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AGO Opinions with Topic: LICENSES
AGO 1990 No. 9 >  September 21, 1990
LICENSES - BOARD OF REGISTRATION FOR ARCHITECTS - ARCHITECT - ENGINEERS - BUILDINGS - CITIES AND TOWNS - COUNTIES
LICENSES ‑- BOARD OF REGISTRATION FOR ARCHITECTS ‑- ARCHITECT ‑- ENGINEERS ‑- BUILDINGS ‑- CITIES AND TOWNS ‑- COUNTIES 1.  A registered architect or professional engineer must sign and stamp or seal each individual page containing a building construction drawing, or revision thereto, prepared or reviewed by him or her and submitted or permitted to be submitted in support of an application for a building permit, unless the activities are exempt from the requirement that drawings be signed and stamped or sealed by reason of RCW 18.08.410 or 18.43.130(1)-(7), (9). 2.  In the absence of one of the exemptions in RCW 18.08.410, a person who is not a registered professional architect or professional engineer violates RCW 18.08.310 by preparing a design or construction drawing for a building and submitting that design, or permitting that design or drawing to be submitted, in support of a building application. 3.   Under RCW 18.08.460(1) a local building official may accept a request for a building permit and issue the permit based on a design or construction drawing that does not bear the signature and stamp or seal of a registered architect or registered professional engineer, even if the activities are subject to the requirement that drawings be signed and stamped or sealed.
AGO 1961 No. 28 >  May 8, 1961
MOTOR VEHICLES - LICENSES - AUTHORITY OF EMERGENCY TOW CAR TO LIFT AND HAUL TOWED VEHICLE ON PUBLIC HIGHWAYS
MOTOR VEHICLES ‑- LICENSES ‑- AUTHORITY OF EMERGENCY TOW CAR TO LIFT AND HAUL TOWED VEHICLE ON PUBLIC HIGHWAYS The payment of the $5.00 license fee provided for in RCW 46.16.080 does not permit an emergency tow car to lift and haul any portion of a towed vehicle over and along the public highways.
AGO 1972 No. 18 >  August 22, 1972
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- LICENSES (1) The Washington state liquor control board probably does not possess the requisite authority, under existing statutes, to adopt and enforce a regulation disqualifying from class H licensure those private clubs which are governed by a written constitution, bylaw or house rule excluding persons from membership or use of the club's facilities because of race, creed, color or national origin. (2) The legislature may constitutionally grant to the liquor control board the requisite statutory authority to adopt such a regulation.
AGO 1972 No. 26 >  December 4, 1972
COURTS - JUVENILE - MOTOR VEHICLES - LICENSES - REPORTS OF JUVENILE TRAFFIC VIOLATIONS
COURTS ‑- JUVENILE ‑- MOTOR VEHICLES ‑- LICENSES ‑- REPORTS OF JUVENILE TRAFFIC VIOLATIONS A juvenile court is required by RCW 13.04.120 to forward to the department of motor vehicles the record of its handling and disposition of all juvenile traffic violation cases coming before such court.
AGO 1973 No. 15 >  June 26, 1973
LOTTERIES - GAMBLING - CITIES AND TOWNS - LICENSES
LOTTERIES ‑- GAMBLING ‑- CITIES AND TOWNS ‑- LICENSES The provisions of § 7, chapter 218, Laws of 1973, Ex.Sess., under which gambling activities licensed by the state gambling commission may be prohibited by a first class city, do not extend to cities in excess of twenty thousand which have adopted the optional municipal code.
AGO 1983 No. 29 >  December 9, 1983
INSURANCE - LICENSES
REVOCATION OR SUSPENSION OF SURPLUS LINE INSURANCE BROKER'S LICENSE Under chapter 123, Laws of 1961, the board of directors of a school district has the power to authorize the county treasurer or other custodian of any school funds to invest such funds which may be lawfully invested or reinvested and which in the judgment of the board are not required for the immediate necessity of the district.
AGO 1974 No. 23 >  November 13, 1974
MINING - SURFACE - CITES AND TOWNS - LICENSES - REGULATION OF SURFACE MINING IN SHORELINE AREAS
MINING ‑- SURFACE ‑- CITES AND TOWNS ‑- LICENSES ‑- REGULATION OF SURFACE MINING IN SHORELINE AREAS If a surface mining operation for which a state permit has been issued under chapter 64, Laws of 1970, constitutes a "development" as defined in § 3 of the shoreline management act of 1971 (RCW 90.58.030) and is inconsistent with the properly formulated master program for the use of shorelines within the city in which it is occurring, as developed in accordance with RCW 90.58.080, such surface mining operation will be prohibited by RCW 90.58.140 if undertaken on those shorelines.
AGO 1975 No. 24 >  November 28, 1975
MEDICINE AND SURGERY - NURSING HOMES - LICENSES - OWNERSHIP OR OPERATION OF NURSING HOMES BY LICENSED PHYSICIANS
MEDICINE AND SURGERY ‑- NURSING HOMES ‑- LICENSES ‑- OWNERSHIP OR OPERATION OF NURSING HOMES BY LICENSED PHYSICIANS (1) Nothing contained in chapter 19.68 RCW or in any other state statute prohibits a licensed physician from owning part or all of a nursing home in which he is responsible for any patient care.  (2) Because of RCW 19.68.010, a physician is not entitled to receive a financial benefit from the services or goods furnished to patients of a nursing home or other institution for patient care in which the physician holds some ownership interest when the physician prescribes the services or goods that such institution furnishes to the patient or when the physician refers the patient to the institution.
