Date of Adoption: February 7, 2001.

Purpose: The Liquor Control Board is currently undergoing a review of all of its rules to make them clear and usable, per Governor Locke's Executive Order 97-02. Chapter 314-11 WAC outlines general requirements for liquor licensees.

Citation of Existing Rules Affected by this Order: Repealing WAC 314-10-020, 314-12-115, 314-12-120, 314-12-125, 314-12-130, 314-12-195, 314-16-025, 314-16-030, 314-16-050, 314-16-060, 314-16-070, 314-16-075, 314-16-090, 314-16-120, 314-16-122, 314-16-125, 314-16-145, 314-70-020, 314-70-040 and 314-70-050; and amending WAC 314-16-020, 314-16-040, and 314-16-160.

Statutory Authority for Adoption: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW.

Adopted under notice filed as WSR 00-23-109 on November 21, 2000.

Changes Other than Editing from Proposed to Adopted Version:

	Change to proposed WAC 314-11-015 (3)(c) to clarify licensee's responsiblities to control behavior on their licensed premises that presents a threat to public safety.
	Change to proposed WAC 314-11-015 (3)(d) to clarify the exception to licensees or employees consuming liquor while working on the licensed premises that would allow breweries and wineries, under the limited circumstances outlined in the rule, to sample product.
	Technical change for clarification to proposed WAC 314-11-050 regarding conduct on licensed premises.
	Change to proposed WAC 314-11-055 to clarify the lighting standards (change from the standards being able to read 8 point type to standard being the ability to check ID and observe patrons).
	Change to proposed WAC 317-11-095 to clarify that records must be available for inspection by the board, as opposed to requiring that some records be kept on the licensed premises and other be made available to the board.
	Change to proposed revisions to existing WAC 314-16-020, regarding labeling for beer taps. (The current rule says the brand name of the beer must be clearly labeled on both sides of the tap. The proposed change originally published deleted the requirement altogether, while the attached proposed language states the brand name of beer must be put somewhere on the tap.)

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 22, 2001

Eugene Prince

Chair

     The following sections of the Washington Administrative Code are repealed:

WAC 314-10-020	General -- Applicable to all tobacco license holders.
WAC 314-12-115	Expired card of identification is not valid for proof of age.
WAC 314-12-120	Licensed premises open for inspection -- Sampling of liquor.
WAC 314-12-125	Maintaining operation of licensed premises in accordance with law and rules of the board is responsibility of licensee -- Failure to do so is cause for revocation of license.
WAC 314-12-130	No liquor deliveries on Sunday -- Exceptions.
WAC 314-12-195	Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy.
WAC 314-16-025	"Minor prohibited" posting required in classified premises.
WAC 314-16-030	Sanitation, equipment and lighting
WAC 314-16-050	Hours of operation.
WAC 314-16-060	Curb service prohibited.
WAC 314-16-070	Minors -- Employment.
WAC 314-16-075	Musicians, disc jockeys, sound or lighting technicians, persons performing janitorial services, employees of amusement device companies, security officers, fire
WAC 314-16-090	Bottles and containers -- Reuse
WAC 314-16-120	Conduct on licensed premises.
WAC 314-16-122	Licensee-employees -- Prohibited conduct with patrons. fighters and law enforcement officers employment.
WAC 314-16-125	Suggestive, lewd and/or obscene conduct on licensed premises
WAC 314-16-145	Presentation of card of identification penalty for refusal -- Detention for reasonable period to determine age -- Person who cannot establish age may be removed from licensed premises
WAC 314-70-020	Disposition by a governmental agency of lawfully seized liquors, except those which are required to be delivered to the board under RCW 66.32.090.
WAC 314-70-040	Procedures for board purchase of liquor from governmental agencies.
WAC 314-70-050	Destruction of liquor by liquor enforcement officers.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-18-097, filed 9/2/98)

WAC 314-16-020   Dispensing apparatus and containers -- Furnishing of certain devices.   (1) ((No retail licensee shall draw any beer from any f)) Faucets, spigots, or other dispensing apparatus ((unless the)) must be labeled with the correct brand name of the beer being drawn. ((shall appear in legible lettering, visible from both the front and rear, upon such faucet, spigot or other dispensing apparatus.)) Brewers and beer distributors may furnish "tap marking devices" to retail dispensers ((as hereinabove provided)) at a nominal value or cost to the brewer or beer distributor. Brewers and beer distributors may also furnish can and bottle openers to retail licensees at a nominal value or cost to the brewer or beer distributor.

