WSR 16-15-034
[Filed July 13, 2016, 11:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-07-026.
Title of Rule and Other Identifying Information: WAC 314-23-085 What types of discounts are not allowed?
Hearing Location(s): Washington State Liquor Control [and Cannabis] Board (WSLCB), Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on August 24, 2016, at 10:00 a.m.
Date of Intended Adoption: September 7, 2016.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail, fax (360) 664-9689, by August 24, 2016.
Assistance for Persons with Disabilities: Contact Karen McCall by August 24, 2016, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is needed to clarify what discounts are and are not allowed between distributors and retailers.
Reasons Supporting Proposal: There is confusion among liquor licensees on this issue.
Statutory Authority for Adoption: RCW 66.08.030.
Statute Being Implemented: RCW 66.28.170.
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: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Chief Enforcement, 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 small business economic impact statement was not required.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not required.
July 13, 2016
Jane Rushford
AMENDATORY SECTION (Amending WSR 15-19-130, filed 9/21/15, effective 10/22/15)
WAC 314-23-085 What type of discounts are not allowed?
The following types of discounts are not allowed. Please note that this list is representative and not inclusive of all practices that are not allowed:
(1) Volume discounts that violate local, state, or federal laws.
(2) Discounts on purchases over time. Prices must be based on the spirits or wine delivered in a single shipment ((or single invoice)).
(3) Discounts on a combined order that is delivered to multiple licensed sites. Volume discounts may only be provided based on combined orders by one or more licensees to the "central warehouse" or a single location to which the order is delivered. ((The delivery of product to multiple sites cannot be used in determining the volume discount for a combined order unless the order is delivered to multiple liquor licensed locations owned and operated by the same liquor licensed entity.))