PERMANENT RULES
Date of Adoption: April 28, 1999.
Purpose: The purpose of the following rules is to provide a framework under which the board, in partnership with local government subdivisions, can take action to mitigate any negative impacts on a community's livability that result from the presence of chronic public inebriation or illegal activity associated with alcohol sales and consumption:
| • | WAC 314-12-210 Chronic public inebriation (CPI) and alcohol impact areas--Definitions--Purpose. |
| • | WAC 314-12-215 Alcohol impact areas--Definitions--Guidelines. |
| • | WAC 314-12-220 General Review. |
| • | WAC 314-12-225 Severability. |
Statutory Authority for Adoption: RCW 66.08.030, 66.24.010.
Adopted under notice filed as WSR 99-06-097 on March 3, 1999.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
June 7, 1999
Eugene Prince
Chairman
OTS-3136.1
NEW SECTION
WAC 314-12-210
Chronic public inebriation (CPI) and alcohol impact areas
(AIA)--Definitions--Purpose.
(1) What is the purpose of these rules concerning chronic public inebriation and alcohol impact areas?
(a) The enabling statutes for the liquor control board are contained in chapter 66.08 RCW. These statutes authorize the board to exercise the police power of the state for the protection of the welfare, health, peace, and safety of the people of Washington.
(b) The board's mandate to protect the welfare, health, peace, and safety of the people is to ensure that liquor licensees conduct their business in a lawful manner and that the presence of a licensee's alcohol sales does not unreasonably disturb the welfare, health, peace, or safety of the surrounding community.
(c) The purpose of these rules concerning chronic public inebriation and alcohol impact areas is to establish a framework under which the board, in partnership with local government and community organizations, can act to mitigate negative impacts on a community's welfare, health, peace, or safety that result from the presence of chronic public inebriation.
(d) For the purpose of these rules, chronic public inebriation exists when the effects of the public consumption of alcohol and/or public intoxication occur in concentrations that endanger the welfare, health, peace, or safety of a neighborhood or community.
(2) What do these rules concerning chronic public inebriation and alcohol impact areas seek to do? WAC 314-12-210 and 314-12-215 seek to:
(a) Establish an expanded local review process for liquor license applications, assumptions*, and renewals inside a recognized alcohol impact area (AIA);
(b) Create standards under which the board may refuse to issue a liquor license; may refuse to permit the assumption or renewal of a liquor license; may place conditions or restrictions upon the issuance, assumption, or renewal of a license; or may place conditions or restrictions on an existing license inside a recognized AIA;
(c) Allow the board, in specific circumstances, to restrict the off-premises sale of certain alcohol products or alcohol product containers inside a recognized AIA.
| *Note: | A liquor license assumption refers to an application by a prospective new owner/operator for an existing licensed business. Under certain conditions, such applicants may apply for a temporary license to continue operations during the new license application review period. |
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(1) What is an alcohol impact area (AIA)? An alcohol impact area is a geographic area within a city, town, or county that is adversely affected by chronic public inebriation or illegal activity associated with alcohol sales or consumption. The area must be designated by ordinance by the government subdivision and recognized by resolution of the board before any enhanced processes described by these rules are applied.
(2) What guidelines will the board use to recognize an alcohol impact area (AIA)? The board, by resolution, may recognize an AIA adopted by a city, town, or county and subsequently referred to the board by that government subdivision. To achieve recognition, the AIA must meet all of the following conditions:
(a) The AIA comprises a geographic area that does not include the entire territory of the local jurisdiction;
(b) The government subdivision has given a rationale, expressed in the ordinance, for the establishment of the proposed boundaries of the AIA;
(c) The government subdivision has described the boundaries of the AIA in the ordinance in such a way that:
(i) The board can determine which liquor licensees are in the proposed area; and
(ii) The boundaries are understandable to the public at large.
(d) The AIA ordinance includes findings of fact which establish:
(i) Chronic public inebriation or illegal activity associated with alcohol sales and/or consumption within the proposed AIA is contributing to the deterioration of the general quality of life within the area or threatens the welfare, health, peace, or safety of the area's visitors and occupants;
(ii) There is a pervasive pattern of public intoxication and/or public consumption of alcohol as documented in crime statistics, police reports, emergency medical response data, detoxification reports, sanitation reports, public health records, or similar records; and
(iii) A good faith effort has been made by the government subdivision to control the problem through voluntary efforts that may include cooperation with neighborhood citizen and/or business organizations, and must include the notification of licensees within the proposed AIA of public intoxication problems and of voluntary remedies available to them to resolve the problem.