AGO 1963 No. 29 >  June 3, 1963
LICENSES - MARRIAGE - EFFECT OF CHAPTER 230, LAWS OF 1963 - EXPIRATION OF TIME VOIDS LICENSE
LICENSES ‑- MARRIAGE ‑- EFFECT OF CHAPTER 230, LAWS OF 1963 ‑- EXPIRATION OF TIME VOIDS LICENSE Section 3, chapter 230, Laws of 1963 (cf. RCW 26.04.180), which provides that a marriage license issued pursuant to the provisions of that chapter shall be void if the marriage is not solemnized within thirty days of the date of issuance of the license applies only to those licenses issued after, and not before, the effective date of the act, June 13, 1963.
AGO 1963 No. 70 >  November 19, 1963
CITIES AND TOWNS - ELECTRICIAN SUPERVISORS - LICENSES - PRE‑EMPTION BY STATE - AUTHORITY OF CITY
CITIES AND TOWNS ‑- ELECTRICIAN SUPERVISORS ‑- LICENSES ‑- PRE‑EMPTION BY STATE ‑- AUTHORITY OF CITY A city may not require an electricians supervisors' license for all electrical contracting firms doing business within the city since the state has preempted this licensing field and any such ordinance would conflict with state law.
AGO 1963 No. 72 >  December 5, 1963
MOTOR VEHICLES - EXCISE TAX - LICENSES - NONRESIDENT MILITARY PERSONNEL - APPLICABLE STATE LAW
MOTOR VEHICLES ‑- EXCISE TAX ‑- LICENSES ‑- NONRESIDENT MILITARY PERSONNEL ‑- APPLICABLE STATE LAW Section 574, 50 United States Code Annot. (Soldiers' and Sailors' Civil Relief Act of 1940), exempts all nonresident military personnel stationed in Washington from the obligation of paying the motor vehicle excise tax required by chapter 199, Laws of 1963 (chapter 82.44 RCW) provided they pay all motor vehicle or excise taxes and fees required by the state of their residence or domicile.  However, nonresident servicemen who wish to license their vehicles in this state must pay the license fees and excise taxes prescribed by law.
AGO 1985 No. 10 >  June 27, 1985
COURTS - NAMES - LICENSES - DIVORCE
CHANGE OF NAME FOLLOWING DISSOLUTION OF MARRIAGE It is not legally necessary, in order for a previously married woman to change her last name following a dissolution of marriage, for her to seek and obtain a court order so changing her name pursuant to RCW 4.24.130 or RCW 26.09.150.
AGO 1991 No. 31 >  October 4, 1991
LIQUOR - LIQUOR CONTROL BOARD - LICENSES - ELECTIONS - ANNEXATION - CITIES AND TOWNS
Effect of annexation of territory in which the sale of liquor is permitted by a city in which sale of liquor is prohibited 1.  RCW 66.04.030 permits a local option election unit to conduct an election in the question of whether the sale of liquor under a class H license should be permitted within the election unit.  The boundaries of the local option election unit are the city or town or unincorporated portion of the county in which the unit is located.  If the voters approve the proposition, it is unlawful to sell spirituous liquor by the drink within the local option election unit.   2.   When a city annexes new territory, the general rule is that the authority of the city extends over the new territory.  However, cities are not granted the power to restrict the sale of liquor.  That power is granted to the voters of a local option election unit.  Annexation does not make the new territory a part of the local option election unit.  The prohibition on liquor sale is limited to the corporate limits of the city as it existed at the time of the local option election.  Thus, when "wet" territory is annexed into a city that contains a "dry" local option election unit, it does not become "dry" by reason of the annexation.
AGO 1978 No. 9 >  March 28, 1978
GAMBLING - LICENSES - CORPORATIONS - CONDUCT OF FUND-RAISING EVENT
GAMBLING ‑- LICENSES ‑- CORPORATIONS ‑- CONDUCT OF FUND-RAISING EVENT Although a bona fide charitable or nonprofit organization organized primarily for purposes other than the conduct of gambling activities may, under the circumstances set forth in RCW 9.46.030(3), conduct bingo, raffles and amusement games without obtaining a license from the State Gambling Commission to do so, that organization may not lawfully conduct a "fund-raising event" as defined in RCW 9.46.020(23) without obtaining such a license.
AGO 1965 No. 11 >  March 4, 1965
LICENSES - CONCEALED WEAPONS - FEE
LICENSES ‑- CONCEALED WEAPONS ‑- FEE Under RCW 9.41.070 the fee chargeable for a license to carry a concealed weapon is $1.00, and no other or greater fee may be charged.
