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Liquor Theft Bill Draft

Liquor Theft Bill Draft

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Published by KING 5 News
KING 5 News
KING 5 News

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Published by: KING 5 News on Jan 04, 2014
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01/05/2014

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 Draft p.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Thamas Osborn 786-7129 December 17, 2013 AN ACT Relating to Preventing Theft of Alcoholic Spirits from Licensed Retailers; adding new sections to chapter 66.28 RCW; and amending RCW 66.08.030 and RCW 66.08.050. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION.
Sec. 1.
A new section is added to chapter 66.28 RCW to read as follows: (1) Subject to the procedural requirements of subsection (2) of this section, the board is authorized to regulate spirits retailers licensed under RCW 66.24.630 for the purpose of reducing the theft of spirits from the premises of such retailers. Such regulation may include, but is not limited to, the imposition of the following requirements on licensees who are experiencing unacceptable rates of theft as determined by reference to standards established by the board by rule: (a) At the request of the board, participation in one or more consultations with an authorized representative of the board and
 
 Draft p.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 pertinent law enforcement agencies to discuss and analyze spirits theft issues; (b) At the request of the board and in accordance with its directions, provide a written audit accurately documenting theft related losses of spirits inventory; (c) The implementation of inventory control and/or other record keeping system designed to reveal and track spirits theft problems; (d) The structural modification or relocation of the areas where spirits are displayed or stored; (e) The installation of adequate in-store security systems; and (f) The employment of a sufficient number of trained staff for the purpose of monitoring display, checkout, and storage areas. (2) The regulatory provisions authorized under section (1) of this section are subject to the following procedural steps and requirements: (a) If a state or local law enforcement agency obtains information indicating that a licensee is experiencing an unacceptable rate of spirits theft, it must notify the board. Upon such notification, the board must inform the licensee of the alleged theft problem and may demand that the licensee participate in a consultation process involving a representative of the board, the licensee, and the pertinent law enforcement agency. The licensee's participation in the consultation is mandatory and the licensee is entitled to at least thirty days notice by the board. At any time during the initial or follow-up consultation process, the board may request that the licensee provide a written audit accurately documenting theft related losses of spirits from its inventory. In the event a licensee fails to attend or otherwise cooperate in the initial or subsequent consultations, or provide the written audit as requested by the board, the board is authorized to suspend the licensee's spirits retail license until such time as the retailer is in compliance with the requirements of this subsection (2)(a). (b) At the consultation, the board and the law enforcement agency must provide the licensee with any information or evidence pertinent
 
 Draft p.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 to the law enforcement agency's allegation that the retailer has an unacceptably high spirits theft rate. The licensee must be provided with a reasonable opportunity to respond and present evidence, and, if necessary, the consultation can be continued at the discretion of the board to allow adequate time for the licensee to prepare such response. (b) At the conclusion of the initial consultation process, if the board finds that the licensee has an unacceptably high spirits theft rate, it may develop a corrective action plan outlining the remedial measures that must be taken by the licensee pursuant to subsection (1) of this section. In developing the plan, the board should seek the assistance of law enforcement authorities and make a concerted effort to obtain voluntary participation in the plan by the licensee. At every step in the consultation and corrective action plan process, the board is encouraged to work with the licensee in a cooperative manner and, where possible, to strive for voluntary agreements with the licensee. However, in the absence of licensee cooperation or agreement, the board is authorized to unilaterally develop and enforce a corrective action plan as authorized under this section. Once the plan is finalized, it must be filed with the board and a copy provided to the licensee either personally or through certified mail. (c) Not more than thirty days after the filing and service of the original corrective action plan, the board must schedule one or more follow-up consultations with the licensee. The purpose of these consultations is to review the licensee's performance with respect to the requirements of the corrective action plan and to generally assess the licensee's progress in addressing spirits theft issues. If the licensee is following the corrective action plan but spirits theft remains unacceptably high, then the board and the licensee may review and revise the plan as deemed necessary by the board. Following the filing of a revised plan, the board may schedule one or more follow-up consultations at its discretion. (d) During the review process set forth in subsection (2)(c) of this section, if the board finds that the licensee has failed to

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