WSR 01-03-085

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed January 17, 2001, 1:13 p.m. ]

Date of Adoption: December 20, 2000.

Purpose: Chapter 314-17 WAC will replace chapter 314-14 WAC, which outlines how a person receives a mandatory alcohol server training permit, and how a person can become certified to provide alcohol server training.

Citation of Existing Rules Affected by this Order: Repealing chapter 314-14 WAC.

Statutory Authority for Adoption: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.

Adopted under notice filed as WSR 00-17-182 on August 23, 2000.

Changes Other than Editing from Proposed to Adopted Version: The mandatory alcohol server training program is now administered under the Liquor Control Board's Licensing and Regulation Division. Therefore, throughout the rules, the references to the agency's Enforcement and Education Division were changed to the "Licensing and Regulation Division."

     The rules were renumbered to chapter 314-17 WAC, instead of the previously published chapter 314-13 WAC.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 23, Amended 0, Repealed 18.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 23, Amended 0, Repealed 18.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 23, Amended 0, Repealed 18. Effective Date of Rule: Thirty-one days after filing.

January 16, 2001

Eugene Prince

Chairman


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
Chapter 314-14 WAC Alcohol server training program.
Chapter 314-17 WAC

Mandatory Alcohol Server Training
NEW SECTION
WAC 314-17-005   What is the purpose of this chapter?   (1) RCW 66.20.300 through RCW 66.20.350 set up a mandatory alcohol server training program. These laws require persons who serve or supervise the service of alcohol for on-premises consumption to hold one of two permits, as outlined in this chapter.

     (2) This chapter outlines how a person receives these permits, and how a person can become certified to provide alcohol server training.

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NEW SECTION
WAC 314-17-010   Definitions.   The following definitions are to clarify the purpose and intent of the rules and laws governing mandatory alcohol server training. Additional definitions are in RCW 66.04.010 and 66.20.300.

     (1) A "permit holder" is a person who holds either a Class 12 mixologist or a Class 13 server permit. The permit is the property of the permit holder, and can be used at any liquor licensed establishment.

     (2) A "provider" is an individual, partnership, corporation, college, educational institute, or other bona fide legal entity that the board certifies to provide a board approved alcohol server education course (per RCW 66.20.300). The provider is a training entity.

     (3) A "trainer" is an individual employed or authorized by a provider to conduct an alcohol server education course. Upon the successful completion of the course, the student will receive a Class 12 mixologist or Class 13 server permit from the trainer.

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NEW SECTION
WAC 314-17-015   What are the two types of alcohol server training permits?   There are two types of permits for persons who serve alcohol for on-premises consumption, or who supervise the sale of alcohol for on-premises consumption:


     (1) Per RCW 66.20.310, a Class 12 mixologist permit is required for liquor licensees or their employees who:      (2) Per RCW 66.20.310, a Class 13 server permit is required for persons who:
     (a) manage a premises licensed to sell alcohol beverages for on-premises consumption;

     (b) act as a bartender for selling or mixing alcohol beverages which may include spirits, beer, and/or wine for on-premises consumption; and/or

     (c) draw beer and/or wine from a tap and/or spirits from a dispensing device at an establishment licensed to sell liquor for on-premises consumption.

     (d) A Class 12 mixologist permit holder must be at least twenty-one years of age.

     (e) A Class 12 mixologist permit includes the authority to act as a server, under the Class 13 server permit.

     (f) See RCW 66.20.310(7) for exceptions for employees of grocery stores that have an on-premises liquor license.

      (a) take orders for alcohol beverages to be consumed on-premises;

     (b) deliver alcohol beverages to customers for consumption on-premises; and/or

     (c) open and/or pour beer or wine into a customer's glass at the customer's table.

     (d) A class 13 server permit holder must be at least eighteen years of age.


     (3) Upon the temporary absence of a Class 12 mixologist permit holder, a Class 13 server permit holder who is at least twenty-one years of age may perform the functions of a Class 12 permit holder until a Class 12 permit holder can arrive to fulfill those duties, but in no event for more than thirty consecutive days.

