(1) Every license
shall be issued in the name of the applicant, and the holder
thereof shall not allow any other person to use the license.
(2) For the purpose of considering any application for a
license, or the renewal of a license, the board may cause an
inspection of the premises to be made, and may inquire into all
matters in connection with the construction and operation of the
premises. For the purpose of reviewing any application for a
license and for considering the denial, suspension, revocation,
or renewal or denial thereof, of any license, the liquor control
board may consider any prior criminal conduct of the applicant
including an administrative violation history record with the
board and 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 require fingerprinting of any applicant whose criminal
history record information check is submitted to the federal
bureau of investigation. The provisions of RCW 9.95.240 and of
chapter 9.96A RCW shall not apply to such cases. Subject to the
provisions of this section, the board may, in its discretion,
grant or deny the renewal or license applied for. Denial may be
based on, without limitation, the existence of chronic illegal
activity documented in objections submitted pursuant to
subsections (8)(d) and (12) of this section. Authority to
approve an uncontested or unopposed license may be granted by the
board to any staff member the board designates in writing.
Conditions for granting such authority shall be adopted by rule.
No retail license of any kind may be issued to:
(a) A person doing business as a sole proprietor who has not
resided in the state for at least one month prior to receiving a
license, except in cases of licenses issued to dining places on
railroads, boats, or aircraft;
(b) A copartnership, unless all of the members thereof are
qualified to obtain a license, as provided in this section;
(c) A person whose place of business is conducted by a
manager or agent, unless such manager or agent possesses the same
qualifications required of the licensee;
(d) A corporation or a limited liability company, unless it
was created under the laws of the state of Washington or holds a
certificate of authority to transact business in the state of
Washington.
(3)(a) The board may, in its discretion, subject to the
provisions of RCW 66.08.150, suspend or cancel any license; and
all rights of the licensee to keep or sell liquor thereunder
shall be suspended or terminated, as the case may be.
(b) The board shall immediately suspend the license or
certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a
person who is not in compliance with a support order. If the
person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the board's receipt of a
release issued by the department of social and health services
stating that the licensee is in compliance with the order.
(c) The board may request the appointment of administrative
law judges under chapter 34.12 RCW who shall have power to
administer oaths, issue subpoenas for the attendance of witnesses
and the production of papers, books, accounts, documents, and
testimony, examine witnesses, and to receive testimony in any
inquiry, investigation, hearing, or proceeding in any part of the
state, under such rules and regulations as the board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to
and from any such inquiry, investigation, hearing, or proceeding
at the rate authorized by RCW 34.05.446, as now or hereafter
amended. Fees need not be paid in advance of appearance of
witnesses to testify or to produce books, records, or other legal
evidence.
(e) In case of disobedience of any person to comply with the
order of the board or a subpoena issued by the board, or any of
its members, or administrative law judges, or on the refusal of a
witness to testify to any matter regarding which he or she may be
lawfully interrogated, the judge of the superior court of the
county in which the person resides, on application of any member
of the board or administrative law judge, shall compel obedience
by contempt proceedings, as in the case of disobedience of the
requirements of a subpoena issued from said court or a refusal to
testify therein.
(4) Upon receipt of notice of the suspension or cancellation
of a license, the licensee shall forthwith deliver up the license
to the board. Where the license has been suspended only, the
board shall return the license to the licensee at the expiration
or termination of the period of suspension. The board shall
notify all vendors in the city or place where the licensee has
its premises of the suspension or cancellation of the license;
and no employee may allow or cause any liquor to be delivered to
or for any person at the premises of that licensee.
(5)(a) At the time of the original issuance of a spirits,
beer, and wine restaurant license, the board shall prorate the
license fee charged to the new licensee according to the number
of calendar quarters, or portion thereof, remaining until the
first renewal of that license is required.
(b) Unless sooner canceled, every license issued by the
board shall expire at midnight of the thirtieth day of June of
the fiscal year for which it was issued. However, if the board
deems it feasible and desirable to do so, it may establish, by
rule pursuant to chapter 34.05 RCW, a system for staggering the
annual renewal dates for any and all licenses authorized by this
chapter. If such a system of staggered annual renewal dates is
established by the board, the license fees provided by this
chapter shall be appropriately prorated during the first year
that the system is in effect.
