WSR 98-20-077

PROPOSED RULES

LIQUOR CONTROL BOARD

[Filed October 6, 1998, 10:47 a.m.]



Supplemental Notice to WSR 98-14-134.

Preproposal statement of inquiry was filed as WSR 97-14-033.

Title of Rule: WAC 314-16-260 Sports/entertainment facility license--Purpose, 314-16-265 Definitions, 314-16-270 Sports/entertainment facility licenses--Operating plans, and 314-16-275 How will the operating plans be enforced?

Purpose: These rules will clarify the conditions under which types and service of liquor may be provided in sports/entertainment facilities. Each facility and event may require different conditions based upon the type of event, traffic patterns in the facility and the age of patrons attending the event.

Statutory Authority for Adoption: RCW 66.08.030 and 66.24.570.

Statute Being Implemented: RCW 66.24.570.

Summary: WAC 314-16-260, states the purpose of the rules regarding sports/entertainment facility licensing; WAC 314-16-265, defines terms as used in the rules; WAC 314-16-270, outlines what must be included in the operating plan that sports/entertainment facilities must submit; and WAC 314-16-275, explains how the operating plans will be enforced.

Name of Agency Personnel Responsible for Drafting and Implementation: David Goyette, P.O. Box 43098, Olympia, WA 98504-3098, (360) 753-2724; and Enforcement: Gary Gilbert, P.O. Box 43075, Olympia, WA 98504-3075, (360) 753-2710.

Name of Proponent: Washington State Liquor Control Board, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The 1996 legislature passed RCW 66.24.570, which created a special liquor license designated as a class "R," and renamed "sports/entertainment facility" by SSB 5173 passed by the 1997 legislature. The intent of the legislation was to simplify the alcohol licensing process and to accommodate the size and unique nature of these facilities.

The purpose of the proposed rules is to clarify the conditions under which types and service of liquor may be provided in sports/entertainment facilities. Each facility and event may require different conditions based upon the type of event, traffic patterns in the facility, and the age of patrons attending the event.



The first proposed rule, WAC 314-16-260, states the purpose of the rules, which is to provide a framework for the enforcement of liquor laws and regulations, particularly those prohibiting the sale of alcohol to persons under twenty-one years of age or persons who are apparently intoxicated.

The second proposed rule, WAC 314-16-265, contains a list of defined terms as used in the rules.

The third proposed rule, WAC 314-16-270, outlines the elements that must be contained in each sports/entertainment facility's operating plan, which must be submitted and approved by the board before licensing.

The fourth proposed rule, WAC 314-16-275, explains how the board will enforce liquor laws and regulations in sports/entertainment facilities.



Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.

Hearing Location: DoubleTree Hotel Bellevue, Lakehills Room, 300 112th Avenue S.E., Bellevue, WA 98004, on November 18, 1998, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Teresa Berntsen by November 17, 1998, TDD (360) 586-4727, or (360) 586-1641.

Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, e-mail teb@liq.wa.gov, fax (360) 704-4920, by November 18, 1998.

Date of Intended Adoption: November 19, 1998.

October 6, 1998

Nathan S. Ford, Jr.

Chair

OTS-2570.2

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WAC 314-16-260  Sports/entertainment facility license--Purpose. (1) What is the purpose of the rules governing the use of alcohol in sports/entertainment facilities?

(a) In RCW 66.24.570, the legislature established a spirits, beer, and wine license for arenas, coliseums, stadiums, or other facilities where sporting, entertainment, and special events are presented.

(b) These rules provide a framework for the enforcement of liquor laws and regulations, particularly those prohibiting the sale of alcohol to persons under twenty-one years of age or persons who are apparently intoxicated.

(c) This framework recognizes the unique conditions associated with events attended by large crowds consisting of diverse age groups.

(2) Will the liquor control board recognize the differences between types of sports/entertainment facilities?

Yes. A sports/entertainment facility must submit an operating plan, which must be approved by the board prior to the issuance of a license. All plans will be required to meet the minimum standards outlined in WAC 314-16-270. The board will take into consideration the unique features of each facility when approving an operating plan.



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WAC 314-16-265  Definitions. (1) Premises - Buildings, parking lots, and any open areas that are owned, leased, or managed by the operator and under the operator's control.

(2) Operator - The owner, lessee, or manager of a facility in whose name the liquor license is issued.

(3) Event categories - Types of events that the operator expects to hold:

(a) Professional sporting event - A contest or demonstration involving paid athletes and sanctioned by a professional sports organization that regulates the sport. A fixed level of alcohol service will apply to all events in this category.

(b) Amateur sporting event - A contest or demonstration involving athletes who receive no monetary compensation that is sanctioned by a national or regional amateur athletic regulatory organization.

