AN ACT Relating to defining actions against persons providing alcoholic beverages to others as social hosts or as alcoholic beverage servers; amending RCW 4.22.070; adding a new section to chapter 5.64 RCW; and adding new sections to chapter 66.44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 66.44 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 4 and 6 of this act.

(1) "Visibly intoxicated" means a state of intoxication accompanied by a perceptible act or series of acts that present clear and convincing signs of intoxication.

(2) "Social host" means a person who is not the holder of a liquor license and who is not required to hold a liquor license under Title 66 RCW, who by expressed or implied invitation, invites another person onto an unlicensed premises for purposes of hospitality and legally provides alcoholic beverages to another person.

(3) "Social club host" means a not-for-profit group organized and operated solely for charitable, religious, social, political, educational, civic, fraternal, athletic, or benevolent purposes, that is not required to hold a liquor license defined with an annual fee under Title 66 RCW, and that would otherwise qualify as a "society or organization" or "nonprofit organization" under RCW 66.24.375. Purchase of a temporary license under RCW 66.24.380 or 66.24.510 shall not affect a group's status as a "social club host" if that group otherwise qualifies as a social club host under this section.

(4) "Social guest" is one who accepts hospitality from another person who is not the holder of a liquor license and is not required to hold a liquor license under Title 66 RCW.

(5) "Vehicle" means a device primarily propelled by a motor that is used to transport a person or property.

(6) "Licensed alcoholic beverage server" means a person who is licensed to sell, as the term "sale" is defined in RCW 66.44.010, or who has been issued a permit to sell or dispense alcoholic beverages by the board, and includes the licensed alcoholic beverage server's agents, employees, or any other person employed or used for the purpose of selling or dispensing alcoholic beverages. As used in sections 2 through 4 and 6 of this act, "licensed alcoholic beverage server" does not include social club hosts.

(7) "Business guest" means one who accepts or purchases one or more alcoholic beverages from a licensed alcoholic beverage server, on the latter's premises or premises being used by the licensed alcoholic beverage server for selling or dispensing alcoholic beverages.

NEW SECTION. Sec. 2. A new section is added to chapter 66.44 RCW to read as follows:

(1) Except as provided in this section, an action at law, either for bodily injury or for injury to real or personal property, resulting from the consumption of alcoholic beverages, shall not lie against any person who is not the holder of a liquor license and is not required to hold a liquor license under Title 66 RCW, unless the person is a social host or social club host who provided alcoholic beverages to a social guest who has attained the legal age for purchasing and consuming alcoholic beverages.

(2) A person who is not a social guest may recover damages for bodily injury or injury to real or personal property from a social host or social club host:

(a) If the social host or social club host wilfully and knowingly provides alcoholic beverages either:

(i) To a social guest who is visibly intoxicated in the social host's or social club host's presence; or

(ii) To a social guest who is visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another; and

(b) If the social host or social club host provides alcoholic beverages to a social guest under circumstances that create an unreasonable risk of foreseeable harm to others, and the social host or social club host fails to exercise reasonable care and diligence to avoid the foreseeable risk; and

(c) If the injury arises out of an accident caused by the negligent operation of a vehicle by a social guest who was provided alcoholic beverages by a social host or social club host.

(3) A social host or social club host shall not be liable in any civil action to respond in damages to a social guest or the guest's estate, heirs, or assigns for damages suffered as a result of the social host's or social club host's wilful and knowing provision of alcoholic beverages.

NEW SECTION. Sec. 3. A new section is added to chapter 66.44 RCW to read as follows:

(1) Except as provided in this section, an action at law, either for bodily injury or for injury to real or personal property, resulting from the consumption of alcoholic beverages, shall not lie against any licensed alcoholic beverage server who provided alcoholic beverages to a business guest who has attained the legal age for purchasing and consuming alcoholic beverages.

(2) A licensed alcoholic beverage server shall not be held liable to a person who has attained the legal age to purchase and consume alcoholic beverages or to the person's estate, heirs, or assigns for damages suffered as a result of the licensed beverage server's wilful and knowing service of alcoholic beverages to that person.

(3) A person who is not a business guest may recover damages for bodily injury or injury to real or personal property from a licensed alcoholic beverage server:

(a) If the licensed alcoholic beverage server wilfully and knowingly provides alcoholic beverages either:

(i) To a business guest who is visibly intoxicated in the licensed alcoholic beverage server's presence; or

(ii) To a business guest who is visibly intoxicated under circumstances manifesting reckless disregard of the consequences as affecting the life or property of another; and

(b) If the licensed alcoholic beverage server provides alcoholic beverages to a business guest under circumstances that create an unreasonable risk of foreseeable harm to others, and the licensed alcoholic beverage server fails to exercise reasonable care and diligence to avoid the foreseeable risk; and

(c) If the injury arises out of an accident caused by the negligent operation of a vehicle by a social guest who was provided alcoholic beverages by a licensed alcoholic beverage server.

