PERMANENT RULES
Date of Adoption: September 28, 1999.
Purpose: The following new rules will clarify the conditions under which types and service of liquor may be provided in sport/entertainment facilities: WAC 314-16-260 Sports/entertainment facility license -- Purpose, 314-16-265 Definitions, 314-16-270 Sports/entertainment facility licenses -- Operating plans, and 314-16-275 How will the operating plans be enforced?
Statutory Authority for Adoption: RCW 66.08.030 and 66.24.570.
Adopted under notice filed as WSR 99-16-118 on August 4, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
November 19, 1999
Eugene Prince
Chairman
OTS-2570.5
NEW SECTION
WAC 314-16-260
Sports/entertainment facility
license -- Purpose.
(1) What is the purpose of the rules governing the use of alcohol in sports/entertainment facilities?
(a) In RCW 66.24.570, the legislature established a spirits, beer, and wine license for arenas, coliseums, stadiums, or other facilities where sporting, entertainment, and special events are presented.
(b) These rules provide a framework for the enforcement of liquor laws and regulations, particularly those prohibiting the sale of alcohol to persons under twenty-one years of age or persons who are apparently intoxicated.
(c) This framework recognizes the unique conditions associated with events attended by large crowds consisting of diverse age groups.
(2) Will the liquor control board recognize the differences between types of sports/entertainment facilities? Yes. A sports/entertainment facility must submit an operating plan, which must be approved by the board prior to the issuance of a license. All plans are required to meet the minimum standards outlined in WAC 314-16-270. The board will take into consideration the unique features of each facility when approving an operating plan, including the seating accommodations, eating facilities, and circulation patterns.
[]
(1) Premises - Buildings, parking lots, and any open areas that are adjacent to and owned, leased, or managed by the licensee and under the licensee's control.
(2) Event categories - Types of events that the licensee expects to hold on the premises:
(a) Professional sporting event - A contest involving paid athletes and sanctioned by a professional sports organization that regulates the specific sport.
(i) A preapproved level of alcohol service will be applied to the professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events (relay races, dashes, pole vaulting, etc.).
(ii) For all other professional sporting events, the board will determine the level of alcohol service on a case-by-case basis, as approved in the operating plan.
(b) Amateur sporting event - A contest or demonstration involving athletes who receive no monetary compensation that is sanctioned by a national or regional amateur athletic regulatory organization.
(c) Entertainment event - A concert, comedy act, or similar event intended for the entertainment of the audience.
(d) Special event - A convention, trade show, or other public/private event to large too be held in a separate banquet or meeting room within the facility.
(e) Private event - An event not open to the public such as a wedding, private party, or business meeting, where the facility or a portion of the facility where the event is held is not accessible to the general public during the time of the private event.
(3) Hawking - The practice of selling alcohol in seating areas by roving servers who carry the beverages with them, as outlined in WAC 314-16-270(4). Because of row seating arrangements, servers normally do not have direct access to customers. Therefore, service usually requires that drinks, money, and identification be passed down rows, involving other spectators.
(4) Club seats - A specifically designated and controlled seating area that is distinct from general seating with food and beverage service provided by servers directly to the customer.
[]
(1) What rules govern the submission of operating plans?
(a) To receive a license, a sports/entertainment facility must submit an operating plan for board approval.
(b) Once approved, the plan remains in effect until the licensee requests a change or the board determines that a change is necessary due to demonstrated problems or conditions not previously considered or adequately addressed in the original plan.
(c) The plan must be submitted in a format designated by the board.
(d) The plan must contain all of the following elements:
(i) How the sports/entertainment facility will prevent the sale and service of alcohol to persons under twenty-one years of age and those who appear to be intoxicated.
(ii) The ratio of alcohol service staff and security staff to the size of the audiences at events where alcohol is being served.
(iii) Training provided to staff who serve, regulate, or supervise the service of alcohol.
(iv) The facility's policy on the number of alcoholic beverages that will be served to an individual patron during one transaction.
(v) A list of event categories (see WAC 314-16-265(2)) to be held in the facility at which alcohol service is planned, along with a request for the level of alcohol service at each event.
