Liquor licenses

AN ACT Relating to the timely issuance of certain liquor 1
licenses, renewals, and endorsements; and amending RCW 66.24.010.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 66.24.010 and 2019 c 370 s 1 are each amended to 4
read as follows: 5
(1) Every license must be issued in the name of the applicant, 6
and the holder thereof may not allow any other person to use the 7
license. 8
(2) For the purpose of considering any application for a license, 9
or the renewal of a license, the board may cause an inspection of the 10
premises to be made, and may inquire into all matters in connection 11
with the construction and operation of the premises. For the purpose 12
of reviewing any application for a license and for considering the 13
denial, suspension, revocation, or renewal or denial thereof, of any 14
license, the board may consider any prior criminal conduct of the 15
applicant including an administrative violation history record with 16
the board and a criminal history record information check. The board 17
may submit the criminal history record information check to the 18
Washington state patrol and to the identification division of the 19
federal bureau of investigation in order that these agencies may 20
search their records for prior arrests and convictions of the 21
S-0523.1
SENATE BILL 5399
State of Washington 69th Legislature 2025 Regular Session
By Senators Schoesler, Conway, Chapman, Dozier, Riccelli, Shewmake,
and J. Wilson
Read first time 01/21/25. Referred to Committee on Labor & Commerce.
p. 1 SB 5399
individual or individuals who filled out the forms. The board must 1
require fingerprinting of any applicant whose criminal history record 2
information check is submitted to the federal bureau of 3
investigation. The provisions of RCW 9.95.240 and of chapter 9.96A 4
RCW do not apply to such cases. Subject to the provisions of this 5
section, the board may, in its discretion, grant or deny the renewal 6
or license applied for. Denial may be based on, without limitation, 7
the existence of chronic illegal activity documented in objections 8
submitted pursuant to subsections (8)(d) and (12) of this section. 9
Authority to approve an uncontested or unopposed license may be 10
granted by the board to any staff member the board designates in 11
writing. Conditions for granting such authority must be adopted by 12
rule. No retail license of any kind may be issued to:13
(a) A person doing business as a sole proprietor who has not 14
resided in the state for at least one month prior to receiving a 15
license, except in cases of licenses issued to dining places on 16
railroads, boats, or aircraft; 17
(b) A copartnership, unless all of the members thereof are 18
qualified to obtain a license, as provided in this section;19
(c) A person whose place of business is conducted by a manager or 20
agent, unless such manager or agent possesses the same qualifications 21
required of the licensee; 22
(d) A corporation or a limited liability company, unless it was 23
created under the laws of the state of Washington or holds a 24
certificate of authority to transact business in the state of 25
Washington. 26
(3)(a) The board may, in its discretion, subject to the 27
provisions of RCW 66.08.150, suspend or cancel any license; and all 28
rights of the licensee to keep or sell liquor thereunder must be 29
suspended or terminated, as the case may be. 30
(b) The board must immediately suspend the license or certificate 31
of a person who has been certified pursuant to RCW 74.20A.320 by the 32
department of social and health services as a person who is not in 33
compliance with a support order. If the person has continued to meet 34
all other requirements for reinstatement during the suspension, 35
reissuance of the license or certificate is automatic upon the 36
board's receipt of a release issued by the department of social and 37
health services stating that the licensee is in compliance with the 38
order. 39
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(c) Upon written notification by the department of revenue in 1
accordance with RCW 82.08.155 that a person is more than thirty days 2
delinquent in reporting or remitting spirits taxes to the department, 3
the board must suspend all spirits licenses held by that person. The 4
board must also refuse to renew any existing spirits license of, or 5
issue any new spirits license to, the person or any other applicant 6
controlled directly or indirectly by that person. The board may not 7
reinstate a person's spirits license or renew or issue a new spirits 8
license to that person, or an applicant controlled directly or 9
indirectly by that person, until such time as the department of 10
revenue notifies the board that the person is current in reporting 11
and remitting spirits taxes or that the department consents to the 12
