| Governor Locke
issued an executive order that requires state agencies to review all of their existing
rules, as well as all policies that directly affect the public. The purpose of this review
is for agencies to work with stakeholders to evaluate the effectiveness, clarity,
fairness, and statutory intent of their rules. The
Washington State Liquor Control Board is currently reviewing its existing rules regarding
liquor permits, and would like your input.
Attached are the existing rules
regarding liquor permits.
Before drafting language, we would like your comments on
these rules, specifically:
- Are there portions of the rules or policies that are not
working or that are confusing?
- Do new rules need to be added to outline additional
requirements or to clarify existing requirements?
By mail:
Rules Coordinator
Liquor Control Board
PO Box 43080
Olympia WA 98504-3080 |
By e-mail:
rules@liq.wa.gov |
By
fax:
(360) 704-4920 |
After this initial comment period the Board will draft
amended rule language and hold public hearings. You will be notified of the proposed
language and of the date, time, and location of the hearings.
If you have any questions about this rule making process,
please contact Teresa Berntsen, Rules Coordinator, at 360-664-1648.
Existing
Rules Regarding Liquor Permits
Banquet Permits
Raffle Permits
Permit for Businesses to Serve Alcohol Without Charge
at Private Events
Fees for Various Alcohol Permits
Permits for Representatives of a Liquor
Manufacturer or Distributor
Permits for a Liquor Manufacturer or Distributor to
Donate Product at a Trade Convention
BANQUET
PERMITS:
WAC 314-18-010 Banquet
permits-Authorized. Pursuant to the provisions of RCW 66.20.010, the board may issue
banquet permits in accordance with the following rules. [Statutory Authority: RCW
66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), §
314-18-010, filed 8/4/82.]
WAC 314-18-020 Definitions.
In this chapter unless the context otherwise requires:
(1) "Permit" means a banquet permit
authorized by RCW 66.20.010(3).
(2) "Banquet"
(a) Means any event not open to the general public to
be held or conducted at a specific place upon a specific date where the persons in
attendance will have some common purpose or interest, either business or social or a
combination thereof, for attending;
(b) Does not mean or refer to an event or affair
requiring the presence or service of food as might be construed in the more formal sense
of that term; nor is there any implication that such events are limited to any specific
number of times that they may be held or conducted, if the applicants are qualified and
the events are conducted in conformance with this chapter;
(c) Is not intended to refer to or be applicable to
an event, affair, or occasion held in the privacy of a person's home. [Statutory
Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112, Resolution Nos. 119
and 121), § 314-18-020, filed 8/4/82.]
WAC 314-18-030 Applicants-Retail
liquor licensees ineligible-Exceptions. (1) Any person twenty-one years of age or
older, either for himself/herself or in a representative capacity on behalf of a society,
organization, or business entity, may apply for a banquet permit which authorizes the
service and consumption of liquor at a specific place upon a specific date.
(2) Retail liquor licensees are NOT eligible to apply
for banquet permits for events to be held at, in, or upon such licensee's premises: Provided,
however, That the licensee's ineligibility will not apply:
(a) When the application is by an established
organization of members or auxiliary within a licensed club;
(b) Where grand openings, or special openings
following new construction or substantial alterations, or when conventions are to be held
on the licensed premises;
(c) Where special occasions such as employee
Christmas parties, business anniversaries, etc. are held on the licensed premises;
(d) For functions held at locations other than the
licensed premises.
(3) Banquet permits may be issued to qualified
applicants for private functions on a chartered bus, chartered boat, chartered plane, or a
chartered passenger car on a train.
(4) A banquet permit is not required for:
(a) Spirit, beer and wine sampling conducted in
accordance with RCW 66.28.040 as implemented by chapter 314-64 WAC.
(b) Beer or wine provided by a brewery, winery, or
distributor as part of a course of instruction for liquor licensees and/or their employees
pursuant to RCW 66.28.150.
(5) The board interprets and will apply the relevant
portions of the Liquor Act (RCW 66.20.010, 66.04.010(23), 66.04.010(26), 66.24.480,
66.24.481, and 66.44.100), reading them in pari materia, as not requiring a banquet permit
to be obtained by an individual for a function when that individual is not acting with a
business purpose or on behalf of an organization or business entity, where each of the
following conditions are met:
(a) The function to be held by the individual is of a
personal, noncommercial type which would normally be held in the individual's private home
but for space considerations. Examples being a birthday party, wedding reception, bar
mitzvah, etc. In lieu of holding the function in his or her home, the individual has
arranged for use of a facility which is to be closed off from the public during the
function and which is not on any licensed premises.