AGO 1994 No. 21 >  November 23, 1994
FISH - LICENSES - DEPARTMENT OF FISH AND WILDLIFE
Interpretation of 'having designated' for purposes of applying for limited entry crab fishing license Section 2(2), chapter 260, Laws of 1994, creating a new limited entry Dungeness crab—coastal fisheries license, effective January 1, 1995, requires that the vessel which meets the historical criteria outlined in chapter 260 be the same vessel designated on the 1994 qualifying license at the time the 1995 license is sought.
AGO 1988 No. 30 >  December 14, 1988
SEXUALLY TRANSMITTED DISEASE - LICENSES - MARRIAGE - AMENDMENT - HEALTH
SEXUALLY TRANSMITTED DISEASE ‑- HEALTH ‑- MARRIAGE ‑- AMENDMENT ‑- LICENSES That portion of RCW 26.04.210 which requires applicants for marriage licenses to make and file with the county an affidavit showing they are not afflicted with any contagious venereal disease is still enforceable, and was not repealed or amended by chapter 206, Laws of 1988 (an act relating to AIDS and other sexually transmitted diseases).
AGO 1966 No. 98 >  July 25, 1966
MOTOR VEHICLES - HOUSE TRAILER - EXCISE TAX - LICENSES - NONRESIDENT MILITARY PERSONNEL - SOLDIERS AND SAILORS CIVIL RELIEF ACT - REFUNDS
MOTOR VEHICLES ‑- HOUSE TRAILER ‑- EXCISE TAX ‑- LICENSES ‑- NONRESIDENT MILITARY PERSONNEL ‑- SOLDIERS AND SAILORS CIVIL RELIEF ACT ‑- REFUNDS (1) and (2).  Under the soldiers and sailors civil relief act as recently construed by the United States supreme court, nonresident military personnel stationed in Washington can either license their motor vehicles and house trailers in their home state or license such vehicles in Washington without having to pay the excise tax imposed upon residents of this state by chapter 82.44 RCW and chapter 82.50 RCW. (3) The department of motor vehicles may, upon receipt of a proper application and proof, make refunds to nonresident servicemen who have under a mistake of law paid the motor vehicle excise tax in licensing automobiles in this state, provided the claim for refund is made within a period of two years from the date of payment.
AGO 1966 No. 100 >  July 27, 1966
CITIES AND TOWNS - LEGISLATIVE AUTHORITY - ORDINANCE - LICENSES - INSURANCE AGENTS
CITIES AND TOWNS ‑- LEGISLATIVE AUTHORITY ‑- ORDINANCE ‑- LICENSES ‑- INSURANCE AGENTS A city or town may enact an ordinance requiring an insurance agent licensed by the state insurance commissioner to obtain a local license prior to soliciting door-to-door within its territorial limits.
AGO 1966 No. 118 >  November 9, 1966
COURTS - LICENSES - MOTOR VEHICLES - DEFERRED SENTENCES
MANDATORY SUSPENSION OF DRIVER'S LICENSE UPON CONVICTION OF CERTAIN CRIMES A court, in granting a deferred sentence for an offense which, under chapter 46.20 RCW constitutes mandatory grounds for the revocation or suspension of a driver's license, cannot permit the person to retain his driver's license during the period of the deferred sentence.
AGO 1966 No. 120 >  November 28, 1966
LICENSES - PERMIT TO CARRY CONCEALED WEAPON - ISSUANCE TO PERSON CONVICTED OF A CRIME OF VIOLENCE - PROBATION - RESTORATION
LICENSES ‑- PERMIT TO CARRY CONCEALED WEAPON ‑- ISSUANCE TO PERSON CONVICTED OF A CRIME OF VIOLENCE ‑- PROBATION ‑- RESTORATION (1) A license permitting a person to carry a concealed weapon, issued pursuant to RCW 9.41.070, may not be issued to a person who has pleaded or been found guilty of a "crime of violence" as defined in RCW 9.41.010, and who is thereupon granted a probation in accordance with RCW 9.95.200. (2) In the event that such a person successfully fulfills the conditions of his probation and obtains an order of dismissal of the indictment or information pursuant to RCW 9.95.240, his eligibility to receive a concealed weapon permit should be regarded as restored.
AGO 1989 No. 9 >  May 2, 1989
BOATS - DEPARTMENT OF LICENSING - LICENSES
BOATS ‑- LICENSES ‑- DEPARTMENT OF LICENSING Under current Washington law, the Department of Licensing has no authority to require the licensing of boats owned by Washington residents but used exclusively on waters outside the boundaries of the state.
