Friday, October 21, 2011

Initiative 1183, I-1183, Washington State Liquor Laws

Initiative 1183 -  I-1183
Washington State Liquor Laws

Washington State Liquor Stores

I noticed when we were in Costco a while back, and they were trying to get people to sign a petition to sell hard liquor outside of the Washington State Liquor Stores. That is Initiative 1183 and is up for a vote now.

When you hear the commercials and they say a big corporation that is backing Initiative 1183, well that is Costco. According to the No I-1183 site, they say Costco has spent $22 Million on this. That's a lot of money. Just shows how much money gets made on booze.

Here also is the Yes I-1183 site.

I think all of the commercials only tell half the story. If it passes, then liquor will be sold in the store, and not in the Washington State Liquor Stores. Commercials show people saying they lost loved ones when someone drove drunk. This doesn't stop that. Someone can still drive drunk after buyng liquor from Washington State Liquor Stores. Many other states sell liquor at convenience markets, grocery stores, and liquor stores.

Another point would be that several Washington State Liquor Board Employees will lose their jobs.

Here is the Initiative 1183 - (PDF) - Read it and make your own informed decision. (see PDF for strikeouts)

No I-1183

Yes I-1183

Initiative Measure ________, Page 1
INITIATIVE MEASURE __________________
AN ACT Relating to liquor; amending RCW 66.24.360, 82.08.150,
66.08.050, 66.08.060, 66.20.010, 66.20.160, 66.24.310, 66.24.380,
66.28.030, 66.24.540, 66.24.590, 66.28.060, 66.28.070, 66.28.170,
66.28.180, 66.28.190, 66.28.280, 66.04.010, 43.19.19054, 66.08.020,
66.08.026, 66.08.030, 66.24.145, 66.24.160, 66.32.010, 66.44.120,
66.44.150, 66.44.340, 19.126.010, and 19.126.040; reenacting and
amending RCW 66.28.040 and 19.126.020; adding new sections to chapter
66.24 RCW; adding new sections to chapter 66.28 RCW; creating new
sections; repealing RCW 66.08.070, 66.08.075, 66.08.160, 66.08.165,
66.08.166, 66.08.167, 66.08.220, 66.08.235, 66.16.010, 66.16.040,
66.16.041, 66.16.050, 66.16.060, 66.16.070, 66.16.100, 66.16.110,
66.16.120, and 66.28.045; contingently repealing ESSB 5942, 2011 1st
sp.s. c ... ss 1 through 10; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
PART I
LICENSED SALE OF SPIRITS
NEW SECTION. Sec. 101. (1) The people of the state of Washington,
in enacting this initiative measure, find that the state government
monopoly on liquor distribution and liquor stores in Washington and the
state government regulations that arbitrarily restrict the wholesale
distribution and pricing of wine are outdated, inefficient, and costly
to local taxpayers, consumers, distributors, and retailers. Therefore,
the people wish to privatize and modernize both wholesale distribution
and retail sales of liquor and remove outdated restrictions on the
wholesale distribution of wine by enacting this initiative.
(2) This initiative will:
Initiative Measure No. 1183 Filed 5/26/2011
Initiative Measure ________, Page 2
(a) Privatize and modernize wholesale distribution and retail sales
of liquor in Washington state in a manner that will reduce state
government costs and provide increased funding for state and local
government services, while continuing to strictly regulate the
distribution and sale of liquor;
(b) Get the state government out of the commercial business of
distributing, selling, and promoting the sale of liquor, allowing the
state to focus on the more appropriate government role of enforcing
liquor laws and protecting public health and safety concerning all
alcoholic beverages;
(c) Authorize the state to auction off its existing state liquor
distribution and state liquor store facilities and equipment;
(d) Allow a private distributor of alcohol to get a license to
distribute liquor if that distributor meets the requirements set by the
Washington state liquor control board and is approved for a license by
the board and create provisions to promote investments by private
distributors;
(e) Require private distributors who get licenses to distribute
liquor to pay ten percent of their gross spirits revenues to the state
during the first two years and five percent of their gross spirits
revenues to the state after the first two years;
(f) Allow for a limited number of retail stores to sell liquor if
they meet public safety requirements set by this initiative and the
liquor control board;
(g) Require that a retail store must have ten thousand square feet
or more of fully enclosed retail space within a single structure in
order to get a license to sell liquor, with limited exceptions;
(h) Require a retail store to demonstrate to state regulators that
it can effectively prevent sales of alcohol to minors in order to get a
license to sell liquor;
Initiative Measure ________, Page 3
(i) Ensure that local communities have input before a liquor
license can be issued to a local retailer or distributor and maintain
all local zoning requirements and authority related to the location of
liquor stores;
(j) Require private retailers who get licenses to sell liquor to
pay seventeen percent of their gross spirits revenues to the state;
(k) Maintain the current distribution of liquor revenues to local
governments and dedicate a portion of the new revenues raised from
liquor license fees to increase funding for local public safety
programs, including police, fire, and emergency services in communities
throughout the state;
(l) Make the standard fines and license suspension penalties for
selling liquor to minors twice as strong as the existing fines and
penalties for selling beer or wine to minors;
(m) Make requirements for training and supervision of employees
selling spirits at retail more stringent than what is now required for
sales of beer and wine;
(n) Update the current law on wine distribution to allow wine
distributors and wineries to give volume discounts on the wholesale
price of wine to retail stores and restaurants; and
(o) Allow retailers and restaurants to distribute wine to their own
stores from a central warehouse.
NEW SECTION. Sec. 102. A new section is added to chapter 66.24 RCW
to read as follows:
(1) The holder of a spirits distributor license or spirits retail
license issued under this title may commence sale of spirits upon
issuance thereof, but in no event earlier than March 1, 2012, for
distributors, or June 1, 2012, for retailers. The board must complete
application processing by those dates of all complete applications for
Initiative Measure ________, Page 4
spirits licenses on file with the board on or before sixty days from
the effective date of this section.
(2) The board must effect orderly closure of all state liquor
stores no later than June 1, 2012, and must thereafter refrain from
purchase, sale, or distribution of liquor, except for asset sales
authorized by this act.
(3) The board must devote sufficient resources to planning and
preparation for sale of all assets of state liquor stores and
distribution centers, and all other assets of the state over which the
board has power of disposition, including without limitation goodwill
and location value associated with state liquor stores, with the
objective of depleting all inventory of liquor by May 31, 2012, and
closing all other asset sales no later than June 1, 2013. The board, in
furtherance of this subsection, may sell liquor to spirits licensees.
(4)(a) Disposition of any state liquor store or distribution center
assets remaining after June 1, 2013, must be managed by the department
of revenue.
(b) The board must obtain the maximum reasonable value for all
asset sales made under this section.
(c) The board must sell by auction open to the public the right at
each state-owned store location of a spirits retail licensee to operate
a liquor store upon the premises. Such right must be freely alienable
and subject to all state and local zoning and land use requirements
applicable to the property. Acquisition of the operating rights must be
a precondition to, but does not establish eligibility for, a spirits
retail license at the location of a state store and does not confer any
privilege conferred by a spirits retail license. Holding the rights
does not require the holder of the right to operate a liquor-licensed
business or apply for a liquor license.
Initiative Measure ________, Page 5
(5) All sales proceeds under this section, net of direct sales
expenses and other transition costs authorized by this section, must be
deposited into the liquor revolving fund.
(6)(a) The board must complete the orderly transition from the
current state-controlled system to the private licensee system of
spirits retailing and distribution as required under this chapter by
June 1, 2012.
(b) The transition must include, without limitation, a provision
for applying operating and asset sale revenues of the board to just and
reasonable measures to avert harm to interests of tribes, military
buyers, and nonemployee liquor store operators under then existing
contracts for supply by the board of distilled spirits, taking into
account present value of issuance of a spirits retail license to the
holder of such interest. The provision may extend beyond the time for
completion of transition to a spirits licensee system.
(c) Purchases by the federal government from any licensee of the
board of spirits for resale through commissaries at military
installations are exempt from sales tax based on selling price levied
by RCW 82.08.150.
NEW SECTION. Sec. 103. A new section is added to chapter 66.24 RCW
to read as follows:
(1) There is a spirits retail license to: Sell spirits in original
containers to consumers for consumption off the licensed premises and
to permit holders; sell spirits in original containers to retailers
licensed to sell spirits for consumption on the premises, for resale at
their licensed premises according to the terms of their licenses,
although no single sale may exceed twenty-four liters, unless the sale
is by a licensee that was a contract liquor store manager of a contract
liquor store at the location of its spirits retail licensed premises
from which it makes such sales; and export spirits.
Initiative Measure ________, Page 6
(2) For the purposes of this title, a spirits retail license is a
retail license, and a sale by a spirits retailer is a retail sale only
if not for resale. Nothing in this title authorizes sales by on-sale
licensees to other retail licensees. The board must establish by rule
an obligation of on-sale spirits retailers to:
(a) Maintain a schedule by stock-keeping unit of all their
purchases of spirits from spirits retail licensees, indicating the
identity of the seller and the quantities purchased; and
(b) Provide, not more frequently than quarterly, a report for each
scheduled item containing the identity of the purchasing on-premise
licensee and the quantities of that scheduled item purchased since any
preceding report to:
(i) A distributor authorized by the distiller to distribute a
scheduled item in the on-sale licensee's geographic area; or
(ii) A distiller acting as distributor of the scheduled item in the
area.
(3)(a) Except as otherwise provided in subsection (c) of this
section, the board may issue spirits retail licenses only for premises
comprising at least ten thousand square feet of fully enclosed retail
space within a single structure, including storerooms and other
interior auxiliary areas but excluding covered or fenced exterior
areas, whether or not attached to the structure, and only to applicants
that the board determines will maintain systems for inventory
management, employee training, employee supervision, and physical
security of the product substantially as effective as those of stores
currently operated by the board with respect to preventing sales to or
pilferage by underage or inebriated persons.
(b) License issuances and renewals are subject to RCW 66.24.010 and
the regulations promulgated thereunder, including without limitation
rights of cities, towns, county legislative authorities, the public,
churches, schools, and public institutions to object to or prevent
Initiative Measure ________, Page 7
issuance of local liquor licenses. However, existing grocery premises
licensed to sell beer and/or wine are deemed to be premises "now
licensed" under RCW 66.24.010(9)(a) for the purpose of processing
applications for spirits retail licenses.
(c) The board may not deny a spirits retail license to an otherwise
qualified contract liquor store at its contract location or to the
holder of former state liquor store operating rights sold at auction
under section 102 of this act on the grounds of location, nature, or
size of the premises to be licensed. The board shall not deny a spirits
retail license to applicants that are not contract liquor stores or
operating rights holders on the grounds of the size of the premises to
be licensed, if such applicant is otherwise qualified and the board
determines that:
(i) There is no retail spirits license holder in the trade area
that the applicant proposes to serve;
(ii) The applicant meets, or upon licensure will meet, the
operational requirements established by the board by rule; and
(iii) The licensee has not committed more than one public safety
violation within the three years preceding application.
(d) A retailer authorized to sell spirits for consumption on or off
the licensed premises may accept delivery of spirits at its licensed
premises or at one or more warehouse facilities registered with the
board, which facilities may also warehouse and distribute nonliquor
items, and from which the retailer may deliver to its own licensed
premises and, pursuant to sales permitted under subsection (1) of this
section:
(i) To other retailer premises licensed to sell spirits for
consumption on the licensed premises;
(ii) To other registered facilities; or
(iii) To lawful purchasers outside the state. The facilities may be
registered and utilized by associations, cooperatives, or comparable
Initiative Measure ________, Page 8
groups of retailers, including at least one retailer licensed to sell
spirits.
(4) Each spirits retail licensee must pay to the board, for deposit
into the liquor revolving fund, a license issuance fee equivalent to
seventeen percent of all spirits sales revenues under the license,
exclusive of taxes collected by the licensee and of sales of items on
which a license fee payable under this section has otherwise been
incurred. The board must establish rules setting forth the timing of
such payments and reporting of sales dollar volume by the licensee,
with payments required quarterly in arrears. The first payment is due
October 1, 2012.
(5) In addition to the payment required under subsection (4) of
this section, each licensee must pay an annual license renewal fee of
one hundred sixty-six dollars. The board must periodically review and
adjust the renewal fee as may be required to maintain it as comparable
to annual license renewal fees for licenses to sell beer and wine not
for consumption on the licensed premises. If required by law at the
time, any increase of the annual renewal fee becomes effective only
upon ratification by the legislature.
(6) As a condition to receiving and renewing a retail spirits
license the licensee must provide training as prescribed by the board
by rule for individuals who sell spirits or who manage others who sell
spirits regarding compliance with laws and regulations regarding sale
of spirits, including without limitation the prohibitions against sale
of spirits to individuals who are underage or visibly intoxicated. The
training must be provided before the individual first engages in the
sale of spirits and must be renewed at least every five years. The
