WSR 13-10-067

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed April 30, 2013, 11:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-06-045.

Title of Rule and Other Identifying Information: WAC 478-136-041 Alcoholic beverage policy.

Hearing Location(s): Room 142, Gerberding Hall, University of Washington, Seattle Campus, on June 7, 2013, at 12:00 noon.

Date of Intended Adoption: July 11, 2013.

Submit Written Comments to: Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210, e-mail rules@uw.edu, fax (206) 685-3825, by June 7, 2013.

Assistance for Persons with Disabilities: Contact disability services office by May 28, 2013, TTY (206) 543-6452 or (206) 543-6450.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, the University of Washington's alcoholic beverage policy does not provide for licensing under a sports entertainment facility license. The proposed WAC rule amendment will make it clear that alcohol sales, service, and consumption in Husky Stadium will be governed by and must be in compliance with such a license issued by the Washington state liquor control board. The operating plan required to obtain the annual sports entertainment facility license will limit alcohol sale, service, and consumption to suite and club areas, approximately five percent of the available seating in the renovated Husky Stadium.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting: Stephanie Rempe, Senior Associate Athletic Director, 230 Graves Building, UW, Seattle, WA, (206) 685-2634; Implementation and Enforcement: Scott Woodward, UW Director of Athletics, 235 Graves Building, UW, Seattle, WA, (206) 543-2212.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose a disproportionate impact on small businesses or affect a school district under Title 28A RCW.

A cost-benefit analysis is not required under RCW 34.05.328. The University of Washington does not consider this to be a significant legislative rule.

April 30, 2013

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-5413.1


AMENDATORY SECTION(Amending WSR 10-13-098, filed 6/17/10, effective 7/18/10)

WAC 478-136-041   Alcoholic beverage policy.   Alcoholic beverages may be possessed, sold, served, and consumed at university facilities only if the procedures set forth in this section are followed.

(1) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor control board.

(2) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor control board must be followed.

(3) Alcoholic beverages may be possessed, sold, served, and consumed at the University of Washington club, as so designated by the university board of regents to the Washington state liquor control board, pursuant to a spirits, beer, and wine private club license issued by the Washington state liquor control board.

(4) Alcoholic beverages may be possessed, sold, served, and consumed at university facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor control board.

(5) Except as provided in subsections (3) and (4) of this section, alcoholic beverages may be possessed, sold, served, and consumed at university facilities only under permits/licenses issued by the Washington state liquor control board and only as follows:

(a) Events at which alcohol is to be sold must be approved by the appropriate committee chair for the committee on the use of university facilities and an application to the chair must be accompanied by a request for written authorization under subsection (6) of this section or proof that the seller holds an appropriate license; and

(b) Events at athletic venues at which alcohol is to be possessed, sold, served, or consumed must:

(i) Not be within the spectator viewing areas and must have restricted attendance; or

(ii) Operate under a sport entertainment facility license issued by the Washington state liquor control board; and

(c) A university unit, or an individual or organization applying for a permit/license must have obtained approval under subsection (6) of this section; and

(d) Sale, service, and consumption of alcohol is to be confined to specified room(s) or area(s) identified on the license or permit. Unopened containers may not be sold or served. No alcohol is permitted to be taken off-premises.

(6) Written authorization to apply for a special occasion license to sell alcoholic beverages or a banquet permit to serve and consume alcoholic beverages at university facilities must be obtained from the appropriate committee chair for the committee on the use of university facilities prior to applying for a special occasion license or banquet permit from the Washington state liquor control board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor control board at least thirty days or more before the event.) Written authorization to apply for such a permit/license shall accompany the application filed with the Washington state liquor control board.

(7) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.

[Statutory Authority: RCW 28B.20.130. 10-13-098, 478-136-041, filed 6/17/10, effective 7/18/10.]