(b) The function is hosted by the individual
personally. That is, there is no charge in any manner whatsoever for attendance, whether
by admission charge, donation, dues, fees, or otherwise, and there is no charge in any
manner whatsoever for anything provided at the function (i.e., mixer, setups, ice, food,
hors d'oeuvres, etc.).
(c) That there is no business purpose for the
function and that no pecuniary gain is intended or realized by the individual from the
holding of the function.
(d) That those persons attending the function are the
personal invitees of the individual holding it. [Statutory Authority: RCW 66.08.030,
15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310,
66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240,
66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425,
66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050,
66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and
82.08.150. 98-18-097, § 314-18-030, filed 9/2/98, effective 10/3/98. Statutory Authority:
RCW 66.08.030. 88-22-026 (Order 268, Resolution No. 277), § 314-18-030, filed 10/25/88.
Statutory Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112,
Resolution Nos. 119 and 121), § 314-18-030, filed 8/4/82.]
WAC 314-18-040 Issuance
fee-Restrictions. (1) Banquet permits may be issued by the board's stores and
agencies to qualified applicants on forms provided by the board; the fee for each banquet
permit will be ten dollars.
(2) Except for outdoor areas, banquet permits will
only be issued for use at premises that are or can be arranged so that the general public
can be excluded therefrom.
(3) Where the application is for a banquet to be held
either partially or wholly out-of-doors, the following restrictions will apply:
(a) State parks: State parks are exempt from the law
requiring a license or permit to consume liquor in a public place (RCW 66.04.011). Banquet
permits shall not be issued for the service and consumption of liquor in state parks.
(b) City and county parks: Applicants will be issued
banquet permits only upon presentation of written approval from the appropriate local
authority for the banquet applied for.
(c) Commercial parks (privately owned and operated):
Store and agency managers may issue banquet permits for use in such commercial parks even
though the event is to be held partly or wholly out-of-doors.
(d) All other outdoor areas: Issuance is conditioned
upon approval of the area liquor enforcement officer.
(4) Where the application is for a banquet permit for
an event to be held on a college or university campus or upon the premises of an
elementary or high school, public or private; permits will be issued provided that
approval, in writing, by an appropriate official of the college, university, elementary,
or high school is furnished with the application.
(5) When the application is for a banquet permit for
an event to be held in or at a state armory used for military purposes, permits will be
issued provided that approval, in writing, by the adjutant general or his/her designee is
furnished by the applicant to the board and to the chief of police of the incorporated
city or town in which the armory is located or to the county sheriff if the armory is
located outside the boundaries of incorporated cities or towns.
(6) Banquet permits will not be issued for use at
premises that have a license issued by the board that is or will be suspended on the date
of the scheduled banquet.
(7) The event for which the banquet permit
application is made cannot be open to the public through general admission ticket sales.
(8) The event for which the banquet permit
application is made cannot be open to the public or advertised to the public.
(9) Approval of the area enforcement officer is
required for banquet permits intended for use in the cocktail lounge facilities or tap
rooms of hotels, restaurants, and clubs, unless the entire premises under the control of
the licensee is devoted to the banquet, and then only if all licensee liquor is removed
from view and securely isolated.
(10) Where the application is for a banquet permit
for an event to be held on a vessel under the jurisdiction of the Washington state ferry
system; permits will be issued provided that approval, in writing, by an appropriate
official of the Washington state ferry system is furnished with the application.
[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180,
66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200,
66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380,
66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495,
66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200,
66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-18-040, filed
9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 86-09-075 (Order 183,
Resolution No. 192), § 314-18-040, filed 4/22/86. Statutory Authority: RCW 66.08.030 and
66.98.070. 85-06-021 (Order 153, Resolution No. 162), § 314-18-040, filed 2/27/85;
84-09-025 (Order 140, Resolution No. 149), § 314-18-040, filed 4/11/84; 82-16-100 (Orders
110 and 112, Resolution Nos. 119 and 121), § 314-18-040, filed 8/4/82.]
WAC 314-18-050 Sale of
liquor-Not authorized. (1) A banquet permit does not authorize the sale of liquor
for cash, credit, check, scrip, or in any manner whatever: Provided, however, That
the cost of the occasion to those attending, if any, may be included in the total price
for the banquet, in which event, to assure participants receiving an equal share, an
allocation based upon a distribution of tickets exchangeable for drinks as a part of the
package price is permissible.
