SB 5448 — Concerning liquor licensee privileges for the delivery of alcohol.

railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted p.use and access by the public;

7 SSB 5448 use and access by the public;

(((39)))p. (40) "Sale" and "sell" include exchange, barter, and traffic;

7 SB 5448 (((39))) (40) "Sale" and "sell" include exchange, barter, and traffic;

p.(((45))) (46) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

8 SSB 5448 (((45))) (46) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

(a)p. Airline passengers of any age whose admission is based on a first-class, executive, or business class ticket;

8 SB 5448 (a) Airline passengers of any age whose admission is based on a first-class, executive, or business class ticket;

(((48))) (49)(a) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as p.port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume.

9 SSB 5448 port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume.

(i) Wines that are both sealed or cappedp. by cork closure and aged two years or more;

9 SB 5448 capped by cork closure and aged two years or more;

NEW SECTION.

A new section is added to chapter 66.24 RCW to read as follows:

(1) There is an alcohol delivery license to deliver spirits, beer, and wine from a business licensed by the board with an endorsement for alcohol delivery to a person within the state of Washington.

(2) The annual fee for the alcohol delivery license is $2,000.

Sec.

4.

or (iii) An employee conducting alcohol deliveries for aan licensee that delivers alcohol underdelivery sectionlicense 1holder. (as codified under section 8 of this act) or 5 of this act.

10 SSBSB 5448 (b) There is an alcohol server permit, known as a class 13 permit, for a person who only serves alcohol, spirits, wines, or beer for consumption at an on-premises licensed facility.

(f) Every person whose duties include the delivery of alcohol authorized under section 1 (as codified under section 8 of this act) or 5 of this act must have a class 12 permit before engaging in alcohol deliverydelivery. and must pay a $5 fee to the board at the time of issuance and replacement of a class 12 permit separate from the general cost of the class 12 permit.

Moneys(3) collectedA frompermit issued by a training entity under this additionalsection $5is feevalid arefor allocatedemployment asat providedany retail licensed premises described in RCWsubsection 66.08.180(5).(2)(a) of this section for a period of five years unless suspended by the board.

A delivery employee whose duties include the delivery of alcohol authorized under section 1 (as codified under section 8 of this act) or 5 of this act must complete an approved class 12 permit course that includes a curriculum component that covers best practices for delivery of alcohol.

p.

11 SSB 5448 (3) A permit issued by a training entity under this section is valid for employment at any retail licensed premises described in subsection (2)(a) of this section for a period of five years unless suspended by the board.

or (b)p. The permittee has performed or permitted any act that constitutes a violation of this title or of any rule of the board.

11 SB 5448 (b) The permittee has performed or permitted any act that constitutes a violation of this title or of any rule of the board.

4.5.

p.(b) Examination and examination procedures;

12 SSB 5448 (b) Examination and examination procedures;

and (d) The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:

(iii)p. Driving while intoxicated;

12 SB 5448 (iii) Driving while intoxicated;

(vi) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and ((regulations))regulations. rules;

and (vii) Best practices for delivery of alcohol for a course approved for a person whose duties include the delivery of alcohol authorized under section 1 (as codified under section 8 of this act) or 5 of this act.

p.(6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d)(i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

13 SSB 5448 (6) Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d)(i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

(10)(a)p. Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.

13 SB 5448 (10)(a) Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.

5.6.

(2) Alcohol delivery may be performed by employees of an alcohol delivery endorsement holder or a holder of an alcohol delivery license under section 3 of this act if the employees:

6.

RCW 66.08.180 and 2019 c 325 s 5018 are each amended to read as follows:

p.

14 SSB 5448 Except as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210.

However, the board shall reserve from distribution such amount not exceeding ((five hundred thousand dollars)) $500,000 as may be necessary for the proper administration of this title.