(2) Every bottle or other container from which wine is sold by a retail licensee for consumption on ((the)) a licensed premises ((shall)) must be ((truly)) labeled with the correct brand name, type and manufacturer's name of ((said)) the wine. Wineries and wine distributors may furnish ((said)) labels and "tap marking devices" or container marking devices and corkscrews to retail dispensers ((as hereinabove provided)) at a nominal value or cost to the winery or wine distributor.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, 314-16-020, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 93-10-070, 314-16-020, filed 5/3/93, effective 6/3/93; 87-22-018 (Order 233, Resolution No. 242), 314-16-020, filed 10/27/87; Rule 17, filed 6/13/63.]

(5))) No holder of a beer and/or wine restaurant license shall advertise for sale, nor sell, any mixed drink under the name of "Old Fashioned," "Whiskey Sour," "Singapore Sling," "Martini," "Manhattan," nor any other name which, by long and general usage, has become associated in the public mind as being the name of a mixed drink made from spirituous liquor, unless the name of such drink is prefaced by the word "wine," such as Wine Old Fashioned. The holder of a beer and/or wine restaurant license may advertise for sale, mix, compound or sell upon order, mixed drinks made from one or more wines under a name which does not conflict with this section.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-12-051, 314-16-040, filed 6/5/00, effective 7/6/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, 314-16-040, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 88-23-100 (Order 261, Resolution No. 270), 314-16-040, filed 11/22/88; 87-20-014 (Order 228, Resolution No. 237), 314-16-040, filed 9/29/87; 86-07-015 (Order 179, Resolution No. 188), 314-16-040, filed 3/11/86; 85-06-023 (Order 155, Resolution No. 164), 314-16-040, filed 2/27/85. Statutory Authority: RCW 66.08.030 and 66.98.070. 84-11-092 (Order 142, Resolution No. 151), 314-16-040, filed 5/23/84. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070. 80-02-094 (Order 69, Resolution No. 78), 314-16-040, filed 1/23/80; Rule 19, filed 6/13/63.]

(((2))) (1) ((No retail licensee shall buy or accept delivery of liquor except for cash paid at the time of the delivery thereof: Provided, That a retail licensee may pay cash prior to delivery of liquor purchased.)) Failure by licensees to keep accurate accounting records which result in the extension of or receipt of credit from a manufacturer, importer, or distributor through the use of a prior cash deposit which is overextended may result in administrative action being taken against the liquor license.

(((3))) (2) A retail licensee shall purchase beer from a beer distributor pursuant to RCW 66.28.070 and shall purchase wine from a state liquor store or agency or from a duly licensed distributor except as provided in chapter 314-70 WAC. All beer purchased must be at the posted price in accordance with WAC 314-20-100 and all wine purchased must conform to the posted price as filed under WAC 314-24-190. No retail licensee may return wine to a wine distributor except in accordance with the provisions of WAC 314-24-210, nor shall any retail licensee return beer to a beer distributor except in accordance with the provisions of WAC 314-20-070.

(((4))) (3) Prior to license delivery, a new beer and/or wine licensee or transferee may, with board authorization, be sold beer and/or wine for the purpose of stocking the premises. No retail sale of beer and/or wine shall take place until the applicant premises have been inspected by the board and the liquor license is delivered.

(((5) Each retail licensee shall keep books and records which will clearly reflect all financial transactions and the financial condition of the business.

(6) Any retail licensee may maintain microfilm records containing reproductions (including microfiche) of any record, document, or report if first approved by the board. Request for approval shall be directed to the Washington state liquor control board and must include the following information:

(a) Records proposed to be reproduced.

(b) Reproduction process.

(c) Manner of preserving the reproduction.

(d) Facilities provided for examining or viewing such reproduction.

If the request is approved, the licensee shall provide for the examining, viewing and reproduction of such records the same as if they were the original records.

(7) If a retail licensee keeps records within an automatic data processing (ADP) system, the system must include a method for producing from punchcards or from other machine-sensible data media legible records that will provide the same information required of that type of record within this section. The ADP system is acceptable if it complies with the following guidelines:

(a) Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.

(b) Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.

(c) Has available a full description of the ADP portion of the accounting system. This should show the applications being performed, the procedures employed in each application and the controls used to ensure accurate and reliable processing.

(8) All spirits, beer and wine licensees in addition to the requirements of subsection (1) of this section shall at all times:

(a) Maintain records of all purchases for the premises, including liquor, food and supplies. The purchases supported by supplier invoices or signed vouchers are to be segregated as to type and recorded.

(b) Maintain records of all sales in the premises from all sources including liquor, food and miscellaneous items and service. Individual sales are to be recorded on sales slips or cash register tape in such a manner to indicate the source of revenue and the records are to be filed for future audit purposes. Sales segregated as to source of revenue are to be recorded.

