Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-16 - Retail licensees › Section 314-16-110 - Liquor purchases by spirits, beer, and wine licensees

Current through Register Vol. 24-14, July 15, 2024
(1) Any employee
			 authorized by the board may sell spirituous liquor at a discount of fifteen
			 percent from the retail price fixed by the board, together with all taxes, to
			 any spirits, beer and wine restaurant, spirits, beer, and wine nightclub,
			 spirits, beer, and wine club or sports/entertainment facility licensee upon
			 presentation to such employee at the time of purchase of a special permit
			 issued by the board to such licensee or through such other means of insuring
			 identification of the authorized purchaser as are approved by the board. Prior
			 to license delivery, a new licensee may, with board authorization, be sold
			 discount liquor and beer and wine purchased under
			 Title
			 66 RCW for the purpose of
			 stocking the premises. The employee shall at the time of selling any spirituous
			 liquor to a spirits, beer and wine restaurant, spirits, beer, and wine
			 nightclub, spirits, beer, and wine club or sports/entertainment facility
			 licensee make a record of the liquor so sold, together with the name of the
			 spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits,
			 beer, and wine club or sports/entertainment facility licensee making the
			 purchase. No sale of beer, wine, or spirituous liquor shall take place until
			 the premises of the new licensee have been inspected by the board and the
			 spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits,
			 beer, and wine club or sports/entertainment facility license is
			 delivered.
(2) Every spirits, beer
			 and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine
			 club or sports/entertainment facility licensee, upon purchasing any spirituous
			 liquor from the board, shall immediately cause such liquor to be delivered to
			 his or her licensed premises, and he or she shall not remove or permit to be
			 removed from said premises any bottle or other container containing such
			 liquor, except pursuant to chapter 314-70 WAC or to return it to a state liquor
			 store or agency, nor shall he or she dispose or allow to be disposed the liquor
			 contained therein in any manner except as authorized by his or her license. A
			 delivery service business may pick up more than one liquor order on the same
			 day so long as each of said orders are delivered in the normal course of
			 business on the same day without detour or diversion, except for those stops
			 and deliveries as may be necessary to make deliveries to the other licensees
			 whose order is also on the particular delivery vehicle. The possession of any
			 bottle or other container purchased from the board at a discount by any person
			 other than the licensee or said licensee's agents or employees who purchased
			 the same, or the possession thereof at any place which is not the licensed
			 premises of the licensee who purchased such liquor, shall be prima facie
			 evidence that the licensee unlawfully permitted the removal thereof from his or
			 her licensed premises. The licensee who permanently discontinues business,
			 other than as a result of a legal distraint action, may remove open bottles of
			 liquor from the premises for personal use upon payment to the board of an
			 amount to be determined by the board in lieu of the discount and tax exemption
			 in effect at that time.
(3) No
			 licensee shall keep in or on the licensed premises any spirituous liquor which
			 was not purchased from the board at a discount. Spirituous liquor not purchased
			 at a discount from the board may be kept in or on the licensed premises under
			 authority of a banquet permit issued pursuant to
			 RCW
			 66.20.010(3) and chapter
			 314-18 WAC, but only during the specific date and time for which the banquet
			 permit was issued. Notwithstanding any other provision of Title 314 WAC, a
			 spirits, beer and wine licensee may display antique, unusual, or unique liquor
			 bottles with or without liquor on the licensed premises if such bottles are
			 used as part of the decor, and any such bottles containing liquor are locked
			 securely in display cases, and are not for sale.
(4) No person, including anyone acting as the
			 agent for another other than a spirits, beer and wine licensee shall keep or
			 possess any bottle or other container containing spirituous liquor which was
			 purchased from the board at a discount except as provided in subsection (2) of
			 this section.
(5) All spirituous
			 liquor in and on the licensed premises shall be made available at all times by
			 every licensee for inspection by the board, and such licensee shall permit any
			 authorized inspector of the board to make such tests or analyses, by spirit
			 hydrometer or otherwise, as the inspector deems proper. Such inspectors are
			 authorized to seize as evidence any bottles or other containers and the
			 contents thereof which they have determined have been reused, refilled,
			 tampered with, adulterated, diluted, fortified or substituted.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.600. 10-01-091, §
				  314-16-110, filed 12/16/09, effective 1/16/10. Statutory Authority:
				  RCW
				  66.08.030,
				  15.88.030,
				  19.126.020,
				  66.04.010,
				  66.08.180, 66.16.100,
				  66.20.010,
				  66.20.300,
				  66.20.310,
				  66.24.150,
				  66.24.170,
				  66.24.185,
				  66.24.200,
				  66.24.206,
				  66.24.210,
				  66.24.230,
				  66.24.240,
				  66.24.244,
				  66.24.250,
				  66.24.375,
				  66.24.380,
				  66.24.395,
				  66.24.400,
				  66.24.420,
				  66.24.425,
				  66.24.440,
				  66.24.450,
				  66.24.455,
				  66.24.495,
				  66.24.540, 66.28.010,
				  66.28.040,
				  66.28.050,
				  66.28.170,
				  66.28.180,
				  66.28.190,
				  66.28.200,
				  66.28.310, 66.44.190,
				  66.44.310,
				  66.98.060 and
				  82.08.150. 98-18-097, §
				  314-16-110, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW
				  66.08.070. 87-02-012 (Order 209, Resolution No. 218), § 314-16-110, filed
				  12/30/86. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 84-15-061 (Order 147,
				  Resolution No. 156), § 314-16-110, filed 7/18/84; 84-02-066 (Order 136,
				  Resolution No. 145), § 314-16-110, filed 1/4/84; 83-01-029 (Order 116,
				  Resolution No. 125), § 314-16-110, filed 12/8/82; 82-17-022 (Order 109,
				  Resolution No. 118), § 314-16-110, filed 8/9/82; Order 50, §
				  314-16-110, filed 11/30/76, effective 12/31/76; Order 19, § 314-16-110,
				  filed 8/10/72; Rule 26, filed
				  6/13/63.