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AGO 1958 No. 211 - July 22, 1958
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John J. O'Connell | 1957-1968 | Attorney General of Washington

OFFICES AND OFFICERS (STATE) LIQUOR CONTROL BOARD (1) AUTHORITY TO ESTABLISH LIQUOR VENDORS; (2) AUTHORITY OF BOARD TO LEASE AND SUBLEASE PROPERTY TO LIQUOR VENDORS; (3) AUTHORITY OF LIQUOR BOARD TO PERMIT LIQUOR VENDORS TO PERMIT LIQUOR STORES OPERATED BY LIQUOR VENDORS TO REMAIN OPEN AFTER CLOSING HOURS OF STATE LIQUOR STORES.

(1) State liquor control board may not establish liquor vendors in incorporated cities and towns where a state liquor store exists.  (2) The liquor board may lease property and then sublease it to such liquor vendors.  (3) The board may permit such stores to remain open after regular closing hours of state liquor stores.

                                                                  - - - - - - - - - - - - -

                                                                    July 22, 1958

Honorable Richard Ruoff
State Representative, 32nd District
818 Republic Building
Seattle, Washington                                                                                           Cite as:  AGO 57-58 No. 211

Dear Sir:

            By letter previously acknowledged you request an opinion of this office regarding the establishment of liquor vendors in cities and towns where state liquor stores exist.  You have raised the following questions:

            1. May the state liquor control board establish liquor vendors in incorporated cities and towns where a state liquor store exists?

            2. May the board lease property and then sublease said property to these "agency store" liquor vendors?

            3. May the board permit such stores to remain open after regular closing hours of the state liquor stores?

            We answer question one in the negative and questions two and three in the affirmative.

             [[Orig. Op. Page 2]]

                                                                     ANALYSIS

            1. Section 4 of chapter 62 of the Laws of 1933, Ex. Sess., as amended by § 10 (1), chapter 172, of the Laws of 1939 (RCW 66.16.010) provides:

            "There shall be established at such places throughout the state as the liquor control board, constituted under this act, shall deem advisable, stores to be known as 'state liquor stores,' for the sale of liquor in accordance with the provisions of this act and the regulations:  Provided, That the prices of all liquor shall be fixed by the board from time to time so that the net annual revenue received by the board therefrom shall not exceed thirty-five per cent."

            Section 69 of chapter 62 of the Laws of 1933, Ex. Sess., as amended by § 10, chapter 174, of the Laws of 1935 (RCW 66.08.050) provides in part:

            "1. The board, subject to the provisions of this act and the regulations, shall

            "a. determine the localities within which state liquor stores shall be established throughout the state, and the number and situation of the stores within each locality;

            "aa. to appointin incorporated cities and towns, in which no state liquor store is located, liquor vendors.  Such liquor vendors shall be agents of the board and be authorized to sell liquor to such persons, firms or corporations as provided for the sale of liquor from a state liquor store, and such vendors shall be subject to such additional rules and regulations consistent with this act as the board may require;

            ". . .

            "c. provide for the leasing for periods not to exceed five years ofall premises required for the conduct of the business; and for remodeling the same, and the procuring of their furnishings, fixtures, and supplies; and for obtaining options of renewal of such leases by  [[Orig. Op. Page 3]] the lessee.  Theterms of such leases in all other respects shall be subject to the direction of the board;

            ". . .

            "h.perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this act, and shall have full power to do each and every act necessary to the conduct of its business, including all buying, selling, preparation and approval of forms, and every other function of the business whatsoever, subject only to audit by the state auditor."  (Emphasis supplied.)

            Thus, the statute clearly authorizes the board to appoint liquor vendors in incorporated cities and towns where there is no state liquor store.  Under the applicable rule of statutory construction the express mention of one thing in a statute implies the exclusion of any other.  Thus, a statute that directs that something be done in a particular manner implies that it shall not be done in any other manner.  State ex rel. Port of Seattle v. Department of Public Service, 1 Wn. (2d) 102, 95 P. (2d) 1007.

            Accordingly, it is our opinion that the state liquor board is not authorized to establish liquor vendors in incorporated cities or towns where a state liquor store exists.  We have been informed by the liquor control board that although it has been the practice of the state liquor board since 1934 to establish such agency vendors in cities and towns where state liquor stores exist, at the present time no such agency vendors have been appointed by the board in cities and towns where state liquor stores are in existence.

            2. Reference to §§ 1c and 1h, hereinabove, reveals that the board's power regarding leasing arrangements is extremely broad; and naturally the terms, form, and arrangements for each particular circumstance will vary.  We conclude that this broad grant of power is such as to include the particular arrangement to which you refer, i.e., the board's leasing the premises and then subleasing to the liquor vendor.

            3. Section 79 of chapter 62 of the Laws of 1933, Ex. Sess., as amended by § 1 of chapter 102 of the Laws of 1943, provides in part:

            "1. For the purpose of carrying into effect the provisions of this Act according to their true intentor of supplying any deficiency therein, the Board may make such regulations not inconsistent with the spirit of this Act as are deemed necessary or advisable. . . .

             [[Orig. Op. Page 4]]

            "2.Without thereby limiting the generality of the provisions contained in subsection (1), it is declared that the power of the Board to make regulations in the manner set out in that subsection shall extend to

            ". . .

            "e. prescribing, subject to section 11, the hours during which thestate liquor stores shall be kept open for the sale of liquor;" (Emphasis supplied.)

            Although the above provision makes express reference only to state liquor stores, the broad powers vested in the board, therein, are such as to permit regulation of business hours for those agency vendors in question.  Moreover, we find nothing requiring uniformity of business hours; and we conclude that the board may vary such hours not only between the two classes, i.e., "state stores" and "agency vendors," but also among the members of each class.

            We trust the foregoing will be of assistance.

Yours very truly,

JOHN J. O'CONNELL
Attorney General

PHILIP R. MEADE
Assistant Attorney General

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