WASHINGTON STATE REGISTER

WSR 02-11-054

PERMANENT RULES

LIQUOR CONTROL BOARD

[ Filed May 9, 2002, 4:49 p.m. ]

Date of Adoption: May 7, 2002.

Purpose: Chapter 314-11 WAC was rewritten in March of 2001, and the agency has found that several technical changes are needed for clarification.

Citation of Existing Rules Affected by this Order: Amending WAC 314-11-015, 314-11-020, 314-11-030, 314-11-035, 314-11-040, 314-11-045, 314-11-060, 314-11-065, 314-11-070, and 314-11-095.

Statutory Authority for Adoption: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350.

Adopted under notice filed as WSR 02-04-110 on February 6, 2002.

Changes Other than Editing from Proposed to Adopted Version:

• The agency is withdrawing its proposed changes to WAC 314-11-025, which outlines acceptable forms of ID to verify age for alcohol sales, in order to consider additional changes to this rule.

• Added language to WAC 314-11-015, which outlines general responsibilities for liquor licensees, to cross reference to other rules that outline the penalties when a liquor licensee or a mandatory alcohol server training permit holder violates a liquor law or rule. Language was also added to this rule to state that, in addition to the licensee, employees also have the responsibility [to] follow liquor laws and rules.

• Added language to WAC 314-11-095, which outlines record-keeping requirements, to clarify that the records listed must be available if requested by the Liquor Control Board.

• Changed wording in WAC 314-11-072, which requires a licensed premises to be open to the general public whenever liquor is sold, served, or consumed, to clarify this rule applies to retail licensed premises.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 10, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 10, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

May 9, 2002

Merritt D. Long

Chair

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-015 What are my responsibilities as a liquor licensee? (1)(a) Liquor licensees are responsible for the operation of their licensed premises in compliance with the liquor laws and rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed or permitted by employees will be treated by the board as violations committed or permitted by the licensee.

(b) The penalties for violations of liquor laws or rules are in: WAC 314-12-300 through WAC 314-12-340, as now or hereafter amended, for licensees; and WAC 314-17-105 and WAC 314-17-110, as now or hereafter amended, for employees who hold mandatory alcohol server training permits. These rules also outline aggravating and mitigating circumstances that may affect what penalty is applied if a licensee or employee violates a liquor law or rule.

(2) Licensees and their employees also have the responsibility to conduct ((~~their~~)) the licensed premises in compliance with the following laws, as they now exist or may later be amended:

&sqbul; Titles 9 and 9A RCW, the criminal code laws;

&sqbul; Title 69 RCW, which outlines the laws regarding controlled substances; and

&sqbul; Titles 70.155, ((~~and~~)) 82.24 RCW, and RCW 26.28.080 which outline laws regarding tobacco.

(3) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times. Except as otherwise provided by law, licensees or employees may not:

(a) Be disorderly or intoxicated on the licensed premises;

(b) Permit any disorderly person to remain on the licensed premises;

(d) Consume liquor of any kind while working on the licensed premises; except that:

(i) Licensed beer manufacturers and their employees may sample beer of their own manufacture for manufacturing, evaluating or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated;

(ii) Licensed wine manufacturers and their employees may:

(A) Sample wine for manufacturing, evaluating, or pricing product, so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public; and

(B) Sample wine of their own manufacture for quality control or consumer education purposes, so long as the licensee or employee does not become apparently intoxicated.

(e) Engage in, or permit any employee or other person to engage in, conduct on the licensed premises which is prohibited by any portion of Titles 9, 9A, or 69 RCW; or

(f) Sell or serve liquor by means of "drive-in" or by "curb service."

(4) Licensees have the responsibility to control the interaction between the licensee or employee and their patrons. At a minimum, licensees or employees may not:

(a) Solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on the premises for ((~~the~~)) such purpose ((~~of soliciting a patron~~));

(b) Spend time or dance with, or permit any person to spend time or dance with, any patron for direct or indirect compensation by a patron.

[Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. 01-06-014, § 314-11-015, filed 2/26/01, effective 3/29/01.]

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-020 What are the guidelines regarding sales to persons under twenty-one years of age and where persons under twenty-one are allowed on a licensed premises? (1) Per RCW 66.44.270, licensees or employees may not supply liquor to any person under twenty-one years of age, either for his/her own use or for the use of any other person.

(2) Per RCW 66.44.310, licensees or employees may not allow persons under twenty-one years of age to remain in any premises or area of a premises classified as off-limits to persons under twenty-one. (See RCW 66.44.310 (1)(b) regarding nonprofit, private club licensees.)