AGO 1968 No. 2 >  January 17, 1968
OFFICES AND OFFICERS - DEPARTMENT OF MOTOR VEHICLES - LICENSES - OCCUPATIONAL DRIVERS' LICENSES
OFFICES AND OFFICERS - DEPARTMENT OF MOTOR VEHICLES - LICENSES - OCCUPATIONAL DRIVERS' LICENSES (1) The judge with whom an application for an occupational driver's license is filed, rather than the director of the department of motor vehicles, has the initial responsibility to determine the eligibility of an applicant to be issued an occupational driver's license. (2) The director of the department of motor vehicles may review a court order for the issuance of an occupational driver's license in light of the department's own records to see if there has been compliance with both the procedural and substantive requirements of RCW 46.20.380 and 46.20.390. (3) Proof of the financial responsibility of an applicant for an occupational driver's license must be filed before a judge can issue an order for the issuance of an occupational driver's license. (4) A person who has been convicted for the first time of a particular offense relating to motor vehicles which requires the mandatory suspension or revocation of his driver's license, other than negligent homicide or manslaughter, is eligible for issuance of an occupational driver's license even though he has previously been convicted of other offenses relating to motor vehicles, also requiring the mandatory suspension or revocation of a driver's license, so long as at least one year has elapsed since his last previous conviction of such an offense; conversely, if the immediate conviction does not constitute the applicant's first conviction of the particular offense, he is not eligible for such a driver's license.
AGO 1968 No. 27 >  August 21, 1968
OPTOMETRY - LICENSES - TRANSFER OF USE OF OPTOMETRIST'S NAME
OPTOMETRY - LICENSES - TRANSFER OF USE OF OPTOMETRIST'S NAME RCW 18.53.140 (5) does not allow the transferee of the name of a lawfully licensed optometrist to in turn transfer that name to another optometrist so as to make it possible for this second transferee to also practice optometry under such transferred name.
AGO 1958 No. 170 >  March 7, 1958
MOTOR VEHICLES - FINANCIAL RESPONSIBILITY - OPERATING A MOTOR VEHICLE WITHOUT A LICENSE - LICENSES - FURNISHING FINANCIAL RESPONSIBILITY AS CONDITION TO LICENSING
MOTOR VEHICLES ‑- FINANCIAL RESPONSIBILITY ‑- OPERATING A MOTOR VEHICLE WITHOUT A LICENSE -- LICENSES ‑- FURNISHING FINANCIAL RESPONSIBILITY AS CONDITION TO LICENSING A person who has been convicted of, or forfeited bail for, operating a motor vehicle without a license cannot obtain a license to operate a motor vehicle during a three‑year period following such offense, unless he furnishes proof of financial responsibility during such period.
AGO 1959 No. 61 >  August 21, 1959
LICENSES - MOTOR VEHICLE OPERATORS - INFORMATION AUTHORIZED TO BE FURNISHED FROM DRIVER'S RECORD UNDER FINANCIAL RESPONSIBILITY ACT
LICENSES - MOTOR VEHICLE OPERATORS - INFORMATION AUTHORIZED TO BE FURNISHED FROM DRIVER'S RECORD UNDER FINANCIAL RESPONSIBILITY ACT Any information contained in a motor vehicle operator's file which would be helpful in determining whether to post proof of the ability to respond in damages of a driver whose license has been suspended should be furnished to any person or company satisfying the director of licenses that the information is sought to aid in such a determination.
AGO 1960 No. 108 >  March 25, 1960
MOTOR VEHICLES - LICENSES - OPERATORS - AUTHORITY OF DIRECTOR OF LICENSES TO PRESCRIBE VISION QUALIFICATIONS HIGHER THAN THOSE PRESCRIBED IN RCW 46.20.050
MOTOR VEHICLES - LICENSES - OPERATORS - AUTHORITY OF DIRECTOR OF LICENSES TO PRESCRIBE VISION QUALIFICATIONS HIGHER THAN THOSE PRESCRIBED IN RCW 46.20.050 The director of licenses may not prescribe visual acuity qualifications higher than those prescribed in RCW 46.20.050 as a condition precedent to the issuance of a motor vehicle operator's license.
AGO 1958 No. 147 >  January 14, 1958
LICENSES - PHYSICIANS AND SURGEONS - RECIPROCITY - MEDICINE, SURGERY, AND OSTEOPATHY - PHYSICIANS AND SURGERY
LICENSES ‑- PHYSICIANS AND SURGEONS ‑- RECIPROCITY -- MEDICINE, SURGERY, AND OSTEOPATHY ‑- PHYSICIANS AND SURGERY Whether or not the holder of a license to practice medicine from another state is to be licensed without examination in this state as a matter of reciprocal legislation lies within the discretion of the director of the department of licenses.
AGO 1957 No. 143 >  December 19, 1957
ATHLETIC COMMISSION - WHO MUST BE LICENSED TO CONDUCT CONTESTS - BOXING, WRESTLING AND SPARRING - AUTHORITY OF ATHLETIC COMMISSION TO WAIVE PAYMENT OF TAX - LICENSES
ATHLETIC COMMISSION ‑- WHO MUST BE LICENSED TO CONDUCT CONTESTS -- BOXING, WRESTLING AND SPARRING ‑- AUTHORITY OF ATHLETIC COMMISSION TO WAIVE PAYMENT OF TAX -- LICENSES (1) The athletic commission may not waive payment of the tax required by RCW 67.08.050 of those licensed to conduct boxing or wrestling contests, although the proceeds from the contests are to be used for charitable or other worthwhile purposes. (2) All organizations, groups, etc., should be licensed in order to conduct boxing or wrestling contests, except for those scholastic organizations expressly excepted by statute.
