RCW 66.24.371
Beer and/or wine specialty shop
license -- Fee -- Samples -- Restricted license -- Determination of
public interest -- Inventory. (Effective until July 1, 2011.)
(1)
There shall be a beer and/or wine retailer's license to be
designated as a beer and/or wine specialty shop license to sell
beer, 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. Licensees
obtaining a written endorsement from the board may also sell malt
liquor in kegs or other containers capable of holding four
gallons or more of liquid. The annual fee for the beer and/or
wine specialty shop license is one hundred eleven dollars for
each store. The sale of any container holding four gallons or
more must comply with RCW 66.28.200 and 66.28.220.
(2) Licensees under this section may provide, free or for a
charge, single-serving samples of two ounces or less to customers
for the purpose of sales promotion. Sampling activities of
licensees under this section are subject to RCW *66.28.010 and66.28.040
and the cost of sampling under this section may not be
borne, directly or indirectly, by any manufacturer, importer, or
distributor of liquor.
(3) The board shall issue a restricted beer and/or wine
specialty shop 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 consider at least the following
factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(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 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) Licensees holding a beer and/or wine specialty shop
license must maintain a minimum three thousand dollar wholesale
inventory of beer, strong beer, and/or wine.
[2009 c 507 § 6; 2009 c 373 § 6; 2003 c 167 § 9; 1997 c 321 § 23.]
NOTES:
Reviser's note: *(1) RCW 66.28.010 was amended by 2009 c
373 § 5 without cognizance of its repeal by 2009 c 506 § 11. For
rule of construction concerning sections amended and repealed in
the same legislative session, see RCW 1.12.025.
(2) This section was amended by 2009 c 373 § 6 and by 2009 c
507 § 6, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date -- 2009 c 507: See note following RCW 66.08.225.
Application to certain retailers -- 2003 c 167 §§ 8 and 9: See note following RCW 66.24.360.
Effective date -- 2003 c 167: See note following RCW 66.24.244.
Report to legislature -- 2003 c 167: See note following RCW 66.24.250.
Effective date -- 1997 c 321: See note following RCW 66.24.010.
RCW 66.24.371
Beer and/or wine specialty shop
license -- Fee -- Samples -- Restricted license -- Determination of
public interest -- Inventory. (Effective July 1, 2011.)
(1) There
shall be a beer and/or wine retailer's license to be designated
as a beer and/or wine specialty shop license to sell beer, 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. Licensees
obtaining a written endorsement from the board may also sell malt
liquor in kegs or other containers capable of holding four
gallons or more of liquid. The annual fee for the beer and/or
wine specialty shop license is one hundred dollars for each
store. The sale of any container holding four gallons or more
must comply with RCW 66.28.200 and 66.28.220.
(2) Licensees under this section may provide, free or for a
charge, single-serving samples of two ounces or less to customers
for the purpose of sales promotion. Sampling activities of
licensees under this section are subject to RCW *66.28.010 and66.28.040
and the cost of sampling under this section may not be
borne, directly or indirectly, by any manufacturer, importer, or
distributor of liquor.
(3) The board shall issue a restricted beer and/or wine
specialty shop 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 consider at least the following
factors:
(a) The likelihood that the applicant will sell strong beer
or fortified wine to persons who are intoxicated;
(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 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) Licensees holding a beer and/or wine specialty shop
license must maintain a minimum three thousand dollar wholesale
inventory of beer, strong beer, and/or wine.
[2009 c 373 § 6; 2003 c 167 § 9; 1997 c 321 § 23.]
NOTES:
*Reviser's note: RCW 66.28.010 was amended by 2009 c 373 § 5 without cognizance of its repeal by 2009 c 506 § 11. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Application to certain retailers -- 2003 c 167 §§ 8 and 9: See note following RCW 66.24.360.
Effective date -- 2003 c 167: See note following RCW 66.24.244.
Report to legislature -- 2003 c 167: See note following RCW 66.24.250.
Effective date -- 1997 c 321: See note following RCW 66.24.010.