(e) The AIA will take effect on the date of the board's resolution extending recognition to the AIA.
(3) Once an AIA is recognized by the board, what processes, conditions, or restrictions may the board apply?
(a) The board will apply a unique local license review process for liquor license applications, assumptions, and renewals within the AIA.
(b) The board may place conditions or restrictions on the off-premises sale privilege of liquor licenses within the AIA. These restrictions must be reasonably related to reducing chronic public inebriation or illegal activity associated with off-premises alcohol sales and/or consumption. These restrictions may include, but are not limited to:
(i) Restrictions on the hours of operation for off-premises alcohol sale within the AIA;
(ii) Restrictions on the off-premises sale of certain alcohol products within the AIA; and
(iii) Restrictions on alcohol container sizes available for off-premises sale within the AIA.
(4) What are the circumstances required for the board to restrict the off-premises sale of alcohol within an AIA? The board may restrict the off-premises sale of alcohol within an AIA, subject to all of the following conditions:
(a) Product restrictions must be requested by the government subdivision's law enforcement agency or public health authority;
(b) The board must find that the off-premises sale of such alcohol products is reasonably linked to the problems associated with chronic public inebriation; and
(c) The government subdivision must have shown that voluntary efforts have failed to significantly reduce the impact of chronic public inebriation, or that voluntary efforts need augmentation by license restrictions described in subsection (3) of this section.
(5) What type of voluntary efforts must the government subdivision attempt before the board will implement mandatory product restrictions? Before the board will implement mandatory product restrictions, the government subdivision's voluntary efforts must include:
(a) Notification of all off-premises sales licensees in the proposed AIA that behavior associated with alcohol sales is having an impact on chronic public inebriation.
(b) Documentation that the government subdivision has made reasonable efforts to implement voluntary agreements to promote business practices that reduce chronic public inebriation and promote public welfare, health, peace, and safety with licensees within the AIA who sell alcohol for off-premises consumption.
(c) Implementation of these voluntary agreements must have been attempted for at least six months before information is presented to the board that voluntary efforts have failed or need augmentation.
(6) If restrictions are approved for an AIA, the board will:
(a) Notify the appropriate beer and wine distributors of the product restrictions placed on off-premises licensees within the AIA.
(b) When product restrictions on the off-premises sale of alcohol products are placed on licensees within an AIA, no state liquor store or agency within the AIA may sell these restricted products.
(7) What is the process for liquor license applications and renewals for licensees inside a recognized AIA? Subject to the provisions of RCW 66.24.010(8):
(a) When the board receives an application for a liquor license that includes an off-premises sale privilege, the board will establish an extended time period of sixty days for the government subdivision to comment on the liquor license application or assumption.
(i) The government subdivision may and is encouraged to submit comment before the end of this sixty-day period, but may request an extension of this period when unusual circumstances, explained in the request, require additional time for comment.
(ii) The requesting government subdivision will notify the licensee or applicant when an extension of the sixty-day comment period is requested.
(b) For renewals, notice will be mailed to the government subdivision not less than ninety days before the current license expires.
(8) How long will an AIA be in effect? An AIA will remain in effect until:
(a) The sponsoring government subdivision repeals the specific enabling ordinance that originally defined the specific AIA recognized by the board; or
(b) The board repeals its recognition of an AIA as the result of a public hearing, called by the board acting on its own initiative or at the request of a community organization within the AIA, made after the AIA has been in effect for at least two years.
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The board will initiate a study of the effectiveness of WAC 314-12-210 and 314-12-215 one year following recognition of the first AIA under these rules. The study, which shall take no more than ninety days, will recommend the continuation, modification, or repeal of these rules.
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If any provision of WAC 314-12-210 through 314-12-220 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or the application of these rules which can be given effect without the invalid provision or application, and, to this end, the provisions of these rules are declared to be severable.
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