AGO 1957 No. 53 >  April 26, 1957
LICENSES - DRUGLESS THERAPEUTICS - CHANGE IN WORDING OF LICENSE
LICENSES ‑- DRUGLESS THERAPEUTICS ‑- CHANGE IN WORDING OF LICENSE Licenses for the practice of drugless therapeutics should be issued for the practice of the particular coordinated branch of drugless therapeutics that the applicant intends to practice.  Such license should not contain the descriptive words "physician" or "doctor".
AGO 1956 No. 202 >  February 8, 1956
LICENSES - EQUALITY - MEDICINE AND SURGERY - RECIPROCITY
LICENSES ‑- RECIPROCITY ‑- MEDICINE AND SURGERY ‑- EQUALITY 1. To qualify for a license as a physician and surgeon, under reciprocity, it is not required that the reciprocity laws of the other state grant an identical or equal right to licensees of this state, but only that such state grant a similar right. 2. The equality required by RCW 18.71.090 refers to the standard of requirements of the law and not to equality of reciprocity. 3. The director may not, by administrative regulation or otherwise, add to the requirements of a statute.  
AGO 1955 No. 178 >  December 21, 1955
LICENSES - BASIC SCIENCES - EXAMINATIONS - RECIPROCITY - MEDICINE, SURGERY AND OSTEOPATHY - EXAMINING COMMITTEE
LICENSES ‑- BASIC SCIENCES ‑- EXAMINATIONS ‑- RECIPROCITY ‑- MEDICINE, SURGERY AND OSTEOPATHY ‑- EXAMINING COMMITTEE 1. The duties of the examining committee provided for in section 3, chapter 192, Laws of 1955, are to prepare questions, conduct examinations, and grade papers of the applicants for basic science certificate.  2. The director of licenses is the only official authorized to determine when, under applicable provisions of the law, examinations in the basic sciences may be waived.  3. In determining whether the state of Washington should establish reciprocity with any state in waiving basic science examinations the determination must be based upon the equality of the laws and regulations and not upon the manner in which such laws and regulations are administered in the several states.
AGO 1956 No. 243 >  April 9, 1956
LICENSES - BEAUTY CULTURE - HAIRDRESSING
LICENSES ‑- BEAUTY CULTURE ‑- HAIRDRESSING 1. A special school for the teaching of hair styling only is not authorized nor can it be licensed under the laws of the state of Washington.   2. If such a school is opened without a license, the proper procedure is for the department of licenses to refer the matter to the prosecuting attorney of the county in which the school is located.   3. The director of licenses has jurisdiction over any individual practicing beauty culture as an operator or instructing in hair dressing regardless of whether or not such individual is licensed in another state.
AGO 1954 No. 360 >  December 13, 1954
LICENSES - MOTOR VEHICLE OPERATOR'S - SUSPENSION BY COURT FOR NEGLIGENT DRIVING
LICENSES - MOTOR VEHICLE OPERATOR'S - SUSPENSION BY COURT FOR NEGLIGENT DRIVING A court is not authorized to suspend the motor vehicle Operator's license of a person convicted of negligent driving, by virtue of RCW 46.20.280.  AGO 49-51-360, 10/3/50 to Chief, State Patrol, overruled .
AGO 1954 No. 228 >  March 23, 1954
LICENSES - MOTOR VEHICLE EXCISE TAX - RECIPROCITY
LICENSES ‑- MOTOR VEHICLE EXCISE TAX ‑- RECIPROCITY The motor vehicle excise tax applies to vehicles used in this state under reciprocal license agreements.
AGO 1954 No. 191 >  January 11, 1954
MOTOR VEHICLE - FEES - SPECIAL FEE ON MOTOR VEHICLES NOT APPLICABLE TO TRAILERS UNDER FOUR THOUSAND POUNDS - LICENSES
MOTOR VEHICLE ‑- FEES ‑- SPECIAL FEE ON MOTOR VEHICLES NOT APPLICABLE TO TRAILERS UNDER FOUR THOUSAND POUNDS -- LICENSES The ten cent fee imposed for each motor vehicle not otherwise taxed herein by section 9, chapter 254, Laws of 1953, does not apply to trailers under four thousand pounds.
AGO 1953 No. 130 >  September 10, 1953
LOG PATROL - LICENSES - COLUMBIA RIVER - BONDS - ASSOCIATIONS - BOOM COMPANIES - PAYMENT
LOG PATROL ‑- LICENSES ‑- COLUMBIA RIVER ‑- BONDS ‑- ASSOCIATIONS ‑- BOOM COMPANIES ‑- PAYMENT

1. The log patrol act as amended by the 1953 legislature is applicable to the waters of the Columbia river forming a common boundary between the states of Washington and Oregon.  2. A log patrolman in the state of Oregon but not licensed in the state of Washington may not operate in waters of the Columbia river which forms a common boundary between Washington and Oregon.  3. Whether a log patrol association is an agent of an owner of logs such that it may operate without a log patrol license depends upon factual information concerning its methods of organization and operation not provided in your question.  4. A licensed log patrolman may not own and operate his own private nonincorporated boom company for the disposition of stray logs.  5. The log patrol act requires a bond from each log patrolman unless he be a bona fide agent of a licensee who is in fact in charge of the log patrol activities of the agent.  6. Advance partial or full payment to the log patrolman by the boom company for log patrol services is improper.

