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66.08.030  <<  66.08.050 >>   66.08.0501

RCW 66.08.050

Powers of board in general.


     *** CHANGE IN 2014 *** (SEE 2155-S.SL) ***

The board, subject to the provisions of this title and the rules, must:

     (1) Determine the nature, form and capacity of all packages to be used for containing liquor kept for sale under this title;

     (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;

     (3) Pay all customs, duties, excises, charges and obligations whatsoever relating to the business of the board;

     (4) Require bonds from all employees in the discretion of the board, and to determine the amount of fidelity bond of each such employee;

     (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;

     (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 must cooperate with federal and state agencies, interested organizations, and individuals to effect an active public beverage alcohol awareness program;

     (7) Perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this title, and has full power to do each and every act necessary to the conduct of its 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 a clear and present danger of disorderly conduct being provoked by such language or to restrict advertising of lawful prices.

[2012 c 2 § 107 (Initiative Measure No. 1183, approved November 8, 2011); (2011 1st sp.s. c 45 § 7 repealed by 2012 c 2 § 216 (Initiative Measure No. 1183)); (2011 c 186 § 2 expired December 1, 2012); 2005 c 151 § 3; 1997 c 228 § 1; 1993 c 25 § 1; 1986 c 214 § 2; 1983 c 160 § 1; 1975 1st ex.s. c 173 § 1; 1969 ex.s. c 178 § 1; 1963 c 239 § 3; 1935 c 174 § 10; 1933 ex.s. c 62 § 69; RRS § 7306-69.]

Notes:

     Finding -- Application -- Rules -- Effective date -- Contingent effective date -- 2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

     Spirit sampling -- Liquor store pilot project -- 2011 c 186: "(1) The liquor control board shall establish a pilot project to allow spirits sampling in state liquor stores as defined in RCW 66.16.010 and contract stores as defined in RCW 66.04.010(11) for the purpose of promoting the sponsor's products. For purposes of this section, "sponsors" means: 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.

     (a) The pilot project shall consist of thirty locations with at least six samplings to be conducted at each location between September 1, 2011, and September 1, 2012. However, no state liquor store or contract store may hold more than one spirits sampling per week during the project period.

     (b) The pilot project locations shall be determined by the board. Before the board determines which state liquor stores or contract stores will be eligible to participate in the sampling pilot, it shall give:

     (i) Due consideration to the location of the state liquor store or contract store with respect to the proximity of places of worship, schools, and public institutions;

     (ii) Due consideration to motor vehicle accident data in the proximity of the state liquor store or contract store; and

     (iii) Written notice by certified mail of the proposed spirits sampling to places of worship, schools, and public institutions within five hundred feet of the liquor store proposed to offer spirits sampling.

     (c) Sampling must be conducted under the following conditions:

     (i) Sampling may take place only in an area of a state liquor store or contract store in which access to persons under twenty-one years of age is prohibited;

     (ii) Samples may be provided free of charge;

     (iii) Only persons twenty-one years of age or over may sample spirits;

     (iv) Each sample must be one-quarter ounce or less, with no more than one ounce of samples provided per person per day;

     (v) Only sponsors may serve samples;

     (vi) Any person involved in the serving of such samples must have completed a mandatory alcohol server training program;

     (vii) No person who is apparently intoxicated may sample spirits;

     (viii) The product provided for sampling must be available for sale at the state liquor store or contract store where the sampling occurs at the time of the sampling; and

     (ix) Customers must remain on the state liquor store or contract store premise while consuming samples.

     (d) The liquor control board may prohibit sampling at a pilot project location that is within the boundaries of an alcohol impact area recognized by resolution of the board if the board finds that the sampling activities at the location are having an adverse effect on the reduction of chronic public inebriation in the area.

     (e) All other criteria needed to establish and monitor the pilot project shall be determined by the board.

     (f) The board shall report on the pilot project to the appropriate committees of the legislature by December 1, 2012. The board's report shall include the results of a survey of liquor store managers and contract liquor store managers.

     (2) The liquor control board may adopt rules to implement this section." [2011 c 186 § 1.]

     Expiration date -- 2011 c 186: "This act expires December 1, 2012." [2011 c 186 § 5.]

     Severability -- 1975 1st ex.s. c 173: "If any phrase, clause, subsection, or section of this 1975 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 1975 amendatory act without the phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of the act shall not be affected as a result of said part being held unconstitutional or invalid." [1975 1st ex.s. c 173 § 13.]

     Effective date -- 1975 1st ex.s. c 173: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 173 § 14.]

     Severability -- 1963 c 239: See note following RCW 66.08.026.

Minors, access to tobacco, role of liquor control board: Chapter 70.155 RCW.