(6) Every license issued under this section shall be subject
to all conditions and restrictions imposed by this title or by
rules adopted by the board. All conditions and restrictions
imposed by the board in the issuance of an individual license
shall be listed on the face of the individual license along with
the trade name, address, and expiration date.
(7) Every licensee shall post and keep posted its license,
or licenses, in a conspicuous place on the premises.
(8)(a) Unless (b) of this subsection applies, before the
board issues a new or renewal license to an applicant it shall
give notice of such application to the chief executive officer of
the incorporated city or town, if the application is for a
license within an incorporated city or town, or to the county
legislative authority, if the application is for a license
outside the boundaries of incorporated cities or towns.
(b) If the application for a special occasion license is for
an event held during a county, district, or area fair as defined
by RCW 15.76.120, and the county, district, or area fair is
located on property owned by the county but located within an
incorporated city or town, the county legislative authority shall
be the entity notified by the board under (a) of this subsection.
The board shall send a duplicate notice to the incorporated city
or town within which the fair is located.
(c) The incorporated city or town through the official or
employee selected by it, or the county legislative authority or
the official or employee selected by it, shall have the right to
file with the board within twenty days after date of transmittal
of such notice, written objections against the applicant or
against the premises for which the new or renewal license is
asked. The board may extend the time period for submitting
written objections.
(d) The written objections shall include a statement of all
facts upon which such objections are based, and in case written
objections are filed, the city or town or county legislative
authority may request and the liquor control board may in its
discretion hold a hearing subject to the applicable provisions of
Title 34 RCW. If the board makes an initial decision to deny a
license or renewal based on the written objections of an
incorporated city or town or county legislative authority, the
applicant may request a hearing subject to the applicable
provisions of Title 34 RCW. If such a hearing is held at the
request of the applicant, liquor control board representatives
shall present and defend the board's initial decision to deny a
license or renewal.
(e) Upon the granting of a license under this title the
board shall send written notification to the chief executive
officer of the incorporated city or town in which the license is
granted, or to the county legislative authority if the license is
granted outside the boundaries of incorporated cities or towns.
When the license is for a special occasion license for an event
held during a county, district, or area fair as defined by RCW 15.76.120, and the county, district, or area fair is located on
county-owned property but located within an incorporated city or
town, the written notification shall be sent to both the
incorporated city or town and the county legislative authority.
(9)(a) Before the board issues any license to any applicant,
it shall give (i) due consideration to the location of the
business to be conducted under such license with respect to the
proximity of churches, schools, and public institutions and (ii)
written notice, with receipt verification, of the application to
public institutions identified by the board as appropriate to
receive such notice, churches, and schools within five hundred
feet of the premises to be licensed. The board shall issue no
beer retailer license for either on-premises or off-premises
consumption or wine retailer license for either on-premises or
off-premises consumption or spirits, beer, and wine restaurant
license covering any premises not now licensed, if such premises
are within five hundred feet of the premises of any tax-supported
public elementary or secondary school measured along the most
direct route over or across established public walks, streets, or
other public passageway from the main entrance of the school to
the nearest public entrance of the premises proposed for license,
and if, after receipt by the school of the notice as provided in
this subsection, the board receives written objection, within
twenty days after receiving such notice, from an official
representative or representatives of the school within five
hundred feet of said proposed licensed premises, indicating to
the board that there is an objection to the issuance of such
license because of proximity to a school. The board may extend
the time period for submitting objections. For the purpose of
this section, church shall mean a building erected for and used
exclusively for religious worship and schooling or other activity
in connection therewith. For the purpose of this section, public
institution shall mean institutions of higher education, parks,
community centers, libraries, and transit centers.
(b) No liquor license may be issued or reissued by the board
to any motor sports facility or licensee operating within the
motor sports facility unless the motor sports facility enforces a
program reasonably calculated to prevent alcohol or alcoholic
beverages not purchased within the facility from entering the
facility and such program is approved by local law enforcement
agencies.