(c) Preserve for a period of two years the records described in subsections (6), (7), and (8)(a) and (b) of this section.

(d) Make such periodic reports to the board covering purchases, sales and inventory of liquor, food and supplies as may be prescribed or requested by the board.

(e) Keep available for inspection and copying by the board and/or its accredited representatives all books and records relative to purchases, sales and inventories of liquor, food and supplies.))

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, 314-16-160, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 88-23-101 (Order 270, Resolution No. 279), 314-16-160, filed 11/22/88; 87-04-017 (Order 210, Resolution No. 219), 314-16-160, filed 1/27/87. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-17-022 (Order 109, Resolution No. 118), 314-16-160, filed 8/9/82; Order 24, 314-16-160, filed 6/28/73; Order 5, 314-16-160, filed 8/7/69, effective 9/8/69; Rule 32, filed 6/13/63.]

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.Chapter 314-11 WAC

General Requirements for Licensees
NEW SECTION
WAC 314-11-005   What is the purpose of chapter 314-11 WAC?   Chapter 314-11 WAC outlines general requirements for liquor licensees, including:

(1) licensee areas of responsibility;

(2) restrictions against alcohol service to persons under twenty-one years of age and apparently intoxicated persons;

(3) persons under twenty-one years of age entering a restricted area;

(4) conduct on licensed premises;

(5) mandatory signs;

(6) hours of operation;

(7) keeping liquor on licensed premises; and

(8) record keeping requirements.

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(2) Licensees also have the responsibility to conduct their premises in compliance with the following laws, as they now exist or may later be amended:

	Titles 9 and 9A RCW, the criminal code laws;
	Title 69 RCW, which outlines the laws regarding controlled substances; and
	Titles 70.155 and 82.24 RCW, which outline laws regarding tobacco.

(3) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times. Except as otherwise provided by law, licensees or employees may not:

(a) be disorderly or intoxicated on the licensed premises;

(b) permit any disorderly person to remain on the licensed premises;

(c) engage in or allow behavior that provokes conduct which presents a threat to public safety;

(d) consume liquor of any kind while working on the licensed premises; except that:

(i) licensed beer manufacturers and their employees may sample beer of their own manufacture for manufacturing, evaluating or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated;

(ii) licensed wine manufacturers and their employees may:

(A) sample wine for manufacturing, evaluating, or pricing product, so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public; and

(B) sample wine of their own manufacture for quality control or consumer education purposes, so long as the licensee or employee does not become apparently intoxicated.

(e) engage in, or permit any employee or other person to engage in, conduct on the licensed premises which is prohibited by any portion of Titles 9, 9A, or 69 RCW; or

(f) sell or serve liquor by means of "drive-in" or by "curb service."

(4) Licensees have the responsibility to control the interaction between the licensee or employee and their patrons. At a minimum, licensees or employees may not:

(a) solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on the premises for the purpose of soliciting a patron;

(b) spend time or dance with, or permit any person to spend time or dance with, any patron for direct or indirect compensation by a patron.

(c) See WAC 314-11-050 for further guidelines on prohibited conduct.

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(2) Per RCW 66.44.310, licensees or employees may not allow persons under twenty-one years of age to remain in any premises or area of a premises classified as off-limits to persons under twenty-one. (See RCW 66.44.310 (1)(b) regarding nonprofit, private club licensees.)

(3) On the request of any law enforcement officer, a person must present a card of identification if the person is on a portion of a premises that is restricted to persons over twenty-one years of age, or if the person is purchasing liquor, attempting to purchase liquor, consuming liquor, or in the possession of liquor. If the person fails or refuses to present a card of identification it will be considered a violation of Title 66 RCW and:

(a) the person may not remain on the licensed premises after being asked to leave by a law enforcement officer; and

(b) the person may be detained by a law enforcement officer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.

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(a) liquor control authority card of identification of any state or province of Canada;

(b) driver's license, instruction permit, or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing per RCW 46.20.117;

(c) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents;

(d) passport; and

(e) Merchant Marine identification card issued by the United States Coast Guard.

(2) In order for the identification to be acceptable to verify a person's age, it must:

(a) show the person's photo, date of birth, signature, and expiration date; and

(b) not be expired (except that an expired Washington driver's license card together with a current temporary paper license or a current expiration extension sticker is acceptable).

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(2) The certification card must be completely filled out and filed alphabetically by the licensee or employee by the close of business on the day used. Certification cards are subject to examination by any law enforcement officer.

