WSR 02-11-030

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed May 7, 2002, 3:59 p.m. ]

     Date of Adoption: May 1, 2002.

     Purpose: The purpose of the rule making is to create a chapter of rules, chapter 314-21 WAC, 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.

      Adopted under notice filed as WSR 02-04-112 on February 6, 2002.

     Changes Other than Editing from Proposed to Adopted Version: •     The rules now refer to "persons" participating in controlled purchase programs, as opposed to "employees." This change was made to reflect the intention of the guiding statute, RCW 66.44.290, which allows licensees to contract with a third party to conduct in-house controlled purchase programs. The rules continue to state that the licensee is responsible to ensure the controlled purchase programs are conducted under the guidelines of RCW 66.24.290 and chapter 314-21 WAC.

•     Language was added to WAC 314-21-005(3) to clarify that when the rule and its guiding statute state that "violations occurring under an in-house controlled purchase program may not be used for criminal prosecution or administrative action," "administrative action" refers to action against a licensee by the Liquor Control Board.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 3, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 3, 2002

Merritt D. Long

Chair


NEW SECTION
WAC 314-21-005   What is an in-house controlled purchase program?   (1) Per RCW 66.44.290, an in-house controlled purchase program is a program that allows retail liquor licensees to use eighteen, nineteen, or twenty year old persons 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.

     (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 by the liquor control board.

[]


NEW SECTION
WAC 314-21-015   How can liquor licensees receive approval to conduct an in-house controlled purchase program?   A retail liquor licensee must receive prior written approval from the liquor control board's enforcement and education division before conducting an in-house controlled purchase program.

     (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 chapter 314-21 WAC.

     (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 once the licensee submits a properly completed written request, 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.

[]


NEW SECTION
WAC 314-21-025   What are the guidelines for controlled purchase programs?   A retail liquor licensee may conduct an in-house controlled purchase program under the following conditions:

     (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 persons participating in the in-house controlled purchase program must be at least eighteen years of age.

     (4) The persons 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 ensure that two photos are taken of the persons 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 persons participating in the in-house controlled purchase program are paid for their time, the compensation of such persons 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 person 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 an occurrence of any 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's controlled purchase program 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.

[]

© Washington State Code Reviser's Office