(10) The restrictions set forth in subsection (9) of this section
shall not prohibit the board from authorizing the assumption of
existing licenses now located within the restricted area by other
persons or licenses or relocations of existing licensed premises within
the restricted area. In no case may the licensed premises be moved
closer to a church or school than it was before the assumption or
relocation.
(11)(a) Nothing in this section prohibits the board, in its
discretion, from issuing a temporary retail or distributor license to
an applicant to operate the retail or distributor premises during the
period the application for the license is pending. The board may
establish a fee for a temporary license by rule.
(b) A temporary license issued by the board under this section
shall be for a period not to exceed sixty days. A temporary license
may be extended at the discretion of the board for additional periods
of sixty days upon payment of an additional fee and upon compliance
with all conditions required in this section.
(c) Refusal by the board to issue or extend a temporary license
shall not entitle the applicant to request a hearing. A temporary
license may be canceled or suspended summarily at any time if the board
determines that good cause for cancellation or suspension exists. RCW
66.08.130 applies to temporary licenses.
(d) Application for a temporary license shall be on such form as
the board shall prescribe. If an application for a temporary license
is withdrawn before issuance or is refused by the board, the fee which
accompanied such application shall be refunded in full.
(12) In determining whether to grant or deny a license or renewal
of any license, the board shall give substantial weight to objections
from an incorporated city or town or county legislative authority based
upon chronic illegal activity associated with the applicant's
operations of the premises proposed to be licensed or the applicant's
operation of any other licensed premises, or the conduct of the
applicant's patrons inside or outside the licensed premises. "Chronic
illegal activity" means (a) a pervasive pattern of activity that
threatens the public health, safety, and welfare of the city, town, or
county including, but not limited to, open container violations,
assaults, disturbances, disorderly conduct, or other criminal law
violations, or as documented in crime statistics, police reports,
emergency medical response data, calls for service, field data, or
similar records of a law enforcement agency for the city, town, county,
or any other municipal corporation or any state agency; or (b) an
unreasonably high number of citations for violations of RCW 46.61.502
associated with the applicant's or licensee's operation of any licensed
premises as indicated by the reported statements given to law
enforcement upon arrest.
Sec. 208 RCW 66.24.012 and 1997 c 58 s 862 are each amended to
read as follows:
The board shall immediately suspend the license or liquor franchise
agreement of a person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person who is not
in compliance with a support order or a residential or visitation
order. If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license or
liquor franchise agreement shall be automatic upon the board's receipt
of a release issued by the department of social and health services
stating that the licensee or liquor franchise holder is in compliance
with the order.
Sec. 209 RCW 66.24.015 and 1988 c 200 s 4 are each amended to
read as follows:
An application for a new annual retail license under this title
shall be accompanied by payment of a nonrefundable seventy-five dollar
fee to cover expenses incurred in processing the application. If the
application is approved, the application fee shall be applied toward
the fee charged for the license. An application for a liquor franchise
agreement under this title shall be accompanied by a nonrefundable fee
to be determined by the board by rule. If the liquor franchise
application is approved, the application fee shall be applied toward
the fee charged for the license.
Sec. 210 RCW 66.24.025 and 2002 c 119 s 4 are each amended to
read as follows:
(1) If the board approves, a license or liquor franchise agreement
may be transferred, without charge, to the surviving spouse only of a
deceased licensee or liquor franchise holder if the parties were
maintaining a marital community and the license or liquor franchise
agreement was issued in the names of one or both of the parties. For
the purpose of considering the qualifications of the surviving party or
parties to receive a liquor license or liquor franchise agreement, the
liquor control board may require a criminal history record information
check. The board may submit the criminal history record information
check to the Washington state patrol and to the identification division
of the federal bureau of investigation in order that these agencies may
search their records for prior arrests and convictions of the
individual or individuals who filled out the forms. The board shall
require fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation.
(2) The proposed sale of more than ten percent of the outstanding
and/or issued stock of a licensed corporation or any proposed change in
the officers of a licensed corporation must be reported to the board,
and board approval must be obtained before such changes are made. A
fee of seventy-five dollars will be charged for the processing of such
change of stock ownership and/or corporate officers.
Sec. 211 RCW 66.24.120 and 1973 1st ex.s. c 209 s 12 are each
amended to read as follows:
The board in suspending any license or liquor franchise agreement
may further provide in the order of suspension that such suspension
shall be vacated upon payment to the board by the licensee or liquor
franchise holder of a monetary penalty in an amount then fixed by the
board.
Sec. 212 RCW 66.44.200 and 1998 c 259 s 1 are each amended to
read as follows:
(1) No person shall sell any liquor to any person apparently under
the influence of liquor.
(2)(a) No person who is apparently under the influence of liquor
may purchase or consume liquor on any premises licensed by the board or
any liquor franchise designated by the board.
(b) A violation of this subsection is an infraction punishable by
a fine of not more than five hundred dollars.
(c) A defendant's intoxication may not be used as a defense in an
action under this subsection.
(((d) Until July 1, 2000, every establishment licensed under RCW
66.24.330 or 66.24.420 shall conspicuously post in the establishment
notice of the prohibition against the purchase or consumption of liquor
under this subsection.))
(3) An administrative action for violation of subsection (1) of
this section and an infraction issued for violation of subsection (2)
of this section arising out of the same incident are separate actions
and the outcome of one shall not determine the outcome of the other.
Sec. 213 RCW 66.44.318 and 1995 c 100 s 2 are each amended to
read as follows:
Licensees holding nonretail class liquor licenses and liquor
franchise holders are permitted to allow their employees between
(([the])) the ages of eighteen and twenty-one to stock, merchandise,
and handle liquor, beer, or wine on or about the nonretail premises if
there is an adult twenty-one years of age or older on duty supervising
such activities on the premises.
Sec. 214 RCW 66.44.340 and 1999 c 281 s 11 are each amended to
read as follows:
Employers holding grocery store or beer and/or wine specialty shop
licenses and liquor franchise holders exclusively are permitted to
allow their employees, between the ages of eighteen and twenty-one
years, to sell, stock, and handle liquor, beer, or wine in, on or about
any establishment holding a grocery store or beer and/or wine specialty
shop license or liquor franchise agreement exclusively((: PROVIDED,
That)) if there is an adult twenty-one years of age or older on duty
supervising the sale of liquor at the licensed premises((: PROVIDED,
That)). Minor employees may make deliveries of beer and/or wine
purchased from licensees holding grocery store or beer and/or wine
specialty shop licenses exclusively, when delivery is made to cars of
customers adjacent to such licensed premises but only, however, when
the minor employee is accompanied by the purchaser.