(2) The prohibition provided for in subsection (1) of
this section extends to the sale of mixers, ice, or "set-ups" if the prices
charged therefor are unrelated to the cost of such goods and/or services and approximate
what the charge for a drink containing liquor would be.
(3) Liquor cannot be raffled off or offered as a
prize at an event for which a banquet permit has been issued. (Such disposition would
constitute a "sale" of liquor as that term is defined in RCW 66.04.010(27).)
[Statutory Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112,
Resolution Nos. 119 and 121), § 314-18-050, filed 8/4/82.]
WAC 314-18-060 Liquor to be
served and consumed-Restrictions. (1) Spirit, beer and wine restaurant discount
liquor cannot be sold, served, or consumed under or by authority of a banquet permit.
Liquor to be served will be purchased from an authorized retail source only.
(2) Licensees and/or commercial caterers shall not
pay for or advance the moneys to purchase the liquor for the event for which the banquet
permit application has been made, but they may transport the prepaid liquor purchased by
the applicant to whom the banquet permit was issued.
(3) No banquet permittee may buy or accept delivery
of liquor from any manufacturer, brewer, distributor, distiller, winery, importer, or
agent thereof.
(4) It is not necessary for a banquet permit
applicant to purchase liquor at the time the permit is issued, and individuals attending a
banquet function may bring their own liquor. [Statutory Authority: RCW 66.08.030,
15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310,
66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240,
66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425,
66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050,
66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and
82.08.150. 98-18-097, § 314-18-060, filed 9/2/98, effective 10/3/98. Statutory Authority:
RCW 66.08.030. 92-01-080, § 314-18-060, filed 12/16/91, effective 1/16/92. Statutory
Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112, Resolution Nos. 119
and 121), § 314-18-060, filed 8/4/82.]
WAC 314-18-070 Responsibilities
of permittee. (1) No banquet permittee, or employee thereof, may knowingly permit the
service to or consumption of liquor by any person under the age of twenty-one years who is
present at the event for which a banquet permit has been issued.
(2) No banquet permittee, or employee thereof, may
knowingly permit any disorderly conduct to occur or serve or permit the consumption of
liquor by an apparently intoxicated person(s) on the premises for which a banquet permit
has been issued.
(3) The banquet permit shall be posted in a
conspicuous place at the premises for which the permit was issued during all times the
permit is in use. [Statutory Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110
and 112, Resolution Nos. 119 and 121), § 314-18-070, filed 8/4/82.]
WAC 314-18-080 Hours of
operation-Inspection of premises. (1) Banquet permits may be issued for any day and
may authorize the service and consumption of liquor between the hours of 6:00 a.m. and
2:00 a.m. of the following day.
(2) Any premises where a banquet permit has been
granted shall be open to inspection by any peace officer or enforcement officer of the
board to the same extent as provided for in WAC 314-12-120. [Statutory Authority: RCW
66.08.030. 95-04-044, § 314-18-080, filed 1/25/95, effective 2/25/95. Statutory
Authority: RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112, Resolution Nos. 119
and 121), § 314-18-080, filed 8/4/82.]
WAC 314-18-090 Misrepresentation
on application-Consequences. A misrepresentation of fact found to have been made by
an applicant for any banquet permit shall be deemed a lack of good faith and shall
constitute good and sufficient cause for the disapproval of such application or for the
cancellation of said permit if the event for which the permit has been granted has not yet
been held, or for the immediate termination of the permit if the event for which the
permit has been issued is in progress. [Statutory Authority: RCW 66.08.030 and 66.98.070.
82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-090, filed 8/4/82.]
WAC 314-18-100 Penalties.
In addition to the general penalties provided by law (RCW 66.44.175 and 66.44.180) for the
violation of board regulations, the board, upon a finding that a banquet permittee has
violated any of the regulations of this chapter, may, in its discretion:
(1) Cancel or terminate the permit.
(2) Hold the applicant and/or the premises for which
the banquet permit was issued ineligible for future banquet permits. [Statutory Authority:
RCW 66.08.030 and 66.98.070. 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121),
§ 314-18-100, filed 8/4/82.]
RAFFLE
PERMIT:
WAC 314-38-040 Beverage
alcohol raffle permit-Fee. (1) Any organization authorized to conduct a raffle under
RCW 9.46.0315 may raffle beverage alcohol upon obtaining a raffle permit from the board.
The fee for a raffle permit shall be ten dollars for a one-time raffle permit or
twenty-five dollars for an annual permit.
