LCB Board Action: Alcohol Interim Policies Withdrawn
On December 8, 2021, during a regularly scheduled meeting, the Liquor and Cannabis Board took the following actions on these Board Interim Policies (BIP):
Contract Liquor Stores (Withdrawn):
Rescinded Board Interim Policy 01-2012 regarding contract liquor stores. This BIP memorialized the direction the board is taking in implementation of I-1183 regarding contract liquor store relocation. The BIP provided that if a contract liquor store manager is considering relocating in their same town or community they must obtain Board approval and complete their relocation prior to June 1, 2012, in order to receive the exception to the 10,000 square foot requirement for a spirits retail liquor license. All other requirements for a spirits retail liquor license must be met before a license is issued. Since the relocations described in this subsection of BIP 01-2012 have already occurred, that provision of the BIP is no longer necessary. However, the remaining two provisions in the BIP, concerning relocation after June 1, 2012, and exceptions to the 10,000 square foot requirement are still needed, and the agency has converted these provisions to a policy statement.
Relocation of Former State Liquor Stores Rescinded (Withdrawn)
Rescinded Board Interim Policy 04-2012 regarding relocation of former state liquor stores. This BIP outlined the principles by which the board will evaluate requests for title holders of former state liquor store locations. The BIP noted that various factors may prevent agreement between landlord and prospective licensee, including incomplete agreements from other tenants, commercial terms within a lease, and inconsistencies between a licensee’s business model and the size or location of the landlord’s property. Statute does not authorize the LCB to require a landlord or prospective lessee to engage in business together. When LCB auctioned the rights associated with the 167 state-owned liquor stores, it informed bidders that property rights were not part of the auction, and that leases, if desired would have to be negotiated between the auction winner and landlord. Bidders were offered four specific options, and BIP 04-2012 provided a list of criteria to assist with evaluation requests. Agency staff indicated that this BIP is still regularly used, and should be converted to rule. Until rulemaking is completed, the agency has converted these provisions to a policy statement.
Use of Internet or Mobile Applications to Purchase Alcohol (Withdrawn)
Rescinded Board Interim Policy 05-2106 that allowed retail customers to use internet sites or mobile applications to purchase alcohol to be delivered to consumers. This interim policy was issued in response to a request from Drizly for approval to make their mobile application available to Washington State consumers. Drizly is a technology company that provides an internet ordering interface for alcohol product by partnering with licensed alcohol retailers. The retailer selects what products are listed for sale and the price of each product listed on the Drizly website or app. The alcohol retailer receives the order through Drizly, processes the payment, and completes the delivery. In 2014, Board staff informally approved Drizly’s operation in Washington State. However, RCW 66.28.050 prohibits solicitation of orders on behalf of a licensee without a gift delivery license, a representative license or a certificate of approval, but the intent of the language refers to solicitations by persons on behalf of wholesalers. The language of this policy was incorporated into WAC 314-03-020 filed as WSR 17-17-030 on August 9, 2017, and effective September 9, 2017. For these reasons, BIP 05-2016 is no longer necessary
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