WSR 26-10-095

PERMANENT RULES

LIQUOR AND CANNABIS

BOARD

[Filed May 6, 2026, 10:19 a.m., effective May 6, 2026, 10:19 a.m.]

Effective Date of Rule: Immediately upon filing.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The repeal of these rules is required for consistency with a court order. RCW 34.05.380 (3)(a) allows for these rules to become effective immediately upon filing.

Purpose: This rule making repeals three rules consistent with the decision in Wash. Rest. Ass'n. v. Wash. State Liquor & Cannabis Bd. (board), 448 P.3d 140 (Wash. Ct. App. 2019). The board chose not to appeal this decision.

The three rules to be repealed are WAC 314-23-065 What are "unfair trade practices"?, 314-23-080 Are licensed distributors or other licensed suppliers of spirits and wine allowed to provide volume discounts to on-premises or off-premises retail licensees?, and 314-23-085 What types of discounts are not allowed?

Citation of Rules Affected by this Order: Repealing WAC 314-23-065, 314-23-080, and 314-23-085.

Statutory Authority for Adoption: RCW 34.05.353.

Other Authority: Wash. Rest. Ass'n v. Wash. State Liquor & Cannabis Bd., 448 P.3d 140 (Wash. Ct. App. 2019).

Adopted under notice filed as WSR 26-06-091 on March 4, 2026.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 3.

Date Adopted: May 6, 2026.

Ollie Garrett

Acting Chair

RDS-6949.1

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 314-23-065	What are "unfair trade practices"?
WAC 314-23-080	Are licensed distributors or other licensed suppliers of spirits and wine allowed to provide volume discounts to on-premises or off-premises retail licensees?
WAC 314-23-085	What type of discounts are not allowed?