(c) It is the intent under this subsection (9) that a retail
license shall not be issued by the board where doing so would, in
the judgment of the board, adversely affect a private school
meeting the requirements for private schools under Title 28A RCW,
which school is within five hundred feet of the proposed
licensee. The board shall fully consider and give substantial
weight to objections filed by private schools. If a license is
issued despite the proximity of a private school, the board shall
state in a letter addressed to the private school the board's
reasons for issuing the license.
(10) The restrictions set forth in subsection (9) of this
section shall not prohibit the board from authorizing the
assumption of existing licenses now located within the restricted
area by other persons or licenses or relocations of existing
licensed premises within the restricted area. In no case may the
licensed premises be moved closer to a church or school than it
was before the assumption or relocation.
(11)(a) Nothing in this section prohibits the board, in its
discretion, from issuing a temporary retail or distributor
license to an applicant to operate the retail or distributor
premises during the period the application for the license is
pending. The board may establish a fee for a temporary license
by rule.
(b) A temporary license issued by the board under this
section shall be for a period not to exceed sixty days. A
temporary license may be extended at the discretion of the board
for additional periods of sixty days upon payment of an
additional fee and upon compliance with all conditions required
in this section.
(c) Refusal by the board to issue or extend a temporary
license shall not entitle the applicant to request a hearing. A
temporary license may be canceled or suspended summarily at any
time if the board determines that good cause for cancellation or
suspension exists. RCW 66.08.130 applies to temporary licenses.
(d) Application for a temporary license shall be on such
form as the board shall prescribe. If an application for a
temporary license is withdrawn before issuance or is refused by
the board, the fee which accompanied such application shall be
refunded in full.
(12) In determining whether to grant or deny a license or
renewal of any license, the board shall give substantial weight
to objections from an incorporated city or town or county
legislative authority based upon chronic illegal activity
associated with the applicant's operations of the premises
proposed to be licensed or the applicant's operation of any other
licensed premises, or the conduct of the applicant's patrons
inside or outside the licensed premises. "Chronic illegal
activity" means (a) a pervasive pattern of activity that
threatens the public health, safety, and welfare of the city,
town, or county including, but not limited to, open container
violations, assaults, disturbances, disorderly conduct, or other
criminal law violations, or as documented in crime statistics,
police reports, emergency medical response data, calls for
service, field data, or similar records of a law enforcement
agency for the city, town, county, or any other municipal
corporation or any state agency; or (b) an unreasonably high
number of citations for violations of RCW 46.61.502 associated
with the applicant's or licensee's operation of any licensed
premises as indicated by the reported statements given to law
enforcement upon arrest.
[2007 c 473 § 1; 2006 c 359 § 1; 2004 c 133 § 1; 2002 c 119 § 3; 1998 c 126 § 2. Prior: 1997 c 321 § 1; 1997 c 58 § 873; 1995 c 232 § 1; 1988 c 200 § 1; 1987 c 217 § 1; 1983 c 160 § 3; 1982 c 85 § 2; 1981 1st ex.s. c 5 § 10; 1981 c 67 § 31; 1974 ex.s. c 66 § 1; 1973 1st ex.s. c 209 § 10; 1971 c 70 § 1; 1969 ex.s. c 178 § 3; 1947 c 144 § 1; 1935 c 174 § 3; 1933 ex.s. c 62 § 27; Rem. Supp. 1947 § 7306-27. Formerly RCW 66.24.010, part and 66.24.020 through 66.24.100. FORMER PART OF SECTION: 1937 c 217 § 1 (23U) now codified as RCW 66.24.025.]
NOTES:
Effective date -- 1998 c 126: See note following RCW 66.20.010.
Effective date -- 1997 c 321: "This act takes effect July 1, 1998." [1997 c 321 § 64.]
Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.
Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
Effective dates -- Severability -- 1981 c 67: See notes following RCW 34.12.010.
Severability -- Effective date -- 1973 1st ex.s. c 209: See notes following RCW 66.08.070.
Effective date -- 1971 c 70: "The effective date of this 1971 amendatory act is July 1, 1971." [1971 c 70 § 4.]