reinstatement or renewal of the person's spirits license or the 13
issuance of a new spirits license to the person. For purposes of this 14
section: (i) "Spirits license" means any license issued by the board 15
under the authority of this chapter that authorizes the licensee to 16
sell spirits; and (ii) "spirits taxes" has the same meaning as in RCW 17
82.08.155. 18
(d) The board may request the appointment of administrative law 19
judges under chapter 34.12 RCW who must have power to administer 20
oaths, issue subpoenas for the attendance of witnesses and the 21
production of papers, books, accounts, documents, and testimony, 22
examine witnesses, and to receive testimony in any inquiry, 23
investigation, hearing, or proceeding in any part of the state, under 24
such rules and regulations as the board may adopt.25
(e) Witnesses are allowed fees and mileage each way to and from 26
any such inquiry, investigation, hearing, or proceeding at the rate 27
authorized by RCW 34.05.446. Fees need not be paid in advance of 28
appearance of witnesses to testify or to produce books, records, or 29
other legal evidence. 30
(f) In case of disobedience of any person to comply with the 31
order of the board or a subpoena issued by the board, or any of its 32
members, or administrative law judges, or on the refusal of a witness 33
to testify to any matter regarding which he or she may be lawfully 34
interrogated, the judge of the superior court of the county in which 35
the person resides, on application of any member of the board or 36
administrative law judge, must compel obedience by contempt 37
proceedings, as in the case of disobedience of the requirements of a 38
subpoena issued from said court or a refusal to testify therein.39
p. 3 SB 5399
(4) Upon receipt of notice of the suspension or cancellation of a 1
license, the licensee must forthwith deliver up the license to the 2
board. Where the license has been suspended only, the board must 3
return the license to the licensee at the expiration or termination 4
of the period of suspension. The board must notify all vendors in the 5
city or place where the licensee has its premises of the suspension 6
or cancellation of the license; and no employee may allow or cause 7
any liquor to be delivered to or for any person at the premises of 8
that licensee. 9
(5)(a) For the original issuance of a liquor license, including 10
the approval of a conditional license as provided in (b) of this 11
subsection, the board must set the expiration date of the license to 12
the last day of the calendar month that is twelve months from the 13
calendar month in which final approval of the license is granted. 14
Upon renewal, the expiration date of the license, including licenses 15
approved under (b) of this subsection, may subsequently be prorated 16
as necessary in accordance with chapter 19.02 RCW.17
(b)(i) When an applicant for a liquor license is qualified for 18
approval of the license in every way except having executed a lease 19
or purchase agreement for the proposed licensed premises, the board 20
must grant conditional approval to the applicant. 21
(ii) Upon notification to the board of execution of the lease or 22
purchase agreement putting the applicant in control of the premises, 23
the board must immediately grant final approval of the license 24
issuance, and the licensee may immediately begin exercising all 25
privileges provided under the license, except as otherwise provided 26
under this title. 27
(iii) For the purposes of this title, the term "license" includes 28
"conditional license." 29
(6) Every license issued under this section is subject to all 30
conditions and restrictions imposed by this title or by rules adopted 31
by the board. All conditions and restrictions imposed by the board in 32
the issuance of an individual license may be listed on the face of 33
the individual license along with the trade name, address, and 34
expiration date. Conditions and restrictions imposed by the board may 35
also be included in official correspondence separate from the 36
license. All spirits licenses are subject to the condition that the 37
spirits license holder must report and remit to the department of 38
revenue all spirits taxes by the date due. 39
p. 4 SB 5399
(7) Every licensee must post and keep posted its license, or 1
licenses, and any additional correspondence containing conditions and 2
restrictions imposed by the board in a conspicuous place on the 3
premises. 4
(8)(a) Unless (b) of this subsection applies, before the board 5
issues a new or renewal license to an applicant it must give notice 6
of such application to the chief executive officer of the 7
incorporated city or town, if the application is for a license within 8
an incorporated city or town, or to the county legislative authority, 9