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NEW SECTION
WAC 314-17-020   How long are the permits good for, and how does a permit holder renew?   (1) Class 12 mixologist and Class 13 server permits are valid for five years. The permits expire on the first day of the month, five years following the month the person successfully completed the alcohol server education course.

     (2) In order to renew the permit, the mixologist or server must attend an alcohol server education course given by a board certified trainer or provider.

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NEW SECTION
WAC 314-17-025   Do permit holders have to carry their permit with them?   (1) Any time a licensee or employee is performing the duties outlined in WAC 314-17-015, the person must have:

     (a) their Class 12 mixologist or Class 13 server permit on the premises, and

     (b) one piece of identification (acceptable forms of identification are outlined in RCW 66.16.040).

     (2) Both the permit and the identification must be available for inspection by any law enforcement officer.

     (3) It will be considered a violation of this section for any person to:

     (a) falsify a Class 12 mixologist or a Class 13 server permit; or

     (b) keep or possess a Class 12 mixologist permit or a Class 13 server permit contrary to the provisions of this title.

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NEW SECTION
WAC 314-17-030   Are employers responsible to ensure that their employees hold an alcohol server permit?   All licensees who hold a license to sell liquor for on-premises consumption must ensure that any person that engages in the sale or service of liquor, or who supervises such activities, has a current and valid Class 12 mixologist or Class 13 server permit within sixty days of the date of hire. See RCW 66.20.310(7) for exceptions for grocery stores that have an on-premises liquor license.

     (1) The permit must be in the same name and with the same identifying characteristics as indicated on the permit holder's identification (acceptable forms of identification are outlined in RCW 66.16.040).

     (2) Per WAC 314-16-070(1), a person twenty-one years of age or older must be on the licensed premises to supervise the sale, service, and consumption of liquor.

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NEW SECTION
WAC 314-17-035   How are lost permits replaced?   To replace a lost Class 12 mixologist or Class 13 server permit, the permit holder can:

     (1) contact the provider or trainer who issued the permit; or

     (2) submit an affidavit of lost permit on a form provided by the board to the licensing and regulation division with a fee as prescribed by the board. The board will cancel the lost permit and issue a replacement permit.

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NEW SECTION
WAC 314-17-040   Can Class 13 server permit holders upgrade to a Class 12 mixologist permit when they turn twenty-one?   Class 12 mixologist permits are only issued to persons twenty-one years of age or older. Therefore, any eighteen, nineteen, or twenty year-old person who successfully completes a Class 12 mixologist class will be issued a Class 13 server permit.

     (1) Upon turning twenty-one years of age, the server may contact the provider or trainer who issued the permit and receive an upgraded Class 12 mixologist permit.

     (2) The expiration date of the permit will remain five years from the date of the original class.

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NEW SECTION
WAC 314-17-045   How do I get a Class 12 mixologist or a Class 13 server permit in Washington if I was trained in another state?   (1) Per RCW 66.20.320(10), if you have completed an alcohol server education course in another state since July 1, 1993, and the course is also certified in Washington State, you may receive a Class 12 mixologist or a Class 13 server permit in Washington by completing the provider's Washington State supplement to the program. This supplement will cover Washington State liquor laws and regulations. (You can contact the board's licensing and regulation division to find out if the course you completed is certified in Washington.)

     (2) The provider will issue you a Washington State permit, which will expire five years from the first day of the month following the date the original class was taken. (For example, if you completed the program in another state on June 15, 1996, the Washington permit will expire on July 1, 2001.)

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NEW SECTION
WAC 314-17-050   How can a person receive certification as a Class 12 mixologist or Class 13 server permit provider?   An individual, partnership, corporation, college, educational institute, or other bona fide legal entity may apply to be certified by the board to become a Class 12 mixologist and/or a Class 13 server permit provider.

     (1) In order to get a course certified, the proposed provider must submit the following information to the board's licensing and regulation division:

     (a) a completed application form provided by the board;

     (b) a copy of the proposed curriculum (see WAC 314-17-060);

     (c) a copy of all audio, video, and instructional materials that will be used in the course;

     (d) a copy of all printed materials that will be provided to participants as part of the course; and

     (e) a copy of the examination(s) and explanation of the examination procedures necessary to pass the course.

