WSR 18-06-108 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed March 7, 2018, 10:57 a.m.] Supplemental Notice to WSR 18-03-186. Preproposal statement of inquiry was filed as WSR 17-21-110. Title of Rule and Other Identifying Information: WAC 314-12-085 Self-dispensing wine machines and self-service beer taps, the rule clarifies the requirements for on-premises liquor licensees that use self-dispensing wine machines and self-service beer taps. Hearing Location(s): On April 18, 2018, at 10:00 a.m., at 3000 Pacific Avenue S.E., Olympia, WA 98504. Date of Intended Adoption: May 2, 2018. Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by April 18, 2018. Assistance for Persons with Disabilities: Contact Karen McCall, phone 360-664-1631, fax 360-664-9689, email rules@lcb.wa.gov, by April 18, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule provides the requirements for on-premises liquor licensees that use self-dispensing wine machines and self-service beer taps. Statutory Authority for Adoption: RCW 66.08.030. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington state liquor and cannabis board, governmental. Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1631; Implementation: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1726. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. There are no costs or reporting requirements for licensees. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. No costs or reporting requirements are required. March 7, 2018 Jane Rushford Chair
NEW SECTION
WAC 314-12-085 Self-dispensing wine machines and self-service beer taps.
(1) The requirements for an on-premises liquor licensee to use self-dispensing wine machines are as follows:
(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;
(b) Employees responsible for operating the self-dispensing machines must hold a class 12 or class 13 alcohol server permit;
(c) An employee must first check the customer's ID and check for signs of intoxication; and
(d) A service card to self-dispense must be purchased from an employee. The card may allow no more than a total of ten ounces dispensed in five ounce servings. No more than two cards may be purchased by any one customer at any time.
(2) The requirements for an on-premises liquor licensee to use self-service beer taps are as follows:
(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;
(b) Employees responsible for operating the self-service beer taps must hold a class 12 or class 13 alcohol server permit;
(c) An employee must first check the customer's ID and check for signs of intoxication prior to activating the system;
(d) The system must be programmed to automatically deactivate after the beer has been dispensed;
(e) The amount of beer purchased by any one customer at one time is twenty-four ounces dispensed in twelve ounce servings;
(f) Employees must have the ability to deactivate the system remotely, which allows the employee to control the amount of beer dispensed at all times.
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