Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-12-012.

     Title of Rule and Other Identifying Information: WAC 314-23-025 Collection of shortfall of spirits distributor license fees from spirits distributor license holders.

     Hearing Location(s): Washington State Liquor Control Board (WSLCB), Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on September 26, 2010 [2012], at 10:00 a.m.

     Date of Intended Adoption: October 3, 2012.

     Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689.

     Assistance for Persons with Disabilities: Contact Karen McCall, (360) 664-1631.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The new laws created with the passing of Initiative 1183 require clarification on the $150 million assessment due to the WSLCB by persons holding a spirits distributor license between March 1, 2012, and March 31, 2013.

     Statutory Authority for Adoption: RCW 66.24.055, 66.08.030.

     Statute Being Implemented: RCW 66.24.055.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [WSLCB], governmental.

     Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is to clarify RCW 66.24.055.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required.

August 15, 2012

Sharon Foster

Chairman

OTS-4951.1

NEW SECTION
WAC 314-23-025   Collection of shortfall of spirits distributor license fees from spirits distributor license holders.    (1) RCW 66.24.055 requires that all persons holding a spirits distributor license on or before March 31, 2013, must have collectively paid a total of one hundred fifty million dollars in spirits distributor license fees by March 31, 2013. If the spirits distributor license fees collected by March 31, 2013, total less than one hundred fifty million dollars, the board is required to assess those persons holding a spirits distributor license on or before March 31, 2013, in order to collect a total of one hundred fifty million dollars. The board will calculate the additional amount owed by each spirits distributor licensee as follows:

     (a) The amount of additional fees owed will be calculated using the total spirits sales made by each spirits distributor licensee during calendar year 2012. If a spirits distributor licensee had no spirits sales during calendar year 2012, no additional fees will be due;

     (b) Each licensee will be assessed and required to pay their proportionate share of the remaining liability between one hundred fifty million dollars and actual collections. The proportionate share of fees due will be calculated by dividing the total dollar amount of sales made by each spirits distributor licensee by the total spirits sales made by all spirits distributor licensees combined. If the total amount of payments exceeds one hundred fifty million dollars, each licensee will be credited a proportionate amount of the overpayment to their future license issuance fee obligations.

     (2) The board will notify all spirits distributor licensees no later than April 30, 2013, of the amount they are required to pay in additional license fees. Spirits distributor licensees must pay the additional license fees to the board by May 31, 2013.

     (3) The board may suspend or revoke any spirits distributor license if the required additional license fees are not paid by May 31, 2013. If suspended, the suspension will remain in effect until the additional license fees are paid.

     (4) The board may also initiate collection proceedings for any amount of additional fees not paid to the board by May 31, 2013.

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