NEW SECTION. Sec. 215 A new section is added to chapter 66.08
RCW to read as follows:
(1) By July 1, 2013, the board must close all state liquor stores
and state liquor distribution facilities, and must sell at auction all
assets pertaining to the state sale and distribution of liquor. Funds
received from these auctions shall be deposited in the state general
fund.
(2)(a) By July 1, 2013, the board must:
(i) Determine liquor franchise areas throughout the state in which
a certain number of liquor franchises can be located;
(ii) Establish criteria for the placement of liquor franchises in
liquor franchise areas, including input gained from cities, counties,
towns, schools, churches, and public institutions pursuant to RCW
66.24.010, and the amount of the purchase price offered by the liquor
franchise applicant;
(iii) Collect information from incorporated cities and towns
regarding acceptable locations for liquor franchises within their
boundaries. The board must not locate liquor franchises in any
locations that have not been deemed acceptable by cities and towns;
(iv) Award liquor franchise agreements to applicants in all liquor
franchise areas;
(v) Grant a liquor franchise agreement to a liquor franchise
applicant who has paid applicable fees, has retail sales of grocery
products for off-premises consumption that are more than forty percent
of the applicant's gross sales, and operates a fully enclosed retail
area encompassing at least ten thousand square feet. The board may
issue a liquor franchise to an applicant with a retail area
encompassing less than ten thousand square feet if the board determines
that no applicant in the community the applicant serves meets the
square footage requirement and the applicant meets operational
requirements established by the board by rule or the applicant has
obtained the approval of local government;
(vi) Grant a liquor franchise agreement to a liquor franchise
applicant who has paid applicable fees and is a membership organization
that requires members to be eighteen years of age and operates a fully
enclosed retail area encompassing at least ten thousand square feet;
and
(vii) Grant a liquor franchise agreement to a liquor franchise
applicant who has paid applicable fees and is a federally recognized
tribe with a current state contract for the sales of spirits, wine, or
beer.
(b) For the purposes of subsection (a)(v) through (vii) of this
subsection (2), no liquor franchise applicant can be granted a liquor
franchise agreement if the liquor franchise applicant has had more than
one public safety violation within the past two years.
(3) The board shall provide an orderly transition from state liquor
store sales to liquor franchise sales.
(4) After July 1, 2013, it is unlawful for the board to lease space
for or to operate a state retail or wholesale liquor store.
(5) Nothing in this section shall be construed to eliminate liquor
vendors as referenced in RCW 66.08.050.
(6) The board may adopt rules to carry out the provisions of this
section. These rules may include, but are not limited to:
(a) The establishment of franchise agreement periods, expiration
dates, and renewal procedures;
(b) The enumeration of records to be kept by franchise holders;
(c) The procedures for advertising and other promotion of sales of
spirits by liquor franchise holders, in accordance with RCW 66.08.060;
and
(d) The establishment of fees and administrative penalties for
liquor franchise holders.
(7) The price of liquor sold at liquor franchises must be set by
each liquor franchise holder, but cannot be less than the price the
franchise holder paid to obtain the liquor, including any applicable
taxes.
(8) The board shall determine the hours and days, subject to RCW
66.08.167, during which liquor may be sold at liquor franchises.
Sec. 301 RCW 66.04.010 and 2011 c . . . s 201 (section 201 of
this act) are each 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
by a brewery or winery in the United States outside of the state of
Washington; and
(d) Is appointed by the brewery or winery referenced in (c) of this
subsection as its 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.
(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) "Board" means the liquor control board, constituted under this
title.
(7) "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.
(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) "Confection" means a preparation of sugar, honey, or other
natural or artificial sweeteners in combination with chocolate, fruits,
nuts, dairy products, or flavorings, in the form of bars, drops, or
pieces.
(10) "Consume" includes the putting of liquor to any use, whether
by drinking or otherwise.
(11) "Contract liquor store" means a business that sells liquor on
behalf of the board through a contract with a contract liquor store
manager.
(12) "Craft distillery" means a distillery that pays the reduced
licensing fee under RCW 66.24.140.
(13) "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.
(14) "Distiller" means a person engaged in the business of
distilling spirits.
(15) "Domestic brewery" means a place where beer and malt liquor
are manufactured or produced by a brewer within the state.
(16) "Domestic winery" means a place where wines are manufactured
or produced within the state of Washington.
(17) "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.
(18) "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.
(19) "Employee" means any person employed by the board.
(20) "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.
(21) "Fund" means 'liquor revolving fund.'
(22) "Hotel" means 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. The buildings,
structures, and grounds must be located on adjacent property either
owned or leased by the same person or persons.
(23) "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.
(24) "Imprisonment" means confinement in the county jail.
(25) "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.
(26) "Liquor franchise" means a specific location designated by the
board where spirits, wine, and beer may be sold in original packages
for off-premises consumption, or where liquor may be sold to holders of
a permit to purchase.
(27) "Liquor franchise agreement" means approval by the board to
operate a liquor franchise in accordance with the provisions of this
title.
(28) "Liquor franchise applicant" means any person who bids for a
liquor franchise agreement to sell spirits, wine, and beer in
accordance with the provisions of this title.
(29) "Liquor franchise area" means a geographic area designated as
such by the board for the purpose of issuing franchise agreements.
(30) "Liquor franchise holder" means a person who has been granted
a liquor franchise agreement in accordance with the provisions of this
title.
(31) "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."
(32) "Manufacturer" means a person engaged in the preparation of
liquor for sale, in any form whatsoever.
(33) "Nightclub" means an establishment that provides entertainment
and has as its primary source of revenue (a) the sale of alcohol for
consumption on the premises, (b) cover charges, or (c) both, and has an
occupancy load of one hundred or more.
(34) "Package" means any container or receptacle used for holding
liquor.
(35) "Passenger vessel" means any boat, ship, vessel, barge, or
other floating craft of any kind carrying passengers for compensation.
(36) "Permit" means a permit for the purchase of liquor under this
title.
(37) "Person" means an individual, copartnership, association, or
corporation.
(38) "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.
(39) "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.
(40) "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.
(41) "Regulations" means regulations made by the board under the
powers conferred by this title.
(42) "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.
(43) "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. However, the nonprofit organization conducting the raffle
has obtained the appropriate permit from the board.
(44) "Soda fountain" means a place especially equipped with
apparatus for the purpose of dispensing soft drinks, whether mixed or
otherwise.
(45) "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.
(46) (("Store" means a state liquor store established under this
title.)) "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.
(47)
(((48))) (47)(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" does 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."
(((49))) (48) "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.
(((50))) (49) "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.
