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Chapter 314-29 WAC

Last Update: 10/17/18

VIOLATIONS AND PENALTIES

WAC Sections

HTMLPDF314-29-003Purpose.
HTMLPDF314-29-005What are the procedures for notifying a licensee or a mandatory alcohol server training permit holder of an alleged violation of a board statute or regulation?
HTMLPDF314-29-006What is the process once the board summarily suspends a liquor license?
HTMLPDF314-29-007How may a licensee challenge the summary suspension of his or her liquor license?
HTMLPDF314-29-008Review of orders on stay.
HTMLPDF314-29-010What options does a licensee or permit holder have once he/she receives a notice of an administrative violation?
HTMLPDF314-29-015What are the penalties if a liquor license holder violates a liquor law or rule?
HTMLPDF314-29-020Group 1 violations against public safety.
HTMLPDF314-29-025Group 2 regulatory violations.
HTMLPDF314-29-030Group 3 license violations.
HTMLPDF314-29-035Group 4 nonretail violations.
HTMLPDF314-29-038Group 5 public safety violations for sports entertainment facility licenses.
HTMLPDF314-29-040Information about liquor license suspensions.


PDF314-29-003

Purpose.

The purpose of chapter 314-29 WAC is to outline what a liquor licensee or a mandatory alcohol server training permit holder can expect if a licensee or permit holder receives an administrative violation notice alleging a violation of a liquor and cannabis board statute or regulation.
[Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 18-21-115, § 314-29-003, filed 10/17/18, effective 11/17/18. Statutory Authority: RCW 66.08.030. WSR 08-17-056, § 314-29-003, filed 8/15/08, effective 9/15/08. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-003, filed 4/4/03, effective 5/5/03.]



PDF314-29-005

What are the procedures for notifying a licensee or a mandatory alcohol server training permit holder of an alleged violation of a board statute or regulation?

(1) When an enforcement officer believes that a licensee or a mandatory alcohol server training permit holder has violated a board statute or regulation, the officer may prepare an administrative violation notice (AVN) and mail or deliver the notice to the licensee, licensee's agent or permit holder.
(2) The AVN notice will include:
(a) A brief narrative description of the violation(s) the officer is charging;
(b) The date(s) of the violation(s);
(c) A copy of the law(s) and/or regulation(s) allegedly violated;
(d) An outline of the licensee's or permit holder's options as outlined in WAC 314-29-010; and
(e) The recommended penalty.
(i) If the recommended penalty is the standard penalty, see WAC 314-29-020 through 314-29-035 for licensees, and WAC 314-17-100 and 314-17-105 for mandatory alcohol server training permit holders.
(ii) For cases in which there are aggravating or mitigating circumstances, the penalty may be adjusted from the standard penalty. See WAC 314-29-015 for licensees, and WAC 314-17-110 for mandatory alcohol server training permit holders.
[Statutory Authority: RCW 66.08.030. WSR 08-17-056, § 314-29-005, filed 8/15/08, effective 9/15/08. Statutory Authority: RCW 66.08.030, 66.44.010. WSR 01-03-086, § 314-29-005, filed 1/17/01, effective 2/17/01.]



PDF314-29-006

What is the process once the board summarily suspends a liquor license?

(1) The board may summarily suspend any license or permit after the board's enforcement division has completed a preliminary staff investigation of the violation and upon a determination that immediate cessation of the licensed or permitted activities is necessary for the protection or preservation of the public health, safety or welfare.
(2) Suspension of any license or permit under this provision shall take effect immediately upon personal service on the licensee or employee thereof of the summary suspension order unless otherwise provided in the order.
(3) When a license or permit has been summarily suspended by the board, an adjudicative proceeding for revocation or other action must be promptly instituted before an administrative law judge assigned by the office of administrative hearings. If a request for an administrative hearing is timely filed by the licensee or permit holder, then a hearing shall be held within ninety days of the effective date of the summary suspension ordered by the board.
[Statutory Authority: RCW 66.08.030 and 66.08.150. WSR 08-17-038, § 314-29-006, filed 8/14/08, effective 9/14/08.]