licensee must maintain records documenting the nature and frequency of
the training provided. An employee training program is presumptively
sufficient if it incorporates a "responsible vendor program"
promulgated by the board.
Initiative Measure ________, Page 9
(7) The maximum penalties prescribed by the board in WAC 314-29-020
through 314-29-040 relating to fines and suspensions are doubled for
violations relating to the sale of spirits by retail spirits licensees.
(8)(a) The board must promulgate regulations concerning the
adoption and administration of a compliance training program for
spirits retail licensees, to be known as a "responsible vendor
program," to reduce underage drinking, encourage licensees to adopt
specific best practices to prevent sales to minors, and provide
licensees with an incentive to give their employees on-going training
in responsible alcohol sales and service.
(b) Licensees who join the responsible vendor program under this
section and maintain all of the program's requirements are not subject
to the doubling of penalties provided in this section for a single
violation in any period of twelve calendar months.
(c) The responsible vendor program must be free, voluntary, and
self-monitoring.
(d) To participate in the responsible vendor program, licensees
must submit an application form to the board. If the application
establishes that the licensee meets the qualifications to join the
program, the board must send the licensee a membership certificate.
(e) A licensee participating in the responsible vendor program must
at a minimum:
(i) Provide on-going training to employees;
(ii) Accept only certain forms of identification for alcohol sales;
(iii) Adopt policies on alcohol sales and checking identification;
(iv) Post specific signs in the business; and
(v) Keep records verifying compliance with the program's
requirements.
Sec. 104. RCW 66.24.360 and 2011 c 119 s 203 are each amended to
read as follows:
Initiative Measure ________, Page 10
(1) There ((shall be)) is a ((beer and/or wine retailer's license to be
designated as a)) grocery store license to sell wine and/or beer,
including without limitation strong beer((, and/or wine)) at retail in
((bottles, cans, and)) original containers, not to be consumed upon the
premises where sold((, at any store other than the state liquor
stores)).
(((1))) (2) There is a wine retailer reseller endorsement of a
grocery store license, to sell wine at retail in original containers to
retailers licensed to sell wine for consumption on the premises, for
resale at their licensed premises according to the terms of the
license. However, no single sale may exceed twenty-four liters, unless
the sale is made by a licensee that was a contract liquor store manager
of a contract-operated liquor store at the location from which such
sales are made. For the purposes of this title, a grocery store license
is a retail license, and a sale by a grocery store licensee with a
reseller endorsement is a retail sale only if not for resale.
(3) Licensees obtaining a written endorsement from the board may
also sell malt liquor in kegs or other containers capable of holding
less than five and one-half gallons of liquid.
(((2))) (4) The annual fee for the grocery store license is one
hundred fifty dollars for each store.
(((3))) (5) The annual fee for the wine retailer reseller
endorsement is one hundred sixty-six dollars for each store.
(6) The board ((shall)) must issue a restricted grocery store
license authorizing the licensee to sell beer and only table wine, if
the board finds upon issuance or renewal of the license that the sale
of strong beer or fortified wine would be against the public interest.
In determining the public interest, the board ((shall)) must consider
at least the following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
Initiative Measure ________, Page 11
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
((shall)) must issue or renew the license without restriction, as
applicable. The burden of establishing that the sale of strong beer or
fortified wine by the licensee would be against the public interest is
on those persons objecting.
(((4))) (7) Licensees holding a grocery store license must maintain
a minimum three thousand dollar inventory of food products for human
consumption, not including pop, beer, strong beer, or wine.
(((5))) (8) A grocery store licensee with a wine retailer reseller
endorsement may accept delivery of wine at its licensed premises or at
one or more warehouse facilities registered with the board, which
facilities may also warehouse and distribute nonliquor items, and from
which it may deliver to its own licensed premises and, pursuant to
sales permitted by this title, to other licensed premises, to other
registered facilities, or to lawful purchasers outside the state.
Facilities may be registered and utilized by associations,
cooperatives, or comparable groups of grocery store licensees.
(9) Upon approval by the board, the grocery store licensee may also
receive an endorsement to permit the international export of beer,
strong beer, and wine.
(a) Any beer, strong beer, or wine sold under this endorsement must
have been purchased from a licensed beer or wine distributor licensed
to do business within the state of Washington.
Initiative Measure ________, Page 12
(b) Any beer, strong beer, and wine sold under this endorsement
must be intended for consumption outside the state of Washington and
the United States and appropriate records must be maintained by the
licensee.
(c) Any beer, strong beer, or wine sold under this ((license))
endorsement must be sold at a price no less than the acquisition price
paid by the holder of the license.
(d) The annual cost of this endorsement is five hundred dollars and
is in addition to the license fees paid by the licensee for a grocery
store license.
(((6))) (10) A grocery store licensee holding a snack bar license
under RCW 66.24.350 may receive an endorsement to allow the sale of
confections containing more than one percent but not more than ten
percent alcohol by weight to persons twenty-one years of age or older.
NEW SECTION. Sec. 105. A new section is added to chapter 66.24 RCW
to read as follows:
(1) There is a license for spirits distributors to (a) sell spirits
purchased from manufacturers, distillers, or suppliers including,
without limitation, licensed Washington distilleries, licensed spirits
importers, other Washington spirits distributors, or suppliers of
foreign spirits located outside of the United States, to spirits
retailers including, without limitation, spirits retail licensees,
special occasion license holders, interstate common carrier license
holders, restaurant spirits retailer license holders, spirits, beer,
and wine private club license holders, hotel license holders, sports
entertainment facility license holders, and spirits, beer, and wine
nightclub license holders, and to other spirits distributors; and (b)
export the same from the state.
(2) By January 1, 2012, the board must issue spirits distributor
licenses to all applicants who, upon the effective date of this
Initiative Measure ________, Page 13
section, have the right to purchase spirits from a spirits
manufacturer, spirits distiller, or other spirits supplier for resale
in the state, or are agents of such supplier authorized to sell to
licensees in the state, unless the board determines that issuance of a
license to such applicant is not in the public interest.
(3)(a) As limited by (b) of this subsection and subject to (c) of
this subsection, each spirits distributor licensee must pay to the
board for deposit into the liquor revolving fund, a license issuance
fee calculated as follows:
(i) In each of the first two years of licensure, ten percent of the
total revenue from all the licensee's sales of spirits made during the
year for which the fee is due, respectively; and
(ii) In the third year of licensure and each year thereafter, five
percent of the total revenue from all the licensee's sales of spirits
made during the year for which the fee is due, respectively.
(b) The fee required under this subsection (3) is calculated only
on sales of items which the licensee was the first spirits distributor
in the state to have received:
(i) In the case of spirits manufactured in the state, from the
distiller; or
(ii) In the case of spirits manufactured outside the state, from an
authorized out-of-state supplier.
(c) By March 31, 2013, all persons holding spirits distributor
licenses on or before March 31, 2013, must have paid collectively one
hundred fifty million dollars or more in spirits distributor license
fees. If the collective payment through March 31, 2013, totals less
than one hundred fifty million dollars, the board must, according to
rules adopted by the board for the purpose, collect by May 31, 2013, as
additional spirits distributor license fees the difference between one
hundred fifty million dollars and the actual receipts, allocated among
persons holding spirits distributor licenses at any time on or before
Initiative Measure ________, Page 14
March 31, 2013, ratably according to their spirits sales made during
calendar year 2012. Any amount by which such payments exceed one
hundred fifty million dollars by March 31, 2013, must be credited to
future license issuance fee obligations of spirits distributor
licensees according to rules adopted by the board.
(d) A retail licensee selling for resale must pay a distributor
license fee under the terms and conditions in this section on resales
of spirits the licensee has purchased on which no other distributor
license fee has been paid. The board must establish rules setting forth
the frequency and timing of such payments and reporting of sales dollar
volume by the licensee, with payments due quarterly in arrears.
(e) No spirits inventory may be subject to calculation of more than
a single spirits distributor license issuance fee.
(4) In addition to the payment set forth in subsection (3) of this
section, each spirits distributor licensee renewing its annual license
must pay an annual license renewal fee of one thousand three hundred
twenty dollars for each licensed location.
(5) There is no minimum facility size or capacity for spirits
distributor licenses, and no limit on the number of such licenses
issued to qualified applicants. License applicants must provide
physical security of the product that is substantially as effective as
the physical security of the distribution facilities currently operated
by the board with respect to preventing pilferage. License issuances
and renewals are subject to RCW 66.24.010 and the regulations
promulgated thereunder, including without limitation rights of cities,
towns, county legislative authorities, the public, churches, schools,
and public institutions to object to or prevent issuance of local
liquor licenses. However, existing distributor premises licensed to
sell beer and/or wine are deemed to be premises "now licensed" under
RCW 66.24.010(9)(a) for the purpose of processing applications for
spirits distributor licenses.
Initiative Measure ________, Page 15
Sec. 106. RCW 82.08.150 and 2009 c 479 s 65 are each amended to
read as follows:
(1) There is levied and ((shall be)) collected a tax upon each
retail sale of spirits in the original package at the rate of fifteen
percent of the selling price((. The tax imposed in this subsection
shall apply to all such sales including sales by the Washington state
liquor stores and agencies, but excluding sales to spirits, beer, and
wine restaurant licensees)).
(2) There is levied and ((shall be)) collected a tax upon each sale
of spirits in the original package at the rate of ten percent of the
selling price on sales by ((Washington state liquor stores and agencies
to spirits, beer, and wine restaurant licensees)) a spirits distributor
licensee or other licensee acting as a spirits distributor pursuant to
Title 66 RCW to restaurant spirits retailers.
(3) There is levied and ((shall be)) collected an additional tax
upon each ((retail)) sale of spirits in the original package by a
spirits distributor licensee or other licensee acting as a spirits
distributor pursuant to Title 66 RCW to a restaurant spirits retailer
and upon each retail sale of spirits in the original package by a
licensee of the board at the rate of one dollar and seventy-two cents
per liter. ((The additional tax imposed in this subsection shall apply
to all such sales including sales by Washington state liquor stores and
agencies, and including sales to spirits, beer, and wine restaurant
licensees.))
(4) An additional tax is imposed equal to fourteen percent
multiplied by the taxes payable under subsections (1), (2), and (3) of
this section.
(5) An additional tax is imposed upon each ((retail)) sale of
spirits in the original package by a spirits distributor licensee or
other licensee acting as a spirits distributor pursuant to Title 66 RCW
to a restaurant spirits retailer and upon each retail sale of spirits
Initiative Measure ________, Page 16
in the original package by a licensee of the board at the rate of seven
cents per liter. ((The additional tax imposed in this subsection shall
apply to all such sales including sales by Washington state liquor
stores and agencies, and including sales to spirits, beer, and wine
restaurant licensees.)) All revenues collected during any month from
this additional tax ((shall)) must be deposited in the state general
fund by the twenty-fifth day of the following month.
(6)(a) An additional tax is imposed upon retail sale of spirits in
the original package at the rate of ((one and seven-tenths percent of
the selling price through June 30, 1995, two and six-tenths percent of
the selling price for the period July 1, 1995, through June 30, 1997,
and)) three and four-tenths percent of the selling price ((thereafter.
This additional tax applies to all such sales including sales by
Washington state liquor stores and agencies, but excluding sales to
spirits, beer, and wine restaurant licensees)).
(b) An additional tax is imposed upon retail sale of spirits in the
original package to a restaurant spirits retailer at the rate of ((one
and one-tenth percent of the selling price through June 30, 1995, one
and seven-tenths percent of the selling price for the period July 1,
1995, through June 30, 1997, and)) two and three-tenths percent of the
selling price ((thereafter. This additional tax applies to all such
sales to spirits, beer, and wine restaurant licensees)).
(c) An additional tax is imposed upon each ((retail)) sale of
spirits in the original package by a spirits distributor licensee or
other licensee acting as a spirits distributor pursuant to Title 66 RCW
to a restaurant spirits retailer and upon each retail sale of spirits
in the original package by a licensee of the board at the rate of
((twenty cents per liter through June 30, 1995, thirty cents per liter
for the period July 1, 1995, through June 30, 1997, and)) forty-one
cents per liter ((thereafter. This additional tax applies to all such
Initiative Measure ________, Page 17
sales including sales by Washington state liquor stores and agencies,
and including sales to spirits, beer, and wine restaurant licensees)).
(d) All revenues collected during any month from additional taxes
under this subsection ((shall)) must be deposited in the state general
fund by the twenty-fifth day of the following month.
(7)(a) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of one dollar and thirtythree
cents per liter. ((This additional tax applies to all such sales
including sales by Washington state liquor stores and agencies, but
excluding sales to spirits, beer, and wine restaurant licensees.))
