BILL REQ. #:  S-4395.2 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to spirits sampling in former contract liquor stores; and adding a new section to chapter 66.16 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 66.16 RCW to read as follows:
     (1) The liquor control board must allow spirits sampling in former contract liquor stores for the purpose of promoting spirits products. Stores may apply for an endorsement to offer spirits tastings under this section.
     (a) No store may hold more than one spirits sampling per week.
     (b) The locations shall be approved by the board. Before the board determines which stores will be eligible to participate, it shall give:
     (i) Due consideration to the location of the store with respect to the proximity of places of worship, schools, and public institutions;
     (ii) Due consideration to motor vehicle accident data in the proximity of the store; and
     (iii) Written notice by certified mail of the proposed spirits sampling to places of worship, schools, and public institutions within five hundred feet of the store proposed to offer spirits sampling.
     (c) Sampling must be conducted under the following conditions:
     (i) Sampling may take place only in an area of a store in which access to persons under twenty-one years of age is prohibited;
     (ii) Samples may be provided free of charge;
     (iii) Only persons twenty-one years of age or over may sample spirits;
     (iv) Each sample must be one-quarter ounce or less, with no more than one ounce of samples provided per person per day;
     (v) Tasting activities are subject to RCW 66.28.305 and 66.28.040 and the cost of sampling may not be borne, directly or indirectly, by any liquor manufacturer, importer, or distributor;
     (vi) Any person involved in the serving of such samples must have completed a mandatory alcohol server training program;
     (vii) No person who is apparently intoxicated may sample spirits;
     (viii) The product provided for sampling must be available for sale at the store where the sampling occurs at the time of the sampling; and
     (ix) Customers must remain on the store premise while consuming samples.
     (d) The liquor control board may prohibit sampling at a location that is within the boundaries of an alcohol impact area recognized by resolution of the board if the board finds that the sampling activities at the location are having an adverse effect on the reduction of chronic public inebriation in the area.
     (e) A store may advertise a tasting event only within the store, on a store web site, in-store newsletters and flyers, and via e-mail and mail to customers who have requested notice of events. Advertising under this subsection may not be targeted to or appeal principally to youth.
     (f) All other criteria must be determined by the board.
     (2) The liquor control board may adopt rules to implement this section.
     (3) For the purposes of this section, "store" means a former contract liquor store premises as of May 31, 2012.
     (4)(a) If a store is found to have committed a public safety violation in conjunction with tasting activities, the board may suspend the licensee's tasting endorsement and not reissue the endorsement for up to two years from the date of the violation. If mitigating circumstances exist, the board may offer a monetary penalty in lieu of suspension during a settlement conference.
     (b) RCW 66.08.150 applies to the suspension or revocation of an endorsement.