(3) ((On)) At the request of any law enforcement officer, a person must present a card of identification if the person is on a portion of a premises that is restricted to persons over twenty-one years of age, or if the person is purchasing liquor, attempting to purchase liquor, consuming liquor, or in the possession of liquor. If the person fails or refuses to present a card of identification it will be considered a violation of Title 66 RCW and:

(a) The person may not remain on the licensed premises after being asked to leave by a law enforcement officer; and

(b) The person may be detained by a law enforcement officer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-030 What if a person's identification meets the legal requirements but I still have doubts about his or her age? (1) Per RCW 66.20.190 and 66.20.210, if a patron presents proper identification as outlined in WAC 314-11-025 but the licensee or employee still has doubts about the patron's age, the licensee or employee may require the patron to sign a certification card. Certification cards are provided by the board's enforcement and education division.

(2) The certification card must be completely filled out and filed alphabetically by the licensee or employee by the close of business on the day used. Certification cards are subject to examination by any law enforcement officer.

RCW. 01-06-014, § 314-11-030, filed 2/26/01, effective 3/29/01.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-035 What are the rules regarding sales to apparently intoxicated persons? Per RCW 66.44.200, licensees or employees may not supply liquor to any person apparently under the influence of liquor, or allow an apparently intoxicated person to possess or consume liquor on the licensed premises.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-040 What duties can an employee under twenty-one years of age perform on a licensed premises? A person must be twenty-one years of age or older to be employed in the sale, handling, or service of liquor, except as provided in this chapter.

(1) Per RCW 66.44.340 and RCW 66.44.350, persons between eighteen and twenty-one years of age may perform the following duties:

Duties 18, 19, and 20 year((s)) old employees may perform, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor Duties 18, 19, and 20 years old employees may not perform

(a) In a grocery store or beer/wine specialty shop: &sqbul;     Sell, stock, and handle beer and wine((~~, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor~~)); and Supervise employees who sell, stock, or handle beer and/or wine.

&sqbul;     Deliver beer and/or wine to a customer's car with the customer (for the purposes of this rule, there is no minimum age requirement for an employee of a grocery store or a beer/wine speciality shop to deliver beer and/or wine to a customer's car with the customer).

(b) In an establishment that sells liquor for on-premises consumption: &sqbul;     Take orders for, serve, and sell liquor in areas classified as open to persons under twenty-one years of age; and
&sqbul;     Enter areas designated as off-limits to persons under twenty-one years of age to perform duties such as picking up liquor for service in other parts of the establishment; cleaning up, setting up, and arranging tables; delivering messages; serving food; and seating patrons; provided the employee does not remain in the area any longer than is necessary to perform the duties.
Functions of a bartender, including:
&sqbul;     Mixing drinks;
&sqbul;     Drawing beer or wine from a tap;
&sqbul;     Pouring beer or wine anywhere except at the patrons table; and
&sqbul;     Providing an employee spirits, beer by the pitcher or glass, or wine by the carafe or glass for delivery to a customer.

     (2) Per RCW 66.44.316 and RCW 66.44.318, the following persons that are eighteen, nineteen, or twenty years of age may remain on licensed premises or portions of premises that are restricted from persons under twenty-one years of age, but only during the course of his or her employment:

(a) Persons performing janitorial services during the hours when there is no sale, service, or consumption of liquor on the premises;

(b) Employees of amusement device companies for the purpose of installing, maintaining, repairing, or removing any amusement device;

(c) Security or law enforcement officers and fire fighters during the course of their official duties and if they are not the direct employees of the licensee; and

(d) Professional musicians, per WAC 314-11-045.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-045 Can musicians under twenty-one years of age entertain on a licensed premises that is restricted to persons twenty-one or older? Per RCW 66.44.316 and 66.44.318, musicians, ((~~disk~~)) disc jockeys, and sound or lighting technicians paid by the licensee who are eighteen, nineteen, or twenty years of age may work in a licensed premises or a portion of a licensed premises that is restricted to persons twenty-one years of age or older, under the following conditions:

(1) The eighteen, nineteen, or twenty year-old musicians must remain on the stage or bandstand during their performance, except:

(a) Strolling musicians; and

(b) ((~~Disk~~)) Disc jockeys and sound and lighting technicians may remain in locations as required to actively support the professional musician or ((~~disk~~)) disc jockey.

(2) The eighteen, nineteen, or twenty year-old musicians may not consume alcohol, and must have acceptable identification available for inspection at all times.

(3) The eighteen, nineteen, or twenty year-old musicians are permitted on the licensed premises no more than one hour prior to the start of their performance and not more than one hour after their performance, in order to properly set up and secure their equipment.