(((51))) (50) "Winery" means a business conducted by any person for
the manufacture of wine for sale, other than a domestic winery.
Sec. 302 RCW 66.08.012 and 1961 c 307 s 7 are each amended to
read as follows:
There shall be a board, known as the "Washington state liquor
control board," consisting of three members((, to)). One member shall
be qualified by local government experience. Two members shall be
qualified by experience or training in matters pertaining to retail
sales and/or distribution. All three members shall be appointed by the
governor, with the consent of the senate, who shall each be paid an
annual salary to be fixed by the governor in accordance with the
provisions of RCW 43.03.040. The governor may, in his or her
discretion, appoint one of the members as chair of the board, and a
majority of the members shall constitute a quorum of the board.
Sec. 303 RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended
to read as follows:
The administration of this title((, including the general control,
management and supervision of all liquor stores, shall be)) is vested
in the liquor control board, constituted under this title.
Sec. 304 RCW 66.08.026 and 2008 c 67 s 1 are each amended to read
as follows:
Administrative expenses of the board shall be appropriated and paid
from the liquor revolving fund. These administrative expenses shall
include, but not be limited to: The salaries and expenses of the board
and its employees, ((the cost of opening additional state liquor stores
and warehouses,)) legal services, pilot projects, annual or other
audits, and other general costs of conducting the business of the
board. ((The administrative expenses shall not include costs of liquor
and lottery tickets purchased, the cost of transportation and delivery
to the point of distribution, the cost of operating, maintaining,
relocating, and leasing state liquor stores and warehouses, other costs
pertaining to the acquisition and receipt of liquor and lottery
tickets, agency commissions for contract liquor stores, transaction
fees associated with credit or debit card purchases for liquor in state
liquor stores and in contract liquor stores pursuant to RCW 66.16.040
and 66.16.041, sales tax, and those amounts distributed pursuant to RCW
66.08.180, 66.08.190, 66.08.200, 66.08.210 and 66.08.220. Agency
commissions for contract liquor stores shall be established by the
liquor control board after consultation with and approval by the
director of the office of financial management.)) All expenditures and
payment of obligations authorized by this section are subject to the
allotment requirements of chapter 43.88 RCW.
Sec. 305 RCW 66.08.030 and 2011 c. . . s 202 (section 202 of this
act) are each amended to read as follows:
(1) For the purpose of carrying into effect the provisions of this
title according to their true intent or of supplying any deficiency
therein, the board may make such regulations not inconsistent with the
spirit of this title as are deemed necessary or advisable. All
regulations so made shall be a public record and shall be filed in the
office of the code reviser, and thereupon shall have the same force and
effect as if incorporated in this title. Such regulations, together
with a copy of this title, shall be published in pamphlets and shall be
distributed as directed by the board.
(2) Without thereby limiting the generality of the provisions
contained in subsection (1) of this section, it is declared that the
power of the board to make regulations in the manner set out in that
subsection extends to:
(a) ((Regulating the equipment and management of liquor franchises
and stores and warehouses in which state liquor is sold or kept, and
prescribing the books and records to be kept therein and the reports to
be made thereon to the board;)) Prescribing the duties of the employees of the board, and
regulating their conduct in the discharge of their duties;
(b)
(((c) Governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;)) (b) Prescribing an official seal and official labels and
stamps and determining the manner in which they shall be attached to
every package of liquor sold or sealed under this title, including the
prescribing of different official seals or different official labels
for different classes of liquor;
(d) Determining the classes, varieties, and brands of liquor to be
kept for sale at any store;
(e) Providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of liquor
kept for sale under this title;
(f)
(((g) Providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;)) (c) Prescribing forms to be used for purposes of this title
or the regulations, and the terms and conditions to be contained in
permits and licenses issued under this title, and the qualifications
for receiving a permit or license issued under this title, including a
criminal history record information check. The board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records for
prior arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of any
applicant whose criminal history record information check is submitted
to the federal bureau of investigation;
(h)
(((i))) (d) Prescribing the fees payable in respect of permits and
licenses and liquor franchise agreements issued under this title for
which no fees are prescribed in this title, and prescribing the fees
for anything done or permitted to be done under the regulations;
(((j))) (e) Prescribing the kinds and quantities of liquor which
may be kept on hand by the holder of a special permit for the purposes
named in the permit, regulating the manner in which the same shall be
kept and disposed of, and providing for the inspection of the same at
any time at the instance of the board;
(((k))) (f) Regulating the sale of liquor kept by the holders of
licenses and liquor franchise agreements which entitle the holder to
purchase and keep liquor for sale;
(((l))) (g) Prescribing the records of purchases or sales of liquor
kept by the holders of licenses and liquor franchise agreements, and
the reports to be made thereon to the board, and providing for
inspection of the records so kept;
(((m))) (h) Prescribing the kinds and quantities of liquor for
which a prescription may be given, and the number of prescriptions
which may be given to the same patient within a stated period;
(((n))) (i) Prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise provided
for in this title;
(((o))) (j) Regulating premises in which liquor is kept for export
from the state, or from which liquor is exported, prescribing the books
and records to be kept therein and the reports to be made thereon to
the board, and providing for the inspection of the premises and the
books, records and the liquor so kept;
(((p))) (k) Prescribing the conditions and qualifications requisite
for the obtaining of club licenses and the books and records to be kept
and the returns to be made by clubs, prescribing the manner of
licensing clubs in any municipality or other locality, and providing
for the inspection of clubs;
(((q))) (l) Prescribing the conditions, accommodations and
qualifications requisite for the obtaining of licenses to sell beer and
wines, and regulating the sale of beer and wines thereunder;
(((r))) (m) Specifying and regulating the time and periods when,
and the manner, methods and means by which manufacturers shall deliver
liquor within the state; and the time and periods when, and the manner,
methods and means by which liquor may lawfully be conveyed or carried
within the state;
(((s))) (n) Providing for the making of returns by brewers of their
sales of beer shipped within the state, or from the state, showing the
gross amount of such sales and providing for the inspection of brewers'
books and records, and for the checking of the accuracy of any such
returns;
(((t))) (o) Providing for the making of returns by the wholesalers
of beer whose breweries are located beyond the boundaries of the state;
(((u))) (p) Providing for the making of returns by any other liquor
manufacturers, showing the gross amount of liquor produced or
purchased, the amount sold within and exported from the state, and to
whom so sold or exported, and providing for the inspection of the
premises of any such liquor manufacturers, their books and records, and
for the checking of any such return;
(((v))) (q) Providing for the giving of fidelity bonds by any or
all of the employees of the board. However, the premiums therefor
shall be paid by the board;
(((w))) (r) Providing for the shipment by mail or common carrier of
liquor to any person holding a permit and residing in any unit which
has, by election pursuant to this title, prohibited the sale of liquor
therein;
(((x))) (s) Prescribing methods of manufacture, conditions of
sanitation, standards of ingredients, quality and identity of alcoholic
beverages manufactured, sold, bottled, or handled by licensees and the
board; and conducting from time to time, in the interest of the public
health and general welfare, scientific studies and research relating to
alcoholic beverages and the use and effect thereof;
(((y))) (t) Seizing, confiscating and destroying all alcoholic
beverages manufactured, sold or offered for sale within this state
which do not conform in all respects to the standards prescribed by
this title or the regulations of the board. Nothing herein contained
shall be construed as authorizing the liquor board to prescribe, alter,
limit or in any way change the present law as to the quantity or
percentage of alcohol used in the manufacturing of wine or other
alcoholic beverages.