AGO 1953 No. 105 >  July 28, 1953
MOTOR VEHICLES - TRAILERS - LICENSES - MOTOR VEHICLE EXCISE TAX - PERSONAL PROPERTY TAX
MOTOR VEHICLES ‑- TRAILERS ‑- LICENSES ‑- MOTOR VEHICLE EXCISE TAX ‑- PERSONAL PROPERTY TAX Questions and answers relative to licensing and payment or collection of motor vehicle excise tax or personal property tax upon trailers, including house trailers, as affected by section 5, chapter 252, Laws of 1953. (Overruling in part our opinions to the Tax Commission dated March 20, 1944 and October 13, 1949).
AGO 1953 No. 505 >  March 27, 1953
BONDS - LICENSES - REAL ESTATE BROKERS AND SALESMEN
BONDS ‑- LICENSES ‑- REAL ESTATE BROKERS AND SALESMEN. Senate Bill repealing RCW 18.85.120 (2) eliminates the requirement of a bond as a prerequisite to the issuance of a real estate broker's, associate real estate broker's, or salesman's license, since RCW 18.85.300 does not impliedly require such a bond.
AGO 1952 No. 287 >  April 21, 1952
MUNICIPAL CORPORATIONS - LICENSES - CONFLICT WITH STATE STATUTE
MUNICIPAL CORPORATIONS ‑- LICENSES ‑- CONFLICT WITH STATE STATUTE

In view of chapter 184, Laws of 1933, (RRS (P. Supp.) 8276-1 et seq.), as amended, a municipal corporation in furtherance of its regulatory powers may not require the payment of a license fee for the privilege of conducting or holding boxing and/or wrestling contests within said municipality. It is to be noted that this conclusion is based upon the assumption that there is no special provision in a given municipal charter granting a municipality autonomy with respect to wrestling, boxing, and the regulation thereof.

AGO 1951 No. 424 >  January 11, 1951
FIREARMS - LICENSES - ALIENS
FIREARMS ‑- LICENSES ‑- ALIENS Notwithstanding the licensing authority being changed from the Director of Licenses to others enumerated in the statute, chapter 72, Laws of 1935, does not repeal chapter 52, Laws of 1911, requiring as a prerequisite that an alien, before being licensed to possess or carry any firearm, must present a certificate of the consul of the country from which he came that he is a responsible person.
AGO 1950 No. 231 >  March 2, 1950
STATE ATHLETIC COMMISSION - LICENSES - TAX ON GROSS RECEIPTS - CONTESTS FOR CHARITABLE PURPOSES
STATE ATHLETIC COMMISSION -- LICENSES -- TAX ON GROSS RECEIPTS -- CONTESTS FOR CHARITABLE PURPOSES Any person, club, corporation, organization, association or fraternal society conducting boxing or wrestling contests, regardless of the fact that the proceeds of the matches will be used for charitable purposes, must obtain through the Washington State Athletic Commission a license, and pay the fee therefor, and must pay to the commission a tax equal to 5% of the gross receipts from the sale of tickets.
AGLO 1982 No. 14 >  June 7, 1982
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - LICENSES - FEES
FEE FOR LICENSE ISSUED PURSUANT TO RCW 70.98.080. The Department of Social and Health Services, in its capacity as the state radiation control agency under chapter 70.98 RCW, is authorized by § 2, chapter 201, Laws of 1982 to establish and impose license fees in connection with licenses issued pursuant to RCW 70.98.080.
AGLO 1981 No. 2 >  January 27, 1981
LICENSES - INTOXICATING LIQUOR - MINORS
MARRIAGE OF TAVERN OPERATOR TO PERSON UNDER TWENTY-ONE (1) A tavern operator holding appropriate state liquor licenses who is, himself, over twenty-one years of age may not be denied the continuation or reissuance of those licenses by the State Liquor Control Board solely on the ground that he is married to a female who is under twenty-one. (2) Under those circumstances, however, the wife‑-if employed as the tavern bookkeeper‑-would be unable to legally enter the tavern premises in the course of her employment.
AGLO 1981 No. 23 >  August 5, 1981
COUNTIES - INTOXICATING LIQUOR - LICENSES
ISSUANCE OF RETAIL LIQUOR LICENSE BY COUNTY In view of the subsequent enactment of RCW 66.08.120, a part of the 1933 State Liquor Code, a county may not lawfully grant a "retail license" to an establishment selling liquor pursuant to the territorial statute codified as RCW 67.14.040.
AGLO 1979 No. 1 >  January 12, 1979
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - LIQUOR - LICENSES
ELIGIBILITY FOR LICENSE AS AGENT OF WINE WHOLESALER AND IMPORTER Neither RCW 66.28.010 nor RCW 66.28.020 prohibit a person who has a contract vendor's interest in a restaurant holding a retail liquor license in the state of Arizona from legally serving as a licensed agent of a wine wholesaler and importer in the state of Washington.