(4) To determine the liability of a licensed alcoholic beverage server under subsection (3) of this section, if a test to determine the presence of alcohol in the blood indicates a blood alcohol concentration of:

(a) Less than 0.10 grams of alcohol per two hundred ten liters of breath as shown by analysis of his or her breath, blood, or other bodily substance, which analysis is done in accordance with RCW 46.61.506, there shall be an irrebuttable presumption that the business guest tested was not visibly intoxicated in the licensed alcoholic beverage server's presence and that the licensed alcoholic beverage server did not provide alcoholic beverages to the business guest under circumstances that manifested reckless disregard of the consequences as affecting the life or property of another; and

(b) At least 0.10 but less than 0.15 grams of alcohol per two hundred ten liters of breath as shown by analysis of his or her breath, blood, or other bodily substance, which analysis is done in accordance with RCW 46.61.506, there shall be a rebuttable presumption that the business guest tested was not visibly intoxicated in the licensed alcoholic beverage server's presence and that the licensed alcoholic beverage server did not provide alcoholic beverages to the business guest under circumstances that manifested reckless disregard of the consequences as affecting the life or property of another; and

(c) Greater than 0.15 grams of alcohol per two hundred ten liters of breath as shown by analysis of his or her breath, blood, or other bodily substance, which analysis is done in accordance with RCW 46.61.506, there shall be a rebuttable presumption that the business guest tested was visibly intoxicated in the licensed alcoholic beverage server's presence and that the licensed alcoholic beverage server did provide alcoholic beverages to the business guest under circumstances that manifested reckless disregard of the consequences as affecting the life or property of another.

NEW SECTION. Sec. 4. A new section is added to chapter 66.44 RCW to read as follows:

A social host or social club host shall be responsible for no more than that percentage share of the damages equal to the percentage of negligence attributable to him or her in accordance with RCW 4.22.070.

NEW SECTION. Sec. 5. A new section is added to chapter 5.64 RCW to read as follows:

In a civil action brought pursuant to sections 2 through 4 and 6 of this act, evidence of observations of a social guest after that guest left the premises of the social host shall be inadmissible. As used in this section, "social guest," "social host," and "social club host" shall have the definitions in section 1 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 66.44 RCW to read as follows:

(1) In all negligence actions in which the question of liability is in dispute, including actions in which any person seeks to recover damages from a social host, a social club host, or a licensed alcoholic beverage server for negligence resulting in injury to the person or to real or personal property, the trier of fact shall make the following findings of fact:

(a) The full value of the injured party's damages regardless of any negligence of the injured party; and

(b) The percentage of each party's negligence. The percentage of negligence of each party shall be based on one hundred percent and the total of all percentages of negligence of all the parties to a suit shall be one hundred percent. In an action in which a person seeks to recover damages from a social host, social club host, or licensed alcoholic beverage server for negligence resulting in injury to the person or to real or personal property, the negligence of the social host, social club host, or licensed alcoholic beverage server that results in him or her becoming visibly intoxicated shall be considered by the trier of fact, and the trier of fact shall allocate a percentage of negligence to the social guest.

(2) The judge shall base the judgment on the findings of fact made by the trier of fact.

Sec. 7. Section 401, chapter 305, Laws of 1986 and RCW 4.22.070 are each amended to read as follows:

(1) Except as provided in sections 4 and 6 of this 1987 act, in all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant's damages, including the claimant or person suffering personal injury or incurring property damage, defendants, third-party defendants, entities released by the claimant, entities immune from liability to the claimant and entities with any other individual defense against the claimant. Judgment shall be entered against each defendant except those who have been released by the claimant or are immune from liability to the claimant or have prevailed on any other individual defense against the claimant in an amount which represents that party's proportionate share of the claimant's total damages. The liability of each defendant shall be several only and shall not be joint except:

(a) A party shall be responsible for the fault of another person or for payment of the proportionate share of another party where both were acting in concert or when a person was acting as an agent or servant of the party.

(b) If the trier of fact determines that the claimant or party suffering bodily injury or incurring property damages was not at fault, the defendants against whom judgment is entered shall be jointly and severally liable for the sum of their proportionate shares of the claimants total damages.

(2) If a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060.

(3)(a) Nothing in this section affects any cause of action relating to hazardous wastes or substances or solid waste disposal sites.

(b) Nothing in this section shall affect a cause of action arising from the tortious interference with contracts or business relations.

(c) Nothing in this section shall affect any cause of action arising from the manufacture or marketing of a fungible product in a generic form which contains no clearly identifiable shape, color, or marking.