(1) All license fees, penalties, and forfeitures derived under chapter 13, Laws of 1935 from spirits, beer, and wine restaurant;

spirits, beer, and wine private club;

hotel;

spirits, beer, and wine nightclub;

spirits, beer, and wine VIP airport lounge;

and sports entertainment facility licenses shall every three months be disbursed by the board as follows:

(a) ((Three hundred thousand dollars)) $300,000 per biennium, to the death investigations account for the state toxicology program pursuant to RCW 68.50.107;

and (b) Of the remaining funds:

(i) 6.06 percent to the University of Washington and 4.04 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research;

and (ii) 89.9 percent to the general fund to be used by the health care authority solely to carry out the purposes of RCW 71.24.535;

(2) The first ((fifty-five dollars)) $55 per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of ((one hundred fifty thousand dollars)) $150,000 annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;

(3) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360, shall be transferred to the general fund to be used by the health care authority solely to carry out the purposes of RCW 71.24.535;

((and)) (4) One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068.

The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund p.

15 SSB 5448 to be used by the department of social and health services and appropriated are separately accounted for;

and (5) All additional fees collected under RCW 66.20.310 (2)(f) must be transferred to the general fund for use by the health care authority or the department of health for substance abuse prevention, education, and treatment services.

Sec.

RCW 82.08.150 and 2021 c 48 s 6 are each amended to read as follows:

(1) There is levied and collected a tax upon each retail sale of spirits in the original package at the rate of fifteen percent of the selling price.

(2) There is levied and collected a tax upon each sale of spirits in the original package at the rate of ten percent of the selling price on sales by a spirits distributor licensee or other licensee acting as a spirits distributor pursuant to Title 66 RCW to restaurant spirits retailers.

(3) There is levied and collected an additional tax upon each sale of spirits in the original package by a spirits distributor licensee or other licensee acting as a spirits distributor pursuant to Title 66 RCW to a restaurant spirits retailer and upon each retail p.

14 SB 5448 sale of spirits in the original package by a licensee of the board at the rate of one dollar and seventy-two cents per liter.

(4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.

(5) An additional tax is imposed upon each sale of spirits in the original package by a spirits distributor licensee or other licensee acting as a spirits distributor pursuant to Title 66 RCW to a restaurant spirits retailer and upon each retail sale of spirits in the original package by a licensee of the board at the rate of seven cents per liter.

All revenues collected during any month from this additional tax must be deposited in the state general fund by the twenty-fifth day of the following month.

(6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of three and four-tenths percent of the selling price.

(b) An additional tax is imposed upon retail sale of spirits in the original package to a restaurant spirits retailer at the rate of two and three-tenths percent of the selling price.

(c) An additional tax is imposed upon each sale of spirits in the original package by a spirits distributor licensee or other licensee acting as a spirits distributor pursuant to Title 66 RCW to a restaurant spirits retailer and upon each retail sale of spirits in the original package by a licensee of the board at the rate of forty- one cents per liter.

(d) All revenues collected during any month from additional taxes under this subsection must be deposited in the state general fund by the twenty-fifth day of the following month.

(7)(a) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of one dollar and thirty- three cents per liter.

(b) All revenues collected during any month from additional taxes under this subsection must be deposited by the twenty-fifth day of the following month into the general fund.

(8) The tax imposed in RCW 82.08.020 does not apply to sales of spirits in the original package.

(9) The taxes imposed in this section must be paid by the buyer to the seller, and each seller must collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section.

The taxes required by this section to be collected by the p.

15 SB 5448 seller must be stated separately from the selling price, and for purposes of determining the tax due from the buyer to the seller, it is conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.

Sellers must report and return all taxes imposed in this section in accordance with rules adopted by the department.

(10)(a) Except as otherwise provided in this subsection, the terms, "spirits" and "package" have the same meaning as provided in chapter 66.04 RCW.

(b) ((Until July 1, 2023, for)) For the purposes of the taxes imposed under this section, the term "spirits" does not include mini- bottles of spirits sold by a person who possesses a valid endorsement under ((section 2(6), chapter 48, Laws of 2021)) section 1 of this act and is licensed as a spirits, beer, and wine restaurant under RCW 66.24.400.

(c) For the purposes of this subsection, "mini-bottles of spirits" means an original factory-sealed container holding not more than 50 milliliters of spirits.

NEW SECTION.

Sec.

8.

This act is exempt from the provisions of RCW 82.32.808 and 82.32.805.

Sec.

9.

8.10.

Section 1 of this act is codified as a new section in chapter 66.24 RCW.

NEW SECTION.

Sec.

9.

16 SSBSB 5448