(b) All revenues collected during any month from additional taxes
under this subsection ((shall)) must be deposited by the twenty-fifth
day of the following month into the general fund.
(8) The tax imposed in RCW 82.08.020 ((shall)) does not apply to
sales of spirits in the original package.
(9) The taxes imposed in this section ((shall)) must be paid by the
buyer to the seller, and each seller ((shall)) must collect from the
buyer the full amount of the tax payable in respect to each taxable
sale under this section. The taxes required by this section to be
collected by the seller ((shall)) must be stated separately from the
selling price, and for purposes of determining the tax due from the
buyer to the seller, it ((shall be)) is conclusively presumed that the
selling price quoted in any price list does not include the taxes
imposed by this section. Sellers must report and return all taxes
imposed in this section in accordance with rules adopted by the
department.
(10) As used in this section, the terms, "spirits" and "package"
((shall)) have the same meaning ((ascribed to them)) as provided in
chapter 66.04 RCW.
Initiative Measure ________, Page 18
Sec. 107. RCW 66.08.050 and 2011 c 186 s 2 are each amended to read
as follows:
The board, subject to the provisions of this title and the rules,
((shall)) must:
(1) ((Determine the localities within which state liquor stores
shall be established throughout the state, and the number and situation
of the stores within each locality;
(2) Appoint in cities and towns and other communities, in which no
state liquor store is located, contract liquor stores. In addition, the
board may appoint, in its discretion, a manufacturer that also
manufactures liquor products other than wine under a license under this
title, as a contract liquor store for the purpose of sale of liquor
products of its own manufacture on the licensed premises only. Such
contract liquor stores shall be authorized to sell liquor under the
guidelines provided by law, rule, or contract, and such contract liquor
stores shall be subject to such additional rules and regulations
consistent with this title as the board may require. Sampling on
contract store premises is permitted under this act;
(3) Establish all necessary warehouses for the storing and
bottling, diluting and rectifying of stocks of liquors for the purposes
of this title;
(4) Provide for the leasing for periods not to exceed ten years of
all premises required for the conduct of the business; and for
remodeling the same, and the procuring of their furnishings, fixtures,
and supplies; and for obtaining options of renewal of such leases by
the lessee. The terms of such leases in all other respects shall be
subject to the direction of the board;
(5))) Determine the nature, form and capacity of all packages to be
used for containing liquor kept for sale under this title;
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(((6))) (2) Execute or cause to be executed, all contracts, papers,
and documents in the name of the board, under such regulations as the
board may fix;
(((7))) (3) Pay all customs, duties, excises, charges and
obligations whatsoever relating to the business of the board;
(((8))) (4) Require bonds from all employees in the discretion of
the board, and to determine the amount of fidelity bond of each such
employee;
(((9))) (5) Perform services for the state lottery commission to
such extent, and for such compensation, as may be mutually agreed upon
between the board and the commission;
(((10))) (6) Accept and deposit into the general fund-local account
and disburse, subject to appropriation, federal grants or other funds
or donations from any source for the purpose of improving public
awareness of the health risks associated with alcohol consumption by
youth and the abuse of alcohol by adults in Washington state. The
board's alcohol awareness program ((shall)) must cooperate with federal
and state agencies, interested organizations, and individuals to effect
an active public beverage alcohol awareness program;
(((11))) (7) Perform all other matters and things, whether similar
to the foregoing or not, to carry out the provisions of this title, and
((shall have)) has full power to do each and every act necessary to the
conduct of its ((business, including all buying, selling, preparation
and approval of forms, and every other function of the business
whatsoever, subject only to audit by the state auditor: PROVIDED, That
the board shall have)) regulatory functions, including all supplies
procurement, preparation and approval of forms, and every other
undertaking necessary to perform its regulatory functions whatsoever,
subject only to audit by the state auditor. However, the board has no
authority to regulate the content of spoken language on licensed
premises where wine and other liquors are served and where there is not
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a clear and present danger of disorderly conduct being provoked by such
language or to restrict advertising of lawful prices.
Sec. 108. RCW 66.08.060 and 2005 c 231 s 3 are each amended to read
as follows:
(((1) The board shall not advertise liquor in any form or through
any medium whatsoever.
(2) In-store liquor merchandising is not advertising for the
purposes of this section.
(3))) The board ((shall have)) has power to adopt any and all
reasonable rules as to the kind, character, and location of advertising
of liquor.
Sec. 109. RCW 66.20.010 and 2011 c 119 s 213 are each amended to
read as follows:
Upon application in the prescribed form being made to any employee
authorized by the board to issue permits, accompanied by payment of the
prescribed fee, and upon the employee being satisfied that the
applicant should be granted a permit under this title, the employee
((shall)) must issue to the applicant under such regulations and at
such fee as may be prescribed by the board a permit of the class
applied for, as follows:
(1) Where the application is for a special permit by a physician or
dentist, or by any person in charge of an institution regularly
conducted as a hospital or sanitorium for the care of persons in ill
health, or as a home devoted exclusively to the care of aged people, a
special liquor purchase permit, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(2) Where the application is for a special permit by a person
engaged within the state in mechanical or manufacturing business or in
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scientific pursuits requiring alcohol for use therein, or by any
private individual, a special permit to purchase alcohol for the
purpose named in the permit, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(3) Where the application is for a special permit to consume liquor
at a banquet, at a specified date and place, a special permit to
purchase liquor for consumption at such banquet, to such applicants as
may be fixed by the board;
(4) Where the application is for a special permit to consume liquor
on the premises of a business not licensed under this title, a special
permit to purchase liquor for consumption thereon for such periods of
time and to such applicants as may be fixed by the board;
(5) Where the application is for a special permit by a manufacturer
to import or purchase within the state alcohol, malt, and other
materials containing alcohol to be used in the manufacture of liquor,
or other products, a special permit;
(6) Where the application is for a special permit by a person
operating a drug store to purchase liquor at retail prices only, to be
thereafter sold by such person on the prescription of a physician, a
special liquor purchase permit, except that the governor may waive the
requirement for a special liquor purchase permit under this subsection
pursuant to an order issued under RCW 43.06.220(2);
(7) Where the application is for a special permit by an authorized
representative of a military installation operated by or for any of the
armed forces within the geographical boundaries of the state of
Washington, a special permit to purchase liquor for use on such
military installation ((at prices to be fixed by the board));
(8) Where the application is for a special permit by a vendor that
manufactures or sells a product which cannot be effectively presented
to potential buyers without serving it with liquor or by a
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manufacturer, importer, or distributor, or representative thereof, to
serve liquor without charge to delegates and guests at a convention of
a trade association composed of licensees of the board, when the said
liquor is served in a hospitality room or from a booth in a boardapproved
suppliers' display room at the convention, and when the liquor
so served is for consumption in the said hospitality room or display
room during the convention, anything in this title ((66 RCW)) to the
contrary notwithstanding. Any such spirituous liquor ((shall)) must be
purchased from ((the board or a spirits, beer, and wine restaurant
licensee)) a spirits retailer or distributor, and any such ((beer and
wine shall be)) liquor is subject to the taxes imposed by RCW 66.24.290
and 66.24.210;
(9) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
donate liquor for a reception, breakfast, luncheon, or dinner for
delegates and guests at a convention of a trade association composed of
licensees of the board, when the liquor so donated is for consumption
at the said reception, breakfast, luncheon, or dinner during the
convention, anything in this title ((66 RCW)) to the contrary
notwithstanding. Any such spirituous liquor ((shall)) must be purchased
from ((the board or a spirits, beer, and wine restaurant licensee)) a
spirits retailer or distributor, and any such ((beer and wine shall
be)) liquor is subject to the taxes imposed by RCW 66.24.290 and
66.24.210;
(10) Where the application is for a special permit by a
manufacturer, importer, or distributor, or representative thereof, to
donate and/or serve liquor without charge to delegates and guests at an
international trade fair, show, or exposition held under the auspices
of a federal, state, or local governmental entity or organized and
promoted by a nonprofit organization, anything in this title ((66 RCW))
to the contrary notwithstanding. Any such spirituous liquor ((shall))
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must be purchased from ((the board)) a liquor spirits retailer or
distributor, and any such ((beer or wine shall be)) liquor is subject
to the taxes imposed by RCW 66.24.290 and 66.24.210;
(11) Where the application is for an annual special permit by a
person operating a bed and breakfast lodging facility to donate or
serve wine or beer without charge to overnight guests of the facility
if the wine or beer is for consumption on the premises of the facility.
"Bed and breakfast lodging facility," as used in this subsection, means
a facility offering from one to eight lodging units and breakfast to
travelers and guests.
Sec. 110. RCW 66.20.160 and 2005 c 151 s 8 are each amended to read
as follows:
((Words and phrases)) As used in RCW 66.20.160 ((to)) through
66.20.210, inclusive, ((shall have the following meaning:
"Card of identification" means any one of those cards described in
RCW 66.16.040.))
"licensee" means the holder of a retail liquor license issued by
the board, and includes any employee or agent of the licensee.
(("Store employee" means a person employed in a state liquor store
to sell liquor.))
Sec. 111. RCW 66.24.310 and 2011 c 119 s 301 are each amended to
read as follows:
(1)(a) Except as provided in (b) of this subsection, no person
((shall)) may canvass for, solicit, receive, or take orders for the
purchase or sale of liquor, nor contact any licensees of the board in
goodwill activities, unless ((such person shall be the accredited
representative of a person, firm, or corporation holding a certificate
of approval issued pursuant to RCW 66.24.270 or 66.24.206, a beer
distributor's license, a microbrewer's license, a domestic brewer's
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license, a beer importer's license, a domestic winery license, a wine
importer's license, or a wine distributor's license within the state of
Washington, or the accredited representative of a distiller,
manufacturer, importer, or distributor of spirituous liquor, or foreign
produced beer or wine, and shall have)) the person is the
representative of a licensee or certificate holder authorized by this
title to sell liquor for resale in the state and has applied for and
received a representative's license.
(b) (a) of this subsection ((shall)) does not apply to: (i) Drivers
who deliver spirits, beer, or wine; or (ii) domestic wineries or their
employees.
(2) Every representative's license issued under this title ((shall
be)) is subject to all conditions and restrictions imposed by this
title or by the rules and regulations of the board; the board, for the
purpose of maintaining an orderly market, may limit the number of
representative's licenses issued for representation of specific classes
of eligible employers.
(3) Every application for a representative's license must be
approved by a holder of a certificate of approval ((issued pursuant to
RCW 66.24.270 or 66.24.206)), a licensed beer distributor, a licensed
domestic brewer, a licensed beer importer, a licensed microbrewer, a
licensed domestic winery, a licensed wine importer, a licensed wine
distributor, or by a distiller, manufacturer, importer, or distributor
of ((spirituous liquor)) spirits, or of foreign-produced beer or wine,
as required by the rules and regulations of the board ((shall
require)).
(4) The fee for a representative's license ((shall be)) is twentyfive
dollars per year.
(((5) An accredited representative of a distiller, manufacturer,
importer, or distributor of spirituous liquor may, after he or she has
applied for and received a representative's license, contact retail
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licensees of the board only in goodwill activities pertaining to
spirituous liquor products.))
Sec. 112. RCW 66.24.380 and 2005 c 151 s 10 are each amended to
read as follows:
There ((shall be)) is a retailer's license to be designated as a
special occasion license to be issued to a not-for-profit society or
organization to sell spirits, beer, and wine by the individual serving
for on-premises consumption at a specified event, such as at picnics or
other special occasions, at a specified date and place; fee sixty
dollars per day.
(1) The not-for-profit society or organization is limited to sales
of no more than twelve calendar days per year. For the purposes of this
subsection, special occasion licensees that are "agricultural area
fairs" or "agricultural county, district, and area fairs," as defined
by RCW 15.76.120, that receive a special occasion license may, once per
calendar year, count as one event fairs that last multiple days, so
long as alcohol sales are at set dates, times, and locations, and the
board receives prior notification of the dates, times, and locations.
The special occasion license applicant will pay the sixty dollars per
day for this event.
(2) The licensee may sell spirits, beer, and/or wine in original,
unopened containers for off-premises consumption if permission is
obtained from the board prior to the event.
(3) Sale, service, and consumption of spirits, beer, and wine is to
be confined to specified premises or designated areas only.
(4) ((Spirituous)) Liquor sold under this special occasion license
must be purchased ((at a state liquor store or contract liquor store
without discount at retail prices, including all taxes)) from a
licensee of the board.
