AGO 1949-51 No. 149.

• Case Date: October 28, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 149. October 28, 1949[Orig. Op. Page 1]PRIVATEINTOXICATING LIQUOR - SALE OF "STRONG BEER" BY CLASS H LICENSEES.Class H licensees may sell "strong beer" and ale over four per cent alcohol by weight, and are entitled to purchase same from the Liquor Board at discount not less than fifteen per cent from retail price fixed by board.Washington State Liquor Control Board Olympia, WashingtonCite as: AGO 1949-51 No. 149Attention: C. B. Lafromboise Member of Board Gentlemen: You have asked us the following questions: (1) "May Class H licensees legally sell ale, stout, and porter if they contain more than four per cent of alcohol by weight. (2) "If such sales are permissible, are the licensees entitled to purchase such items from the Liquor Control Board at a discount of not less than fifteen per cent from the retail price fixed by the Board?" The conclusions which we have reached may be summarized as follows: (1) Class H licensees may sell by the individual glass ale, stout and porter containing more than four per cent of alcohol by weight. (2) Class H licensees are entitled to purchase such liquor from the Liquor Control Board at a discount of not less than fifteen per cent from the retail price fixed by said Board. ANALYSIS The Class H license referred to was created by virtue of Chapter 5, Laws of 1949 (Initiative No. 171), which amended the Washington State Liquor Act, being [Orig. Op. Page 2] Chapter 62, Laws of 1933, Ex. Sess., as amended (Rem. Rev. Stat. Supp. 7306-1 et seq.), and the following statutes are pertinent to a consideration of your questions: Section 1 of Chapter 5, Laws of 1949, provides in part as follows: "There shall be a retailer's license, to be known and designated as Class H license, to sell beer, wine and spirituous liquor by the individual glass, and beer and wine by the opened bottle, at retail, for consumption on the premises, * * *." (Underscoring ours.) Section 2, Chapter 5, Laws of 1949, defines "spirituous liquor" as meaning "liquor" as that term is defined in section 3, Chapter 62, Laws of 1933, Ex. Sess. [Rem. Rev. Stat. Supp. Sec. 7306-3], except "wine" and "beer" sold as such. Section 2, supra, also specifies that the word "beer" means "beer" as defined in section 7306-3. Section 5, Chapter 5, Laws of 1949, reads as follows: "Each Class H Licensee shall...