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(1) Per RCW 66.44.340 and RCW 66.44.350, persons between eighteen and twenty-one years of age may perform the following duties:

	Duties 18, 19, and 20 years old employees may perform	Duties 18, 19, and 20 years old employees may not perform
(a) In a grocery store or beer/wine specialty shop:	Sell, stock, and handle beer and wine, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor; and	Supervise employees who sell, stock, or handle beer and/or wine.
	Deliver beer and/or wine to a customer's car with the customer.
(b) In an establishment that sells liquor for on-premises consumption:	Take orders for, serve, and sell liquor in areas classified as open to persons under twenty-one years of age; and Enter areas designated as off-limits to persons under twenty-one years of age to perform duties such as picking up liquor for service in other parts of the establishment; cleaning up, setting up, and arranging tables; delivering messages; serving food; and seating patrons; provided the employee does not remain in the area any longer than is necessary to perform the duties.	Functions of a bartender, including: mixing drinks; drawing beer or wine from a tap; pouring beer or wine anywhere except at the patrons table; and providing an employee spirits, beer by the pitcher or glass, or wine by the carafe or glass for delivery to a customer.

(2) Per 66.44.316 and RCW 66.44.318, the following persons that are eighteen, nineteen, or twenty years of age may remain on licensed premises or portions of premises that are restricted from persons under twenty-one years of age, but only during the course of his or her employment:

(a) persons performing janitorial services during the hours when there is no sale, service, or consumption of liquor on the premises;

(b) employees of amusement device companies for the purpose of installing, maintaining, repairing, or removing any amusement device;

(c) security or law enforcement officers and fire fighters during the course of their official duties and if they are not the direct employees of the licensee; and

(d) professional musicians, per WAC 314-11-045.

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(1) The musicians must remain on the stage or bandstand during their performance, except:

(a) strolling musicians; and

(b) disk jockeys and sound and lighting technicians may remain in locations as required to actively support the professional musician or disk jockey.

(2) The musicians may not consume alcohol, and must have acceptable identification available for inspection at all times.

(3) The musicians are permitted on the licensed premises no more than one hour prior to the start of their performance and not more than one hour after their performance, in order to properly set up and secure their equipment.

(4) During breaks, minor musicians may not remain in an area that is off-limits to persons under twenty-one years of age.

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(1) Licensees may not allow, permit, or encourage employees (including him or herself) to:	(a) Be unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) Licensees may not allow, permit, or encourage any person (including him or herself) on the licensed premises to:	(a) Perform acts of or acts which simulate, or use artificial devices or inanimate objects which depict; sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; the touching, caressing, or fondling of the breast, buttocks, anus or genitals; or the displaying of the pubic hair, anus, vulva, or genitals.
	(b) Show any film, still picture, electronic reproduction, or other visual reproduction that depicts pornography, or a sexual act prohibited by law.
(3) Notwithstanding the provisions of subsection (4) of this rule, licensees may not encourage any person on the licensed premises to:	(a) Expose to public view any portion of his or her genitals or anus; (b) Touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person; or
	(c) Wear or use any device or covering that is exposed to view which simulates the breast, genitals, anus, pubic hair, or any portion thereof.
(4) Licensees must ensure any entertainers on the licensed premises perform under the following guidelines:	(a) Entertainers may only expose their breast and/or buttocks if the performer(s) is on a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron.
	(b) Performers must be at least six feet away from the nearest patron. This restriction will not be applied to performances of traditional ethnic dancing, provided that all of the following conditions are met:
	(i) the dancers are compensated by the licensee;
	(ii) at all times, the licensee must maintain and have available for inspection by any liquor enforcement officer a list of all traditional ethnic dancers employed at the licensed premises. The list must be retained for a period of thirty days after termination of employment and must contain the following information for each dancer or entertainer:
	true name and professional or stage name, if any; residence address and phone number; terms of the agreement of employment; and signature of both the licensee and the dancer or entertainer;
	(iii) the traditional or ethnic dance performances will be those performed for the enjoyment of the general audience of the licensee and not for individual patrons.

(5) The occurrence of any of the above acts or conduct, whether permitted by a licensee, employee, or any other person under the control or direction of the licensee or an employee, constitutes good and sufficient cause for cancellation of license privileges.

(6) Nothing in this rule is intended disallow local officials from adopting ordinances that are more restrictive than the requirements outlined in this rule.

(7) If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.

