WSR 17-11-067 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed May 17, 2017, 10:26 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-07-132.
Title of Rule and Other Identifying Information: WAC 314-40-040 Guest and courtesy cards—Visitors.
Hearing Location(s): Washington State Liquor and Cannabis Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on June 28, 2017, at 10:00 a.m.
Date of Intended Adoption: July 12, 2017.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax (360) 664-9689, by June 28, 2017.
Assistance for Persons with Disabilities: Contact Karen McCall by June 28, 2017, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is the result of a stakeholder petition for rule making. The stakeholder requested the board allow more than two club fundraisers a year.
Reasons Supporting Proposal: Stakeholders have stated these are slow times for private clubs such as the Elks and Eagles. The ability to have additional club fundraisers would provide them an opportunity to increase their memberships.
Statutory Authority for Adoption: RCW 66.24.450.
Statute Being Implemented: RCW 66.24.450.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor and cannabis board, governmental.
Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Chief Enforcement, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not required.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not required.
May 17, 2017
Jane Rushford
Chair
AMENDATORY SECTION (Amending WSR 11-23-048, filed 11/9/11, effective 12/10/11)
WAC 314-40-040 Guest and courtesy cards—Visitors.
(1) Guest cards are intended for invited guests residing outside of the immediate area.
(a) Guest cards shall be issued no more than three times per year for a period not to exceed fourteen consecutive days, and must be numbered serially, with a record of the issuance of each such card to be filed in a manner as to be readily accessible to the agents of the board;
(b) Contestants in golf or tennis tournaments conducted on the grounds of a licensed club will be considered a visitor for the day(s) of the event.
(2) Visitors may be introduced when accompanied at all times by a member, who is not an on duty employee, and may remain as long as such member is present in the club. Any such visitor may only enjoy the privileges of the club six times in any one calendar year unless a different number of times is allowed in the club by-laws.
(3) Persons who are members in good standing of a national veterans organization may enjoy the privileges of any licensed club affiliated with any national veterans organization, and persons who are members in good standing of a national fraternal organization may enjoy the privileges of any club affiliated with that particular national fraternal organization if the bylaws of such clubs authorize reciprocal privileges. Subsections (1) and (2) of this section shall not apply to members of such organizations.
(4) Persons who are members in good standing of organizations licensed as private nonfraternal clubs may enjoy the privileges of other licensed nonfraternal clubs if the bylaws of such clubs authorize reciprocal privileges. Subsections (1) and (2) of this section shall not apply to members of such clubs.
(5) Courtesy cards may be issued to the adult members of the immediate family of any member with or without charge upon application being made to the club by the member.
(6) In order to recruit new members and build club membership, a private club may hold a public membership function for ((two)) one day((s)) per calendar ((year)) quarter where club liquor may be given or sold to those attending as a part of the membership drive activities. The function must be advertised as a membership drive. Membership drives may not be held on consecutive days.
(7) A person issued a guest card by the club manager pursuant to subsection (1) of this section may introduce visitors into the club provided:
(a) The visitors are accompanied at all times by the sponsoring guest card holder;
(b) The visitors remain in the club only as long as the sponsoring guest card holder is present; and
(c) The house rules or bylaws of the club provide guest card holders the privilege of introducing visitors into the club.
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