WSR 07-13-005

PERMANENT RULES

BEER COMMISSION


[ Filed June 7, 2007, 1:44 p.m. , effective July 8, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The Washington beer commission is proposing to establish rules relating to the collection of assessment authorized under RCW 15.89.110. The assessments will begin with fourth quarter 2006 production, due and payable to the commission no sooner than July 2007. The second assessment will be due and payable to the commission no sooner than January 2008 and will be based upon 2007 beer production. Thereafter, assessments will be collected annually no sooner than January and will be based on the previous year's production. The proposal also establishes rules for the collection of unpaid assessments.

Statutory Authority for Adoption: RCW 15.89.110(2).

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 07-08-112 on April 4, 2007.

Changes Other than Editing from Proposed to Adopted Version: (1) WAC 16-505-010(3) originally read: "payable to the commission in July 2007." Adopted version reads: "payable to the commission no sooner than July 2007."

(2) WAC 16-505-010(4) originally read: "payable to the commission in January 2008." Adopted version reads: "payable to the commission no sooner than January 2008."

(3) WAC 16-505-010(5) originally read: "payable to the commission annually in January." Adopted version reads: "payable to the commission annually no sooner than January."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.

Date Adopted: June 6, 2007.

Arlen Harris

Executive Director

OTS-9778.1

Chapter 16-505 WAC

WASHINGTON BEER COMMISSION


NEW SECTION
WAC 16-505-010   Collection of assessment.   (1) The Washington beer commission is authorized under RCW 15.89.040 and 15.89.110(1) to collect an assessment upon beer produced by an affected producer. The annual assessment is ten cents per barrel of beer produced, up to ten thousand barrels per location, as verified by federal excise tax reports.

(2) The commission shall directly bill affected producers by providing written notice in the form of an assessment invoice. Affected producers shall calculate their assessment on the assessment invoice using the annual production figure as based upon their federal excise tax report. Affected producers must submit the completed assessment invoice, the assessment payment due and a copy of the affected producer's federal excise tax report for verification to the commission at the address specified on the assessment invoice.

(3) The first assessment will be due and payable to the commission no sooner than July 2007 and will be based upon beer production during the fourth quarter of 2006.

(4) The second assessment will be due and payable to the commission no sooner than January 2008 and will be based upon beer production during the calendar year of 2007.

(5) Assessments thereafter will be due and payable to the commission annually no sooner than January and will be based upon the previous year's production.

(6) At this time, assessments due and payable to the commission shall not be reduced based on in-kind contributions.

(7) Failure to receive an invoice for the previous year's product does not relieve an affected producer of its obligation to pay any assessment when due.

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NEW SECTION
WAC 16-505-015   Failure to pay assessment.   (1) In the event any affected producer fails to pay the commission the full amount of such assessment or such other sum on or before the date due, the commission may add to such unpaid assessment or sum an amount not exceeding ten percent of the same to defray the cost of enforcing the collection of the amount due.

(2) In the event of failure of such person or persons to pay any such due and payable assessment or other such sum, the commission may bring a civil action against such person or persons in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon, and such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.

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Washington State Code Reviser's Office