PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-11-152.
Title of Rule: Chapter 314-21 WAC, In-house controlled purchase programs.
Purpose: The purpose of the rule making is to create a chapter of rules to implement SB 5604, passed by the 2001 legislature, which allows retail liquor licensees to use eighteen, nineteen, or twenty year-old persons to participate in in-house controlled purchase programs as authorized by the Liquor Control Board under rules adopted by the agency.
Statutory Authority for Adoption: RCW 66.08.030, 66.44.290.
Statute Being Implemented: RCW 66.44.290.
Summary: The proposed rules would implement SB 5604, passed by the 2001 legislature, which allows retail liquor licensees to use eighteen, nineteen, or twenty year-old persons to participate in an in-house controlled purchase program as authorized by the Liquor Control Board under rules adopted by the agency. The rules would set up approval guidelines and standards for the programs.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648; Implementation and Enforcement: Rick Phillips, Enforcement Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1780.
Name of Proponent: Washington State Liquor Control Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules would implement SB 5604, passed by the 2001 legislature, which allows retail liquor licensees to use eighteen, nineteen, or twenty year-old persons to participate in an in-house controlled purchase program as authorized by the Liquor Control Board under rules adopted by the agency. An in-house controlled purchase program is a program that allows retail liquor licensees to use eighteen, nineteen, or twenty year-old employees to attempt to purchase alcohol for the purpose of evaluating the licensee's training program regarding the sale of liquor to persons under twenty-one years of age. The rules would set up approval guidelines and standards for the programs.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No disproportionate impact to small businesses.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in RCW 34.05.328.
Hearing Location: Liquor Control Board, Liquor Distribution Center, 4401 East Marginal Way South, Seattle, WA, on March 14, 2002, at 9 a.m.; at the Shilo Inn, Sacheen Room, East 923 Third Avenue, Spokane, WA, on March 15, 2002, at 9:30 a.m.; and at the Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on March 20, 2002, at 10 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by March 13, 2002, TDD (360) 586-4727, or (360) 664-1648.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, fax (360) 664-9689, by March 27, 2002.
Date of Intended Adoption: April 3, 2002.
February 6, 2002
Merritt D. Long
Acting Chair
(2) The licensee's controlled purchase program must meet the requirements of RCW 66.44.290, WAC 314-21-015, and WAC 314-21-025.
(3) Per RCW 66.44.290, violations occurring under an in-house controlled purchase program may not be used for criminal prosecution or administrative action.
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(1) The board's approval will be based on the licensee submitting a written plan that meets the requirements outlined in RCW 66.44.290 and WAC 314-21-025.
(2) It will take up to twenty days for the licensee to receive written approval from the liquor control board's enforcement and education division, therefore the licensee must submit his/her request in writing to the board's enforcement and education division at least twenty working days prior to the first controlled purchase program.
(3) The written request must contain:
(a) The location(s) at which the licensee would like to conduct controlled purchase programs.
(b) The name and contact telephone number(s) of the person who will be on the premises supervising the control purchased program, who must be at least twenty-one years of age.
(c) The licensee's written procedures for their in-house controlled purchase program, which must address all of the guidelines in WAC 314-21-025.
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(1) The licensee must keep a statement on file signed by the licensee and each employee indicating that the employee has received training regarding the sale of liquor to persons under twenty-one years of age. Restaurant, tavern, or sports/entertainment facility licensees must keep on file either such a statement for each employee or a copy of the employee's mandatory alcohol server training permit. These records must be maintained on the licensed premises, available for inspection by the board, unless otherwise approved in writing by the liquor control board's enforcement and education division.
(2) During an in-house controlled purchase program, the person supervising the program must possess:
(a) the licensee's controlled purchase program procedures,
(b) the board's written approval of the in-house controlled purchase program, and
(c) valid identification (see WAC 314-11-025 for a list of acceptable identification).
(3) The employees participating in the in-house controlled purchase program must be at least eighteen years of age.
(4) The employees participating in the in-house controlled purchase program may not use fraudulent identification and should not be deceptively mature in appearance.
(5) The licensee must take two photos of the employees participating in the in-house controlled purchase program on the day of the program. One photo must be full face and one photo must show the employee from head to toe. These photos must be maintained on the licensed premises, available for inspection by the board.
(6) If employees participating in the in-house controlled purchase program are paid for their time, the compensation of such employees may not be based on the number of successful purchases made during the course of the in-house controlled purchase program.
(7) The licensee must have written procedures that ensure any liquor purchased by an eighteen, nineteen, or twenty year old employee during an in-house controlled purchase program is adequately secured by the licensee or an employee who is at least twenty-one years of age immediately following the purchase.
(8) Per RCW 66.44.290, the licensee must provide his/her employees a written description of the employer's in-house controlled purchase program, which must include a notice of action an employer may take as a consequence of an employee's failure to comply with the employer's policies regarding the sale of alcohol during an in-house controlled purchase program.
(9) Per RCW 66.44.290, a licensee may not terminate an employee solely for a first-time failure to comply with the licensee's policies regarding the sale of alcohol during an in-house controlled purchase program.
(10) If a licensee fails to meet any of the requirements of RCW 66.44.290, WAC 314-21-015, or WAC 314-21-025, the board may revoke its approval to conduct in-house controlled purchase programs. The licensee may reapply for approval to conduct in-house controlled purchase programs not less than one year following the board's revocation of approval.
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