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(5) Any violation of this section is a class 1 civil infraction
having a maximum penalty of two hundred fifty dollars as provided for
in chapter 7.80 RCW.
Sec. 113. RCW 66.28.030 and 2004 c 160 s 10 are each amended to
read as follows:
Every domestic distillery, brewery, and microbrewery, domestic
winery, certificate of approval holder, licensed liquor importer,
licensed wine importer, and licensed beer importer ((shall be)) is
responsible for the conduct of any licensed spirits, beer, or wine
distributor in selling, or contracting to sell, to retail licensees,
spirits, beer, or wine manufactured by such domestic distillery,
brewery, microbrewery, domestic winery, manufacturer holding a
certificate of approval, sold by an authorized representative holding a
certificate of approval, or imported by such liquor, beer, or wine
importer. Where the board finds that any licensed spirits, beer, or
wine distributor has violated any of the provisions of this title or of
the regulations of the board in selling or contracting to sell spirits,
beer, or wine to retail licensees, the board may, in addition to any
punishment inflicted or imposed upon such distributor, prohibit the
sale of the brand or brands of spirits, beer, or wine involved in such
violation to any or all retail licensees within the trade territory
usually served by such distributor for such period of time as the board
may fix, irrespective of whether the distiller manufacturing such
spirits or the liquor importer importing such spirits, brewer
manufacturing such beer or the beer importer importing such beer, or
the domestic winery manufacturing such wine or the wine importer
importing such wine or the certificate of approval holder manufacturing
such spirits, beer, or wine or acting as authorized representative
actually participated in such violation.
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Sec. 114. RCW 66.24.540 and 1999 c 129 s 1 are each amended to read
as follows:
(1) There ((shall be)) is a retailer's license to be designated as a
motel license. The motel license may be issued to a motel regardless of
whether it holds any other class of license under this title. No
license may be issued to a motel offering rooms to its guests on an
hourly basis. The license authorizes the licensee to:
(((1))) (a) Sell, at retail, in locked honor bars, spirits in
individual bottles not to exceed fifty milliliters, beer in individual
cans or bottles not to exceed twelve ounces, and wine in individual
bottles not to exceed one hundred eighty-seven milliliters, to
registered guests of the motel for consumption in guest rooms.
(((a))) (i) Each honor bar must also contain snack foods. No more
than one-half of the guest rooms may have honor bars.
(((b))) (ii) All spirits to be sold under the license must be
purchased from a spirits retailer or a spirits distributor licensee of
the board.
(((c))) (iii) The licensee ((shall)) must require proof of age from
the guest renting a guest room and requesting the use of an honor bar.
The guest ((shall)) must also execute an affidavit verifying that no
one under twenty-one years of age ((shall have)) has access to the
spirits, beer, and wine in the honor bar.
(((2))) (b) Provide without additional charge, to overnight guests
of the motel, spirits, beer, and wine by the individual serving for onpremises
consumption at a specified regular date, time, and place as
may be fixed by the board. Self-service by attendees is prohibited. All
spirits, beer, and wine service must be done by an alcohol server as
defined in RCW 66.20.300 and comply with RCW 66.20.310.
(2) The annual fee for a motel license is five hundred dollars.
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(3) For the purposes of this section, "motel" ((as used in this
section)) means a transient accommodation licensed under chapter 70.62
RCW.
((As used in this section, "spirits," "beer," and "wine" have the
meanings defined in RCW 66.04.010.))
Sec. 115. RCW 66.24.590 and 2011 c 119 s 403 are each amended to
read as follows:
(1) There ((shall be)) is a retailer's license to be designated as
a hotel license. No license may be issued to a hotel offering rooms to
its guests on an hourly basis. Food service provided for room service,
banquets or conferences, or restaurant operation under this license
((shall)) must meet the requirements of rules adopted by the board.
(2) The hotel license authorizes the licensee to:
(a) Sell spirituous liquor, beer, and wine, by the individual
glass, at retail, for consumption on the premises, including mixed
drinks and cocktails compounded and mixed on the premises;
(b) Sell, at retail, from locked honor bars, in individual units,
spirits not to exceed fifty milliliters, beer in individual units not
to exceed twelve ounces, and wine in individual bottles not to exceed
three hundred eighty-five milliliters, to registered guests of the
hotel for consumption in guest rooms. The licensee ((shall)) must
require proof of age from the guest renting a guest room and requesting
the use of an honor bar. The guest ((shall)) must also execute an
affidavit verifying that no one under twenty-one years of age ((shall))
will have access to the spirits, beer, and wine in the honor bar;
(c) Provide without additional charge, to overnight guests,
spirits, beer, and wine by the individual serving for on-premises
consumption at a specified regular date, time, and place as may be
fixed by the board. Self-service by attendees is prohibited;
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(d) Sell beer, including strong beer, wine, or spirits, in the
manufacturer's sealed container or by the individual drink to guests
through room service, or through service to occupants of private
residential units which are part of the buildings or complex of
buildings that include the hotel;
(e) Sell beer, including strong beer, spirits, or wine, in the
manufacturer's sealed container at retail sales locations within the
hotel premises;
(f) Sell beer to a purchaser in a sanitary container brought to the
premises by the purchaser or furnished by the licensee and filled at
the tap in the restaurant area by the licensee at the time of sale;
(g) Sell for on or off-premises consumption, including through room
service and service to occupants of private residential units managed
by the hotel, wine carrying a label exclusive to the hotel license
holder;
(h) Place in guest rooms at check-in, a complimentary bottle of
((beer, including strong beer, or wine)) liquor in a manufacturersealed
container, and make a reference to this service in promotional
material.
(3) If all or any facilities for alcoholic beverage service and the
preparation, cooking, and serving of food are operated under contract
or joint venture agreement, the operator may hold a license separate
from the license held by the operator of the hotel. Food and beverage
inventory used in separate licensed operations at the hotel may not be
shared and ((shall)) must be separately owned and stored by the
separate licensees.
(4) All spirits to be sold under this license must be purchased
from a spirits retailer or spirits distributor licensee of the board.
(5) All on-premise alcoholic beverage service must be done by an
alcohol server as defined in RCW 66.20.300 and must comply with RCW
66.20.310.
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(6)(a) The hotel license allows the licensee to remove from the
liquor stocks at the licensed premises, liquor for sale and service at
event locations at a specified date and place not currently licensed by
the board. If the event is open to the public, it must be sponsored by
a society or organization as defined by RCW 66.24.375. If attendance at
the event is limited to members or invited guests of the sponsoring
individual, society, or organization, the requirement that the sponsor
must be a society or organization as defined by RCW 66.24.375 is
waived.
(b) The holder of this license ((shall)) must, if requested by the
board, notify the board or its designee of the date, time, place, and
location of any event. Upon request, the licensee ((shall)) must
provide to the board all necessary or requested information concerning
the society or organization that will be holding the function at which
the endorsed license will be utilized.
(c) Licensees may cater events on a domestic winery, brewery, or
distillery premises.
(7) The holder of this license or its manager may furnish spirits,
beer, or wine to the licensee's employees who are twenty-one years of
age or older free of charge as may be required for use in connection
with instruction on spirits, beer, and wine. The instruction may
include the history, nature, values, and characteristics of spirits,
beer, or wine, the use of wine lists, and the methods of presenting,
serving, storing, and handling spirits, beer, or wine. The licensee
must use the ((beer or wine)) liquor it obtains under its license for
the sampling as part of the instruction. The instruction must be given
on the premises of the licensee.
(8) Minors may be allowed in all areas of the hotel where
((alcohol)) liquor may be consumed; however, the consumption must be
incidental to the primary use of the area. These areas include, but are
not limited to, tennis courts, hotel lobbies, and swimming pool areas.
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If an area is not a mixed use area, and is primarily used for alcohol
service, the area must be designated and restricted to access by
((minors)) persons of lawful age to purchase liquor.
(9) The annual fee for this license is two thousand dollars.
(10) As used in this section, "hotel," "spirits," "beer," and
"wine" have the meanings defined in RCW 66.24.410 and 66.04.010.
Sec. 116. RCW 66.28.040 and 2011 c 186 s 4, 2011 c 119 s 207, and
2011 c 62 s 4 are each reenacted and amended to read as follows:
Except as permitted by the board under RCW 66.20.010, no domestic
brewery, microbrewery, distributor, distiller, domestic winery,
importer, rectifier, certificate of approval holder, or other
manufacturer of liquor ((shall)) may, within the state of Washington,
give to any person any liquor; but nothing in this section nor in RCW
66.28.305 prevents a domestic brewery, microbrewery, distributor,
domestic winery, distiller, certificate of approval holder, or importer
from furnishing samples of beer, wine, or spirituous liquor to
authorized licensees for the purpose of negotiating a sale, in
accordance with regulations adopted by the liquor control board,
provided that the samples are subject to taxes imposed by RCW 66.24.290
and 66.24.210((, and in the case of spirituous liquor, any product used
for samples must be purchased at retail from the board; nothing in this
section shall prevent the furnishing of samples of liquor to the board
for the purpose of negotiating the sale of liquor to the state liquor
control board)); nothing in this section ((shall)) prevents a domestic
brewery, microbrewery, domestic winery, distillery, certificate of
approval holder, or distributor from furnishing beer, wine, or
spirituous liquor for instructional purposes under RCW 66.28.150;
nothing in this section ((shall)) prevents a domestic winery,
certificate of approval holder, or distributor from furnishing wine
without charge, subject to the taxes imposed by RCW 66.24.210, to a
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not-for-profit group organized and operated solely for the purpose of
enology or the study of viticulture which has been in existence for at
least six months and that uses wine so furnished solely for such
educational purposes or a domestic winery, or an out-of-state
certificate of approval holder, from furnishing wine without charge or
a domestic brewery, or an out-of-state certificate of approval holder,
from furnishing beer without charge, subject to the taxes imposed by
RCW 66.24.210 or 66.24.290, or a domestic distiller licensed under RCW
66.24.140 or an accredited representative of a distiller, manufacturer,
importer, or distributor of spirituous liquor licensed under RCW
66.24.310, from furnishing spirits without charge, to a nonprofit
charitable corporation or association exempt from taxation under
((section)) 26 U.S.C. Sec. 501(c)(3) or (6) of the internal revenue
code of 1986 (((26 U.S.C. Sec. 501(c)(3) or (6)))) for use consistent
with the purpose or purposes entitling it to such exemption; nothing in
this section ((shall)) prevents a domestic brewery or microbrewery from
serving beer without charge, on the brewery premises; nothing in this
section ((shall)) prevents donations of wine for the purposes of RCW
66.12.180; nothing in this section ((shall)) prevents a domestic winery
from serving wine without charge, on the winery premises; nothing in
this section ((shall)) prevents a craft distillery from serving spirits
without charge, on the distillery premises subject to RCW 66.24.145;
nothing in this section prohibits spirits sampling under chapter 186,
Laws of 2011; and nothing in this section ((shall)) prevents a winery
or microbrewery from serving samples at a farmers market under section
1, chapter 62, Laws of 2011.
Sec. 117. RCW 66.28.060 and 2008 c 94 s 7 are each amended to read
as follows:
Every distillery licensed under this title ((shall)) must make
monthly reports to the board pursuant to the regulations. ((No such
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distillery shall make any sale of spirits within the state of
Washington except to the board and as provided in RCW 66.24.145.))
Sec. 118. RCW 66.28.070 and 2006 c 302 s 8 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, it
((shall be)) is unlawful for any retail spirits, beer, or wine licensee
to purchase spirits, beer, or wine, except from a duly licensed
distributor, domestic winery, domestic brewer, or certificate of
approval holder with a direct shipment endorsement((, or the board)).
(2)(a) A spirits, beer, or wine retailer ((licensee)) may purchase
spirits, beer, or wine:
(i) From a government agency ((which)) that has lawfully seized
((beer or wine from)) liquor possessed by a licensed ((beer))
distributor or ((wine)) retailer((, or));
(ii) From a board-authorized ((retailer)) manufacturer or
certificate holder authorized by this title to act as a distributor of
liquor((, or));
(iii) From a licensed retailer which has discontinued business if
the distributor has refused to accept spirits, beer, or wine from that
retailer for return and refund((. Beer and wine));
(iv) From a retailer whose license or license endorsement permits
resale to a retailer of wine and/or spirits for consumption on the
premises, if the purchasing retailer is authorized to sell such wine
and/or spirits.
(b) Goods purchased under this subsection ((shall)) (2) must meet
the quality standards set by ((its)) the manufacturer of the goods.
(3) Special occasion licensees holding a special occasion license
may only purchase spirits, beer, or wine from a spirits, beer, or wine
retailer duly licensed to sell spirits, beer, or wine for off-premises
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consumption, ((the board,)) or from a duly licensed spirits, beer, or
wine distributor.
Sec. 119. RCW 66.28.170 and 2004 c 160 s 17 are each amended to
read as follows:
It is unlawful for a manufacturer of spirits, wine, or malt
beverages holding a certificate of approval ((issued under RCW
66.24.270 or 66.24.206)) or the manufacturer's authorized
representative, a distillery, brewery, or a domestic winery to
discriminate in price in selling to any purchaser for resale in the
state of Washington. Price differentials for sales of spirits or wine
based upon competitive conditions, costs of servicing a purchaser's
