S-3819.1          _______________________________________________


                            SUBSTITUTE SENATE BILL 6338



State of Washington              52nd Legislature             1992 Regular Session


By Senate Committee on Commerce & Labor (originally sponsored by Senators Matson, McMullen and Snyder)


Read first time 02/07/92.

Establishing provisions for alcohol servers.

     AN ACT Relating to alcohol servers on-premise; adding new sections to chapter 66.20 RCW; adding a new chapter to Title 66 RCW; and prescribing penalties.




     NEW SECTION.  Sec. 1.      The legislature of the state of Washington finds that education of alcohol servers on issues such as the physiological effects of alcohol on consumers, liability and legal implications of serving alcohol, driving while intoxicated, and methods of intervention with the problem customer are important in protecting the health and safety of the public.  The legislature further finds that it is in the best interest of the citizens of the state of Washington to have an alcohol server education program available.


     NEW SECTION.  Sec. 2.      As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

     (1) "Alcohol" shall have the same meaning as "liquor" provided in RCW 66.04.010(15).

     (2) "Alcohol server" means any person serving or selling alcohol, spirits, wines, or beer for consumption at an on-premises retail licensed facility as a regular requirement of their employment, and shall include those persons eighteen years of age or older permitted by the liquor laws of this state to serve alcoholic beverages with meals.

     (3) "Board" means the Washington state liquor control board.

     (4) "Retail licensed premises" means any premises licensed to sell alcohol by the glass or by the drink, or in original containers primarily for consumption on the premises as authorized by RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.400, 66.24.425, 66.24.490, and 66.24.495.  Domestic wineries holding class C licenses shall not be classified as retail licensed premises for the purposes of this chapter.


     NEW SECTION.  Sec. 3.      (1) There shall be an alcohol server permit to be known as a class 12 permit, authorizing employment in liquor service on every retail licensed premises described in this section.

     (2)(a) Every person employed, under contract or otherwise, by a retail liquor licensee holding a license as authorized by RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.400, 66.24.425, 66.24.490, or 66.24.495, who as part of their employment participates in any manner in the sale or service of alcoholic beverages shall have issued to them a class 12 permit from the Washington state liquor control board.  Persons employed by a domestic winery holding a class C license shall be exempted from the requirements of this section.

     (b) Every class 12 permit issued shall be issued in the name of the applicant and no other person shall use the permit of another permit holder.  The holder shall present the permit upon request to inspection by any representative of the liquor control board or peace officer.  The class 12 permit shall be valid for employment at any retail licensed premises described in (a) of this subsection.

     (c) After July 1, 1993, no licensee described in (a) of this subsection, except as provided in (d) of this subsection shall employ or accept the services of any person without such person first having a valid class 12 permit issued by the liquor control board.

     (d) Within sixty days of initial employment, every person whose duties include the compounding, sale, service, or handling of liquor shall submit to the liquor control board, on a form provided by the board, an application for an alcohol server's class 12 permit.  One copy of the application shall be retained by the employing licensee as proof of compliance with this section until the application is approved and returned by the board.  Every person whose class 12 permit has not been denied, revoked, or suspended may perform duties involving liquor sales and service on the subject licensed premises of the employer.

     (e) After July 1, 1993, an existing class 12 permit may not be renewed and a new permit may not be issued until the existing permit holder or the new permit applicant has provided to the board proof of completion of an approved alcohol server training program established under section 4 of this act.

     (f) No person may perform duties that include the sale or service of alcoholic beverages on a retail licensed premises without possessing a valid alcohol server permit.

     (3) Every permit issued under this section is valid for employment at any retail licensed premises described in subsection (2)(a) of this section for a period of five years unless earlier denied, suspended, or revoked.  A person whose permit has been denied, suspended, or revoked shall immediately return the permit to the board.

     (4) The board may deny an application or suspend or revoke an existing permit if any of the following occur:

     (a) The applicant or permittee has made any false statement or material omission in the application or on any accompanying document;

     (b) The applicant or permittee has been convicted of violating any of the intoxicating liquor laws of this state, general and local, or has been convicted at any time of a felony;

     (c) The permittee has performed or permitted any act that constitutes a violation of this title or of any rule of the liquor control board.

     (5) The suspension or revocation of a permit under this section does not relieve a licensee from responsibility for any act of the employee or agent while employed upon the licensed premises.  The liquor control board may, as appropriate, revoke or suspend either the permit of the employee who committed the violation or the license of the licensee upon whose premises the violation occurred, or both the permit and the license.

     (6)(a) It is a violation of this title for any retail licensee or agent of a retail licensee as described in subsection (2)(a) of this section to employ in the sale or service of alcoholic beverages, any person who does not have a valid alcohol server permit or whose permit has been revoked, suspended, or denied.

     (b) It is a violation of this title for a person whose alcohol server permit has been denied, suspended, or revoked to accept employment in the sale or service of alcoholic beverages.


     NEW SECTION.  Sec. 4.      (1) The liquor control board shall regulate a required alcohol server education program that includes:

     (a) The development of the standards, curriculum, and materials for the education program;

     (b) The examination and examination procedures;

     (c) The certification procedures, enforcement policies, and penalties for education program instructors and providers;

     (d) The development of time requirements for completion by licensees and others employed in the alcoholic beverage industry; and

     (e) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) or TIPS (Training for Intervention Programs).

     (2) The liquor control board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such programs.

     (3) The standards and curriculum of liquor control board-approved alcohol server education programs shall include but not be limited to the following subjects:

     (a) The physiological effects of alcohol to include the effects of alcohol in combination with drugs;

     (b) Liability and legal information;

     (c) Driving while intoxicated;

     (d) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home.

     (4) After July 1, 1993, the liquor control board shall require all applicants for, and managers of, retail liquor licenses and applicants for alcohol server permits and all renewing retail licensees as described in section 3(2)(a) of this act and permittees to complete an approved alcohol server education program and examination in order to qualify or requalify for a license or permit unless a probationary extension is granted for hardship reasons.

     (5) The liquor control board may allow completion of an approved alcohol server education program, such as those described in subsection (1)(e) of this section and examination on a voluntary basis prior to July 1, 1993, to satisfy the qualification or requalification requirements of this section.

     (6) The liquor control board shall, by rule, establish fees for providing alcohol server training and for training and certifying private providers of alcohol server training.  The fees shall not exceed the actual cost of the services provided by the liquor control board.


     NEW SECTION.  Sec. 5.      The board shall adopt rules to implement the provisions of this chapter including, but not limited to, procedures and grounds for denying, suspending, or revoking permits.


     NEW SECTION.  Sec. 6.      A violation of any of the rules of the board for the purpose of implementing the provisions of this chapter shall constitute a misdemeanor, punishable by a fine of not more than two hundred fifty dollars for a first offense.  A subsequent offense is punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or both such fine and imprisonment.


     NEW SECTION.  Sec. 7.      All fees collected under this chapter shall be deposited to the liquor revolving fund in accordance with RCW 66.08.170.


     NEW SECTION.  Sec. 8.      Sections 3 and 4 of this act are each added to chapter 66.20 RCW.


     NEW SECTION.  Sec. 9.      Sections 1, 2, and 5 through 7 of this act shall constitute a new chapter in Title 66 RCW.