AN ACT Relating to alcohol server education; and adding new sections to chapter 66.20 RCW.

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

NEW SECTION. Sec. 1. (1) There shall be a liquor service worker's permit authorizing employment in liquor service on retail licensed premises. The fee for this permit shall be established by the liquor control board by rule and shall be sufficient to cover all costs of processing permit applications and all other costs of administering this section.

(2)(a) Every person employed, under contract or otherwise, on a licensed premises who as part of his or her employment participates in any manner in the sale or service of alcoholic beverages shall comply with the procedures established in this section for obtaining a liquor service worker's permit from the liquor control board.

(b) Every permit shall be issued in the name of the applicant, and no other person may use the permit. The holder shall present the permit upon request for inspection by any representative of the liquor control board or any peace officer.

(3)(a) Within thirty days of initial employment, every person whose duties include the sale or service of liquor shall submit to the liquor control board, on a form provided by the board, an application for a liquor service worker's 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 permit has not been denied, revoked, or suspended may perform duties involving liquor sale and service on the licensed premises of the employer.

(b) After August 1, 1993, an existing permit may not be renewed and a new permit may not be issued until the existing permit holder or the new permit applicant, as the case may be, has provided to the board proof of completion of an approved alcohol server training program established under section 2 of this act.

(4) Every permit issued is valid for employment at any retail licensed premises for a period of five years unless earlier denied, suspended, or revoked. Any person whose permit has been denied, suspended, or revoked shall immediately return the permit to the board.

(5) 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 violated any law of the United States, the state of Washington, or any ordinance of any political subdivision thereof;

(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.

(6) The suspension or revocation of a permit under this section does not relieve a retail 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 a violation or the license of the licensee upon whose premises the violation occurred, or both the permit and license.

(7)(a) It is a violation of this title for any retail licensee or agent of a retail licensee to employ in the sale or service of alcoholic beverages, any person who does not have a valid liquor service worker's permit or whose permit has been revoked, suspended, or denied.

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

NEW SECTION. Sec. 2. (1) The liquor control board shall establish a mandatory alcohol server education program to include:

(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; and

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

(2) The liquor control board may provide the program through independent contractors, through private persons certified by the board, through certified employees of the board, or any combination of such methods.

(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;

(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 August 1, 1993, the liquor control board shall require all applicants for, and managers of, retail liquor licenses and applicants for liquor service permits and all renewing retail licensees 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 and examination on a voluntary basis prior to August 1, 1993, to satisfy the qualification or requalification requirements of this act.

(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.

NEW SECTION. Sec. 3. Sections 1 and 2 of this act are added to chapter 66.20 RCW.