     (2) The board's licensing and regulation division will respond to the request for certification within forty-five days of receipt of the material. The board will either:

     (a) issue a letter of certification which will be valid for five years, or

     (b) provide a letter outlining what additions or changes need to be made to the course to meet the requirements outlined in this title. If the additions or changes are not received by the licensing and regulation division within thirty days, the application for course certification will be withdrawn.

     (3) The board or its designee may attend any class provided by certified providers and their trainers at no charge, in order to evaluate the course for conformance with this title.

     (4) The provider must receive prior approval from the board's licensing and regulation division before making any changes to the course content or method of presentation which has been certified by the board.

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NEW SECTION
WAC 314-17-055   Temporary certification as a provider.   (1) Persons or entities may apply for temporary certification by the board to become a Class 12 mixologist and/or a Class 13 server permit provider. Temporary certification may be issued by the board for up to six months. During this time period, the provider may adjust their course content or method of presentation without prior board approval, within the guidelines set by the board's licensing and regulation division in the temporary certification.

     (2) In order to get a course certified, the proposed provider must submit the information outlined in WAC 314-17-050(1).

     (3) The board's licensing and regulation division will evaluate the program to see if it meets the minimum standards set by RCW 66.20.300 through 66.20.350, and will respond to the request for temporary certification within forty-five days of receipt of the material. The board will either:

     (a) issue a letter of temporary certification which will be valid for up to six months, or

     (b) provide a letter outlining what additions or changes need to be made to the course to meet the requirements outlined in this title. If the additions or changes are not received by the licensing and regulation division within thirty days, the application for temporary certification will be withdrawn.

     (4) The board or its designee may attend any class provided by certified providers and their trainers at no charge in order to evaluate the course for conformance with this title. If, in the opinion of the board or their designee, the provider does not comply with the lesson plan submitted and approved or any of the requirements of this title, the temporary certification may be immediately revoked.

     (5) If permanent certification is not obtained during the six month temporary certification period, at the end of the temporary certification period, the provider must return the following materials to the board's licensing and regulation division:

     (a) the original letter of board certification,

     (b) any Class 12 mixologist and/or Class 13 server permit forms, and

     (c) records of all permits issued during the temporary certification period.

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NEW SECTION
WAC 314-17-060   What are the course standards for Class 12 mixologist and Class 13 server permits?  


(1) Requirements for a Class 12 mixologist permit course      (a) The course of instruction must be at least three hours in length. The course may be by video or audio-visual presentation ("video" includes via videotape or via computer, including Internet applications and CD-ROMS).

     (b) In addition to meeting the requirements of RCW 66.20.320 (1)(d), the course must contain a standard workbook that covers the specifics of Washington liquor laws and regulations as they relate to:

     (i) recognizing and dealing with intoxicated persons,

     (ii) how to check identification,

     (iii) employment of persons under twenty-one years of age,

     (iv) legal hours of liquor sale and service,

     (v) prohibited conduct by patrons and employees,

     (vi) required signs in liquor licensed establishments,

     (vii) minimum lighting requirements, and

     (viii) administrative and criminal sanctions against liquor licensees and Class 12 and Class 13 permit holders.
(2) Requirements for a Class 13 server permit course      (a) The course of instruction must be at least one hour in length. The course may be by video or audio-visual presentation of not less than thirty minutes together with facilitation by an authorized provider or trainer, or a sixty-minute self teaching video ("video" includes via videotape or via computer, including Internet applications and CD-ROMS).

