RCW 66.24.371
Beer and/or wine specialty shop
license -- Fee -- Samples -- Restricted license -- Determination of
public interest -- Inventory.
(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 66.28.305 and 66.28.040 and the cost of sampling under this section may not be
borne, directly or indirectly, by any manufacturer, importer, or
distributor of liquor.
(3) Upon approval by the board, the beer and/or wine
specialty shop licensee that exceeds fifty percent beer and/or
wine sales may also receive an endorsement to permit the sale of
beer to a purchaser in a sanitary container brought to the
premises by the purchaser, or provided by the licensee or
manufacturer, and fill at the tap by the licensee at the time of
sale. If the beer and/or wine specialty shop licensee does not
exceed fifty percent beer and/or wine sales, the board may waive
the fifty percent beer and/or wine sale criteria if the beer
and/or wine specialty shop maintains alcohol inventory that
exceeds fifteen thousand dollars.
(4) 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.
(5) 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.
(6) The board may adopt rules to implement this section.
[2011 c 195 § 4; 2011 c 119 § 204; (2009 c 507 § 6 expired July 1, 2011); 2009 c 373 § 6; 2003 c 167 § 9; 1997 c 321 § 23.]
NOTES:
Reviser's note: This section was amended by 2011 c 119 § 204 and by 2011 c 195 § 4, 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 66.24.320.
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.