PDF314-29-007

How may a licensee challenge the summary suspension of his or her liquor license?

(1) Upon summary suspension of a license or permit by the board pursuant to WAC 314-29-006, an affected licensee or permit holder may petition the board for a stay of suspension pursuant to RCW 34.05.467 and 34.05.550(1). A petition for a stay of suspension must be received by the board within fifteen days of service of the summary suspension order. The petition for stay shall state the basis on which the stay is sought.
(2) A hearing shall be held before an administrative law judge within fourteen days of receipt of a timely petition for stay. The hearing shall be limited to consideration of whether a stay should be granted, or whether the terms of the suspension may be modified to allow the conduct of limited activities under current licenses or permits.
(3) Any hearing conducted pursuant to subsection (2) of this section shall be a brief adjudicative proceeding under RCW 34.05.485. The agency record for the hearing shall consist of the documentary information upon which the summary suspension was based. The licensee or permit holder shall have the burden of demonstrating by clear and convincing evidence that:
(a) The licensee or permit holder is likely to prevail upon the merits at hearing;
(b) Without relief, the licensee or permit holder will suffer irreparable injury. For purposes of this section, elimination of income from licensed or permitted activities shall not be deemed irreparable injury;
(c) The grant of relief will not substantially harm other parties to the proceedings; and
(d) The threat to the public health, safety, or welfare is not sufficiently serious to justify continuation of the suspension, or that modification of the terms of the suspension will adequately protect the public interest.
(4) The initial order on stay shall be effective immediately upon service unless another date is specified in the order.
[Statutory Authority: RCW 66.08.030 and 66.08.150. WSR 08-17-038, § 314-29-007, filed 8/14/08, effective 9/14/08.]



PDF314-29-008

Review of orders on stay.

(1) The licensee, permit holder, or agency may petition the board for review of an initial order on stay. Any petition for review must be in writing and received by the board within ten days of service of the initial order. If neither party has requested review within ten days of service, the initial order shall be deemed the final order of the board for purposes of RCW 34.05.467.
(2) If the board receives a timely petition for review, the board shall consider the petition within fifteen days of service of the petition for review. Consideration on review shall be limited to the record of the hearing on stay.
(3) The order of the board on the petition for review shall be effective upon personal service unless another date is specified in the order and is final pursuant to RCW 34.05.467. Final disposition of the petition for stay shall not affect subsequent administrative proceedings for suspension or revocation of a license or permit.
[Statutory Authority: RCW 66.08.030 and 66.08.150. WSR 08-17-038, § 314-29-008, filed 8/14/08, effective 9/14/08.]



PDF314-29-010

What options does a licensee or permit holder have once he/she receives a notice of an administrative violation?

