WSR 99-03-032

PERMANENT RULES

LIQUOR CONTROL BOARD

[Filed January 13, 1999, 1:20 p.m.]

Date of Adoption: November 18, 1998.

Purpose: The following rules outline the penalties for liquor licensees who violate the liquor laws: WAC 314-12-170 What are the penalties if a retail liquor licensee violates the liquor laws or rules?; 314-12-300 Group one (1) violations against public safety; 314-12-310 Group two (2) offenses--Conduct violations; 314-12-320 Group three (3) offenses--Regulatory violations; 314-12-330 Can the board impose sanctions or penalties other than those indicated in WAC 314-12-170?; and 314-12-340 What are some examples of mitigating and aggravating circumstances?

Citation of Existing Rules Affected by this Order: Amending WAC 314-12-170.

Statutory Authority for Adoption: RCW 66.08.030, 66.24.010, 66.24.120.

Adopted under notice filed as WSR 98-18-096 on September 2, 1998.

Changes Other than Editing from Proposed to Adopted Version: WAC 314-12-170(2) the adopted version of this rule states, "Past violations within a two-year period will be considered." The proposed version stated "past violations within a three-year period will be considered."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, amended 1, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 5, amended 1, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

January 11, 1999

Charles F. Brydon

Board Member

OTS-2421.2

AMENDATORY SECTION (Amending WSR 95-05-006, filed 2/1/95, effective 3/4/95)

WAC 314-12-170  ((Minimum penalty.)) What are the penalties if a retail liquor licensee violates the liquor laws or rules? ((When the board, pursuant to RCW 66.24.010 and 66.24.120, determines to suspend a liquor license and/or vacate a license suspension upon payment of a monetary penalty, then such license suspension shall not, in any event, be less than three operating days nor shall such monetary penalty, in any event, be less than one hundred dollars.)) (1) Penalties for violations by liquor licensees (or their employees while working for a liquor licensee) are broken down into three categories, with the most serious penalties first.

(a) Group One (1) - Public Safety Violations, WAC 314-12-300;

(b) Group Two (2) - Conduct Violations, WAC 314-12-310;

(c) Group Three (3) - Regulatory Violations, WAC 314-12-320.

(2) Past violations within a two-year period will be considered.

[Statutory Authority: RCW 66.08.030. 95-05-006, § 314-12-170, filed 2/1/95, effective 3/4/95. Statutory Authority: RCW 66.08.030 and 66.98.070. 88-17-023 (Order 258, Resolution No. 267), § 314-12-170, filed 8/10/88; 84-17-117 (Order 148, Resolution No. 157), § 314-12-170, filed 8/22/84.]

NEW SECTION

WAC 314-12-300  Group One (1) violations against public safety.

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NEW SECTION

WAC 314-12-310  Group two (2) offenses--Conduct violations.

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NEW SECTION

WAC 314-12-320  Group three (3) offenses--Regulatory violations.

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NEW SECTION

WAC 314-12-330  Can the board impose sanctions or penalties other than those indicated in WAC 314-12-170? Yes, the board has broad discretionary authority. Based on aggravating or mitigating circumstance, the board may impose a different penalty than the standard penalties outlined in WAC 314-12-300, 314-12-310, or 314-12-320. Penalties may range as follows:

(1) A mitigated penalty would be when there are mitigating circumstances that the board determines merits a lesser number of days suspension or a lower monetary option.

(2) A standard penalty would be one indicated in WAC 314-12-170.

(3) An aggravated penalty would be one based on aggravating circumstances that is either:

(a) A higher number of days suspension or a higher monetary penalty than the standard penalty; or

(b) Cancellation of the license.

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NEW SECTION

WAC 314-12-340  What are some examples of mitigating and aggravating circumstances? (1) Mitigating factors may include having in place business policies and practices such as:

(a) Accepting only identification authorized by statute for persons of questionable age;

(b) Utilizing licensee certification cards that are correctly filled out and filed;

(c) Having direct on site supervision of employees;

(d) Having a signed acknowledgment from each employee of the business alcohol policy on file;

(e) Have an employee training plan that includes annual training on liquor laws;

(f) Showing cooperation with local law enforcement, etc.

(2) Aggravating circumstances may include practices that show the licensee or their employees:

(a) Fail to cooperate with local law enforcement or board staff;

(b) Do not call for local law enforcement when requested by customers or board agents;

(c) Do not check employees to insure employees are of legal age or have appropriate work permits;

(d) Committed the violation willfully, etc.

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