CERTIFICATION OF ENROLLMENT HOUSE BILL 2204 Chapter 91, Laws of 2024 68th Legislature 2024 Regular Session EMERGENCY LIQUOR PERMITS EFFECTIVE DATE: June 6, 2024 Passed by the House February 12, 2024 CERTIFICATE Yeas 92 Nays 5 I, Bernard Dean, Chief Clerk of the House of Representatives of the LAURIE JINKINS State of Washington, do hereby Speaker of the House of certify that the attached is HOUSE Representatives BILL 2204 as passed by the House of Representatives and the Senate on the dates hereon set forth. Passed by the Senate March 1, 2024 Yeas 49 Nays 0 BERNARD DEAN Chief Clerk DENNY HECK President of the Senate Approved March 14, 2024 11:25 AM FILED March 14, 2024 Secretary of State JAY INSLEE State of Washington Governor of the State of Washington HOUSE BILL 2204 Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By Representatives Waters and Wylie Read first time 01/09/24. Referred to Committee on Regulated Substances & Gaming. 1 AN ACT Relating to the creation of a special liquor permit to 2 authorize the sale of liquor by a manufacturer of liquor at another 3 licensed premises during an emergency; and amending RCW 66.20.010. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 Sec. 1. RCW 66.20.010 and 2023 c 257 s 1 are each amended to 6 read as follows: 7 Upon application in the prescribed form being made to any 8 employee authorized by the board to issue permits, accompanied by 9 payment of the prescribed fee, and upon the employee being satisfied 10 that the applicant should be granted a permit under this title, the 11 employee must issue to the applicant under such regulations and at 12 such fee as may be prescribed by the board a permit of the class 13 applied for, as follows: 14 (1) Where the application is for a special permit by a physician 15 or dentist, or by any person in charge of an institution regularly 16 conducted as a hospital or sanatorium for the care of persons in ill 17 health, or as a home devoted exclusively to the care of aged people, 18 a special liquor purchase permit, except that the governor may waive 19 the requirement for a special liquor purchase permit under this 20 subsection pursuant to an order issued under RCW 43.06.220(2); p. 1 HB 2204.SL 1 (2) Where the application is for a special permit by a person 2 engaged within the state in mechanical or manufacturing business or 3 in scientific pursuits requiring alcohol for use therein, or by any 4 private individual, a special permit to purchase alcohol for the 5 purpose named in the permit, except that the governor may waive the 6 requirement for a special liquor purchase permit under this 7 subsection pursuant to an order issued under RCW 43.06.220(2); 8 (3) Where the application is for a special permit to consume 9 liquor at a banquet, at a specified date and place, a special permit 10 to purchase liquor for consumption at such banquet, to such 11 applicants as may be fixed by the board; 12 (4) Where the application is for a special permit to consume 13 liquor on the premises of a business not licensed under this title, a 14 special permit to purchase liquor for consumption thereon for such 15 periods of time and to such applicants as may be fixed by the board; 16 (5) Where the application is for a special permit by a 17 manufacturer to import or purchase within the state alcohol, malt, 18 and other materials containing alcohol to be used in the manufacture 19 of liquor, or other products, a special permit; 20 (6) Where the application is for a special permit by a person 21 operating a drug store to purchase liquor at retail prices only, to 22 be thereafter sold by such person on the prescription of a physician, 23 a special liquor purchase permit, except that the governor may waive 24 the requirement for a special liquor purchase permit under this 25 subsection pursuant to an order issued under RCW 43.06.220(2); 26 (7) Where the application is for a special permit by an 27 authorized representative of a military installation operated by or 28 for any of the armed forces within the geographical boundaries of the 29 state of Washington, a special permit to purchase liquor for use on 30 such military installation; 31 (8) Where the application is for a special permit by a vendor 32 that manufactures or sells a product which cannot be effectively 33 presented to potential buyers without serving it with liquor or by a 34 manufacturer, importer, or distributor, or representative thereof, to 35 serve liquor without charge to delegates and guests at a convention 36 of a trade association composed of licensees of the board, when the 37 said liquor is served in a hospitality room or from a booth in a 38 board-approved suppliers' display room at the convention, and when 39 the liquor so served is for consumption in the said hospitality room 40 or display room during the convention, anything in this title to the p. 2 HB 2204.SL 1 contrary notwithstanding. Any such spirituous liquor must be 2 purchased from a spirits retailer or distributor, and any such liquor 3 is subject to the taxes imposed by RCW 82.08.150, 66.24.290, and 4 66.24.210; 5 (9) Where the application is for a special permit by a 6 manufacturer, importer, or distributor, or representative thereof, to 7 donate liquor for a reception, breakfast, luncheon, or dinner for 8 delegates and guests at a convention of a trade association composed 9 of licensees of the board, when the liquor so donated is for 10 consumption