(1) A licensee or a mandatory alcohol server training permit holder has twenty days from receipt of the notice to:
(a) Accept the recommended penalty; or
(b) Request a settlement conference in writing; or
(c) Request an administrative hearing in writing.
A response must be submitted on a form provided by the agency.
(2) What happens if a licensee or mandatory alcohol server training permit holder does not respond to the administrative violation notice within twenty days?
(a) If a licensee or permit holder does not respond to the administrative violation notice within twenty days, the recommended suspension penalty will go into effect. After twenty days and up to thirty days from the date of the administrative violation notice, and if the violation includes a monetary penalty, the licensee may pay a twenty-five percent fee in addition to the recommended penalty in lieu of suspension.
(b) If the penalty does not include a suspension, the licensee must pay a twenty-five percent late fee in addition to the recommended penalty. The recommended penalty plus the late fee must be received within thirty days of the violation notice issue date.
(c) When a licensee fails to submit payment of monetary fine proceedings, provisions to collect shall take effect immediately or other actions such as revocation, will be instituted as deemed appropriate by the WSLCB.
(d) An attempt to advise the debtor of the existence of the debt, and twenty-five percent late fee per (b) of this subsection, will be made notifying that the debt may be assigned to a collection agency for collection if the debt is not paid, and at least thirty days have elapsed from the time notice was attempted.
(e) Licensees failing to respond to an administrative violation notice or having outstanding fines shall not be eligible to renew their liquor license.
(f) Failure to address monetary penalties for two or more administrative violations notices in a two-year period will result in license cancellation.
(3) What are the procedures when a licensee or mandatory alcohol server training permit holder requests a settlement conference?
(a) If the licensee or permit holder requests a settlement conference, the hearing examiner or captain will contact the licensee or permit holder to discuss the violation.
(b) Both the licensee or permit holder and the hearing examiner or captain will discuss the circumstances surrounding the charge, the recommended penalty, and any aggravating or mitigating factors.
(c) If a compromise is reached, the hearing examiner or captain will prepare a compromise settlement agreement. The hearing examiner or captain will forward the compromise settlement agreement, authorized by both parties, to the board for approval.
(i) If the board approves the compromise, a copy of the signed settlement agreement will be sent to the licensee or permit holder, and will become part of the licensing history.
(ii) If the board does not approve the compromise, the licensee or permit holder will be notified of the decision. The licensee or permit holder will be given the option to renegotiate with the hearings examiner or captain, of accepting the originally recommended penalty, or of requesting an administrative hearing on the charges.
(d) If the licensee or permit holder and the hearing examiner or captain cannot reach agreement on a settlement proposal, the licensee may accept the originally recommended penalty, or the hearing examiner or captain will forward a request for an administrative hearing to the board's hearings coordinator.
[Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 18-21-115, § 314-29-010, filed 10/17/18, effective 11/17/18; WSR 16-19-106, § 314-29-010, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 66.08.030. WSR 09-13-037, § 314-29-010, filed 6/10/09, effective 7/11/09; WSR 08-17-056, § 314-29-010, filed 8/15/08, effective 9/15/08. Statutory Authority: RCW 66.08.030, 66.44.010. WSR 01-03-086, § 314-29-010, filed 1/17/01, effective 2/17/01.]



PDF314-29-015

What are the penalties if a liquor license holder violates a liquor law or rule?

(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 and cannabis 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. For purposes of this section, ancillary activities are defined as activities an alcohol manufacturer participates in and include all activities, licenses, and privileges involving the public, such as serving samples, operating a tasting room, conducting retail sales, serving alcohol under a restaurant license, or serving alcohol with a special occasion license.
(2) Penalties for violations by liquor licensees or employees are broken down into five categories:
(a) Group OnePublic safety violations, WAC 314-29-020.
(b) Group TwoRegulatory violations, WAC 314-29-025.
(c) Group ThreeLicense violations, WAC 314-29-030.
(d) Group FourNonretail 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.
(e) Group FivePublic safety violations for sports entertainment facility licenses, WAC 314-29-038.
(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 and cannabis 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 and cannabis 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 and cannabis 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 and cannabis board. The list shall be accessible to all stakeholders and the general public via the internet.
(5) Ancillary activity violations:
(a) When a violation or violations are part of ancillary activities, all ancillary activities including those at the manufacturing facility or associated locations involving the public will be subject to the schedules of penalties outlined in WAC 314-29-020 through 314-29-038. When violations are part of ancillary activities, the manufacturing license will not be suspended, revoked, or canceled.
(b) When a violation or violations are not part of ancillary activities, the manufacturing license is subject to the schedules of penalties outlined in WAC 314-29-020 through 314-29-038 and will extend to all retail activities, associated facilities, privileges, endorsements, and permits.
[Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 18-21-115, § 314-29-015, filed 10/17/18, effective 11/17/18. Statutory Authority: RCW 66.08.030. WSR 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. WSR 03-09-015, § 314-29-015, filed 4/4/03, effective 5/5/03.]



PDF314-29-020

Group 1 violations against public safety.