Sec. 306 RCW 66.08.050 and 2005 c 151 s 3 are each amended to
read as follows:
The board, subject to the provisions of this title and the rules,
shall:
(1) ((Determine the localities within which state liquor stores
shall be established throughout the state, and the number and situation
of the stores within each locality;)) Appoint, in its discretion, a manufacturer that also
manufactures liquor products other than wine under a license under this
title, as a contract liquor store for the purpose of sale of liquor
products of its own manufacture on the licensed premises only. ((
(2) Appoint in cities and towns and other communities, in which no
state liquor store is located, contract liquor stores. In addition,
the board maySuch
contract liquor stores shall be authorized to sell liquor under the
guidelines provided by law, rule, or contract, and)) Such contract
liquor stores shall be subject to such additional rules and regulations
consistent with this title as the board may require;
(((3) Establish all necessary warehouses for the storing and
bottling, diluting and rectifying of stocks of liquors for the purposes
of this title;)) (2) Determine the nature, form and capacity of all packages
to be used for containing liquor kept for sale under this title;
(4) Provide for the leasing for periods not to exceed ten years of
all premises required for the conduct of the business; and for
remodeling the same, and the procuring of their furnishings, fixtures,
and supplies; and for obtaining options of renewal of such leases by
the lessee. The terms of such leases in all other respects shall be
subject to the direction of the board;
(5)
(((6))) (3) Execute or cause to be executed, all contracts, papers,
and documents in the name of the board, under such regulations as the
board may fix;
(((7))) (4) Pay all customs, duties, excises, charges and
obligations whatsoever relating to the business of the board;
(((8) Require bonds from all employees in the discretion of the
board, and to determine the amount of fidelity bond of each such
employee;)) (5) Perform services for the state lottery commission to such
extent, and for such compensation, as may be mutually agreed upon
between the board and the commission;
(9)
(((10))) (6) Accept and deposit into the general fund-local account
and disburse, subject to appropriation, federal grants or other funds
or donations from any source for the purpose of improving public
awareness of the health risks associated with alcohol consumption by
youth and the abuse of alcohol by adults in Washington state. The
board's alcohol awareness program shall cooperate with federal and
state agencies, interested organizations, and individuals to effect an
active public beverage alcohol awareness program;
(((11))) (7) Perform all other matters and things, whether similar
to the foregoing or not, to carry out the provisions of this title, and
shall have full power to do each and every act necessary to the conduct
of its business, including all buying, selling, preparation and
approval of forms, and every other function of the business whatsoever,
subject only to audit by the state auditor((: PROVIDED, That)).
However, the board shall have no authority to regulate the content of
spoken language on licensed premises where wine and other liquors are
served and where there is not a clear and present danger of disorderly
conduct being provoked by such language.
Sec. 307 RCW 66.08.060 and 2005 c 231 s 3 are each amended to
read as follows:
(((1) The board shall not advertise liquor in any form or through
any medium whatsoever.)) The board shall have power to adopt any and all reasonable
rules as to the kind, character, and location of advertising of liquor
for liquor franchise holders encompassing a retail area less than ten
thousand square feet.
(2) In-store liquor merchandising is not advertising for the
purposes of this section.
(3)
Sec. 308 RCW 66.08.167 and 2005 c 231 s 4 are each amended to
read as follows:
(1) ((Before the board determines which state liquor stores)) The
board may adopt rules regarding which liquor franchises will be open on
Sundays((, it)). In adopting Sunday sales rules, the board shall give:
(a) Due consideration to the location of the liquor ((store)) franchise
with respect to the proximity of places of worship, schools, and public
institutions; (b) due consideration to motor vehicle accident data in
the proximity of the liquor ((store)) franchise; and (c) written notice
by certified mail of the proposed Sunday opening, including proposed
Sunday opening hours, to places of worship, schools, and public
institutions within five hundred feet of the liquor ((store)) franchise
proposed to be open on Sunday.
(2) Before permitting ((an agency vendor)) a liquor ((store))
franchise to open for business on Sunday, the board must meet the due
consideration and written notice requirements established in subsection
(1) of this section.
(3) For the purpose of this section, "place of worship" means a
building erected for and used exclusively for religious worship and
schooling or other related religious activity.
Sec. 309 RCW 66.16.110 and 1993 c 422 s 2 are each amended to
read as follows:
The board shall cause liquor franchises to ((be posted)) post in
conspicuous places, in a number determined by the board, ((within each
state liquor store,)) notices in print not less than one inch high
warning persons that consumption of alcohol shortly before conception
or during pregnancy may cause birth defects, including fetal alcohol
syndrome and fetal alcohol effects.
Sec. 310 RCW 66.12.110 and 1999 c 281 s 3 are each amended to
read as follows:
A person twenty-one years of age or over may bring into the state
from without the United States, free of tax and markup, for his
personal or household use such alcoholic beverages as have been
declared and permitted to enter the United States duty free under
federal law.
Such entry of alcoholic beverages in excess of that herein provided
may be authorized by the board upon payment of ((an equivalent markup
and tax as would be applicable to the purchase of the same or similar
liquor at retail from a Washington state liquor store)) state sales
tax. The board shall adopt appropriate regulations pursuant to chapter
34.05 RCW for the purpose of carrying out the provisions of this
section. The board may issue a spirits, beer, and wine private club
license to a charitable or nonprofit corporation of the state of
Washington, the majority of the officers and directors of which are
United States citizens and the minority of the officers and directors
of which are citizens of the Dominion of Canada, and where the location
of the premises for such spirits, beer, and wine private club license
is not more than ten miles south of the border between the United
States and the province of British Columbia.
