SB 6615 -
By Senator Harper
NOT ADOPTED 03/03/2012
On page 9, after line 3, insert the following:
"Sec. 16 RCW 66.24.630 and 2012 c 2 s 103 (Initiative Measure No.
1183) are each amended to read as follows:
(1) There is a spirits retail license to: Sell spirits in original
containers to consumers for consumption off the licensed premises and
to permit holders; sell spirits in original containers to retailers
licensed to sell spirits for consumption on the premises, for resale at
their licensed premises according to the terms of their licenses,
although no single sale may exceed twenty-four liters, unless the sale
is by a licensee that was a contract liquor store manager of a contract
liquor store at the location of its spirits retail licensed premises
from which it makes such sales; and export spirits.
(2) For the purposes of this title, a spirits retail license is a
retail license, and a sale by a spirits retailer is a retail sale only
if not for resale. Nothing in this title authorizes sales by on-sale
licensees to other retail licensees. The board must establish by rule
an obligation of on-sale spirits retailers to:
(a) Maintain a schedule by stock-keeping unit of all their
purchases of spirits from spirits retail licensees, indicating the
identity of the seller and the quantities purchased; and
(b) Provide, not more frequently than quarterly, a report for each
scheduled item containing the identity of the purchasing on-premise
licensee and the quantities of that scheduled item purchased since any
preceding report to:
(i) A distributor authorized by the distiller to distribute a
scheduled item in the on-sale licensee's geographic area; or
(ii) A distiller acting as distributor of the scheduled item in the
area.
(3)(a) Except as otherwise provided in (c) of this subsection (((c)
of this section)), the board may issue spirits retail licenses only for
premises comprising at least ten thousand square feet of fully enclosed
retail space within a single structure, including storerooms and other
interior auxiliary areas but excluding covered or fenced exterior
areas, whether or not attached to the structure, and only to applicants
that the board determines will maintain systems for inventory
management, employee training, employee supervision, and physical
security of the product substantially as effective as those of stores
currently operated by the board with respect to preventing sales to or
pilferage by underage or inebriated persons.
(b) License issuances and renewals are subject to RCW 66.24.010 and
the regulations promulgated thereunder, including without limitation
rights of cities, towns, county legislative authorities, the public,
churches, schools, and public institutions to object to or prevent
issuance of local liquor licenses. However, existing grocery premises
licensed to sell beer and/or wine are deemed to be premises "now
licensed" under RCW 66.24.010(9)(a) for the purpose of processing
applications for spirits retail licenses.
(c) The board may not deny a spirits retail license to an otherwise
qualified contract liquor store at its contract location or to the
holder of former state liquor store operating rights sold at auction
under RCW 66.24.620 on the grounds of location, nature, or size of the
premises to be licensed. The board shall not deny a spirits retail
license to applicants that are not contract liquor stores or operating
rights holders on the grounds of the size of the premises to be
licensed, if such applicant is otherwise qualified and the board
determines that:
(i) There is no retail spirits license holder in the trade area
that the applicant proposes to serve;
(ii) The applicant meets, or upon licensure will meet, the
operational requirements established by the board by rule; and
(iii) The licensee has not committed more than one public safety
violation within the three years preceding application.
(d) A retailer authorized to sell spirits for consumption on or off
the licensed premises may accept delivery of spirits at its licensed
premises or at one or more warehouse facilities registered with the
board, which facilities may also warehouse and distribute nonliquor
items, and from which the retailer may deliver to its own licensed
premises and, pursuant to sales permitted under subsection (1) of this
section:
(i) To other retailer premises licensed to sell spirits for
consumption on the licensed premises;
(ii) To other registered facilities; or
(iii) To lawful purchasers outside the state. The facilities may
be registered and utilized by associations, cooperatives, or comparable
groups of retailers, including at least one retailer licensed to sell
spirits.
(4)(a) Except as otherwise provided in (b) of this subsection, each
spirits retail licensee must pay to the board, for deposit into the
liquor revolving fund, a license issuance fee equivalent to seventeen
percent of all spirits sales revenues under the license, exclusive of
taxes collected by the licensee and of sales of items on which a
license fee payable under this section has otherwise been incurred.
The board must establish rules setting forth the timing of such
payments and reporting of sales dollar volume by the licensee, with
payments required quarterly in arrears. The first payment is due
October 1, 2012.
(b) This subsection (4) does not apply to craft distilleries.
(5) In addition to the payment required under subsection (4) of
this section, each licensee must pay an annual license renewal fee of
one hundred sixty-six dollars. The board must periodically review and
adjust the renewal fee as may be required to maintain it as comparable
to annual license renewal fees for licenses to sell beer and wine not
for consumption on the licensed premises. If required by law at the
time, any increase of the annual renewal fee becomes effective only
upon ratification by the legislature.
(6) As a condition to receiving and renewing a retail spirits
license the licensee must provide training as prescribed by the board
by rule for individuals who sell spirits or who manage others who sell
spirits regarding compliance with laws and regulations regarding sale
of spirits, including without limitation the prohibitions against sale
of spirits to individuals who are underage or visibly intoxicated. The
training must be provided before the individual first engages in the
sale of spirits and must be renewed at least every five years. The
licensee must maintain records documenting the nature and frequency of
the training provided. An employee training program is presumptively
sufficient if it incorporates a "responsible vendor program"
promulgated by the board.
(7) The maximum penalties prescribed by the board in WAC 314-29-020
through 314-29-040 relating to fines and suspensions are doubled for
violations relating to the sale of spirits by retail spirits licensees.
(8)(a) The board must promulgate regulations concerning the
adoption and administration of a compliance training program for
spirits retail licensees, to be known as a "responsible vendor
program," to reduce underage drinking, encourage licensees to adopt
specific best practices to prevent sales to minors, and provide
licensees with an incentive to give their employees ongoing training in
responsible alcohol sales and service.
(b) Licensees who join the responsible vendor program under this
section and maintain all of the program's requirements are not subject
to the doubling of penalties provided in this section for a single
violation in any period of twelve calendar months.
(c) The responsible vendor program must be free, voluntary, and
self-monitoring.
(d) To participate in the responsible vendor program, licensees
must submit an application form to the board. If the application
establishes that the licensee meets the qualifications to join the
program, the board must send the licensee a membership certificate.
(e) A licensee participating in the responsible vendor program must
at a minimum:
(i) Provide ongoing training to employees;
(ii) Accept only certain forms of identification for alcohol sales;
(iii) Adopt policies on alcohol sales and checking identification;
(iv) Post specific signs in the business; and
(v) Keep records verifying compliance with the program's
requirements."
Renumber the remaining section consecutively and correct any internal references accordingly.
SB 6615 -
By Senator Harper
NOT ADOPTED 03/03/2012
On page 1, line 3 of the title, after "70.96A.087," strike "and 43.63A.190" and insert "43.63A.190, and 66.24.630"
EFFECT: Exempts craft distilleries from the license issuance fee of 17 percent of all spirits sales revenues under such a license.