account, efficiencies in handling goods, or other bona fide business
factors, to the extent the differentials are not unlawful under trade
regulation laws applicable to goods of all kinds, do not violate this
section.
NEW SECTION. Sec. 120. A new section is added to chapter 66.28 RCW
to read as follows:
(1) No price for spirits sold in the state by a distributor or
other licensee acting as a distributor pursuant to this title may be
below acquisition cost unless the item sold below acquisition cost has
been stocked by the seller for a period of at least six months. The
seller may not restock the item for a period of one year following the
first effective date of such below cost price.
(2) Spirits sold to retailers for resale for consumption on or off
the licensed premises may be delivered to the retailer's licensed
premises, to a location specified by the retailer and approved for
deliveries by the board, or to a carrier engaged by either party to the
transaction.
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(3) In selling spirits to another retailer, to the extent
consistent with the purposes of this act, a spirits retail licensee
must comply with all provisions of and regulations under this title
applicable to wholesale distributors selling spirits to retailers.
(4) A distiller holding a license or certificate of compliance as a
distiller under this title may act as distributor in the state of
spirits of its own production or of foreign-produced spirits it is
entitled to import. The distiller must, to the extent consistent with
the purposes of this act, comply with all provisions of and regulations
under this title applicable to wholesale distributors selling spirits
to retailers.
(5) With respect to any alleged violation of this title by sale of
spirits at a discounted price, all defenses under applicable trade
regulation laws are available, including without limitation good faith
meeting of a competitor's lawful price and absence of harm to
competition.
(6) Notwithstanding any other provision of law, no licensee may
import, purchase, distribute, or accept delivery of any wine that is
produced outside of the United States or any distilled spirits without
the written consent of the brand owner or its authorized agent.
Sec. 121. RCW 66.28.180 and 2009 c 506 s 10 are each amended to
read as follows:
(1) Beer and/or wine distributors.
(a) Every beer ((or wine)) distributor ((shall)) must maintain at
its liquor-licensed location a price list showing the wholesale prices
at which any and all brands of beer ((and wine)) sold by ((such beer
and/or wine)) the distributor ((shall be)) are sold to retailers within
the state.
(b) Each price list ((shall)) must set forth:
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(i) All brands, types, packages, and containers of beer ((or wine))
offered for sale by ((such beer and/or wine)) the distributor; and
(ii) The wholesale prices thereof to retail licensees, including
allowances, if any, for returned empty containers.
(c) No beer ((and/or wine)) distributor may sell or offer to sell
any package or container of beer ((or wine)) to any retail licensee at
a price differing from the price for such package or container as shown
in the price list, according to rules adopted by the board.
(d) Quantity discounts of sales prices of beer are prohibited. No
distributor's sale price of beer may be below the distributor's
acquisition cost.
(e) Distributor prices below acquisition cost on a "close-out" item
((shall be)) are allowed if the item to be discontinued has been listed
for a period of at least six months, and upon the further condition
that the distributor who offers such a close-out price ((shall)) may
not restock the item for a period of one year following the first
effective date of such close-out price.
(f) Any beer ((and/or wine)) distributor ((or employee authorized
by the distributor-employer)) may sell beer ((and/or wine)) at the
distributor's listed prices to any annual or special occasion retail
licensee upon presentation to the distributor ((or employee)) at the
time of purchase or delivery of an original or facsimile license or a
special permit issued by the board to such licensee.
(g) Every annual or special occasion retail licensee, upon
purchasing any beer ((and/or wine)) from a distributor, ((shall)) must
immediately cause such beer ((or wine)) to be delivered to the licensed
premises, and the licensee ((shall)) may not thereafter permit such
beer to be disposed of in any manner except as authorized by the
license.
(h) Beer ((and wine)) sold as provided in this section ((shall))
must be delivered by the distributor or an authorized employee either
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to the retailer's licensed premises or directly to the retailer at the
distributor's licensed premises. When a ((domestic winery,)) brewery,
microbrewery, or certificate of approval holder with a direct shipping
endorsement is acting as a distributor of beer of its own production, a
licensed retailer may contract with a common carrier to obtain the
((product)) beer directly from the ((domestic winery,)) brewery,
microbrewery, or certificate of approval holder with a direct shipping
endorsement. A distributor's prices to retail licensees ((shall)) for
beer must be the same at both such places of delivery. Wine sold to
retailers must be delivered to the retailer's licensed premises, to a
location specified by the retailer and approved for deliveries by the
board, or to a carrier engaged by either party to the transaction.
(2) Beer ((and wine)) suppliers' contracts and memoranda.
(a) Every domestic brewery, microbrewery, ((domestic winery,))
certificate of approval holder, and beer and/or wine importer offering
beer ((and/or wine)) for sale to distributors within the state and any
beer ((and/or wine)) distributor who sells to other beer ((and/or
wine)) distributors ((shall)) must maintain at its liquor-licensed
location a beer price list and a copy of every written contract and a
memorandum of every oral agreement which such brewery ((or winery)) may
have with any beer ((or wine)) distributor for the supply of beer,
which contracts or memoranda ((shall)) must contain:
(i) All advertising, sales and trade allowances, and incentive
programs; and
(ii) All commissions, bonuses or gifts, and any and all other
discounts or allowances.
(b) Whenever changed or modified, such revised contracts or
memoranda ((shall)) must also be maintained at its liquor licensed
location.
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(c) Each price list ((shall)) must set forth all brands, types,
packages, and containers of beer ((or wine)) offered for sale by such
((licensed brewery or winery)) supplier.
(d) Prices of a domestic brewery, microbrewery, ((domestic
winery,)) or certificate of approval holder ((shall)) for beer must be
uniform prices to all distributors or retailers on a statewide basis
less bona fide allowances for freight differentials. Quantity discounts
of suppliers' prices for beer are prohibited. No price ((shall)) may be
below the supplier's acquisition((/)) or production cost.
(e) A domestic brewery, microbrewery, ((domestic winery,))
certificate of approval holder, ((beer or wine)) importer, or ((beer or
wine)) distributor acting as a supplier to another distributor must
file ((a distributor appointment)) with the board a list of all
distributor licensees of the board to which it sells or offers to sell
beer.
(f) No domestic brewery, microbrewery, ((domestic winery,)) or
certificate of approval holder may sell or offer to sell any package or
container of beer ((or wine)) to any distributor at a price differing
from the price list for such package or container as shown in the price
list of the domestic brewery, microbrewery, ((domestic winery,)) or
certificate of approval holder and then in effect, according to rules
adopted by the board.
(3) In selling wine to another retailer, to the extent consistent with
the purposes of this act, a grocery store licensee with a reseller
endorsement must comply with all provisions of and regulations under
this title applicable to wholesale distributors selling wine to
retailers.
(4) With respect to any alleged violation of this title by sale of
wine at a discounted price, all defenses under applicable trade
regulation laws are available including, without limitation, good faith
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meeting of a competitor's lawful price and absence of harm to
competition.
Sec. 122. RCW 66.28.190 and 2003 c 168 s 305 are each amended to
read as follows:
((RCW 66.28.010)) (1) Any other provision of this title
notwithstanding, persons licensed under ((RCW 66.24.200 as wine
distributors and persons licensed under RCW 66.24.250 as beer
distributors)) this title to sell liquor for resale may sell at
wholesale nonliquor food and food ingredients on thirty-day credit
terms to persons licensed as retailers under this title, but complete
and separate accounting records ((shall)) must be maintained on all
sales of nonliquor food and food ingredients to ensure that such
persons are in compliance with ((RCW 66.28.010)) this title.
(2) For the purpose of this section, "nonliquor food and food
ingredients" includes, without limitation, all food and food
ingredients for human consumption as defined in RCW 82.08.0293 as it
((exists)) existed on July 1, 2004.
NEW SECTION. Sec. 123. A new section is added to chapter 66.28 RCW
to read as follows:
A retailer authorized to sell wine may accept delivery of wine at
its licensed premises or at one or more warehouse facilities registered
with the board, which facilities may also warehouse and distribute
nonliquor items, and from which it may deliver to its own licensed
premises and, pursuant to sales permitted by this title, to other
licensed retailers, to other registered facilities, or to lawful
purchasers outside the state; such facilities may be registered and
utilized by associations, cooperatives, or comparable groups of
retailers including at least one retailer licensed to sell wine. A
restaurant retailer authorized to sell spirits may accept delivery of
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spirits at its licensed premises or at one or more warehouse facilities
registered with the board, which facilities may also warehouse and
distribute nonliquor items, from which it may deliver to its own
licensed premises and, pursuant to sales permitted by this title, to
other licensed retailers, to other registered facilities, or to lawful
purchasers outside the state; such facilities may be registered and
utilized by associations, cooperatives, or comparable groups of
retailers including at least one restaurant retailer licensed to sell
spirits. Nothing in this section authorizes sales of spirits or wine by
a retailer holding only an on-sale privilege to another retailer.
Sec. 124. RCW 66.28.280 and 2009 c 506 s 1 are each amended to read
as follows:
((The legislature recognizes that Washington's current three-tier
system, where the functions of manufacturing, distributing, and
retailing are distinct and the financial relationships and business
transactions between entities in these tiers are regulated, is a
valuable system for the distribution of beer and wine.)) The
legislature ((further)) recognizes that the historical total
prohibition on ownership of an interest in one tier by a person with an
ownership interest in another tier, as well as the historical
restriction on financial incentives and business relationships between
tiers, is unduly restrictive. The legislature finds the ((modifications
contained in chapter 506, Laws of 2009 are appropriate, because the
modifications)) provisions of RCW 66.28.285 through 66.28.320
appropriate for all varieties of liquor, because they do not
impermissibly interfere with ((the goals of orderly marketing of
alcohol in the state, encouraging moderation in consumption of alcohol
by the citizens of the state,)) protecting the public interest and
advancing public safety by preventing the use and consumption of
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alcohol by minors and other abusive consumption, and promoting the
efficient collection of taxes by the state.
NEW SECTION. Sec. 125. A new section is added to chapter 66.04 RCW
to read as follows:
In this title, unless the context otherwise requires:
(1) "Retailer" except as expressly defined by RCW
66.28.285(5) with respect to its use in RCW 6.28280 through 66.28.315,
means the holder of a license or permit issued by the board authorizing
sale of liquor to consumers for consumption on and/or off the premises.
With respect to retailer licenses, "on-sale" refers to the license
privilege of selling for consumption upon the licensed premises.
(2) "Spirits distributor" means a person, other than a
person who holds only a retail license, who buys spirits from a
domestic distiller, manufacturer, supplier, spirits distributor, or
spirits importer, or who acquires foreign-produced spirits from a
source outside of the United States, for the purpose of reselling the
same not in violation of this title, or who represents such distiller
as agent.
(3) "Spirits importer" means a person who buys distilled
spirits from a distiller outside the state of Washington and imports
such spirits into the state for sale or export.
PART II
LIQUOR CONTROL BOARD--DISCONTINUING RETAIL SALES--TECHNICAL CHANGES
Sec. 201. RCW 43.19.19054 and 1975-'76 2nd ex.s. c 21 s 7 are each
amended to read as follows:
The provisions of RCW 43.19.1905 ((shall)) do not apply to
materials, supplies, and equipment purchased for resale to other than
public agencies by state agencies, including educational institutions.
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((In addition, RCW 43.19.1905 shall not apply to liquor purchased by
the state for resale under the provisions of Title 66 RCW.))
Sec. 202. RCW 66.08.020 and 1933 ex.s. c 62 s 5 are each amended to
read as follows:
The administration of this title((, including the general control,
management and supervision of all liquor stores, shall be)) is vested
in the liquor control board, constituted under this title.
Sec. 203. RCW 66.08.026 and 2008 c 67 s 1 are each amended to read
as follows:
Administrative expenses of the board ((shall)) must be appropriated
and paid from the liquor revolving fund. These administrative expenses
((shall)) include, but not be limited to: The salaries and expenses of
the board and its employees, ((the cost of opening additional state
liquor stores and warehouses,)) legal services, pilot projects, annual
or other audits, and other general costs of conducting the business of
the board. The administrative expenses ((shall)) do not include ((costs
of liquor and lottery tickets purchased, the cost of transportation and
delivery to the point of distribution, the cost of operating,
maintaining, relocating, and leasing state liquor stores and
warehouses, other costs pertaining to the acquisition and receipt of
liquor and lottery tickets, agency commissions for contract liquor
stores, transaction fees associated with credit or debit card purchases
for liquor in state liquor stores and in contract liquor stores
pursuant to RCW 66.16.040 and 66.16.041, sales tax, and)) those amounts
distributed pursuant to RCW 66.08.180, 66.08.190, 66.08.200, or
66.08.210 ((and 66.08.220)). Agency commissions for contract liquor
stores ((shall)) must be established by the liquor control board after
consultation with and approval by the director of the office of
financial management. All expenditures and payment of obligations
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authorized by this section are subject to the allotment requirements of
chapter 43.88 RCW.