AGLO 1979 No. 7 >  January 26, 1979
TAXATION - LICENSES - FEES - MOTOR VEHICLES
AUTHORITY TO REFUND MOTOR VEHICLE EXCISE TAX PAYMENTS OF LICENSE FEES NOT PAID ERRONEOUSLY The State Department of Licensing is not presently authorized by law to refund either a lawfully paid motor vehicle license fee or the accompanying motor vehicle excise tax payment made by a vehicle owner prior to the beginning of the new registration year for which the payments are made simply because, prior to the beginning of the new registration year, the vehicle is destroyed or is removed from the state and licensed in another jurisdiction.
AGLO 1976 No. 8 >  February 2, 1976
LICENSES - REAL ESTATE
LICENSING OF NONRESIDENT REAL ESTATE SALESMEN Nothing in chapter 18.85 RCW, relating to the licensing of real estate salesmen, prohibits the issuance of a real estate license to a person whose residence is outside the state of Washington but works full time for a resident broker.
AGLO 1976 No. 29 >  April 23, 1976
OFFICES AND OFFICERS - STATE - BOARD OF PHARMACY - LICENSES - SINGLE STOP CONCEPT FOR ISSUANCE OF STATE LICENSES OR PERMITS
RETAIL GROCERY BUSINESS While the "Business Coordination Act" (chapter 68, Laws of 1975-76, 2nd Ex. Sess.) will apply to grocers seeking licenses issued by the state pharmacy board, it will only apply in the case of those licenses under the board's jurisdiction which are germane to a grocery operation.
AGLO 1976 No. 65 >  November 2, 1976
ELECTRICIANS - LICENSES - EMPLOYEES
INSTALLATION WORK Employees of a given employer who do not hold an electrician's certificate of competency as provided for in chapter 18.37 RCW may perform electrical work on the premises of their employers.
AGLO 1975 No. 4 >  January 15, 1975
MOTOR VEHICLES - HIGHWAYS - LICENSES
ADDITIONAL GROSS WEIGHT PERMITS Although additional gross weight permits may be purchased at any time during a calendar year under RCW 46.44.095, this statute, as amended by § 3, chapter 150, Laws of 1973, 1st Ex. Sess., does not permit such permits to be purchased for single or multiple monthly periods not necessarily extending for the balance of the calendar year in which the permit is obtained.
AGLO 1975 No. 48 >  May 6, 1975
LICENSES - PLUMBERS
LOCAL ENFORCEMENT OF JOURNEYMEN PLUMBERS' LICENSING ACT Local responsibility for enforcement of chapter 175, Laws of 1973, 1st Ex. Sess., providing for the licensing of journeymen plumbers, rests with the prosecuting attorney of the county in which the violation occurred insofar as a criminal action under RCW 18.106.160 is concerned.
AGLO 1979 No. 15 >  March 22, 1979
FISH - LICENSES - SCOPE OF ANNUAL ANADROMOUS SALMON ANGLING LICENSE
FISH ‑- LICENSES ‑- SCOPE OF ANNUAL ANADROMOUS SALMON ANGLING LICENSE


Where a person has obtained an anadromous salmon angling license for a particular calendar year and during that year has caught a total of 30 salmon pursuant to such license, that person must then purchase another annual license in order to be lawfully able to catch any more salmon within the state during the remainder of the same calendar year.

AGLO 1979 No. 19 >  April 24, 1979
LICENSES - INTOXICATING LIQUOR - ISSUANCE OF RETAIL LIQUOR LICENSE TO SPOUSE OF EMPLOYEE OF LIQUOR DISTRIBUTOR
LICENSES ‑- INTOXICATING LIQUOR ‑- ISSUANCE OF RETAIL LIQUOR LICENSE TO SPOUSE OF EMPLOYEE OF LIQUOR DISTRIBUTOR
Consideration of the applicability of RCW 66.28.010 to a certain factual situation involving a married couple of which the wife is the owner of a small grocery store in connection with which she holds retail beer and wine licenses while the husband, in turn, is a salaried truck driver for a beer distributor which holds various wholesale liquor licenses.
AGLO 1979 No. 25 >  June 11, 1979
LICENSES - REAL ESTATE - CORPORATIONS - ELIGIBILITY OF A CORPORATION TO BE LICENSED AS AN ASSOCIATE REAL ESTATE BROKER
LICENSES ‑- REAL ESTATE ‑- CORPORATIONS ‑- ELIGIBILITY OF A CORPORATION TO BE LICENSED AS AN ASSOCIATE REAL ESTATE BROKER A corporation may be licensed as an "associate real estate broker" under RCW 18.85.010, et seq.
AGLO 1978 No. 4 >  February 23, 1978
RAILROADS - MOTOR VEHICLES - LICENSES - HIGHWAYS - OPERATION OF RAILROAD TRAINS
RAILROADS ‑- MOTOR VEHICLES ‑- LICENSES ‑- HIGHWAYS ‑- OPERATION OF RAILROAD TRAINS

A person need not have been issued a Washington state motor vehicle operator's license in order to operate a railroad train within the state.

