SENATE BILL REPORT

SB 5045

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 12, 2013

Title: An act relating to allowing day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises.

Brief Description: Allowing day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises.

Sponsors: Senators Keiser, Honeyford, Kohl-Welles and Frockt.

Brief History:

Committee Activity: Commerce & Labor: 2/11/13.

SENATE COMMITTEE ON COMMERCE & LABOR

Staff: Edith Rice (786-7444)

Background: An entity serving alcohol for on-premises consumption must obtain the appropriate license to do so from the Liquor Control Board (LCB). There are specific exemptions allowing an entity to serve alcohol without charge and without a license or permit from the LCB. Currently, wedding boutiques and art galleries may offer a complimentary glass of beer or wine to customers who are at least 21 years of age for on-premises consumption. The wine or beer served must have been purchased from a licensed retailer or a Washington State liquor store at full retail price. The wedding boutiques and art galleries cannot sell beer or wine and cannot advertise that they offer complimentary beer or wine. Employees who serve the beer or wine must complete an LCB approved limited alcohol server training program. Art galleries are rooms or buildings devoted to the exhibition or sale of art. Wedding boutiques are businesses primarily engaged in the sale of wedding merchandise.

Summary of Bill: A day spa permit is created. Day spas must purchase a permit from the LCB in order to serve a glass of beer or wine to customers without charge. The annual fee for the day spa permit is $125.

Day spas are permitted to offer a complimentary glass of beer or wine to customers who are at least 21 years of age, in the same manner as art galleries and wedding boutiques. However, if the day spa provides massages, the beer or wine cannot be offered to the customer until the massage is complete. A day spa is defined as a business that offers at least three of the following beauty services: shampooing, cutting, styling or dyeing hair, manicures, pedicures, facials, massages, and the use of body toning equipment. Employees who serve the beer or wine must complete an LCB approved limited alcohol server training program.

Appropriation: None.

Fiscal Note: Available.

[OFM requested ten-year cost projection pursuant to I-960.]

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: CON: We are concerned that people will be drinking and leaving the spa. This is a public safety issue.

OTHER: We would like to see a permit issued only.

Persons Testifying: CON: Mary Ellen de la Pena, WA Assn. of Substance Abuse and Violence Prevention.

OTHER: Karen McCall, LCB.