at the said reception, breakfast, luncheon, or dinner 11 during the convention, anything in this title to the contrary 12 notwithstanding. Any such spirituous liquor must be purchased from a 13 spirits retailer or distributor, and any such liquor is subject to 14 the taxes imposed by RCW 82.08.150, 66.24.290, and 66.24.210; 15 (10) Where the application is for a special permit by a 16 manufacturer, importer, or distributor, or representative thereof, to 17 donate and/or serve liquor without charge to delegates and guests at 18 an international trade fair, show, or exposition held under the 19 auspices of a federal, state, or local governmental entity or 20 organized and promoted by a nonprofit organization, anything in this 21 title to the contrary notwithstanding. Any such spirituous liquor 22 must be purchased from a liquor spirits retailer or distributor, and 23 any such liquor is subject to the taxes imposed by RCW 82.08.150, 24 66.24.290, and 66.24.210; 25 (11) Where the application is for an annual special permit by a 26 person operating a bed and breakfast lodging facility to donate or 27 serve wine or beer without charge to overnight guests of the facility 28 if the wine or beer is for consumption on the premises of the 29 facility. "Bed and breakfast lodging facility," as used in this 30 subsection, means a facility offering from one to eight lodging units 31 and breakfast to travelers and guests; 32 (12) Where the application is for a special permit to allow 33 tasting of alcohol by persons at least 18 years of age under the 34 following circumstances: 35 (a) The application is from a community or technical college as 36 defined in RCW 28B.50.030, a regional university, or a state 37 university; 38 (b) The person who is permitted to taste under this subsection is 39 enrolled as a student in a required or elective class that is part of 40 a culinary, sommelier, wine business, enology, viticulture, wine p. 3 HB 2204.SL 1 technology, beer technology, or spirituous technology-related degree 2 program; 3 (c) The alcohol served to any person in the degree-related 4 programs under (b) of this subsection is tasted but not consumed for 5 the purposes of educational training as part of the class curriculum 6 with the approval of the educational provider; 7 (d) The service and tasting of alcoholic beverages is supervised 8 by a faculty or staff member of the educational provider who is 21 9 years of age or older. The supervising faculty or staff member shall 10 possess a class 12 or 13 alcohol server permit under the provisions 11 of RCW 66.20.310; 12 (e) The enrolled student permitted to taste the alcoholic 13 beverages does not purchase the alcoholic beverages; 14 (f) The enrolled student permitted to taste the alcoholic 15 beverages conducts the tasting either: (i) On the premises of the 16 college or university at which the student is enrolled; or (ii) while 17 on a field trip to a grape-growing area or production facility so 18 long as the enrolled student is accompanied by a faculty or staff 19 member with a class 12 or 13 alcohol server permit who supervises as 20 provided in (d) of this subsection and all other requirements of this 21 subsection (12) are met; and 22 (g) The permit fee for the special permit provided for in this 23 subsection (12) must be waived by the board; 24 (13) Where the application is for a special permit by a 25 distillery or craft distillery for an event not open to the general 26 public to be held or conducted at a specific place, including at the 27 licensed premise of the applying distillery or craft distillery, upon 28 a specific date for the purpose of tasting and selling spirits of its 29 own production. The distillery or craft distillery must obtain a 30 permit for a fee of $10 per event. An application for the permit must 31 be submitted for private banquet permits prior to the event and, once 32 issued, must be posted in a conspicuous place at the premises for 33 which the permit was issued during all times the permit is in use. No 34 licensee may receive more than 12 permits under this subsection (13) 35 each year; 36 (14) Where the application is for a special permit by a 37 manufacturer of wine for an event not open to the general public to 38 be held or conducted at a specific place upon a specific date for the 39 purpose of tasting and selling wine of its own production. The winery 40 must obtain a permit for a fee of $10 per event. An application for p. 4 HB 2204.SL 1 the permit must be submitted at least ten days before the event and 2 once issued, must be posted in a conspicuous place at the premises 3 for which the permit was issued during all times the permit is in 4 use. No more than 12 events per year may be held by a single 5 manufacturer under this subsection; 6 (15) Where the application is for a special permit by a 7 manufacturer of beer for an event not open to the general public to 8 be held or conducted at a specific place upon a specific date for the 9 purpose of tasting and selling beer of its own production. The 10 brewery or microbrewery must obtain a permit for a fee of $10 per 11 event. An application for the permit must be submitted at least 10 12 days before the event and, once issued, must be posted in a 13 conspicuous place at the premises for which the permit was issued 14 during all times the permit is in use. No more than 12 events per 15 year may be held by a single manufacturer