Sec. 311 RCW 66.12.120 and 1995 c 100 s 1 are each amended to
read as follows:
Notwithstanding any other provision of Title 66 RCW, a person
twenty-one years of age or over may, free of tax and markup, for
personal or household use, bring into the state of Washington from
another state no more than once per calendar month up to two liters of
spirits or wine or two hundred eighty-eight ounces of beer.
Additionally, such person may be authorized by the board to bring into
the state of Washington from another state a reasonable amount of
alcoholic beverages in excess of that provided in this section for
personal or household use only upon payment of ((an equivalent markup
and tax as would be applicable to the purchase of the same or similar
liquor at retail from a state liquor store)) state sales tax. The
board shall adopt appropriate regulations pursuant to chapter 34.05 RCW
for the purpose of carrying into effect the provisions of this section.
Sec. 312 RCW 66.12.140 and 1982 c 85 s 8 are each amended to read
as follows:
(1) Nothing in this title shall prevent the use of beer, wine,
and/or spirituous liquor, for cooking purposes only, in conjunction
with a culinary or restaurant course offered by a college, university,
community college, area vocational technical institute, or private
vocational school. Further, nothing in this title shall prohibit the
making of beer or wine in food fermentation courses offered by a
college, university, community college, area vocational technical
institute, or private vocational school.
(2) "Culinary or restaurant course" as used in this section means
a course of instruction which includes practical experience in food
preparation under the supervision of an instructor who is twenty-one
years of age or older.
(3) Persons under twenty-one years of age participating in culinary
or restaurant courses may handle beer, wine, or spirituous liquor for
purposes of participating in the courses, but nothing in this section
shall be construed to authorize consumption of liquor by persons under
twenty-one years of age or to authorize possession of liquor by persons
under twenty-one years of age at any time or place other than while
preparing food under the supervision of the course instructor.
(4) Beer, wine, and/or spirituous liquor to be used in culinary or
restaurant courses shall be purchased at retail from ((the board or))
a retailer licensed under this title. All such liquor shall be
securely stored in the food preparation area and shall not be displayed
in an area open to the general public.
(5) Colleges, universities, community colleges, area vocational
technical institutes, and private vocational schools shall obtain the
prior written approval of the board for use of beer, wine, and/or
spirituous liquor for cooking purposes in their culinary or restaurant
courses.
Sec. 313 RCW 66.20.010 and 2008 c 181 s 602 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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(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, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(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 vendor that
manufactures or sells a product which cannot be effectively presented
to potential buyers without serving it with liquor or 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)) a liquor franchise 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)) liquor
franchise 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)) a liquor franchise 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 facility offering from one to eight lodging units and breakfast to
travelers and guests.
Sec. 314 RCW 66.20.160 and 2005 c 151 s 8 are each amended to
read as follows:
Words and phrases as used in RCW 66.20.160 to 66.20.210, inclusive,
shall have the following meaning:
"Card of identification" means any one of those cards described in
RCW 66.16.040.
"Licensee" means the holder of a retail liquor license issued by
the board, and includes any employee or agent of the licensee.
(("Store employee" means a person employed in a state liquor store
to sell liquor.)) "Liquor franchise holder" means a person who has been
granted a liquor franchise agreement in accordance with the provisions
of this title.
Sec. 315 RCW 66.20.170 and 1973 1st ex.s. c 209 s 5 are each
amended to read as follows:
A card of identification may, for the purpose of this title and for
the purpose of procuring liquor, be accepted as an identification card
by any licensee or ((store employee)) liquor franchise holder and as
evidence of legal age of the person presenting such card, provided the
licensee or ((store employee)) liquor franchise holder complies with
the conditions and procedures prescribed herein and such regulations as
may be made by the board.
Sec. 316 RCW 66.20.180 and 2005 c 151 s 9 are each amended to
read as follows:
A card of identification shall be presented by the holder thereof
upon request of any licensee, ((store employee,)) contract liquor store
manager, contract liquor store employee, liquor franchise holder, peace
officer, or enforcement officer of the board for the purpose of aiding
the licensee, ((store employee,)) contract liquor store manager,
contract liquor store employee, liquor franchise holder, peace officer,
or enforcement officer of the board to determine whether or not such
person is of legal age to purchase liquor when such person desires to
procure liquor from a licensed establishment or state liquor store or
contract liquor store.
Sec. 317 RCW 66.20.190 and 1981 1st ex.s. c 5 s 9 are each
amended to read as follows:
In addition to the presentation by the holder and verification by
the licensee or ((store employee)) liquor franchise holder of such card
of identification, the licensee or ((store employee)) liquor franchise
holder who is still in doubt about the true age of the holder shall
require the person whose age may be in question to sign a certification
card and record an accurate description and serial number of his card
of identification thereon. Such statement shall be upon a five-inch by
eight-inch file card, which card shall be filed alphabetically by the
licensee or ((store employee)) liquor franchise holder at or before the
close of business on the day on which the statement is executed, in the
file box containing a suitable alphabetical index and the card shall be
subject to examination by any peace officer or agent or employee of the
board at all times. The certification card shall also contain in bold-face type a statement stating that the signer understands that
conviction for unlawful purchase of alcoholic beverages or misuse of
the certification card may result in criminal penalties including
imprisonment or fine or both.
Sec. 318 RCW 66.20.200 and 2003 c 53 s 295 are each amended to
read as follows:
(1) It shall be unlawful for the owner of a card of identification
to transfer the card to any other person for the purpose of aiding such
person to procure alcoholic beverages from any licensee or ((store
employee)) liquor franchise holder. Any person who shall permit his or
her card of identification to be used by another or transfer such card
to another for the purpose of aiding such transferee to obtain
alcoholic beverages from a licensee or ((store employee)) liquor
franchise holder or gain admission to a premises or portion of a
premises classified by the board as off-limits to persons under twenty-one years of age, shall be guilty of a misdemeanor punishable as
provided by RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring community
restitution shall require not fewer than twenty-five hours of community
restitution.
(2) Any person not entitled thereto who unlawfully procures or has
issued or transferred to him or her a card of identification, and any
person who possesses a card of identification not issued to him or her,
and any person who makes any false statement on any certification card
required by RCW 66.20.190, to be signed by him or her, shall be guilty
of a misdemeanor punishable as provided by RCW 9A.20.021, except that
a minimum fine of two hundred fifty dollars shall be imposed and any
sentence requiring community restitution shall require not fewer than
twenty-five hours of community restitution.
Sec. 319 RCW 66.20.210 and 1973 1st ex.s. c 209 s 9 are each
amended to read as follows:
No licensee or the agent or employee of the licensee, or ((store
employee)) liquor franchise holder, shall be prosecuted criminally or
be sued in any civil action for serving liquor to a person under legal
age to purchase liquor if such person has presented a card of
identification in accordance with RCW 66.20.180, and has signed a
certification card as provided in RCW 66.20.190.