(1) Group 1 violations are considered the most serious because they present a direct threat to public safety. Violations beyond the first violation do not have a monetary option upon issuance of a violation notice. The liquor and cannabis board may offer a monetary option in lieu of suspension days based on mitigating circumstances as outlined in WAC 314-29-015(4).
(2) Group 1 violations will be counted sequentially rather than independently by group. For example, if a licensee received a violation for over service on one day and a violation for sale to a minor a week later, the sale to a minor would be treated as a second offense since both violations are in the same violation group.
Violation Type
1st Violation
2nd Violation in a
two-year window
3rd Violation in a
two-year window
4th Violation in a two-year window
Violations involving minors:
Sale or service to minor: Sale or service of alcohol to a person under 21 years of age.
Minor frequenting a tavern, lounge, or other restricted area.
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Sale or service to apparently intoxicated person: Sale or service of alcohol to, or permitting consumption or possession by, an apparently intoxicated person.
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Conduct violations:
Disorderly conduct by licensee or employee, or permitting on premises.
Licensee and/or employee intoxicated on the licensed premises and/or drinking on duty.
Criminal conduct: Permitting or engaging in criminal conduct.
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Lewd conduct:
Engaging in or permitting conduct in violation of WAC 314-11-050.
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Refusal to allow an inspection and/or obstructing a law enforcement officer from performing their official duties.
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Condition of suspension violation: Failure to follow any suspension restriction while liquor license is suspended.
Original penalty plus 10 day suspension with no monetary option
Cancellation of license
 
 
[Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 18-21-115, § 314-29-020, filed 10/17/18, effective 11/17/18; WSR 16-19-106, § 314-29-020, filed 9/21/16, effective 10/22/16. Statutory Authority: RCW 66.08.030. WSR 09-21-050, § 314-29-020, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-020, filed 4/4/03, effective 5/5/03.]



PDF314-29-025

Group 2 regulatory violations.

Group 2 violations are violations involving general regulation and administration of retail or nonretail licenses.
Violation Type
1st Violation
2nd Violation in a
two-year window
3rd Violation in a
two-year window
4th Violation in a
two-year window
Club liquor to the public.
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Employee under legal age or without required mandatory alcohol server training permit.
Chapter 314-17 WAC
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Failure to follow 11:00 p.m. entertainment rules.
WAC 314-02-025(2)
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Hours of service: Sales, service, removal, or consumption of alcohol between 2:00 a.m. and 6:00 a.m.
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Keg registration:
Failure to properly register kegs.
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Spirituous liquor not sold by the individual drink.
WAC 314-02-015 (1)(a)
5 day suspension or $500 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Food service: Required food service not available.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Hours of operation:
Failure to meet required hours of operation.
WAC 314-02-015(2)
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
NSF check: Payment by a retail licensee for alcohol purchases.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Premises not open to the general public while liquor is sold, served, or consumed.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Sampling and/or cooking class violations.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Substituting, tampering, improper labeling, unlawful removal, possession, or unauthorized sale of liquor.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Advertising:
Advertising violations other than those involving prohibited practices between a nonretail and a retail licensee.
Chapter 314-52 WAC.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Hotel/motel honor bar violation.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Inventory: Inventory below required amount.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Lighting: Inadequate lighting.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Liquor purchased from unauthorized source or sale below cost in violation of liquor law or rule.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Private club violations: Club regulations other than club liquor to the public.
Chapter 314-40 WAC
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Records: Improper recordkeeping.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Retailer/nonretailer violation: Violation on the part of a retail licensee that involves a nonretail licensee, other than group four violations.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Signs: Failure to post required signs.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
Unauthorized alterations, change of trade name, or added activity.
5 day suspension or $100 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension
[Statutory Authority: RCW 66.08.030. WSR 09-21-050, § 314-29-025, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-025, filed 4/4/03, effective 5/5/03.]



PDF314-29-030

Group 3 license violations.

