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2007 House Bill 2113: Regarding objections by cities, towns, and counties to the issuance of liquor licenses.
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.
Referred to the House Commerce & Labor Committee on February 8, 2007
Referred to the House Rules Committee on February 28, 2007
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.
The amendment passed by voice vote in the House on March 13, 2007
Received in the Senate on March 15, 2007
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.
Referred to the Senate Rules Committee on March 30, 2007
Received in the House on April 14, 2007
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.
The amendment passed by voice vote in the House on April 16, 2007
Signed by Gov. Christine Gregoire on May 14, 2007