Such card in the possession of a licensee may be offered as a
defense in any hearing held by the board for serving liquor to the
person who signed the card and may be considered by the board as
evidence that the licensee acted in good faith.
Sec. 320 RCW 66.24.145 and 2010 c 290 s 2 are each amended to
read as follows:
(1) Any craft distillery may sell spirits of its own production for
consumption off the premises, up to two liters per person per day.
((Spirits sold under this subsection must be purchased from the board
and sold at the retail price established by the board.)) A craft
distillery selling spirits under this subsection must comply with the
applicable laws and rules relating to retailers.
(2) Any craft distillery may contract distill spirits for, and sell
contract distilled spirits to, holders of distillers' or manufacturers'
licenses, including licenses issued under RCW 66.24.520, or for export.
(3) Any craft distillery licensed under this section may provide,
free of charge, one-half ounce or less samples of spirits of its own
production to persons on the premises of the distillery. The maximum
total per person per day is two ounces. Every person who participates
in any manner in the service of samples must obtain a class 12 alcohol
server permit. ((Spirits used for samples must be purchased from the
board.))
(4) The board shall adopt rules to implement the alcohol server
permit requirement and may adopt additional rules to implement this
section.
(5) Distilling is an agricultural practice.
Sec. 321 RCW 66.24.360 and 2007 c 226 s 2 are each amended to
read as follows:
There shall be a beer and/or wine retailer's license to be
designated as a grocery store license to sell beer, strong beer, and/or
wine at retail in bottles, cans, and original containers, not to be
consumed upon the premises where sold((, at any store other than the
state liquor stores)).
(1) Licensees obtaining a written endorsement from the board may
also sell malt liquor in kegs or other containers capable of holding
less than five and one-half gallons of liquid.
(2) The annual fee for the grocery store license is one hundred
fifty dollars for each store.
(3) The board shall issue a restricted grocery store license
authorizing the licensee to sell beer and only table wine, if the board
finds upon issuance or renewal of the license that the sale of strong
beer or fortified wine would be against the public interest. In
determining the public interest, the board shall consider at least the
following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a grocery store license must maintain a
minimum three thousand dollar inventory of food products for human
consumption, not including pop, beer, strong beer, or wine.
(5) Upon approval by the board, the grocery store licensee may also
receive an endorsement to permit the international export of beer,
strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this endorsement must
have been purchased from a licensed beer or wine distributor licensed
to do business within the state of Washington.
(b) Any beer, strong beer, and wine sold under this endorsement
must be intended for consumption outside the state of Washington and
the United States and appropriate records must be maintained by the
licensee.
(c) ((A holder of this special endorsement to the grocery store
license shall be considered not in violation of RCW 66.28.010.)) Any beer, strong beer, or wine sold under this license must
be sold at a price no less than the acquisition price paid by the
holder of the license.
(d)
(((e))) (d) The annual cost of this endorsement is five hundred
dollars and is in addition to the license fees paid by the licensee for
a grocery store license.
(6) A grocery store licensee holding a snack bar license under RCW
66.24.350 may receive an endorsement to allow the sale of confections
containing more than one percent but not more than ten percent alcohol
by weight to persons twenty-one years of age or older.
Sec. 322 RCW 66.24.371 and 2009 c 373 s 6 are each amended to
read as follows:
(1) There shall be a beer and/or wine retailer's license to be
designated as a beer and/or wine specialty shop license to sell beer,
strong beer, and/or wine at retail in bottles, cans, and original
containers, not to be consumed upon the premises where sold((, at any
store other than the state liquor stores)). Licensees obtaining a
written endorsement from the board may also sell malt liquor in kegs or
other containers capable of holding four gallons or more of liquid.
The annual fee for the beer and/or wine specialty shop license is one
hundred dollars for each store. The sale of any container holding four
gallons or more must comply with RCW 66.28.200 and 66.28.220.
(2) Licensees under this section may provide, free or for a charge,
single-serving samples of two ounces or less to customers for the
purpose of sales promotion. Sampling activities of licensees under
this section are subject to RCW ((66.28.010)) 66.28.305 and 66.28.040
and the cost of sampling under this section may not be borne, directly
or indirectly, by any manufacturer, importer, or distributor of liquor.
(3) The board shall issue a restricted beer and/or wine specialty
shop license, authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the license that
the sale of strong beer or fortified wine would be against the public
interest. In determining the public interest, the board shall consider
at least the following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(4) Licensees holding a beer and/or wine specialty shop license
must maintain a minimum three thousand dollar wholesale inventory of
beer, strong beer, and/or wine.
Sec. 323 RCW 66.24.380 and 2005 c 151 s 10 are each amended to
read as follows:
There shall be a retailer's license to be designated as a special
occasion license to be issued to a not-for-profit society or
organization to sell spirits, beer, and wine by the individual serving
for on-premises consumption at a specified event, such as at picnics or
other special occasions, at a specified date and place; fee sixty
dollars per day.
(1) The not-for-profit society or organization is limited to sales
of no more than twelve calendar days per year. For the purposes of
this subsection, special occasion licensees that are "agricultural area
fairs" or "agricultural county, district, and area fairs," as defined
by RCW 15.76.120, that receive a special occasion license may, once per
calendar year, count as one event fairs that last multiple days, so
long as alcohol sales are at set dates, times, and locations, and the
board receives prior notification of the dates, times, and locations.
The special occasion license applicant will pay the sixty dollars per
day for this event.
(2) The licensee may sell beer and/or wine in original, unopened
containers for off-premises consumption if permission is obtained from
the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and wine is to
be confined to specified premises or designated areas only.
(4) Spirituous liquor sold under this special occasion license must
be purchased at a ((state liquor store or contract liquor store without
discount at retail prices, including all taxes)) liquor franchise.
(5) Any violation of this section is a class 1 civil infraction
having a maximum penalty of two hundred fifty dollars as provided for
in chapter 7.80 RCW.