under this subsection; 16 (16) Where the application is for a special permit by an 17 individual or business to sell a private collection of wine or 18 spirits to an individual or business. The seller must obtain a permit 19 at least five business days before the sale, for a fee of $25 per 20 sale. The seller must provide an inventory of products sold and the 21 agreed price on a form provided by the board. The seller shall submit 22 the report and taxes due to the board no later than 20 calendar days 23 after the sale. A permit may be issued under this section to allow 24 the sale of a private collection to licensees, but may not be issued 25 to a licensee to sell to a private individual or business which is 26 not otherwise authorized under the license held by the seller. If the 27 liquor is purchased by a licensee, all sales are subject to taxes 28 assessed as on liquor acquired from any other source. The board may 29 adopt rules to implement this section; 30 (17)(a) A special permit, where the application is for a special 31 permit by a nonprofit organization to sell wine through an auction, 32 not open to the public, to be conducted at a specific place, upon a 33 specific date, and to allow wine tastings at the auction of the wine 34 to be auctioned. 35 (b) A permit holder under this subsection (17) may at the 36 specified event: 37 (i) Sell wine by auction for off-premises consumption; and 38 (ii) Allow tastings of samples of the wine to be auctioned at the 39 event. p. 5 HB 2204.SL 1 (c) An application is required for a permit under this subsection 2 (17). The application must be submitted prior to the event and once 3 issued must be posted in a conspicuous place at the premises for 4 which the permit was issued during all times the permit is in use. 5 (d) Wine from more than one winery may be sold at the auction; 6 however, each winery selling wine at the auction must be listed on 7 the permit application. Only a single application form may be 8 required for each auction, regardless of the number of wineries that 9 are selling wine at the auction. The total fee per event for a permit 10 issued under this subsection (17) is $25 multiplied by the number of 11 wineries that are selling wine at the auction. 12 (e) For the purposes of this subsection (17), "nonprofit 13 organization" means an entity incorporated as a nonprofit 14 organization under Washington state law. 15 (f) The board may adopt rules to implement this section; ((and)) 16 (18) An annual special permit to allow a short-term rental 17 operator to provide one complimentary bottle of wine to rental guests 18 who are age 21 or over. The annual special permit fee is $75. A 19 single permit applies to all rental properties owned or operated by 20 the short-term rental operator and identified in the permit 21 application. One complimentary bottle of wine per booking may be 22 provided, regardless of the total number of rental guests. The 23 provision of the complimentary bottle of wine may occur only after an 24 operator or staff person of the short-term rental, who is present at 25 the short-term rental property, verifies that each rental guest who 26 will consume the complimentary bottle of wine is age 21 or over by 27 checking a valid form of identification of each such rental guest at 28 the time rental guests arrive. The rental guests must be informed the 29 rental guests are being offered one complimentary bottle of wine and 30 that opening or consuming the bottle of wine in a public place is 31 illegal pursuant to RCW 66.44.100. The rental guests must not have 32 notified the operator that the rental guests decline the 33 complimentary bottle of wine. The complimentary bottle of wine may be 34 consumed on the premises of the rental property or removed and 35 consumed off the premises of the rental property. A permit holder may 36 purchase wine from wine distributors in accordance with RCW 37 66.24.200, and from retailers and other suppliers of wine authorized 38 under this title to sell wine at retail to consumers for off-premises 39 consumption. For purposes of this subsection, the terms "short-term p. 6 HB 2204.SL 1 rental," "operator," and "guest" have the same meanings as in RCW 2 64.37.010; and 3 (19) Where the application is for an emergency liquor permit by a 4 licensed manufacturer to authorize the sale, service, and consumption 5 of liquor on the premises of another liquor licensee with retail 6 sales privileges when an emergency or disaster as defined in RCW 7 38.52.010 has made the premises of the applicant inaccessible and 8 unable to operate due to an emergency or road closure, except that 9 the fee must be waived if there is a proclamation of a state of 10 emergency issued by the governor or by the city, town, or county 11 where the applicant is located. The permit shall be valid for 30 days 12 and may be continually renewed for periods of 30 days if the 13 emergency or disaster continues. Employees or agents of the emergency 14 permit holder or the licensed premises may serve liquor provided by 15 the permit holder. The permit holder may store no more than a 30-day 16 supply of liquor at the licensed premises in segregated storage. No 17 more than a total of three emergency permit holders may sell at the 18 same licensed premises under an emergency permit. Passed by the House February 12, 2024. Passed by the Senate March 1, 2024. Approved by the Governor March 14, 2024.