     (b) In addition to meeting the requirements of RCW 66.20.320 (1)(d), the course must contain a standard workbook that covers the specifics of Washington liquor laws and regulations as they relate to:

     (i) recognizing and dealing with intoxicated persons,

     (ii) how to check identification,

     (iii) employment of persons under twenty-one years of age,

     (iv) legal hours of liquor sale and service,

     (v) prohibited conduct by patrons and employees, and

     (vi) administrative and criminal sanctions against licensees and Class 13 server permit holders.
(3) Requirements and guidelines for both Class 12 mixologist and Class 13 server permit courses      (a) At the beginning of each class, the trainer must give each student:

     (i) an enrollment agreement that clearly states the obligations of the trainer and student, refund policies, and procedures to terminate enrollment;

     (ii) a statement that says, "If you have questions, comments, or complaints about the program, please call the liquor control board" and includes the appropriate board telephone numbers; and

     (iii) a notice that students must complete the course in order to take the exam.

     (b) Students must complete a written examination in the presence of the certified trainer that demonstrates the student is familiar with the liquor laws and rules outlined in subsections (2) and (3) of this rule. During the examination, trainees may not to refer to any written or video material or have a discussion with another person during the exam (unless the instructor authorizes the student to use an interpreter).

     (c) Providers or trainers may not suggest that the state of Washington, the board, or any state agency endorses or recommends the provider's program to the exclusion of any other program.

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NEW SECTION
WAC 314-17-065   How does a provider receive certification for its trainers?   (1) To receive board certification for trainers to teach a course approved by the board, the provider must submit a form provided by the board to the board's licensing and regulation division.

     (2) The provider will only contract with trainers who:

     (a) have a minimum of two years of post-secondary education in one or more of the following fields or a combination of the following fields, or equivalent years of experience:

     (i) training;

     (ii) education;

     (iii) law;

     (iv) law enforcement;

     (v) substance abuse rehabilitation; and/or

     (vi) hospitality industry.

     (b) hold a Class 12 mixologist permit; and

     (c) meet the criminal history requirements outlined in WAC 314-17-070.

     (3) The board's licensing and regulation division will respond to the request for trainer certification within thirty days of receipt of the request. The board will either:

     (a) issue a letter to the provider and each trainer that authorizes the trainer(s) to teach the approved course (the trainer's authorization expires on the date the provider's certification expires); or

     (b) send a letter to the provider outlining why an applicant trainer does not meet the qualifications outlined in this title.

     (c) Trainers may not begin training certified alcohol server education courses until they receive their authorization letter from the board.

     (4) It is the responsibility of the approved provider to keep the board's licensing and regulation division informed of all current trainers.

     (a) The provider must notify the board's licensing and regulation division within seventy-two hours of the termination of trainer, or within seventy-two hours of when the provider is notified that a trainer has terminated their employment.

     (b) For the hiring of new trainers, the provider can either:

     (i) notify the board's licensing and regulation division in writing of any new trainers within thirty days of the date of hire; or

     (ii) provide a list of all current trainers to the board's licensing and regulation division monthly.

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NEW SECTION
WAC 314-17-070   What criminal history would prevent a person from receiving certification to be a trainer?   (1) The board's licensing and regulation division may process a criminal history check on a person applying to be an alcohol server education trainer, using a point system to determine if the person qualifies. The licensing and regulation division will not certify a trainer who accumulates eight or more points as indicated below:


Description Time period during which points will be assigned Points the board will assign
Gross misdemeanor conviction Three years 5 points
Misdemeanor conviction - involving alcohol Three years 4 points
Misdemeanor conviction - not involving alcohol Three years 3 points
Driving under the influence conviction Three years 5 points
Reckless and/or negligent driving conviction - alcohol related Three years 5 points
Reckless and/or negligent driving conviction - not alcohol related Three years 4 points
Hit and run, attended - conviction Three years 5 points
Two to five failures to appear for court conviction Three years 4 points
Six or more failures to appear for court conviction Three years 8 points
Felony conviction Five years 12 points
On parole from a felony Five years 8 points
Nondisclosure of arrests or convictions to the board Any arrest or conviction since age eighteen 4 points each, PLUS the points of the fact which was not disclosed
Misrepresentation of fact to the board 8 points, PLUS the points of the fact which was not disclosed

     (2) If a case is pending for an alleged conviction that would earn eight or more points, the board's licensing and regulation division will hold the trainer's application for the disposition of the case. If the disposition is not settled within ninety days, the board will withdraw the application.