Sec. 324 RCW 66.24.395 and 1997 c 321 s 25 are each amended to
read as follows:
(1)(a) There shall be a license that may be issued to corporations,
associations, or persons operating as federally licensed commercial
common passenger carriers engaged in interstate commerce, in or over
territorial limits of the state of Washington on passenger trains,
vessels, or airplanes. Such license shall permit the sale of
spirituous liquor, wine, and beer at retail for passenger consumption
within the state upon one such train passenger car, vessel, or
airplane, while in or over the territorial limits of the state. Such
license shall include the privilege of transporting into and storing
within the state such liquor for subsequent retail sale to passengers
in passenger train cars, vessels or airplanes. The fees for such
master license shall be seven hundred fifty dollars per annum (class
CCI-1)((: PROVIDED, That)). However:
(i) Upon payment of an additional sum of five dollars per annum per
car, or vessel, or airplane, the privileges authorized by such license
classes shall extend to additional cars, or vessels, or airplanes
operated by the same licensee within the state, and a duplicate license
for each additional car, or vessel, or airplane shall be issued((:
PROVIDED, FURTHER, That));
(ii) Such licensee may make such sales and/or service upon cars, or
vessels, or airplanes in emergency for not more than five consecutive
days without such license((: AND PROVIDED, FURTHER, That)); and
(iii) Such license shall be valid only while such cars, or vessels,
or airplanes are actively operated as common carriers for hire in
interstate commerce and not while they are out of such common carrier
service.
(b) Alcoholic beverages sold and/or served for consumption by such
interstate common carriers while within or over the territorial limits
of this state shall be subject to ((such board markup and)) the state
liquor taxes in an amount to approximate the revenue that would have
been realized from ((such markup and)) the taxes had the alcoholic
beverages been purchased in Washington((: PROVIDED, That the board's
markup shall be applied on spirituous liquor only)). Such common
carriers shall report such sales and/or service and pay ((such markup
and)) taxes in accordance with procedures prescribed by the board.
(2) Alcoholic beverages sold and delivered in this state to
interstate common carriers for use under the provisions of this section
shall be considered exported from the state, subject to the conditions
provided in subsection (1)(b) of this section. The storage facilities
for liquor within the state by common carriers licensed under this
section shall be subject to written approval by the board.
Sec. 325 RCW 66.24.400 and 2008 c 41 s 10 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. 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 club for consumption in guest rooms, hospitality rooms,
or at banquets in the club. A patron of a bona fide 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 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 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 bottled wine for off-premises
consumption. Spirits and beer may not be sold for off-premises
consumption under this section except as provided in subsection (4) of
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.
(4) 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 malt
liquor in kegs or other containers that are capable of holding four
gallons or more of liquid and are registered in accordance with RCW
66.28.200. Beer may also be sold under the endorsement to a purchaser
in a sanitary container brought to the premises by the purchaser or
furnished by the licensee and filled at the tap by the retailer at the
time of sale. The annual fee for the endorsement under this subsection
is one hundred twenty dollars.
(5) 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 or liquor franchise holder to purchase spirits,
beer, and wine from Washington state distributors or directly from out-of-state distillers, brewers, or wineries.
Sec. 326 RCW 66.24.540 and 1999 c 129 s 1 are each amended to
read as follows:
There shall be a retailer's license to be designated as a motel
license. The motel license may be issued to a motel regardless of
whether it holds any other class of license under this title. No
license may be issued to a motel offering rooms to its guests on an
hourly basis. The license authorizes the licensee to:
(1) Sell, at retail, in locked honor bars, spirits in individual
bottles not to exceed fifty milliliters, beer in individual cans or
bottles not to exceed twelve ounces, and wine in individual bottles not
to exceed one hundred eighty-seven milliliters, to registered guests of
the motel for consumption in guest rooms.
(a) Each honor bar must also contain snack foods. No more than
one-half of the guest rooms may have honor bars.
(b) ((All spirits to be sold under the license must be purchased
from the board.)) 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)
(2) Provide without additional charge, to overnight guests of the
motel, 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. All beer
and wine service must be done by an alcohol server as defined in RCW
66.20.300 and comply with RCW 66.20.310.
The annual fee for a motel license is five hundred dollars.
"Motel" as used in this section means a transient accommodation
licensed under chapter 70.62 RCW.
As used in this section, "spirits," "beer," and "wine" have the
meanings defined in RCW 66.04.010.
Sec. 327 RCW 66.24.590 and 2008 c 41 s 11 are each amended 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)) spirituous 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;
(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 which are part of the buildings or complex of
buildings that include the hotel;
(e) Sell beer, including strong beer, or wine, in the
manufacturer's sealed container at retail sales locations within the
hotel premises;
(f) Sell beer to a purchaser in a sanitary container brought to the
premises by the purchaser or furnished by the licensee and filled at
the tap in the restaurant area by the licensee at the time of sale;
(g) 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))) (h) 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.)) 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.
(5)
(((6))) (5)(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))) (6) 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))) (7) 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))) (8) The annual fee for this license is two thousand
dollars.
(((10))) (9) As used in this section, "hotel," "spirits," "beer,"
and "wine" have the meanings defined in RCW 66.24.410 and 66.04.010.
Sec. 328 RCW 66.28.060 and 2008 c 94 s 7 are each amended to read
as follows:
Every distillery licensed under this title shall make monthly
reports to the board pursuant to the regulations. ((No such distillery
shall make any sale of spirits within the state of Washington except to
the board and as provided in RCW 66.24.145.))
Sec. 329 RCW 66.32.010 and 1955 c 39 s 3 are each amended to read
as follows:
Except as permitted by the board, no liquor shall be kept or had by
any person within this state unless the package in which the liquor was
contained had, while containing that liquor, been sealed with the
official seal adopted by the board, except in the case of:
(1) ((Liquor imported by the board; or)) Liquor manufactured in the state for ((
(2)sale to the board or
for)) export; or
(((3))) (2) Beer, purchased in accordance with the provisions of
law; or
(((4))) (3) Wine or beer exempted in RCW 66.12.010.
Sec. 330 RCW 66.44.150 and 1955 c 289 s 5 are each amended to
read as follows:
If any person in this state buys alcoholic beverages from any
person other than ((the board, a state liquor store, or)) some person
authorized by the board to sell them, he or she shall be guilty of a
misdemeanor.
Sec. 331 RCW 66.44.160 and 1955 c 289 s 6 are each amended to
read as follows:
Except as otherwise provided in this title, any person who has or
keeps or transports alcoholic beverages other than those purchased from
((the board, a state liquor store,)) a liquor franchise or some person
authorized by the board to sell them((,)) shall be guilty of a
violation of this title.