(4) During breaks, ((~~minor~~)) the eighteen, nineteen, or twenty year-old musicians may not remain in an area that is off-limits to persons under twenty-one years of age.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-060 What are the mandatory signs a licensee must post on a licensed premises? (1) Notices regarding persons under twenty-one years of age must be posted on the premises as follows:

Type of licensee Sign must contain the following language: Required location of sign

Tavern licensees and spirits, beer, and wine licensees who do not allow persons under twenty-one years of age. "Persons under twenty-one years of age not permitted on these premises." Conspicuous location at each entry to premises.

Restaurants that do not permit persons under twenty-one years of age on a portion of their premises. "Persons under twenty-one years of age not permitted in this area." Conspicuous location at each entry to a restricted area.

The board will provide the required notices, or licensees may design their own notices as long as they are legible and contain the required language.

(2) Signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy, must be posted as follows:

Type of premises Required location of sign

Premises that serve alcohol for on-premises consumption (does not apply to self-service "mini-bars" in hotel guest rooms). Posted in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area.

Airports, convention centers, sports facilities, and other licensed premises that have more than one authorized location for alcohol service and consumption. Posted in a place that is clearly visible to the majority of patrons entering the liquor licensed portion of the premises.

Grocery store and beer/wine specialty shop licensees. Posted at one or more of the following locations:
&sqbul;     At each permanent display area of shelving and at coolers displaying alcohol beverages; and/or
&sqbul;     At the cash register(s) where alcohol is sold; and/or
&sqbul;     At the main entrance to the licensed premises.

Breweries and wineries. Posted in plain view at:
&sqbul;     The main entrance to areas where alcohol is sold for off-premises consumption, and
&sqbul;     At the main entrance to all tasting areas.

     (3) The premises' current and valid master license with appropriate endorsements must be conspicuously posted on the premises and available for inspection by liquor enforcement officers.

(4) Tobacco signage provided by the board must be posted (as outlined in WAC 314-10-020 and WAC 314-10-030 as now or hereafter amended).

(5) Firearms prohibited signs provided by the board must be posted in each tavern and lounge (per RCW 9.41.300).

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-065 What type of liquor is allowed on a licensed premises? (1) Licensees may only possess and allow persons to consume or possess the type of liquor permitted by the type of liquor license held on the premises; except:

(a) Under authority of a banquet permit (see chapter 314-18 WAC);

(b) Restaurant licensees may allow patrons to bring wine into the premises for consumption with a meal; and

(c) Beer and/or wine only licensees may keep spirituous liquor on the premises for use in the manufacture of food products, provided that all food products manufactured contain one percent or less of alcohol by weight, and customers are made aware that the food products contain liquor.

(2) For on-premises liquor licenses, the ((L)) licensee((s)) or employees may not permit the removal of liquor in an open container from the licensed premises, except:

(a) Liquor brought on a licensed premises under authority of a banquet permit may be resealed in its original container and removed at the end of the banquet permit function;

(b) Per RCW 66.24.320 and RCW 66.24.400, wine that is sold with a meal may be recorked or resealed and removed from the premises; ((~~and~~))

(c) Liquor purchased by registered guests for consumption inside a hotel or motel room may be resealed in its original container and removed from the hotel or motel premises by the guest((.)); and

(d) Liquor removed from a licensed premises that holds a caterer's endorsement, for the purpose of catering an approved event.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-070 During what hours can I sell or serve liquor? (1) Between the hours of 2 a.m. and 6 a.m., licensees or employees may not:

(a) Sell liquor,

(b) Offer liquor for sale,

(c) Deliver liquor (except that beer and/or wine distributors may deliver beer and/or wine to retail licensees between the hours of 2 a.m. and 6 a.m.),

(d) Permit the removal of liquor from the premises, or

(e) Allow liquor to be consumed on the premises.

(2) Persons working on the premises may possess liquor between the hours of 2 a.m. and 6 a.m. while in the performance of their official duties.

(3) A local government subdivision may fix later opening hours or earlier closing hours than those specified in this rule, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction. See WAC 314-12-215(3) for exceptions when a premises is in a board recognized alcohol impact area.

AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-095 What records am I required to keep regarding my licensed premises? Licensees are responsible to keep records that clearly reflect all financial transactions and the financial condition of the business.