(2) An application for a raffle permit shall be on a
form prescribed by the board and filed with the board at the headquarters office in
Olympia thirty days in advance of the commencement of ticket sales.
(3) An application for a raffle permit must contain
the following information:
(a) The full name of the bona fide charitable or bona
fide nonprofit organization with verification of qualification as prescribed in RCW
9.46.0209;
(b) Name, address, and phone number of the
organization officer in charge of the raffle
(c) The date the raffle ticket sales will commence;
(d) The date, time and exact location of the drawing;
(e) A description of the beverage alcohol being
raffled including its estimated value;
(f) And the source of the alcohol to be raffled.
(4) An organization officer must certify that:
(a) Only organization members may purchase tickets or
be awarded prizes;
(b) The organization meets the qualifications of a
bona fide charitable or bona fide nonprofit organization as provided in RCW 9.46.0209;
(c) The organization will not sell more than $5,000
dollars worth of raffle tickets in a calendar year;
(d) The organization will not sell raffle tickets to
anyone under twenty one years of age when alcohol is awarded as a prize.
(5) Alcohol to be raffled must have all applicable
Washington State taxes paid and may only be:
(a) Purchased at retail or
(b) Donated by a private citizen.
(6) Upon application being filed and fee paid the
board may issue a raffle permit. The raffle permit will state the:
(a) Organization name,
(b) Address,
(c) Date and time of the drawing,
(d) Effective dates of the raffle permit.
(e) And a description of the alcohol to be raffled.
(7) The raffle permit shall be posted at the location
of the drawing prior to and during the drawing. The organization or person in charge of
the raffle shall; when requested by any representative or agent of the board and/or any
law enforcement officer; exhibit to such person the raffle permit and shall allow such
person to inspect the raffle items at any time. [Statutory Authority: RCW 66.08.030.
92-01-079, § 314-38-040, filed 12/16/91, effective 1/16/92.]
PERMIT
FOR BUSINESSES TO SERVE ALCOHOL WITHOUT CHARGE AT PRIVATE EVENTS:
WAC 314-38-010 Special
permit to consume liquor on the premises of a business not licensed under Title 66 RCW.
(1) The special permit provided by RCW 66.20.010(4) to consume liquor on the premises of a
business not licensed under Title 66 RCW shall only be issued to businesses at which the
service and consumption of liquor is incidental to, and does not form a portion of, the
service the business is engaged in producing or marketing. The permit shall not be used by
the holder thereof for purposes of stimulating or increasing business from the general
public.
(2) Each permit shall be issued for a period of
twelve months from the first day of the month in which it is issued. The fee for each
permit issued shall be five hundred dollars.
(3) The permit shall be issued for, and service and
consumption of liquor will be limited to, specified hospitality rooms and/or dining rooms
which shall be on the premises of the business applying for the permit. A separate permit
is required for each business premises at which liquor is to be served or consumed. The
general public shall not be permitted in the hospitality or dining room at any time during
the service or consumption of liquor.
(4) The permit will authorize the service and
consumption of liquor, without charge, by employees and invited guests of the business
holding the permit. No sale of liquor will be authorized in any manner, whether by scrip,
donation, contribution, or otherwise. No charge of any kind may be made by the permittee
to invited guests for admission to the hospitality or dining room, or for any meals or
other services provided to them in the hospitality or dining room.
(5) All liquor served or consumed under the permit
shall be purchased from a Washington state licensed retailer or a Washington state liquor
store or agency at full retail price.
(6) The permit shall be issued in the name of the
business applying for it, and that business shall not allow any other person, business, or
organization to utilize the permit. The issuance of any permit by the board shall not be
construed as granting a vested right in any of the privileges so conferred, and a
misrepresentation of fact found to have been made by the applicant or permittee shall be
deemed a lack of good faith and shall constitute good and sufficient cause for the
disapproval of a permit application or for the revocation or suspension of any permit
issued by the board. [Statutory Authority: RCW 66.08.030 and 66.20.010. 82-13-068 (Order
106, Resolution No. 115), § 314-38-010, filed 6/16/82.]
WAC 314-38-050 Class 4
permit-Purpose-Use. (1) The purpose of a Class 4 Permit as authorized by RCW
66.20.010(4) is to (a) allow for the consumption of liquor products in private businesses
and (b) not to compete with liquor licensed establishments.
(2) All liquor served by holders of a Class 4 permit
must be purchased at retail from the board or a retail liquor licensee.
