(1) The purpose of WAC
314-29-015 through
314-29-040 is to outline what penalty a liquor licensee can expect if a licensee or employee violates a liquor control board law or rule (the penalty guidelines for mandatory alcohol server training permit holders are in WAC
314-17-100 through
314-17-110). WAC rules listed in the categories provide reference areas, and may not be all inclusive.
(2) Penalties for violations by liquor licensees or employees are broken down into four categories:
(a) Group One -- Public safety violations, WAC
314-29-020.
(b) Group Two -- Regulatory violations, WAC
314-29-025.
(c) Group Three -- License violations, WAC
314-29-030.
(d) Group Four -- Nonretail violations involving the manufacture, supply, and/or distribution of liquor by nonretail licensees and prohibited practices between nonretail licensees and retail licensees, WAC
314-29-035.
(3) For the purposes of chapter
314-29 WAC, a two year window for violations is measured from the date one violation occurred to the date a subsequent violation occurred.
(4) The following schedules are meant to serve as guidelines. Based on mitigating or aggravating circumstances, the liquor control board may impose a different penalty than the standard penalties outlined in these schedules. Based on mitigating circumstances, the board may offer a monetary option in lieu of suspension during a settlement conference as outlined in WAC
314-29-010(3).
| (a) Mitigating circumstances | (b) Aggravating circumstances |
Mitigating circumstances that may result in fewer days of suspension and/or a lower monetary option may include demonstrated business policies and/or practices that reduce the risk of future violations.
Examples include:
• Having a signed acknowledgment of the business' alcohol policy on file for each employee;
• Having an employee training plan that includes annual training on liquor laws. | Aggravating circumstances that may result in increased days of suspension, and/or increased monetary option, and/or cancellation of a liquor license may include business operations or behaviors that create an increased risk for a violation and/or intentional commission of a violation.
Examples include:
• Failing to call 911 for local law enforcement or medical assistance when requested by a customer, a liquor control board officer, or when people have sustained injuries;
• Not checking to ensure employees are of legal age or have appropriate work permits. |
| (c) In addition to the examples in (a) and (b) of this subsection, the liquor control board will provide and maintain a list of business practices for reference as examples where business policies and/or practices may influence mitigating and/or aggravating circumstances. The established list will not be all inclusive for determining mitigating and/or aggravating circumstances, and may be modified by the liquor control board. The list shall be accessible to all stakeholders and the general public via the internet. |
[Statutory Authority: RCW 66.08.030. 09-21-050, § 314-29-015, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 03-09-015, § 314-29-015, filed 4/4/03, effective 5/5/03.]