Introduced by Rep. Brendan Williams, (D-Olympia) (D) on February 8, 2007
To modify provisions allowing local governments to object to the issuance of a liquor license to certain individuals or businesses. Currently, local governments are allowed to submit written objections to the Liquor Control Board. The bill would require the board to give substantial weight to objections based on threats to public health and safety, an unreasonably high number of citations, or an unreasonably high use of local police services. The licensee would have the burden of proof countering the local government’s objections.
Official Text and Analysis.
Amendment offered by Rep. Brendan Williams, (D-Olympia) (D) on March 13, 2007
To specify that in determining whether to grant or deny a
license or renewal, the Board must give substantial weight to
objections from a local jurisdiction based upon chronic illegal
activity associated with the applicant's operation of the premises or
the applicant's operation of any other licensed premises or the conduct
of applicant's patrons inside and outside the premises. Defines
chronic illegal activity to mean: (1) A pervasive pattern of activity
that threatens the public health, safety and welfare, including but not
limited to open container violations, assaults, disturbances,
disorderly conduct, or other criminal violations, or as documented in
crime statistics, police reports, emergency medical response data,
calls for service, field data or similar records of a law enforcement
agency; or (2) an unreasonably high number of citations for driving
under the influence associated with the applicant's operation of any
licensed premises as indicated by reported statements of patrons to the
State Patrol. Specifies that denial of a license or renewal may be
based on, without limitation, the existence of chronic illegal
activity.
Deletes definition of "substantial weight." Deletes provision
stating that the burden of demonstrating the contrary of the local
jurisdiction's objections is on the applicant.
Provides that if the Board makes an initial decision to deny a
license or renewal based on the objections of a local jurisdiction, the
Board may hold a hearing at the request of an applicant. If such a
hearing is held, Board representatives shall present and defend the
Board's initial decision to deny a license or renewal.
Provides that the Board may inquire into the premises and consider
criminal conduct for renewal as well as new license applications.
Specifies that the Board may consider an administrative violation
history for both new and renewal applicants. Places in statute the
requirement that the Board must give notice to local jurisdictions on
renewal as well as new applications.
Deletes the requirement for the Board to refuse a spirits, beer,
and wine license if certain criteria are shown.
Referred to the Senate Labor, Commerce, Research and Development Committee on March 15, 2007
Amendment offered to the Senate Labor, Commerce, Research and Development Committee on March 29, 2007
To clarify that if
an applicant requests a hearing, that hearing must, rather than may, be granted. Removes the
reference to the Washington State Patrol and replaces it with the term law enforcement since
many jurisdictions rely on local law enforcement rather than the Washington State Patrol.
Amendment offered by Rep. Brendan Williams, (D-Olympia) (D) on April 16, 2007
To specify that in determining whether to grant or deny a
license or renewal, the Board must give substantial weight to
objections from a local jurisdiction based upon chronic illegal
activity associated with the applicant's operation of the premises or
the applicant's operation of any other licensed premises or the conduct
of applicant's patrons inside and outside the premises. Defines
chronic illegal activity to mean: (1) A pervasive pattern of activity
that threatens the public health, safety and welfare, including but not
limited to open container violations, assaults, disturbances,
disorderly conduct, or other criminal violations, or as documented in
crime statistics, police reports, emergency medical response data,
calls for service, field data or similar records of a law enforcement
agency; or (2) an unreasonably high number of citations for driving
under the influence associated with the applicant's operation of any
licensed premises as indicated by reported statements of patrons to the
State Patrol. Specifies that denial of a license or renewal may be
based on, without limitation, the existence of chronic illegal
activity.
Deletes definition of "substantial weight." Deletes provision
stating that the burden of demonstrating the contrary of the local
jurisdiction's objections is on the applicant.
Provides that if the Board makes an initial decision to deny a
license or renewal based on the objections of a local jurisdiction, the
Board may hold a hearing at the request of an applicant. If such a
hearing is held, Board representatives shall present and defend the
Board's initial decision to deny a license or renewal.
Provides that the Board may inquire into the premises and consider
criminal conduct for renewal as well as new license applications.
Specifies that the Board may consider an administrative violation
history for both new and renewal applicants. Places in statute the
requirement that the Board must give notice to local jurisdictions on
renewal as well as new applications.
Deletes the requirement for the Board to refuse a spirits, beer,
and wine license if certain criteria are shown.