(3) Liquor may not be sold by holders of a Class 4
permit, but may be provided at no charge for consumption on the premises of the permit
holder.
(4) The holder of a Class 4 permit may serve liquor
for no more than 24 hours during any weekly (168 hour) period.
(5) While the Class 4 permit holder may advertise
their business services, no liquor service shall be advertised. [Statutory Authority: RCW
66.08.030. 93-20-031, § 314-38-050, filed 9/27/93, effective 10/28/93.]
FEES FOR VARIOUS ALCOHOL PERMITS:
WAC 314-38-020 Permits-Fees
established. The fees for permits authorized under RCW 66.20.010 are hereby
established as follows:
(1) A fee of five dollars is established for a
special permit as authorized by RCW 66.20.010(1).
(2) The fee for a special permit as authorized by RCW
66.20.010(2) for purchase of five gallons or less is established as five dollars and for
purchase of over five gallons is established as ten dollars.
(3) A fee for a banquet permit, as authorized by RCW
66.20.010(3), is established in WAC 314-18-040.
(4) The fee for a special business permit, as
authorized by RCW 66.20.010(4), is established in WAC 314-38-010(2).
(5) The fee of ten dollars is established for a
special permit as authorized by RCW 66.20.010(5).
(6) A fee of five dollars is established for a
special permit as authorized by RCW 66.20.010(6).
(7) A special permit as authorized by RCW
66.20.010(7) shall be issued without charge to those eligible entities.
(8) The fee of twenty-five dollars is established for
a special permit as authorized by RCW 66.20.010(8).
(9) The fee of twenty-five dollars is established for
a special permit as authorized by RCW 66.20.010(9).
(10) The fee of thirty dollars is established for a
special permit as authorized by RCW 66.20.010(10).
(11) The fee of seventy-five dollars is established
for a special permit as authorized by RCW 66.20.010(11). [Statutory Authority: RCW
66.08.030, 66.20.010 and 66.98.070. 84-14-028 (Order 145, Resolution No. 154), §
314-38-020, filed 6/27/84; 83-23-123 (Order 133, Resolution No. 142), § 314-38-020, filed
11/23/83.]
WAC 314-38-030 Fee for
replacement of a lost or destroyed license or permit. (1) A fee of five dollars is
established for replacement by the board of a lost or destroyed agent's license issued
pursuant to RCW 66.24.310.
(2) The fee of five dollars is established for
replacement by the board of a lost or destroyed retail or wholesale liquor license of any
class. [Statutory Authority: RCW 66.08.030, 66.20.010 and 66.98.070. 83-23-123 (Order 133,
Resolution No. 142), § 314-38-030, filed 11/23/83.]
PERMIT FOR REPRESENTATIVES OF A LIQUOR MANUFACTURER
OR DISTRIBUTOR:
WAC 314-44-005 Agent's
license required-Eligible employers defined-Certain classes limited-Bona fide entity
defined-Prohibited practices. (1) No person shall canvass for, solicit, receive or
take orders for the purchase or sale of any liquor, or act as the agent for the purchase
or sale of liquor, nor contact any licensees of the board in goodwill activities, unless
such person is holder of an agent's license as provided in RCW 66.24.310, and this
regulation.
(2) An agent's license may be issued to 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
brewer's 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. A person, firm, or corporation so qualified, is
herein defined to be an eligible employer. Such employer shall apply to the board for such
an agent's license for his accredited representatives on application forms prescribed and
furnished by the board.
(3) Every firm which applies for an agent's license
under the provisions of this section shall furnish the board with satisfactory proof that
such firm is in fact a bona fide business entity.
(4) Only the licensed agent of a distiller,
manufacturer, importer, or distributor of spirituous liquor may contact retail licensees
in goodwill activities when such contacts pertain to spirituous liquor products.
(5) No distiller, manufacturer, importer, distributor
of liquor, or agent thereof, shall solicit either in person, by mail or otherwise, any
liquor vendor or employee of the board, except the purchasing agent thereof, for the
purpose or with the intent of furthering the sale of a particular brand or brands of
merchandise as against another brand or brands of merchandise.
(6) No distiller, manufacturer, importer, distributor
of liquor, or agent thereof, shall visit any state liquor store or agency for the purpose
of exerting influence on employees for sales promotion or to secure information regarding
inventory or any other matter relating to sales. They may deliver, or have delivered, and
assemble where required, consumer offers and display material that have been approved by
the board or its designee. Violation of this section will result in a penalty against all
company items, which in appropriate cases could mean a partial or total delisting of those
items.