(c) Entertainment event - A concert, comedy act, tractor pull, monster truck rally, or similar event intended for the entertainment of the audience.

(d) Special event - A convention, trade show, or other public/private event to large to be held in a separate banquet or meeting room within the facility.

(e) Youth event - An event where the proportion of persons under age twenty-one expected to attend is such that it is reasonable to conclude operators will not be able to determine whether or not persons under age twenty-one will have access to alcohol.

(4) Hawking - The practice of selling alcohol in seating areas by roving servers who carry the beverages with them. Because of row seating arrangements, servers normally do not have direct access to customers. Therefore, service usually requires that drinks, money, and identification be passed down rows, involving other spectators.

(5) Club seats - A specifically designated seating area that is separate and distinct from general seating with food and beverage service provided by servers.



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NEW SECTION



WAC 314-16-270  Sports/entertainment facility licenses--Operating plans. (1) What rules govern the submission of operating plans?

(a) To receive a license, a sports/entertainment facility must submit an operating plan for board approval.

(b) Once approved, the plan remains in effect until the licensee requests a change or the board determines that a change is necessary due to demonstrated problems or conditions not previously considered or adequately addressed in the original plan.

(c) The plan must be submitted on a form provided by the board.

(d) The plan must contain all of the following elements:

(i) How the sports/entertainment facility will prevent the sale and service of alcohol to persons under twenty-one years of age and those who appear to be intoxicated.

(ii) The ratio of alcohol service staff and security staff to the size of the audiences at events where alcohol is being served.

(iii) Training provided to staff who serve, regulate, or supervise the service of alcohol.

(iv) A list of event categories (see WAC 314-16-265(3)) to be held in the facility at which alcohol service is planned.

(e) Prior to the first of each month, the operator must provide a schedule of events for the upcoming month to the facility's local liquor enforcement office. This schedule must show the date and time of each event during which alcohol service is planned. The operator must notify the local enforcement office of any events where alcohol service is planned that are not included in the monthly schedule as soon as the event is booked.

(2) May the liquor control board impose any other mandatory standards as a part of an operating plan?

Yes. To prevent persons who are under twenty-one years of age or who appear intoxicated from gaining access to alcohol, the board may impose the following standards as part of an operating plan:

(a) The board may prohibit or restrict the service of alcohol during youth events.

(b) The board may require that an operating plan include additional mandatory requirements if it is judged by the board that the plan does not effectively prevent violations of liquor laws and regulations, particularly those that prevent persons under twenty-one years of age or who are apparently intoxicated from obtaining alcohol.

(c) To permit alcohol servers to establish the age of patrons and to prevent over-service, sports/entertainment facilities must meet minimum lighting requirements established by WAC 314-16-030(3) in any area where alcohol is served or consumed. For the purpose of establishing a permanent technical standard, an operating plan may include a lighting standard measured in foot candles, so long as the candle power of the lighting is, at all times, sufficient to permit alcohol servers to establish the validity of documents printed in eight point type.

(3) Where will spirits, beer, and wine be allowed in a sports/entertainment facility?

Alcohol will be allowed as outlined in an approved operating plan as follows:

(a) The sale and service of beer, wine, and spirits may be permitted in approved restaurants, lounges, private suites, and club rooms;

(b) The sale and service of beer, wine, and spirits may be permitted in temporary lounges, beer gardens, or other approved service areas at trade shows or other events at which the public is allowed access to the arena floor or in open areas in the case of open air facilities. At private, invitation-only events, patrons may consume beer, wine, and spirits throughout the arena floor area;

(c) Beer may also be served and consumed throughout seating areas during events; and

(d) Wine may also be served and consumed in club seats during events.

(4) Will hawking be allowed?

(a) Hawking may be permitted in general seating areas for the sale and service of beer, at professional sporting events only.

(b) An operating plan must include procedures for hawkers to verify the age of purchasers and to prevent service to apparently intoxicated persons.

(c) During hawking, any patron may decline to handle alcoholic beverages either on behalf of themselves and for any person under their supervision. When a patron objects to handling alcohol, hawkers must accommodate the objection. The facility operating plan will address how hawking will be managed, including how hawkers will respond to patron objections to handling alcohol.



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WAC 314-16-275  How will the operating plans be enforced? (1) The board will inspect sports/entertainment facilities and issue violation notices for:

(a) Infractions of all liquor laws and rules, particularly with regard to persons who appear intoxicated or who are under twenty-one years of age; and

(b) Any significant deviation from the approved operating plan.

(2) Violations of liquor laws or rules that occur as a result of not following the approved operating plan will be considered aggravating circumstances, which permit the board to impose added penalties.



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