if the application is for a license outside the boundaries of 10
incorporated cities or towns. 11
(b) If the application for a special occasion license is for an 12
event held during a county, district, or area fair as defined by RCW 13
15.76.120, and the county, district, or area fair is located on 14
property owned by the county but located within an incorporated city 15
or town, the county legislative authority must be the entity notified 16
by the board under (a) of this subsection. The board must send a 17
duplicate notice to the incorporated city or town within which the 18
fair is located. 19
(c) The incorporated city or town through the official or 20
employee selected by it, or the county legislative authority or the 21
official or employee selected by it, has the right to file with the 22
board within twenty days after the date of transmittal of such notice 23
for applications, or at least thirty days prior to the expiration 24
date for renewals, written objections against the applicant or 25
against the premises for which the new or renewal license is asked. 26
The board may extend the time period for submitting written 27
objections. 28
(d) The written objections must include a statement of all facts 29
upon which such objections are based, and in case written objections 30
are filed, the city or town or county legislative authority may 31
request and the board may in its discretion hold a hearing subject to 32
the applicable provisions of Title 34 RCW. If the board makes an 33
initial decision to deny a license or renewal based on the written 34
objections of an incorporated city or town or county legislative 35
authority, the applicant may request a hearing subject to the 36
applicable provisions of Title 34 RCW. If such a hearing is held at 37
the request of the applicant, board representatives must present and 38
defend the board's initial decision to deny a license or renewal.39
p. 5 SB 5399
(e) Upon the granting of a license under this title the board 1
must send written notification to the chief executive officer of the 2
incorporated city or town in which the license is granted, or to the 3
county legislative authority if the license is granted outside the 4
boundaries of incorporated cities or towns. When the license is for a 5
special occasion license for an event held during a county, district, 6
or area fair as defined by RCW 15.76.120, and the county, district, 7
or area fair is located on county-owned property but located within 8
an incorporated city or town, the written notification must be sent 9
to both the incorporated city or town and the county legislative 10
authority. 11
(9)(a) Before the board issues any license to any applicant, it 12
shall give (i) due consideration to the location of the business to 13
be conducted under such license with respect to the proximity of 14
churches, schools, and public institutions and (ii) written notice((, 15
with receipt verification, )) of the application to public 16
institutions identified by the board as appropriate to receive such 17
notice, churches, and schools within five hundred feet of the 18
premises to be licensed. The board may not issue a liquor license for 19
either on-premises or off-premises consumption covering any premises 20
not now licensed, if such premises are within five hundred feet of 21
the premises of any tax-supported public elementary or secondary 22
school measured along the most direct route over or across 23
established public walks, streets, or other public passageway from 24
the main entrance of the school to the nearest public entrance of the 25
premises proposed for license, and if, after receipt by the school of 26
the notice as provided in this subsection, the board receives written 27
objection, within twenty days after receiving such notice, from an 28
official representative or representatives of the school within five 29
hundred feet of said proposed licensed premises, indicating to the 30
board that there is an objection to the issuance of such license 31
because of proximity to a school. The board may extend the time 32
period for submitting objections. For the purpose of this section, 33
"church" means a building erected for and used exclusively for 34
religious worship and schooling or other activity in connection 35
therewith. For the purpose of this section, "public institution" 36
means institutions of higher education, parks, community centers, 37
libraries, and transit centers. 38
(b) No liquor license may be issued or reissued by the board to 39
any motor sports facility or licensee operating within the motor 40
p. 6 SB 5399
sports facility unless the motor sports facility enforces a program 1
reasonably calculated to prevent alcohol or alcoholic beverages not 2
purchased within the facility from entering the facility and such 3
