AN ACT Relating to fortified wine; amending RCW 66.24.370, 66.16.100, and 66.24.015; adding a new section to chapter 66.24 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that urban alcoholism and the related problems of poverty, homelessness, lawlessness, and conflicts among different segments of society have increased in recent years. While these problems occur throughout the state, it is in certain areas of the larger urban centers that the effects are particularly acute, affecting not only those suffering from alcoholism but persons who live and work in the affected areas. The legislature further finds that easy access to fortified wine is a contributing factor. The purpose of this act is to provide specific authority for the liquor control board to prohibit the sale of fortified wine in particular stores in the larger urban areas of the state upon a finding that the sale of fortified wine is against the public interest.

NEW SECTION. Sec. 2. A new section is added to chapter 66.24 RCW to read as follows:

(1) There shall be a fortified wine retailer's license to be designated as a class Q license to sell fortified wine in bottles and original packages, not to be consumed on the premises where sold, at any store with a class F table wine retailer's license. The fee for the license is ten dollars per year for each store.

(2) In a city with a population over forty thousand or in a city with a population over fifteen thousand that is adjacent or proximately adjacent to two or more cities each of which has a population over fifteen thousand, the board shall not issue a class Q license if the board finds, upon application for issuance or renewal of the license, that the sale of 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 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 fortified wine at the establishment; and

(c) Whether the sale of 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 fortified wine would be against the public interest, it shall issue or renew the license, as applicable. The burden of establishing that the sale of fortified wine by the applicant would be against the public interest is on those persons objecting.

(3) Licensees under this section whose business is primarily the sale of wine at retail may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion.

Sec. 3. Section 1, chapter 217, Laws of 1937 as last amended by section 4, chapter 386, Laws of 1987 and RCW 66.24.370 are each amended to read as follows:

(1) There shall be a table wine retailer's license to be designated as class F license to sell((~~, subject to subsection (2) of this section,~~)) table ((~~and fortified~~)) wine in bottles and original packages, not to be consumed on the premises where sold, at any store other than the state liquor stores: PROVIDED, Such licensee shall pay to the state liquor stores for wines purchased from such stores the current retail price; fee seventy-five dollars per annum: PROVIDED, FURTHER, That a holder of a class A or class B license shall be entitled to the privileges permitted in this section by paying an annual fee of twenty-five dollars for each store.

(2) ((In counties with a population over three hundred thousand, the board shall issue a restricted class F license, authorizing the licensee to sell only table wine, if the board finds upon issuance or renewal of the license that the sale of 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 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 fortified wine at the establishment; and~~

~~(c) Whether the sale of 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 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 fortified wine by the licensee would be against the public interest is on those persons objecting.

~~(3)~~)) Licensees under this section whose business is primarily the sale of wine at retail may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion.

Sec. 4. Section 5, chapter 386, Laws of 1987 and RCW 66.16.100 are each amended to read as follows:

No state liquor store in a ((~~county~~)) city with a population over ((~~three hundred~~)) forty thousand or in a city with a population over fifteen thousand that is adjacent or proximately adjacent to two or more cities each of which has a population over fifteen thousand may sell fortified wine if the board finds that the sale would be against the public interest based on the factors in ((~~RCW 66.24.370~~)) section 2 of this act, except that the board may sell fortified wine to class H licensees under RCW 66.24.440. The burden of establishing that the sale would be against the public interest is on those persons objecting.

Sec. 5. Section 4, chapter 200, Laws of 1988 and RCW 66.24.015 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. This section does not apply to the issuance of a class Q license.

NEW SECTION. Sec. 6. This act takes effect January 1, 1990, except that the board may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.