     (3) Persons whose applications to become an alcohol server education trainer are denied by the licensing and regulation division due to a criminal history may request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW). At the board's discretion it may elect to conduct the adjudicative hearing itself or it may assign the matter to the office of administrative hearings.

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NEW SECTION
WAC 314-17-075   How does a provider or trainer get Class 12 mixologist and Class 13 server permits to issue to course participants?    (1) Authorized providers and trainers of certified programs may order Class 12 mixologist and Class 13 server training permits from the board's licensing and regulation division, to issue to students who successfully complete an approved course (see WAC 314-17-080(3) regarding eighteen, nineteen, and twenty year-old students who complete a Class 12 mixologist course).

     (2) The permits must be ordered on a form provided by the board. The board will charge a nominal fee in order to cover its costs to produce the permits.

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NEW SECTION
WAC 314-17-080   What are the age requirements for trainees to receive Class 12 mixologist and Class 13 server permits?   (1) Class 12 mixologist permits are only issued to persons twenty-one years of age or older. Therefore, any person who is eighteen, nineteen, or twenty years of age who successfully completes a Class 12 mixologist course will be issued a Class 13 server permit.

     (2) Class 13 server permits may only be issued to persons eighteen years of age and older.

     (3) Upon turning twenty-one years of age, a Class 13 server permit holder may receive an upgraded Class 12 mixologist permit from the provider or trainer who issued the permit. The expiration date of the permit will remain five years from the date of the class.

     (4) If a provider or trainer issues a Class 12 mixologist permit in error to a person under twenty-one years of age, the provider or trainer must take the following steps:

     (a) contact the permit holder and notify him/her that they received the incorrect permit;

     (b) obtain the original Class 12 mixologist permit from the permit holder; and

     (c) issue the correct Class 13 server permit (only after receiving the original Class 12 mixologist permit that was issued in error).

     (d) Within thirty days of the date the permit was issued in error, or of being notified by the board of the error, the provider or trainer must:

     (i) provide the tear-off portion of the corrected Class 13 server permit to the board's licensing and regulation division; or

     (ii) if unable to contact the permit holder and issue a corrected permit, the provider or trainer can provide the board's licensing and regulation division proof that a certified letter was sent to the trainee who received the Class 12 mixologist permit in error.

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NEW SECTION
WAC 314-17-085   What records does the provider or trainer need to provide to the board or keep on file?   (1) Within thirty days of all training classes, the provider or trainer must submit the tear-off portion of the permit form for all Class 12 and/or Class 13 permits issued to the board's licensing and regulation division.

     (2) The following information must be kept at the trainer's place of business, available for inspection and copying by board employees, for a period of five years:

     (a) copies of all Class 12 and/or Class 13 permits issued by the provider or authorized trainers; and

     (b) all course presentation information, including the location, date, and time of every class given together with the name of the trainer and name of students that attended each class.

     (3) The provider or trainer must provide the following information to the board or its designee upon request:

     (a) advance notice of any classes that have been pre-scheduled; and

     (b) copies of program publications, brochures, pamphlets, scripts, or any other advertising materials related to the alcohol server training course.

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NEW SECTION
WAC 314-17-090   Prohibited conduct by providers and trainers.   No provider or trainer will:

     (1) make any material false or misleading statement to induce or prevent board actions;

     (2) falsify, alter, or tamper with alcohol server training permits or records;

     (3) prohibit or interfere with on-site observations by the board or its staff, or fail to assist the board or its staff in scheduling these observations.

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NEW SECTION
WAC 314-17-095   Is the provider responsible for the acts of its trainers?   The board may hold a provider responsible for any act or omission of the provider's program personnel, authorized trainers, or representatives that violates any law or rule affecting provider privileges.

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NEW SECTION
WAC 314-17-100   What are the penalties if provider or a trainer violates a liquor law or regulation?   Following are the penalties for a provider or trainer that violates any of the provisions of RCW 66.20.300 through 66.20.350 or any of the requirements of chapter 314-17 WAC (except for providers with temporary certification, see WAC 314-17-055(4)):


(1) First violation      (a) The provider or trainer will receive a notice of intended suspension/revocation of the board's certification or authorization.

