(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.
