WSR 13-03-040

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed January 9, 2013, 10:39 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-22-030.

Title of Rule and Other Identifying Information: WAC 314-16-230 Authorization for sale of beer and/or wine in unopened bottles for off-premises consumption under special occasion license.

Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on February 27, 2013, at 10:00 a.m.

Date of Intended Adoption: March 6, 2013.

Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov, fax (360)664-9689, by February 26, 2013.

Assistance for Persons with Disabilities: Contact Karen McCall by February 26, 2013, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current rule allows a special occasion licensee to sell a maximum of twelve liters of beer and/or wine in original bottle for off-premises consumption to any one person. Special occasion licenses are held by nonprofit organizations for fundraisers. The restriction of twelve liters of beer and/or wine for off-premises consumption limits the fundraising ability of these nonprofit organizations.

Reasons Supporting Proposal: The Washington Wine Industry (WWI) petitioned the board for rule making to remove the limit of twelve liter[s] of beer and/or wine for off-premises consumption to any one person at a special occasion licensed event. This change does not create a public safety concern.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.24.380.

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

Name of Proponent: Washington state liquor control board, 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; 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. A fiscal impact statement was not required.

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

January 9, 2013

Sharon Foster

Chairman

OTS-5233.1


AMENDATORY SECTION(Amending WSR 98-18-097, filed 9/2/98, effective 10/3/98)

WAC 314-16-230   Authorization for sale of beer and/or wine in unopened bottles for off-premises consumption under special occasion license.   (((1))) Authorization for the sale of unopened bottles and original packages of beer and/or wine not to be consumed on the premises where sold, as authorized by RCW 66.24.380, must be applied for to the board at the time the society or organization makes application for the special occasion license, and the board's written approval is required before any such sales are made.

(((2) Board approval for the sales authorized in subsection (1) of this section shall be granted by the board upon the condition that no more than twelve liters of beer and/or wine may be sold to any one purchaser under a single special occasion license.))

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, 314-16-230, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030 and 66.98.070. 81-22-026 (Order 85, Resolution No. 94), 314-16-230, filed 10/28/81.]