Group 3 violations are violations involving licensing requirements, license classification, and special restrictions.
Violation Type
1st Violation
2nd Violation in a
two-year window
3rd Violation in a
two-year window
4th Violation in a
two-year window
True party of interest violation.
RCW 66.24.010(1)
Cancellation of license
 
 
 
Failure to furnish required documents.
Cancellation of license
 
 
 
Misrepresentation of fact.
Cancellation of license
 
 
 
Misuse or unauthorized use of liquor license (operating outside of license class, lending or contracting license to another person/entity).
Chapter 66.24 RCW
5 day suspension or $1,500 monetary option
Cancellation of license
 
 
Operating plan:
Violations of a board-approved operating plan.
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Sale of alcohol in violation of a board-approved local authority restriction.
Chapter 66.24 RCW
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Sale of alcohol in violation of a board-approved alcohol impact area restriction.
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Catering endorsement violation.
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
[Statutory Authority: RCW 66.08.030. WSR 09-21-050, § 314-29-030, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-030, filed 4/4/03, effective 5/5/03.]



PDF314-29-035

Group 4 nonretail violations.

Group 4 violations are violations involving the manufacture, supply, and/or distribution of liquor by nonretail licensees and prohibited practices between a nonretail licensee and a retail licensee.
Violation type
1st Violation
2nd Violation in a
two-year window
3rd Violation in a
two-year window
4th Violation in a
two-year window
Providing credit to a retail licensee.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Quantity discount.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Giving away liquor in violation of liquor law or rule.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Consignment sales/return of product in violation of liquor law or rule.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Advertising violations involving prohibited practices between a nonretail and a retail licensee.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Price lists/labeling/
packaging violations.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Agents violations: Nonretail licensee employing an unlicensed agent.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Unauthorized product/unapproved storage or delivery.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Sampling/tasting violations.
Chapter 314-64 WAC
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Entertainment/
instruction/meeting/
trade show violations.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Providing/accepting money or money's worth: Goods or services worth up to $1,500.
3 day suspension or $500 monetary option
5 day suspension or $2,500 monetary option
10 day suspension or $5,000 monetary option
20 day suspension or $10,000 monetary option
Providing/accepting money or money's worth: Goods or services worth over $1,500.
Cost of item or service provided plus: 3 day suspension or $1,000 monetary option
Cost of item or service provided plus: 5 day suspension or $2,500 monetary option
Cost of item or service provided plus: 10 day suspension or $5,000 monetary option
Cost of item or service provided plus: 20 day suspension or $10,000 monetary option
Providing/accepting exclusive or contingency agreements.
3 day suspension or $1,000 monetary option
10 day suspension or $6,000 monetary option
20 day suspension or $12,000 monetary option
30 day suspension or $20,000 monetary option
Unauthorized interest or ownership in retail license.
3 day suspension or $1,000 monetary option
30 day suspension or $20,000 monetary option
Cancellation of license
 
Failure to obtain surety bond/savings account, if required by the board.
Immediate suspension of license until surety bond has been obtained and all missing reports are filed and late taxes are paid.
 
 
 
Failure to file tax/shipment report.
3 day suspension or $250 monetary option
5 day suspension or $500 monetary option
10 day suspension or $1,000 monetary option
20 day suspension or $2,000 monetary option
Certificate of approval (COA) and/or authorized representative violations.
15 day suspension or $100 monetary option
30 day suspension or $500 monetary option
180 day suspension or $1,000 monetary option
Cancellation of license
[Statutory Authority: RCW 66.08.030. WSR 09-21-050, § 314-29-035, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-035, filed 4/4/03, effective 5/5/03.]



PDF314-29-038

Group 5 public safety violations for sports entertainment facility licenses.