Sec. 204. RCW 66.08.030 and 2002 c 119 s 2 are each amended to read
as follows:
(((1) For the purpose of carrying into effect the provisions of
this title according to their true intent or of supplying any
deficiency therein, the board may make such regulations not
inconsistent with the spirit of this title as are deemed necessary or
advisable. All regulations so made shall be a public record and shall
be filed in the office of the code reviser, and thereupon shall have
the same force and effect as if incorporated in this title. Such
regulations, together with a copy of this title, shall be published in
pamphlets and shall be distributed as directed by the board.
(2) Without thereby limiting the generality of the provisions
contained in subsection (1), it is declared that)) The power of the
board to make regulations ((in the manner set out in that subsection
shall)) under chapter 34.05 RCW extends to
(((a) regulating the equipment and management of stores and
warehouses in which state liquor is sold or kept, and prescribing the
books and records to be kept therein and the reports to be made thereon
to the board;
(b))):
(1) Prescribing the duties of the employees of the board, and
regulating their conduct in the discharge of their duties;
(((c) governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;
(d) determining the classes, varieties, and brands of liquor to be
kept for sale at any store;
(e) prescribing, subject to RCW 66.16.080, the hours during which
the state liquor stores shall be kept open for the sale of liquor;
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(f) providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of liquor
kept for sale under this title;
(g))) (2) Prescribing an official seal and official labels and
stamps and determining the manner in which they ((shall)) must be
attached to every package of liquor sold or sealed under this title,
including the prescribing of different official seals or different
official labels for different classes of liquor;
(((h) providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;
(i))) (3) Prescribing forms to be used for purposes of this title
or the regulations, and the terms and conditions to be contained in
permits and licenses issued under this title, and the qualifications
for receiving a permit or license issued under this title, including a
criminal history record information check. The board may submit the
criminal history record information check to the Washington state
patrol and to the identification division of the federal bureau of
investigation in order that these agencies may search their records for
prior arrests and convictions of the individual or individuals who
filled out the forms. The board ((shall)) must require fingerprinting
of any applicant whose criminal history record information check is
submitted to the federal bureau of investigation;
(((j))) (4) Prescribing the fees payable in respect of permits and
licenses issued under this title for which no fees are prescribed in
this title, and prescribing the fees for anything done or permitted to
be done under the regulations;
(((k))) (5) Prescribing the kinds and quantities of liquor which
may be kept on hand by the holder of a special permit for the purposes
named in the permit, regulating the manner in which the same ((shall
be)) is kept and disposed of, and providing for the inspection of the
same at any time at the instance of the board;
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(((l))) (6) Regulating the sale of liquor kept by the holders of
licenses which entitle the holder to purchase and keep liquor for sale;
(((m))) (7) Prescribing the records of purchases or sales of liquor
kept by the holders of licenses, and the reports to be made thereon to
the board, and providing for inspection of the records so kept;
(((n))) (8) Prescribing the kinds and quantities of liquor for
which a prescription may be given, and the number of prescriptions
which may be given to the same patient within a stated period;
(((o))) (9) Prescribing the manner of giving and serving notices
required by this title or the regulations, where not otherwise provided
for in this title;
(((p))) (10) Regulating premises in which liquor is kept for export
from the state, or from which liquor is exported, prescribing the books
and records to be kept therein and the reports to be made thereon to
the board, and providing for the inspection of the premises and the
books, records and the liquor so kept;
(((q))) (11) Prescribing the conditions and qualifications
requisite for the obtaining of club licenses and the books and records
to be kept and the returns to be made by clubs, prescribing the manner
of licensing clubs in any municipality or other locality, and providing
for the inspection of clubs;
(((r))) (12) Prescribing the conditions, accommodations, and
qualifications requisite for the obtaining of licenses to sell beer
((and)), wines, and spirits, and regulating the sale of beer ((and)),
wines, and spirits thereunder;
(((s))) (13) Specifying and regulating the time and periods when,
and the manner, methods and means by which manufacturers ((shall)) must
deliver liquor within the state; and the time and periods when, and the
manner, methods and means by which liquor may lawfully be conveyed or
carried within the state;
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(((t))) (14) Providing for the making of returns by brewers of
their sales of beer shipped within the state, or from the state,
showing the gross amount of such sales and providing for the inspection
of brewers' books and records, and for the checking of the accuracy of
any such returns;
(((u))) (15) Providing for the making of returns by the wholesalers
of beer whose breweries are located beyond the boundaries of the state;
(((v))) (16) Providing for the making of returns by any other
liquor manufacturers, showing the gross amount of liquor produced or
purchased, the amount sold within and exported from the state, and to
whom so sold or exported, and providing for the inspection of the
premises of any such liquor manufacturers, their books and records, and
for the checking of any such return;
(((w))) (17) Providing for the giving of fidelity bonds by any or
all of the employees of the board((: PROVIDED, That)). However, the
premiums therefor ((shall)) must be paid by the board;
(((x))) (18) Providing for the shipment ((by mail or common
carrier)) of liquor to any person holding a permit and residing in any
unit which has, by election pursuant to this title, prohibited the sale
of liquor therein;
(((y))) (19) Prescribing methods of manufacture, conditions of
sanitation, standards of ingredients, quality and identity of alcoholic
beverages manufactured, sold, bottled, or handled by licensees and the
board; and conducting from time to time, in the interest of the public
health and general welfare, scientific studies and research relating to
alcoholic beverages and the use and effect thereof;
(((z))) (20) Seizing, confiscating and destroying all alcoholic
beverages manufactured, sold or offered for sale within this state
which do not conform in all respects to the standards prescribed by
this title or the regulations of the board((: PROVIDED,)). However,
nothing herein contained ((shall)) may be construed as authorizing the
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liquor board to prescribe, alter, limit or in any way change the
present law as to the quantity or percentage of alcohol used in the
manufacturing of wine or other alcoholic beverages.
Sec. 205. RCW 66.24.145 and 2010 c 290 s 2 are each amended to read
as follows:
(1) Any craft distillery may sell spirits of its own production for
consumption off the premises, up to two liters per person per day.
((Spirits sold under this subsection must be purchased from the board
and sold at the retail price established by the board.)) A craft
distillery selling spirits under this subsection must comply with the
applicable laws and rules relating to retailers.
(2) Any craft distillery may contract distill spirits for, and sell
contract distilled spirits to, holders of distillers' or manufacturers'
licenses, including licenses issued under RCW 66.24.520, or for export.
(3) Any craft distillery licensed under this section may provide,
free of charge, one-half ounce or less samples of spirits of its own
production to persons on the premises of the distillery. The maximum
total per person per day is two ounces. Every person who participates
in any manner in the service of samples must obtain a class 12 alcohol
server permit. ((Spirits used for samples must be purchased from the
board.))
(4) The board ((shall)) must adopt rules to implement the alcohol
server permit requirement and may adopt additional rules to implement
this section.
(5) Distilling is an agricultural practice.
NEW SECTION. Sec. 206. A new section is added to chapter 66.24 RCW
to read as follows:
Any distiller licensed under this title may act as a retailer
and/or distributor to retailers selling for consumption on or off the
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licensed premises of spirits of its own production, and any
manufacturer, importer, or bottler of spirits holding a certificate of
approval may act as a distributor of spirits it is entitled to import
into the state under such certificate. The board must by rule provide
for issuance of certificates of approval to spirits suppliers. An
industry member operating as a distributor and/or retailer under this
section must comply with the applicable laws and rules relating to
distributors and/or retailers, except that an industry member operating
as a distributor under this section may maintain a warehouse off the
distillery premises for the distribution of spirits of its own
production to spirits retailers within the state, if the warehouse is
within the United States and has been approved by the board.
Sec. 207. RCW 66.24.160 and 1981 1st ex.s. c 5 s 30 are each
amended to read as follows:
A ((liquor)) spirits importer's license may be issued to any
qualified person, firm or corporation, entitling the holder thereof to
import into the state any liquor other than beer or wine; to store the
same within the state, and to sell and export the same from the state;
fee six hundred dollars per annum. Such ((liquor)) spirits importer's
license ((shall be)) is subject to all conditions and restrictions
imposed by this title or by the rules and regulations of the board, and
((shall be)) is issued only upon such terms and conditions as may be
imposed by the board. ((No liquor importer's license shall be required
in sales to the Washington state liquor control board.))
Sec. 208. RCW 66.32.010 and 1955 c 39 s 3 are each amended to read
as follows:
((Except as permitted by)) The board may, ((no liquor shall be kept
or had by any person within this state unless the package in which the
liquor was contained had, while containing that liquor, been)) to the
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extent required to control unlawful diversion of liquor from authorized
channels of distribution, require that packages of liquor transported
within the state be sealed with ((the)) such official seal as may be
adopted by the board, except in the case of:
(1) ((Liquor imported by the board; or
(2))) Liquor manufactured in the state ((for sale to the board or
for export)); or
(((3) Beer,)) (2) Liquor purchased within the state or for shipment
to a consumer within the state in accordance with the provisions of
law; or
(((4))) (3) Wine or beer exempted in RCW 66.12.010.
Sec. 209. RCW 66.44.120 and 2011 c 96 s 46 are each amended to read
as follows:
(1) No person other than an employee of the board ((shall)) may
keep or have in his or her possession any official seal ((prescribed))
adopted by the board under this title, unless the same is attached to a
package ((which has been purchased from a liquor store or contract
liquor store)) in accordance with the law; nor ((shall)) may any person
keep or have in his or her possession any design in imitation of any
official seal prescribed under this title, or calculated to deceive by
its resemblance thereto, or any paper upon which any design in
imitation thereof, or calculated to deceive as aforesaid, is stamped,
engraved, lithographed, printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every person
who willfully violates this section is guilty of a gross misdemeanor
and ((shall be)) is liable on conviction thereof for a first offense to
imprisonment in the county jail for a period of not less than three
months nor more than six months, without the option of the payment of a
fine, and for a second offense, to imprisonment in the county jail for
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not less than six months nor more than three hundred sixty-four days,
without the option of the payment of a fine.
(b) A third or subsequent offense is a class C felony, punishable
by imprisonment in a state correctional facility for not less than one
year nor more than two years.
Sec. 210. RCW 66.44.150 and 1955 c 289 s 5 are each amended to read
as follows:
If any person in this state buys alcoholic beverages from any
person other than ((the board, a state liquor store, or some)) a person
authorized by the board to sell ((them, he shall be)) alcoholic
beverages, he or she is guilty of a misdemeanor.
Sec. 211. RCW 66.44.340 and 1999 c 281 s 11 are each amended to
read as follows:
(1) Employers holding grocery store or beer and/or wine specialty shop
licenses exclusively are permitted to allow their employees, between
the ages of eighteen and twenty-one years, to sell, stock, and handle
((beer or wine)) liquor in, on or about any establishment holding a
((grocery store or beer and/or wine specialty shop)) license
((exclusively: PROVIDED, That)) to sell such liquor, if:
(a) There is an adult twenty-one years of age or older on duty
supervising the sale of liquor at the licensed premises((: PROVIDED,
That)); and
(b) In the case of spirits, there are at least two adults twentyone
years of age or older on duty supervising the sale of spirits at
the licensed premises.
(2) Employees under twenty-one years of age may make deliveries of
beer and/or wine purchased from licensees holding grocery store or beer
and/or wine specialty shop licenses exclusively, when delivery is made
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to cars of customers adjacent to such licensed premises but only,
however, when the underage employee is accompanied by the purchaser.
Sec. 212. RCW 19.126.010 and 2003 c 59 s 1 are each amended to read
as follows:
(1) The legislature recognizes that both suppliers and wholesale
distributors of malt beverages and spirits are interested in the goal
of best serving the public interest through the fair, efficient, and
competitive distribution of such beverages. The legislature encourages
them to achieve this goal by:
(a) Assuring the wholesale distributor's freedom to manage the
business enterprise, including the wholesale distributor's right to
independently establish its selling prices; and
(b) Assuring the supplier and the public of service from wholesale
distributors who will devote their best competitive efforts and
resources to sales and distribution of the supplier's products which
the wholesale distributor has been granted the right to sell and
distribute.
(2) This chapter governs the relationship between suppliers of malt
beverages and spirits and their wholesale distributors to the full
extent consistent with the Constitution and laws of this state and of
the United States.
Sec. 213. RCW 19.126.020 and 2009 c 155 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract, agreement,