     (b) This notice will give the provider and/or trainer thirty days to correct any violations.

     (c) If the problem is rectified, no further action will be taken.
(2) First violation not resolved and/or second violation occurs      (a) The board will suspend its approval and certification of the provider and/or trainer for up to six months.

     (b) A monetary penalty of up to five hundred dollars may be imposed in lieu of suspension.

     (c) Prior to lifting the suspension or accepting a monetary penalty, the provider and/or trainer must correct the problem(s) which caused the proposed suspension.
(3) Successive violations within a two-year period The board may cancel or suspend the approval and certification of the provider and/or trainer for up to five years.

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NEW SECTION
WAC 314-17-105   What are the penalties if a permit holder violates the liquor laws?   (1) Penalties assessed within three year period will normally be as follows:

Violation Type 1st Violation 2nd Violation 3rd Violation 4th Violation
AFTER HOURS: Selling, serving, or allowing alcohol to be consumed between 2 a.m. and 6 a.m. See WAC 314-16-050. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit

permit
DISORDERLY CONDUCT: Disorderly conduct by the licensee or employee, or allowing patrons to engage in disorderly conduct. See WAC 314-16-120. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
INTOXICATED PERSONS: Selling or serving to an apparently intoxicated person or allowing such a person to possess or consume alcohol. See RCW 66.44.200 and WAC 314-16-150. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
LEWD CONDUCT: Allowing lewd conduct on the licensed premises. See WAC 314-16-125. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
MISCELLANEOUS: Violation of other retail liquor laws or rules. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
MINORS: Selling or serving alcohol to a person under twenty-one years of age. See RCW 66.44.310 and WAC 314-16-150. 5 day permit suspension OR $200 monetary option 10 day permit suspension OR $400 monetary option 30 day permit suspension OR $600 monetary option revocation of permit
MINORS: Allowing persons under twenty-one years of age to frequent a restricted premises or area. See RCW 66.44.310 and WAC 314-16-150. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit

suspension OR $400 monetary option

 revocation of permit
OBSTRUCTING AN OFFICER: Obstructing a law enforcement officer, or failure to allow an inspection. See RCW 66.28.090. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
OTHER VIOLATION OF LAWS: Conviction of liquor laws, DUI or felony. 5 day permit suspension OR $100 monetary option revocation of permit
PERMIT: Failure to produce permit and/or ID upon request. See RCW 66.20.310(2) and WAC 314-15-025. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit
PRIVATE CLUBS: Prohibitions involving club liquor and use by the general public. See WAC 314-40-010. 5 day permit suspension OR $100 monetary option 10 day permit suspension OR $200 monetary option 30 day permit suspension OR $400 monetary option revocation of permit

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 314-17-110   Can the board impose sanctions or penalties other than those indicated in WAC 314-17-105?   (1) Based on aggravating or mitigating circumstances, the board may impose a different penalty or suspension than the standard penalties and suspensions outlined in WAC 314-17-105.

     (2) Examples of aggravating and mitigating circumstances include, but are not limited to:


(a) Examples of aggravating circumstances: (b) Examples of mitigating circumstances:
•     Patron's identification not checked;

•     Non-cooperation with or obstructing any law enforcement officer;

•     Permit holder did not call law enforcement officer when requested by a customer or a board employee.

 •     Permit holder checked one of the acceptable forms of identification (per RCW 66.16.040);

•     Cooperation with law enforcement officer(s);

•     Permit holder used a licensee certification card (see RCW 66.20.190).

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NEW SECTION
WAC 314-17-115   Can a Class 12 or Class 13 permit holder work on a licensed premises while his/her permit is suspended?   (1) During a suspension period, permit holders may work on a liquor licensed premises provided they are not involved in any way in the sale or service of alcohol.

     (2) No permit is required to be a cashier, receptionist, cook, or custodian.

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