(1) Per
RCW
66.08.030(20) and chapter
66.32 RCW, the board may destroy lawfully seized liquor under the following
conditions:
(a) The board must maintain a
record of the type, brand, and amount of liquor seized for at least one
year.
(b) The lawfully seized
liquor may be destroyed only after:
(i) The
board's charges of a violation of
Title
66 RCW or board regulations
have been sustained after an administrative proceeding pursuant to chapter
314-29 WAC as now or hereafter amended, in which the liquor to be destroyed has
been the subject of, or evidence in, the administrative proceeding;
or
(ii) The board's charges of a
violation of
Title
66 RCW or board regulations
have been admitted or are not contested by the person from whom the liquor was
seized and the liquor seized was the subject of the charged violation;
or
(iii) The liquor was seized
pursuant to lawful arrest and liquor was held as evidence in a criminal
proceeding where a final disposition has been reached; or
(iv) When no administrative or judicial
proceedings are held, all parties who claim a right, title, or interest in the
seized liquor have been given notice and opportunity for a hearing to determine
his or her right, title, or interest in the subject liquor. Claims of right,
title, or interest in seized liquor must be made to the board, in writing,
within thirty days of the date of seizure.
(2) If the liquor lawfully seized is in its
original, sealed container, the board may either:
(a) Sell the unopened beer, wine, or spirits
to the distributor selling the product at a negotiated price. The bill of sale
must be kept for three years; or
(b) Upon written request from a law
enforcement agency, provide the liquor to the law enforcement agency for bona
fide training.