AGLO 1978 No. 14 >  April 17, 1978
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - CORPORATIONS - LICENSES - FEES - RESTORATION OF PRIVILEGE TO DO BUSINESS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- CORPORATIONS ‑- LICENSES ‑- FEES ‑- RESTORATION OF PRIVILEGE TO DO BUSINESS Under the provisions of RCW 23A.40.075 and related statutes, the Secretary of State does not have the legal authority to exercise discretion and restore the privilege of doing business to a corporation which has failed to acquire an annual license fee for three years and which has failed to reinstate within the following two years.
AGLO 1978 No. 32 >  October 5, 1978
REAL ESTATE - LICENSES - SALE - RESPONSIBILITIES OF LICENSED REAL ESTATE SALESMAN AND HIS BROKER UNDER CERTAIN CIRCUMSTANCES
REAL ESTATE ‑- LICENSES ‑- SALE ‑- RESPONSIBILITIES OF LICENSED REAL ESTATE SALESMAN AND HIS BROKER UNDER CERTAIN CIRCUMSTANCES A licensed real estate salesman, in engaging in rental transactions involving his own, personally owned, real property, is not statutorily required to process those transactions through his real estate broker; however, the broker may, as a condition of employment, impose such a requirement and, in any event, could, depending upon all factual circumstances, be held legally responsible for his salesman's conduct in connection with the latter's rentals of his own property.
AGLO 1974 No. 43 >  April 11, 1974
COLLECTION AGENCIES - LICENSES
COLLECT TELEPHONE CALLS TO OUT-OF-STATE DEBTORS The provisions of RCW 19.16.250(16) prohibit a collection agency licensed as such under chapter 19.16 RCW from placing a collect telephone call within the state of Washington to a debtor or other person located out-of-state for the purpose of demanding payment of a claim or seeking information about a debtor.
AGLO 1973 No. 91 >  September 5, 1973
MOTOR VEHICLES - LICENSES - HABITUAL TRAFFIC OFFENDERS ACT
MOTOR VEHICLES ‑- LICENSES ‑- HABITUAL TRAFFIC OFFENDERS ACT Where a person who has been adjudged an habitual traffic offender under the Washington habitual traffic offenders act (chapter 46.65 RCW) is thereafter charged with driving a motor vehicle while his license is suspended or revoked, or with driving without a license, the court in which the charge is filed is to transfer the case to the court of record which made that adjudication.
AGLO 1974 No. 90 >  October 30, 1974
MOTOR VEHICLES - LICENSES - MINIBUSES
STATUS OF THE EVERGREEN STATE COLLEGE MINIBUSES RCW 46.20.440, which requires an additional examination and special license endorsement for operators of certain motor vehicles, does not apply to the drivers of minibuses, accommodating twelve to twenty passengers, which are operated by The Evergreen State College and used for various academically-related field trips.
AGLO 1974 No. 93 >  November 12, 1974
LICENSES - PROFESSIONAL - FEES
COMPUTATION OF CERTAIN PROFESSIONAL LICENSE FEES RCW 43.24.085(b) does not allow out-of-state residents who are not over sixty-five years of age to pay only fifty percent of the standard license fee for their occupation or profession.
AGO 2008 No. 4 >  March 24, 2008
ELECTRICIANS - LICENSES - DEPARTMENT OF LABOR & INDUSTRIES
Scope of licensing exemption granted in RCW 19.28.091(1) for certain utility work. The licensing exemption provided in RCW 19.28.091(1) applies to any entity employed by a utility to perform the type of work described in the statute, whether the electrical work is performed by the prime contractor directly or by a subcontractor.
AGO 2008 No. 9 >  October 23, 2008
REAL ESTATE - PROPERTY - MORTGAGES - LICENSES
Interpretation of 2008 statute concerning “distressed home consultants.” 1.  For the purposes of Laws of 2008, ch. 278, § 1(3), a person who offers to purchase a distressed home, and no more, does not thereby become a “distressed home consultant.”  2.  For the purposes of Laws of 2008, ch. 278, §§ 2, 3, a real estate licensee would likely become a “distressed home consultant” if the real estate licensee contacts the distressed homeowner’s lender to arrange a “short sale” in which the homeowner’s debt to the lender will be discharged for the amount of the sale price of the home when the sale price is less than the homeowner owes on the loan.  3.  For the purposes of Laws of 2008, ch. 278, §§ 2, 3, a real estate licensee becomes a “distressed home consultant” by performing licensed activities in connection with a real estate transaction when the property involved is a “distressed home,” if the licensee (1) solicits the owner; (2) offers to perform a service on the owner’s behalf; and (3) represents that the service will satisfy one or more of the conditions listed in Laws of 2008, ch. 278, § 1(3)(a).
AGO 1988 No. 31 >  December 27, 1988
LICENSES - WILDLIFE - SEARCHES AND SEIZURES
LICENSES There is no conflict between RCW 77.12.095 and RCW 77.12.120, because section 77.12.095 is a specific statute permitting wildlife agents to conduct inspections of certain regulated commercial enterprises without warrants, while section 77.12.120 is a general statute authorizing wildlife agents to obtain warrants to conduct searches or seizures in cases where section 77.12.095 is inapplicable.
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