(7) No distiller, manufacturer, importer, or
distributor of liquor, or agent thereof, shall give or offer to any employee of the board
any entertainment, gratuity or other consideration for the purpose of inducing or
promoting the sale of merchandise.
(8) No distiller, manufacturer, importer, or
distributor, or agent thereof, shall allow, pay or rebate, directly or indirectly, any
cash or merchandise to any retail licensee to induce or promote the sale of liquor,
including the payment of tips to such licensees or their employees and the purchasing of
drinks "for the house." Such persons, firms and licensees must operate in
conformity with WAC 314-12-140, RCW 66.28.010, 66.28.040, and other applicable laws and
rules.
(9) Upon the infraction of any law or regulation by
any distiller, manufacturer, importer, distributor, or agent, the board may, in addition
to imposing other penalties as prescribed by law, remove such firm's products from the
sales list of the board, and/or prohibit the sale of any brand or brands of beer or wine
involved as provided in RCW 66.28.030.
(10) Upon the termination of the employment of a
licensed agent, his employer shall immediately notify the board and with such notice
return to the board the agent's license issued to such person. [Statutory Authority: RCW
66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300,
66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230,
66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420,
66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040,
66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310,
66.98.060 and 82.08.150. 98-18-097, § 314-44-005, filed 9/2/98, effective 10/3/98.
Statutory Authority: RCW 66.08.030. 89-01-004 (Order 271, Resolution No. 280), §
314-44-005, filed 12/8/88. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-04-029
(Order 93, Resolution No. 102), § 314-44-005, filed 1/27/82; Order 46, § 314-44-005,
Rule 111, filed 6/9/76. Formerly WAC 314-44-010 and 314-44-020.]
WAC 314-44-015 Agent
license limited authority. (1) Agents licensed under the authority of RCW 66.24.310
may perform goodwill activities as authorized by the board.
(2) Agents licensed under RCW 66.24.310 are
prohibited from using their agent's license as a means to represent their being an
employee of the board for the purpose of (a) obtaining admission to liquor licensed
establishments, (b) misleading anyone into thinking they are a liquor enforcement officer
or (c) checking identification of patrons. [Statutory Authority: RCW 66.08.030. 94-14-023,
§ 314-44-015, filed 6/27/94, effective 7/28/94.]
PERMIT
FOR A LIQUOR MANUFACTURER OR DISTRIBUTOR TO DONATE PRODUCTS AT A TRADE CONVENTION:
WAC 314-45-010 Convention
defined-Hospitality rooms, display booths, receptions and similar activities-Permits
required-Fees-Procedures. Activities pursuant to RCW 66.20.010 (8), (9), a
manufacturer, importer, distributor, or agent thereof, may serve or donate liquor without
charge to delegates and guests at a bona fide convention of a trade association composed
of licensees of the board, subject to conditions set forth in this regulation.
(1) For the purposes of this section a
"convention" is defined as a bona fide session or assembly of the general
membership of a trade association composed of licensees of the board.
(2) Such manufacturer, importer, distributor, or
agent thereof, must hold a special permit issued by the board to engage in such an
activity at such convention. The fee for each such special permit shall be $25.00.
Application for such permit shall be submitted on a form prescribed by the board. The
statutory permits applicable to such activities are:
(a) A special permit provided for in RCW 66.20.010(8)
which authorizes the holder thereof to serve liquor without charge to delegates and guests
in a hospitality room or from a booth in a board-approved suppliers' display room at such
convention.
(b) A special permit provided for in RCW 66.20.010(9)
which authorizes the holder thereof to donate liquor for a reception, breakfast, luncheon,
or dinner for delegates and guests at such convention.
(3) Any liquor served or donated as provided herein
is authorized only for consumption within a specific area designated on an application for
permit and approved by the board.
(4) A special permit holder who serves or donates any
beer or wine on which state taxes have not been paid, must file a report of the quantity
so served or donated and remit the amount of the taxes to the board, in conformity with
RCW 66.20.010 (8), (9).
(5) Any spirituous liquor served or donated shall be
purchased from the board or a spirit, beer and wine restaurant licensee. [Statutory
Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100,
66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206,
66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395,
66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540,
66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310,
66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-45-010, filed 9/2/98,
effective 10/3/98. Statutory Authority: RCW 66.08.030 and 66.98.070. 85-19-031 (Order 165,
Resolution No. 174), § 314-45-010, filed 9/12/85; Order 46, § 314-45-010, Rule 114,
filed 6/9/76.] |