program is approved by local law enforcement agencies.4
(c) It is the intent under this subsection (9) that a retail 5
license may not be issued by the board where doing so would, in the 6
judgment of the board, adversely affect a private school meeting the 7
requirements for private schools under Title 28A RCW, which school is 8
within five hundred feet of the proposed licensee. The board must 9
fully consider and give substantial weight to objections filed by 10
private schools. If a license is issued despite the proximity of a 11
private school, the board must state in a letter addressed to the 12
private school the board's reasons for issuing the license.13
(10) The restrictions set forth in subsection (9) of this section 14
do not prohibit the board from authorizing the assumption of existing 15
licenses now located within the restricted area by other persons or 16
licenses or relocations of existing licensed premises within the 17
restricted area. In no case may the licensed premises be moved closer 18
to a church or school than it was before the assumption or 19
relocation. 20
(11)(a) Nothing in this section prohibits the board, in its 21
discretion, from issuing a temporary retail or distributor license to 22
an applicant to operate the retail or distributor premises during the 23
period the application for the license is pending. The board may 24
establish a fee for a temporary license by rule. 25
(b) A temporary license issued by the board under this section 26
must be for a period not to exceed sixty days. A temporary license 27
may be extended at the discretion of the board for additional periods 28
of sixty days upon payment of an additional fee and upon compliance 29
with all conditions required in this section. 30
(c) Refusal by the board to issue or extend a temporary license 31
shall not entitle the applicant to request a hearing. A temporary 32
license may be canceled or suspended summarily at any time if the 33
board determines that good cause for cancellation or suspension 34
exists. RCW 66.08.130 applies to temporary licenses.35
(d) Application for a temporary license must be on such form as 36
the board shall prescribe. If an application for a temporary license 37
is withdrawn before issuance or is refused by the board, the fee 38
which accompanied such application must be refunded in full.39
p. 7 SB 5399
(12) In determining whether to grant or deny a license or renewal 1
of any license, the board must give substantial weight to objections 2
from an incorporated city or town or county legislative authority 3
based upon chronic illegal activity associated with the applicant's 4
operations of the premises proposed to be licensed or the applicant's 5
operation of any other licensed premises, or the conduct of the 6
applicant's patrons inside or outside the licensed premises. "Chronic 7
illegal activity" means (a) a pervasive pattern of activity that 8
threatens the public health, safety, and welfare of the city, town, 9
or county including, but not limited to, open container violations, 10
assaults, disturbances, disorderly conduct, or other criminal law 11
violations, or as documented in crime statistics, police reports, 12
emergency medical response data, calls for service, field data, or 13
similar records of a law enforcement agency for the city, town, 14
county, or any other municipal corporation or any state agency; or 15
(b) an unreasonably high number of citations for violations of RCW 16
46.61.502 associated with the applicant's or licensee's operation of 17
any licensed premises as indicated by the reported statements given 18
to law enforcement upon arrest. 19
(13)(a) Except as provided in (b) of this subsection, the board 20
must issue a decision on an application for a liquor license, 21
renewal, or endorsement under RCW 66.24.320 through 66.24.354, 22
66.24.400 through 66.24.455, 66.24.650, or 66.24.655 within 45 days 23
of receiving the application and documentation under subsection (6) 24
of this section and related rules, or the application is approved by 25
default.26
(b) The board may extend the time period allowed in (a) of this 27
subsection by an additional 30 days if it:28
(i) Determines good cause for the extension exists, which may 29
include time for the board to review objections to a liquor license, 30
renewal, or endorsement under this section; and31
(ii) Issues a temporary license to the applicant during the 32
extension.33
(c) If the board fails to issue a decision on an application 34
within the additional 30 days allowed in (b) of this subsection, the 35
temporary license must be converted into a permanent license and is 36
approved by default.37
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(14) Any notifications required under this section may be issued 1
concurrently.2
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p. 9 SB 5399