commercial relationship, license, association, or any other
arrangement, for a definite or indefinite period, between a supplier
and distributor.
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(2) "Authorized representative" has the same meaning as "authorized
representative" as defined in RCW 66.04.010.
(3) "Brand" means any word, name, group of letters, symbol, or
combination thereof, including the name of the distiller or brewer if
the distiller's or brewer's name is also a significant part of the
product name, adopted and used by a supplier to identify ((a)) specific
spirits or a specific malt beverage product and to distinguish that
product from other spirits or malt beverages produced by that supplier
or other suppliers.
(4) "Distributor" means any person, including but not limited to a
component of a supplier's distribution system constituted as an
independent business, importing or causing to be imported into this
state, or purchasing or causing to be purchased within this state, any
spirits or malt beverages for sale or resale to retailers licensed
under the laws of this state, regardless of whether the business of
such person is conducted under the terms of any agreement with a
distiller or malt beverage manufacturer.
(5) "Importer" means any distributor importing spirits or beer into
this state for sale to retailer accounts or for sale to other
distributors designated as "subjobbers" for resale.
(6) "Malt beverage manufacturer" means every brewer, fermenter,
processor, bottler, or packager of malt beverages located within or
outside this state, or any other person, whether located within or
outside this state, who enters into an agreement of distributorship for
the resale of malt beverages in this state with any wholesale
distributor doing business in the state of Washington.
(7) "Person" means any natural person, corporation, partnership,
trust, agency, or other entity, as well as any individual officers,
directors, or other persons in active control of the activities of such
entity.
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(8) "Spirits manufacturer" means every distiller, processor,
bottler, or packager of spirits located within or outside this state,
or any other person, whether located within or outside this state, who
enters into an agreement of distributorship for the resale of spirits
in this state with any wholesale distributor doing business in the
state of Washington.
(9) "Successor distributor" means any distributor who enters into
an agreement, whether oral or written, to distribute a brand of spirits
or malt beverages after the supplier with whom such agreement is made
or the person from whom that supplier acquired the right to manufacture
or distribute the brand has terminated, canceled, or failed to renew an
agreement of distributorship, whether oral or written, with another
distributor to distribute that same brand of spirits or malt beverages.
(((9))) (10) "Supplier" means any spirits or malt beverage
manufacturer or importer who enters into or is a party to any agreement
of distributorship with a wholesale distributor. "Supplier" does not
include: (a) Any ((domestic)) distiller licensed under RCW 66.24.140 or
66.24.145 and producing less than sixty thousand proof gallons of
spirits annually or any brewery or microbrewery licensed under RCW
66.24.240 and producing less than two hundred thousand barrels of malt
liquor annually; (b) any brewer or manufacturer of malt liquor
producing less than two hundred thousand barrels of malt liquor
annually and holding a certificate of approval issued under RCW
66.24.270; or (c) any authorized representative of distillers or malt
liquor manufacturers who holds an appointment from one or more
distillers or malt liquor manufacturers which, in the aggregate,
produce less than two hundred thousand barrels of malt liquor or sixty
thousand proof gallons of spirits.
(((10))) (11) "Terminated distribution rights" means distribution
rights with respect to a brand of malt beverages which are lost by a
Initiative Measure ________, Page 54
terminated distributor as a result of termination, cancellation, or
nonrenewal of an agreement of distributorship for that brand.
(((11))) (12) "Terminated distributor" means a distributor whose
agreement of distributorship with respect to a brand of spirits or malt
beverages, whether oral or written, has been terminated, canceled, or
not renewed.
Sec. 214. RCW 19.126.040 and 2009 c 155 s 3 are each amended to
read as follows:
Wholesale distributors are entitled to the following protections
which are deemed to be incorporated into every agreement of
distributorship:
(1) Agreements between wholesale distributors and suppliers
((shall)) must be in writing;
(2) A supplier ((shall)) must give the wholesale distributor at
least sixty days prior written notice of the supplier's intent to
cancel or otherwise terminate the agreement, unless such termination is
based on a reason set forth in RCW 19.126.030(5) or results from a
supplier acquiring the right to manufacture or distribute a particular
brand and electing to have that brand handled by a different
distributor. The notice ((shall)) must state all the reasons for the
intended termination or cancellation. Upon receipt of notice, the
wholesale distributor ((shall have)) has sixty days in which to rectify
any claimed deficiency. If the deficiency is rectified within this
sixty-day period, the proposed termination or cancellation is null and
void and without legal effect;
(3) The wholesale distributor may sell or transfer its business, or
any portion thereof, including the agreement, to successors in interest
upon prior approval of the transfer by the supplier. No supplier may
unreasonably withhold or delay its approval of any transfer, including
wholesaler's rights and obligations under the terms of the agreement,
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if the person or persons to be substituted meet reasonable standards
imposed by the supplier;
(4) If an agreement of distributorship is terminated, canceled, or
not renewed for any reason other than for cause, failure to live up to
the terms and conditions of the agreement, or a reason set forth in RCW
19.126.030(5), the wholesale distributor is entitled to compensation
from the successor distributor for the laid-in cost of inventory and
for the fair market value of the terminated distribution rights. For
purposes of this section, termination, cancellation, or nonrenewal of a
distributor's right to distribute a particular brand constitutes
termination, cancellation, or nonrenewal of an agreement of
distributorship whether or not the distributor retains the right to
continue distribution of other brands for the supplier. In the case of
terminated distribution rights resulting from a supplier acquiring the
right to manufacture or distribute a particular brand and electing to
have that brand handled by a different distributor, the affected
distribution rights will not transfer until such time as the
compensation to be paid to the terminated distributor has been finally
determined by agreement or arbitration;
(5) When a terminated distributor is entitled to compensation under
subsection (4) of this section, a successor distributor must compensate
the terminated distributor for the fair market value of the terminated
distributor's rights to distribute the brand, less any amount paid to
the terminated distributor by a supplier or other person with respect
to the terminated distribution rights for the brand. If the terminated
distributor's distribution rights to a brand of spirits or malt
beverages are divided among two or more successor distributors, each
successor distributor must compensate the terminated distributor for
the fair market value of the distribution rights assumed by that
successor distributor, less any amount paid to the terminated
distributor by a supplier or other person with respect to the
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terminated distribution rights assumed by the successor distributor. A
terminated distributor may not receive total compensation under this
subsection that exceeds the fair market value of the terminated
distributor's distribution rights with respect to the affected brand.
Nothing in this section ((shall)) may be construed to require any
supplier or other third person to make any payment to a terminated
distributor;
(6) For purposes of this section, the "fair market value" of
distribution rights as to a particular brand means the amount that a
willing buyer would pay and a willing seller would accept for such
distribution rights when neither is acting under compulsion and both
have knowledge of all facts material to the transaction. "Fair market
value" is determined as of the date on which the distribution rights
are to be transferred in accordance with subsection (4) of this
section;
(7) In the event the terminated distributor and the successor
distributor do not agree on the fair market value of the affected
distribution rights within thirty days after the terminated distributor
is given notice of termination, the matter must be submitted to binding
arbitration. Unless the parties agree otherwise, such arbitration must
be conducted in accordance with the American arbitration association
commercial arbitration rules with each party to bear its own costs and
attorneys' fees;
(8) Unless the parties otherwise agree, or the arbitrator for good
cause shown orders otherwise, an arbitration conducted pursuant to
subsection (7) of this section must proceed as follows: (a) The notice
of intent to arbitrate must be served within forty days after the
terminated distributor receives notice of terminated distribution
rights; (b) the arbitration must be conducted within ninety days after
service of the notice of intent to arbitrate; and (c) the arbitrator or
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arbitrators must issue an order within thirty days after completion of
the arbitration;
(9) In the event of a material change in the terms of an agreement
of distribution, the revised agreement must be considered a new
agreement for purposes of determining the law applicable to the
agreement after the date of the material change, whether or not the
agreement of distribution is or purports to be a continuing agreement
and without regard to the process by which the material change is
effected.
NEW SECTION. Sec. 215. The following acts or parts of acts are each
repealed:
(1) RCW 66.08.070 (Purchase of liquor by board--Consignment not
prohibited--Warranty or affirmation not required for wine or malt
purchases) and 1985 c 226 s 2, 1973 1st ex.s. c 209 s 1, & 1933 ex.s. c
62 s 67;
(2) RCW 66.08.075 (Officer, employee not to represent manufacturer,
wholesaler in sale to board) and 1937 c 217 s 5;
(3) RCW 66.08.160 (Acquisition of warehouse authorized) and 1947 c
134 s 1;
(4) RCW 66.08.165 (Strategies to improve operational efficiency and
revenue) and 2005 c 231 s 1;
(5) RCW 66.08.166 (Sunday sales authorized--Store selection and
other requirements) and 2005 c 231 s 2;
(6) RCW 66.08.167 (Sunday sales--Store selection) and 2005 c 231 s
4;
(7) RCW 66.08.220 (Liquor revolving fund--Separate account--
Distribution) and 2011 c 325 s 8, 2009 c 271 s 4, 2007 c 370 s 15, 1999
c 281 s 2, & 1949 c 5 s 11;
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(8) RCW 66.08.235 (Liquor control board construction and
maintenance account) and 2011 c 5 s 918, 2005 c 151 s 4, 2002 c 371 s
918, & 1997 c 75 s 1;
(9) RCW 66.16.010 (Board may establish--Price standards--Prices in
special instances) and 2005 c 518 s 935, 2003 1st sp.s. c 25 s 928,
1939 c 172 s 10, 1937 c 62 s 1, & 1933 ex.s. c 62 s 4;
(10) RCW 66.16.040 (Sales of liquor by employees--Identification
cards--Permit holders--Sales for cash--Exception) and 2005 c 206 s 1,
2005 c 151 s 5, 2005 c 102 s 1, 2004 c 61 s 1, 1996 c 291 s 1, 1995 c
16 s 1, 1981 1st ex.s. c 5 s 8, 1979 c 158 s 217, 1973 1st ex.s. c 209
s 3, 1971 ex.s. c 15 s 1, 1959 c 111 s 1, & 1933 ex.s. c 62 s 7;
(11) RCW 66.16.041 (Credit and debit card purchases--Rules--
Provision, installation, maintenance of equipment by board--
Consideration of offsetting liquor revolving fund balance reduction)
and 2011 1st sp.s. c ... (ESSB 5921) s 16, 2005 c 151 s 6, 2004 c 63 s
2, 1998 c 265 s 3, 1997 c 148 s 2, & 1996 c 291 s 2;
(12) RCW 66.16.050 (Sale of beer and wine to person licensed to
sell) and 1933 ex.s. c 62 s 8;
(13) RCW 66.16.060 (Sealed packages may be required, exception) and
1943 c 216 s 1 & 1933 ex.s. c 62 s 9;
(14) RCW 66.16.070 (Liquor cannot be opened or consumed on store
premises) and 2011 c 186 s 3 & 1933 ex.s. c 62 s 10;
(15) RCW 66.16.100 (Fortified wine sales) and 1997 c 321 s 42 &
1987 c 386 s 5;
(16) RCW 66.16.110 (Birth defects from alcohol--Warning required)
and 1993 c 422 s 2;
(17) RCW 66.16.120 (Employees working on Sabbath) and 2005 c 231 s
5; and
(18) RCW 66.28.045 (Furnishing samples to board--Standards for
accountability--Regulations) and 1975 1st ex.s. c 173 s 9.
Initiative Measure ________, Page 59
NEW SECTION. Sec. 216. The following acts or parts of acts are each
repealed:
(1) ESSB 5942 ss 1 through 6, as later assigned a session law
number and/or codified;
(2) ESSB 5942 ss 7 through 10, as later assigned a session law
number; and
(3) Any act or part of act relating to the warehousing and
distribution of liquor, including the lease of the state's liquor
warehousing and distribution facilities, adopted subsequent to May 25,
2011 in any 2011 special session.
PART III
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 301. This act does not increase any tax, create
any new tax, or eliminate any tax. Section 106 of this act applies to
spirits licensees upon the effective date of this section, but all
taxes presently imposed by RCW 82.08.150 on sales of spirits by or on
behalf of the liquor control board continue to apply so long as the
liquor control board makes any such sales.
NEW SECTION. Sec. 302. A new section is added to chapter 66.24 RCW
to read as follows:
The distribution of spirits license fees under sections 103 and 105
of this act through the liquor revolving fund to border areas,
counties, cities, towns, and the municipal research center must be made
in a manner that provides that each category of recipients receive, in
the aggregate, no less than it received from the liquor revolving fund
during comparable periods prior to the effective date of this section.
An additional distribution of ten million dollars per year from the
spirits license fees must be provided to border areas, counties,
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cities, and towns through the liquor revolving fund for the purpose of
enhancing public safety programs.
NEW SECTION. Sec. 303. The department of revenue must develop rules
and procedures to address claims that this act unconstitutionally
impairs any contract with the state and to provide a means for
reasonable compensation of claims it finds valid, funded first from
revenues based on spirits licensing and sale under this act.
NEW SECTION. Sec. 304. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of this act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 305. This act takes effect upon approval by the
voters. Section 216, subsections (1) and (2) of this act take effect if
Engrossed Substitute House Bill No. 5942 is enacted by the legislature
in 2011 and the bill, or any portion of it, becomes law. Section 216,
subsection (3) of this act takes effect if any act or part of an act
relating to the warehousing and distribution of liquor, including the
lease of the state's liquor warehousing and distribution facilities, is
adopted subsequent to May 25, 2011 in any 2011 special session.