NEW SECTION. Sec. 332 The following acts or parts of acts are
each repealed:
(1) RCW 66.08.070 (Purchase of liquor by board -- Consignment not
prohibited -- Warranty or affirmation not required for wine or malt
purchases) and 2011 c ... s 203 (section 203 of this act), 1985 c 226
s 2, 1973 1st ex.s. c 209 s 1, & 1933 ex.s. c 62 s 67;
(2) RCW 66.08.160 (Acquisition of warehouse authorized) and 1947 c
134 s 1;
(3) RCW 66.08.165 (Strategies to improve operational efficiency and
revenue) and 2005 c 231 s 1;
(4) RCW 66.08.166 (Sunday sales authorized--Store selection and
other requirements) and 2005 c 231 s 2;
(5) RCW 66.08.220 (Liquor revolving fund -- Separate account--Distribution) and 2009 c 271 s 4, 2007 c 370 s 15, 1999 c 281 s 2, &
1949 c 5 s 11;
(6) RCW 66.08.235 (Liquor control board construction and
maintenance account) and 2005 c 151 s 4, 2002 c 371 s 918, & 1997 c 75
s 1;
(7) RCW 66.16.010 (Board may establish -- Price standards -- Prices in
special instances) and 2005 c 518 s 935, 2003 1st sp.s. c 25 s 928,
1939 c 172 s 10, 1937 c 62 s 1, & 1933 ex.s. c 62 s 4;
(8) RCW 66.16.040 (Sales of liquor by employees -- Identification
cards -- Permit holders -- Sales for cash -- Exception) and 2005 c 206 s 1,
2005 c 151 s 5, 2005 c 102 s 1, 2004 c 61 s 1, 1996 c 291 s 1, 1995 c
16 s 1, 1981 1st ex.s. c 5 s 8, 1979 c 158 s 217, 1973 1st ex.s. c 209
s 3, 1971 ex.s. c 15 s 1, 1959 c 111 s 1, & 1933 ex.s. c 62 s 7;
(9) RCW 66.16.041 (Credit and debit card purchases -- Rules--Provision, installation, maintenance of equipment by board--Consideration of offsetting liquor revolving fund balance reduction)
and 2005 c 151 s 6, 2004 c 63 s 2, 1998 c 265 s 3, 1997 c 148 s 2, &
1996 c 291 s 2;
(10) RCW 66.16.050 (Sale of beer and wine to person licensed to
sell) and 1933 ex.s. c 62 s 8;
(11) RCW 66.16.060 (Sealed packages may be required, exception) and
1943 c 216 s 1 & 1933 ex.s. c 62 s 9;
(12) RCW 66.16.070 (Liquor cannot be opened or consumed on store
premises) and 1933 ex.s. c 62 s 10;
(13) RCW 66.16.090 (Record of individual purchases confidential -- Penalty for disclosure) and 1933 ex.s. c 62 s 89;
(14) RCW 66.16.100 (Fortified wine sales) and 1997 c 321 s 42 &
1987 c 386 s 5;
(15) RCW 66.16.120 (Employees working on Sabbath) and 2005 c 231
s 5; and
(16) RCW 66.28.180 (Price list -- Contents -- Contracts and memoranda
with distributors) and 2009 c 506 s 10, 2006 c 302 s 10, & 2005 c 274
s 327."
Renumber the remaining parts and sections consecutively and correct any internal references accordingly.
Beginning on page 6, line 25, strike all of sections 203 and 204
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 16, line 11, after "66.28.170" strike "and 66.28.180" and
insert "((and 66.28.180))"
Beginning on page 18, line 4, strike all of section 213
Renumber the remaining sections consecutively and correct any internal references accordingly.
Beginning on page 21, line 24, strike all of section 401
Renumber the remaining sections consecutively and correct any internal references accordingly.
Beginning on page 24, line 5, strike all of section 403
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 26, beginning on line 23, strike all of section 501 and insert the following:
"NEW SECTION. Sec. 901 RCW 66.16.110 is recodified as a section
in chapter 66.08 RCW.
NEW SECTION. Sec. 902 (1) Sections 201 through 215 of this act
take effect August 1, 2011.
(2) Sections 301 through 332 of this act take effect July 1, 2013.
(3) Section 604 of this act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011.
NEW SECTION. Sec. 903 The secretary of state shall submit this
act to the people for their adoption and ratification, or rejection, at
the next general election to be held in this state, in accordance with
Article II, section 1 of the state Constitution and the laws adopted to
facilitate its operation."
SSB 5788 -
By Senator Sheldon
WITHDRAWN 03/07/2011
On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "liquor; amending RCW 66.08.030, 66.08.070, 66.08.130, 66.08.140, 66.08.150, 66.24.010, 66.24.012, 66.24.015, 66.24.025, 66.24.120, 66.44.200, 66.44.318, 66.44.340, 66.04.010, 66.08.012, 66.08.020, 66.08.026, 66.08.030, 66.08.050, 66.08.060, 66.08.167, 66.16.110, 66.12.110, 66.12.120, 66.12.140, 66.20.010, 66.20.160, 66.20.170, 66.20.180, 66.20.190, 66.20.200, 66.20.210, 66.24.145, 66.24.360, 66.24.371, 66.24.380, 66.24.395, 66.24.400, 66.24.540, 66.24.590, 66.28.060, 66.32.010, 66.44.150, 66.44.160, 66.28.290, 66.24.570, 66.24.580, 66.28.040, 66.28.042, 66.28.043, 66.28.155, 66.28.190, 66.24.240, 66.24.310, and 66.24.450; reenacting and amending RCW 66.04.010 and 66.28.310; adding new sections to chapter 66.08 RCW; creating a new section; recodifying RCW 66.16.110; repealing RCW 66.08.070, 66.08.160, 66.08.165, 66.08.166, 66.08.220, 66.08.235, 66.16.010, 66.16.040, 66.16.041, 66.16.050, 66.16.060, 66.16.070, 66.16.090, 66.16.100, 66.16.120, 66.28.180, and 66.28.010; providing effective dates; providing for submission of this act to a vote of the people; and declaring an emergency."
EFFECT: (1) State run liquor stores are to be transitioned to
privately run liquor franchises. By July 1, 2013, the Liquor Control
Board will close all state liquor stores and distribution facilities
and must sell at auction all related assets.
(2) Liquor franchise agreements are to be granted to:
(a) Applicants that are retail grocery businesses that have retail
sales of grocery products for off-premises consumption that are more
than 40% of the applicant's gross sales and operate a fully enclosed
retail area of at least 10,000 square feet, with some exceptions;
(b) Applicants that are membership organizations that require
members to be 18 years of age and operate an enclosed retail space of
over 10,000 square feet;
(c) Federally recognized tribes who currently have state contracts.
(3) The Liquor Control Board can issue an endorsement to spirits,
beer, and wine restaurant licensees that allows them to purchase
spirits, beer, or wine from Washington state distributors or directly
from out-of-state distillers, brewers, or wineries.
(4) The amendment is drafted as a referendum and would be submitted
to the public at the next state general election.