(e) Prior to the first of each month, the licensee must provide a schedule of events for the upcoming month to the facility's local liquor enforcement office. This schedule must show the date and time of each event during which alcohol service is planned. The licensee must notify the local enforcement office at least twenty-four hours in advance of any events where alcohol service is planned that were not included in the monthly schedule. Notice of private events is not required when the event is being held in conjunction with a professional or amateur sporting event, an entertainment event, or a special event as outlined in WAC 314-16-265(2).
(2) May the liquor control board impose any other mandatory standards as a part of an operating plan? Yes. To prevent persons who are under twenty-one years of age or who appear intoxicated from gaining access to alcohol, the board may impose the following standards as part of an operating plan:
(a) The board may require that an operating plan include additional mandatory requirements if it is judged by the board that the plan does not effectively prevent violations of liquor laws and regulations, particularly those that prevent persons under twenty-one years of age or who are apparently intoxicated from obtaining alcohol.
(b) To permit alcohol servers to establish the age of patrons and to prevent over-service, sports/entertainment facilities must meet minimum lighting requirements established by WAC 314-16-030(3) in any area where alcohol is served or consumed. For the purpose of establishing a permanent technical standard, an operating plan may include a lighting standard measured in foot candles, so long as the candle power of the lighting is, at all times, sufficient to permit alcohol servers to establish the validity of documents printed in eight point type.
(3) Where will spirits, beer, and wine be allowed in a sports/entertainment facility? The purpose of the following matrix is to outline where and when alcohol service will normally be permitted. Due to the unique nature of each facility, the board will determine the permitted alcohol service based on the facility's approved operating plan.
Type of event as defined in WAC 314-16-265(2) |
Beer, wine, and spirits may be sold and served in approved restaurants, lounges, private suites, and club rooms | Beer, wine, and spirits may be sold and served in temporary lounges, beer gardens, or other approved service areas | Wine may be served and consumed in club seats during events | Beer and wine may be consumed throughout seating areas during events | Hawking - Beer may be served throughout seating areas, subject to the provisions of WAC 314-16-270(4) |
| Professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events | x | x | x | x | x |
| All other professional sporting events (level of alcohol service will be determined on a case-by-case basis per the approved operating plan) | x | x | x | x | |
| Amateur sporting events | x | x | |||
| Entertainment events | x | x | |||
| Special events | x | x |
(a) For private events, beer, wine, and spirits may be
served in the area where the event is held. This area may be a
separate meeting or banquet room or the entire facility.
(b) In order to minimize youth access to alcohol, the board may prohibit or restrict the service of alcohol at events where the attendance is expected to be over thirty percent persons under twenty-one years of age. This restriction will not apply to the professional sporting events outlined in WAC 314-16-265 (2)(a).
(4) Will hawking be allowed at sports/entertainment facilities? Subject to the provisions of this rule, hawking may be permitted in general seating areas for the sale and consumption of beer, at the professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events only, as defined by WAC 314-16-265(2).
(a) An operating plan must include procedures for hawkers to verify the age of purchasers and to prevent service to apparently intoxicated persons.
(b) During hawking, any patron may decline to handle alcoholic beverages, either on behalf of themselves and for any person under their supervision. When a patron objects to handling alcohol, hawkers must accommodate the objection. The facility operating plan will address how hawking will be managed, including how hawkers will respond to patron objections to handling alcohol.
(c) Each facility's hawking authorization will be reviewed by the board one year after the facility commences hawking under these rules and then every two years. This review, which will take no more than ninety days, will recommend the continuation, modification, or repeal of the hawking authorization. The decision to continue hawking will be based on:
(i) The facility's demonstrated record of preventing service of liquor to persons under twenty-one years of age and to persons who appear intoxicated; and
(ii) Public input submitted to the board. The licensee must post written notices to its patrons at fixed points of alcohol sales on the premises and in programs at events where hawking occurs for at least sixty days prior to the review period, stating that the facility's hawking authorization is up for review by the board, and directing comment to the board. The wording and method of notice must be approved by the board.
[]
(1) The board will inspect sports/entertainment facilities and issue violation notices for:
(a) Infractions of all liquor laws and rules, particularly with regard to persons who appear intoxicated or who are under twenty-one years of age; and
(b) Any significant deviation from the approved operating plan.
(2) Violations of liquor laws or rules that occur as a result of not following the approved operating plan will be considered aggravating circumstances, which permit the board to impose added penalties.
[]