/\/\Carla/\/\

6 comments:

  1. Distributors will be able to start selling March 1st 2012, then on June 1st 2012 large retailers like Costco can start selling liquor.

    ReplyDelete
  2. With the passage of Initiative 1183, the Washington State Liquor Control Board (WSLCB) will cease state liquor store and liquor distribution operations by June 1, 2012. Contract liquor stores - which are operated by small business owners - may continue to sell spirits, but state-run liquor stores will be closed. The Seattle Distribution Center - which supplies state and contract liquor stores with spirits - and its assets will be sold.

    The private sector will be allowed to sell and distribute spirits with the proper liquor licenses. Several laws related to the three-tier system will also be changed.

    I-1183 Transition information is located here:
    I-1183 Transition

    or

    http://liq.wa.gov/transition/overview

    ReplyDelete
  3. Washington liquor stores are now closed.

    /\/\Carla/\/\

    ReplyDelete
  4. One thing I have really noticed from all of this now, is that there are more "homeless" looking people at the store now buying liquor. I used to only see these people at the State Liquor stores (or Walmart), and now I am seeing worn out looking alcoholics all over the place when I go to the grocery now.

    Another thing, liquor is more expensive now too, with a big tax on it as well.

    Thanks COSTCO...

    ReplyDelete
  5. This made a huge tax on liquor now. I think it's around 50%. I bought bottles of liquor for Christmas gifts and this was really expensive last year. It's quite shocking how expensive it is now.

    One thing I have noticed at Safeway grocery near me; they have problems of people trying to run outside with liquor. They put the liquor too close to front of store. What were they thinking?

    At Fred Meyer, they now have an employee that sits and watches the liquor aisle. They normally put someone that needs light duty to watch over the area in case of theft. They also have a camera above, but I dont think most people realize that when they are stealing. An actual person sitting there is a better crime deterrent. Unfortunately, it's on same aisle as the organic potato chips and I have to vie for space with liquor buying customers. At least the store put it towards the back of store and next to the bakery area. It still is a straight shot to walk out with it if someone is really motivated to steal.

    ReplyDelete