Sports entertainment facility licenses are unique and different from other on-premises licenses since they are not open on a daily basis, but rather for specific events. Public safety violations are considered the most serious because they present a direct threat to public safety. All other violations and penalties are the same for sports entertainment facility licensees as other liquor licenses.
(1) General public safety violation penalties.
Violation Type
1st Violation
2nd Violation in a
two-year window
3rd Violation in a
two-year window
4th and Subsequent violation in a two-year window
Violations involving minors:
Sale or service to minors outside of WAC 314-29-038(c): Sale or service of alcohol to a person under 21 years of age.
Minor frequenting a restricted area.
Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine
Penalty to be determined by the board, including possible cancellation of license
Sale or service to an apparently intoxicated person: Sale or service of alcohol to, or permitting consumption or possession by, an apparently intoxicated person.
Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine
Penalty to be determined by the board, including possible cancellation of license
Conduct violations:
Disorderly conduct by licensee or employee, or permitting on premises.
Licensee and/or employee intoxicated on the licensed premises and/or drinking on duty.
Criminal conduct: Permitting or engaging in criminal conduct.
Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine
Penalty to be determined by the board, including possible cancellation of license
Lewd conduct:
Engaging in or permitting conduct in violation of WAC 314-11-050.
Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine
Penalty to be determined by the board, including possible cancellation of license
Refusal to allow an inspection and/or obstructing a law enforcement officer from performing their official duties.
Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine
Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine
Penalty to be determined by the board, including possible cancellation of license
(2) If documented ticket sales for an event are unavailable, in order to assess penalties set forth in this section, the facility maximum occupancy will be used for the penalty assessment.
(3) WSLCB youth access compliance checks, in accordance with chapter 314-31 WAC.
License Class
Compliance Threshold
1st
Violation
2nd
Violation
3rd
Violation
4th
Violation
Sports and entertainment facility
Events: 1 to 20 points of sale (1st incident/sale to minor to be a violation/compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including possible cancellation of license
Sports and entertainment facility
Events: 21 to 45  points of sale (2nd incident/sale to minor to be a violation/compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including possible cancellation of license
Sports and entertainment facility
Events: 45 or more points of sale (3rd incident/sale to minor to be a violation/compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including possible cancellation of license
* "I" signifies the total cumulative incidents of sales to underage person during an alcohol compliance check.
A point of sale is defined as each different concession stand, or service area (such as a lounge), not each individual cash register.
[Statutory Authority: RCW 66.08.030 and chapter 66.44 RCW. WSR 16-19-106, § 314-29-038, filed 9/21/16, effective 10/22/16.]



PDF314-29-040

Information about liquor license suspensions.

(1) On the date a liquor license suspension goes into effect, a liquor and cannabis board enforcement officer will post a suspension notice in a conspicuous place on or about the licensed premises. This notice will state that the license has been suspended by order of the liquor and cannabis board due to a violation of a board law or rule.
(2) During the period of liquor license suspension, the licensee and employees:
(a) Are required to maintain compliance with all applicable liquor laws and rules;
(b) May not remove, alter, or cover the posted suspension notice, and may not permit another person to do so;
(c) May not place or permit the placement of any statement on the licensed premises indicating that the premises have been closed for any reason other than as stated in the suspension notice (see WAC 314-01-005 for the definition of "licensed premises").
(d) May not advertise by any means that the licensed premises is closed for any reason other than as stated in the liquor and cannabis board's suspension notice.
(3) During the period of liquor license suspension:
(a) A retail liquor licensee may operate his/her business provided there is no sale, delivery, service, consumption, removal, or receipt of liquor. No banquet permit or special occasion function may be held on the premises during a period of liquor license suspension.
(b) A nonretail licensee may operate his/her business provided there is no sale, delivery, service, consumption, removal, or receipt of liquor.
(c) A manufacturer of alcohol may do whatever is necessary as a part of the manufacturing process to keep current stock that is on hand at the time of the suspension from spoiling or becoming unsaleable during a suspension, provided it does not include bottling the product. The manufacturer may not receive any agricultural products used in the production of alcohol, crush fruit, or bottle alcohol during the period of suspension.
[Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 18-21-115, § 314-29-040, filed 10/17/18, effective 11/17/18. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 03-09-015, § 314-29-040, filed 4/4/03, effective 5/5/03.]