(1) The following records must be made available for inspection if requested by an employee of the liquor control board, or by a person appointed in writing by the board for the purposes of administering or enforcing any provisions of Title 66 RCW or Title 314 WAC:

(a) Purchase invoices and supporting documents, to include the items and/or services purchased, from whom the items ((~~where~~)) were purchased, and the date of purchase;

(b) Bank statements and cancelled checks for any accounts relating to the licensed business;

((~~(c) Cancelled checks;~~))

((~~(d)~~)) (c) Accounting and tax records related to the licensed business and each true party of interest in the liquor license; and

((~~(e)~~)) (d) Records of all financial transactions related to the licensed business, including contracts and/or agreements for services performed or received that relate to the licensed business.

(2) See the following rules for record keeping requirements specific to breweries and wineries: WAC 314-20-015(2), WAC 314-20-050, WAC 314-24-100, and WAC 314-24-150 (as now or hereafter amended).

NEW SECTION
WAC 314-11-072 Does my premises have to be open to the general public at all times? Unless otherwise approved by the board, a retail licensed premises must be open to the general public whenever liquor is sold, served, or consumed.

[]

•	The agency is withdrawing its proposed changes to WAC 314-11-025, which outlines acceptable forms of ID to verify age for alcohol sales, in order to consider additional changes to this rule.
•	Added language to WAC 314-11-015, which outlines general responsibilities for liquor licensees, to cross reference to other rules that outline the penalties when a liquor licensee or a mandatory alcohol server training permit holder violates a liquor law or rule. Language was also added to this rule to state that, in addition to the licensee, employees also have the responsibility [to] follow liquor laws and rules.
•	Added language to WAC 314-11-095, which outlines record-keeping requirements, to clarify that the records listed must be available if requested by the Liquor Control Board.
•	Changed wording in WAC 314-11-072, which requires a licensed premises to be open to the general public whenever liquor is sold, served, or consumed, to clarify this rule applies to retail licensed premises.

&sqbul;	Titles 9 and 9A RCW, the criminal code laws;
&sqbul;	Title 69 RCW, which outlines the laws regarding controlled substances; and
&sqbul;	Titles 70.155, ((~~and~~)) 82.24 RCW, and RCW 26.28.080 which outline laws regarding tobacco.

	Duties 18, 19, and 20 year((s)) old employees may perform, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor	Duties 18, 19, and 20 years old employees may not perform
(a) In a grocery store or beer/wine specialty shop:	&sqbul; Sell, stock, and handle beer and wine((~~, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor~~)); and	Supervise employees who sell, stock, or handle beer and/or wine.
	&sqbul; Deliver beer and/or wine to a customer's car with the customer (for the purposes of this rule, there is no minimum age requirement for an employee of a grocery store or a beer/wine speciality shop to deliver beer and/or wine to a customer's car with the customer).
(b) In an establishment that sells liquor for on-premises consumption:	&sqbul; Take orders for, serve, and sell liquor in areas classified as open to persons under twenty-one years of age; and &sqbul; Enter areas designated as off-limits to persons under twenty-one years of age to perform duties such as picking up liquor for service in other parts of the establishment; cleaning up, setting up, and arranging tables; delivering messages; serving food; and seating patrons; provided the employee does not remain in the area any longer than is necessary to perform the duties.	Functions of a bartender, including: &sqbul; Mixing drinks; &sqbul; Drawing beer or wine from a tap; &sqbul; Pouring beer or wine anywhere except at the patrons table; and &sqbul; Providing an employee spirits, beer by the pitcher or glass, or wine by the carafe or glass for delivery to a customer.

Type of licensee	Sign must contain the following language:	Required location of sign
Tavern licensees and spirits, beer, and wine licensees who do not allow persons under twenty-one years of age.	"Persons under twenty-one years of age not permitted on these premises."	Conspicuous location at each entry to premises.
Restaurants that do not permit persons under twenty-one years of age on a portion of their premises.	"Persons under twenty-one years of age not permitted in this area."	Conspicuous location at each entry to a restricted area.

Type of premises	Required location of sign
Premises that serve alcohol for on-premises consumption (does not apply to self-service "mini-bars" in hotel guest rooms).	Posted in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area.
Airports, convention centers, sports facilities, and other licensed premises that have more than one authorized location for alcohol service and consumption.	Posted in a place that is clearly visible to the majority of patrons entering the liquor licensed portion of the premises.
Grocery store and beer/wine specialty shop licensees.	Posted at one or more of the following locations: &sqbul; At each permanent display area of shelving and at coolers displaying alcohol beverages; and/or &sqbul; At the cash register(s) where alcohol is sold; and/or &sqbul; At the main entrance to the licensed premises.
Breweries and wineries.	Posted in plain view at: &sqbul; The main entrance to areas where alcohol is sold for off-premises consumption, and &sqbul; At the main entrance to all tasting areas.

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