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Type of licensee	Sign must contain the following language:	Required location of sign
Tavern licensees and spirits, beer, and wine licensees who do not allow persons under twenty-one years of age.	"Persons under twenty-one years of age not permitted on these premises."	Conspicuous location at each entry to premises.
Restaurants that do not permit persons under twenty-one years of age on a portion of their premises.	"Persons under twenty-one years of age not permitted in this area."	Conspicuous location at each entry to a restricted area.

The board will provide the required notices, or licensees may design their own notices as long as they are legible and contain the required language.

(2) Signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy, must be posted as follows:

Type of premises	Required location of sign
Premises that serve alcohol for on-premises consumption (does not apply to self-service "mini-bars" in hotel guest rooms).	Posted in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area.
Airports, convention centers, sports facilities, and other licensed premises that have more than one authorized location for alcohol service and consumption.	Posted in a place that is clearly visible to the majority of patrons entering the liquor licensed portion of the premises.
Grocery store and beer/wine specialty shop licensees.	Posted at one or more of the following locations: at each permanent display area of shelving and at coolers displaying alcohol beverages; and/or at the cash register(s) where alcohol is sold; and/or at the main entrance to the licensed premises.
Breweries and wineries.	Posted in plain view at: the main entrance to areas where alcohol is sold for off-premises consumption, and at the main entrance to all tasting areas.

(3) The premises' master license with appropriate endorsements must be conspicuously posted on the premises.

(4) Tobacco signage provided by the board must be posted (as outlined in WAC 314-10-020 and WAC 314-10-030 as now or hereafter amended).

(5) Firearms prohibited signs provided by the board must be posted in each tavern and lounge (per RCW 9.41.300).

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(a) under authority of a banquet permit (see chapter 314-18 WAC);

(b) restaurant licensees may allow patrons to bring wine into the premises for consumption with a meal; and

(c) beer and/or wine only licensees may keep spirituous liquor on the premises for use in the manufacture of food products, provided that all food products manufactured contain one percent or less of alcohol by weight, and customers are made aware that the food products contain liquor.

(2) Licensees or employees may not permit the removal of liquor in an open container from the licensed premises, except:

(a) liquor brought on a licensed premises under authority of a banquet permit may be resealed in its original container and removed at the end of the banquet permit function;

(b) per RCW 66.24.320 and 66.24.400, wine that is sold with a meal may be recorked or resealed and removed from the premises; and

(c) liquor purchased by registered guests for consumption inside a hotel or motel room may be resealed in its original container and removed from the hotel or motel premises by the guest.

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(a) sell liquor,

(b) offer liquor for sale,

(c) deliver liquor,

(d) permit the removal of liquor from the premises, or

(e) allow liquor to be consumed on the premises.

(2) Persons working on the premises may possess liquor between the hours of 2 a.m. and 6 a.m. while in the performance of their official duties.

(3) A local government subdivision may fix later opening hours or earlier closing hours than those specified in this rule, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction. See WAC 314-12-215(3) for exceptions when a premises is in a board recognized alcohol impact area.

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(a) tamper, dilute, or fortify any bottle of spirituous liquor;

(b) sell or serve any spirituous liquor, beer, or wine other than ordered; or

(c) substitute a nonalcoholic beverage when an alcoholic beverage has been ordered (see WAC 314-11-035 regarding a licensee's responsibility to not serve liquor to an apparently intoxicated person).

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(2) An exception to this requirement is that licensees may give a customer a drink free of charge under limited circumstances, such as a customer's birthday or to compensate for unsatisfactory products or services. Free liquor may not be used in advertising or as part of a promotion.

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(1) The licensed premises and any premises connected physically or otherwise to the licensed business;

(2) Records as outlined in WAC 314-11-095; and

(3) Liquor on the licensed premises for the purpose of analyzing samples (the licensee will be given a receipt for any product removed from the premises for this purpose).

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(1) The following records must be available for inspection by an employee of the liquor control board, or by a person appointed in writing by the board for the purposes of administering or enforcing any provisions of Title 66 RCW or Title 314 WAC:

(a) purchase invoices and supporting documents, to include the items purchased, from whom the items where purchased, and the date of purchase;

(b) bank statements for any accounts relating to the licensed business;

(c) cancelled checks;

(d) accounting and tax records; and

(e) records of all financial transactions related to the licensed business.

(2) See the following rules for record keeping requirements specific to breweries and wineries: WAC 314-20-015(2), WAC 314-20-050, WAC 314-24-100, and WAC 314-24-150 (as now or hereafter amended).

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(a) The board must maintain a record of the type, brand, and amount of liquor seized for at least one year.

(b) The lawfully seized liquor may be destroyed only after:

(i) The board's charges of a violation of Title 66 RCW or board regulations have been sustained after an administrative proceeding pursuant to chapter 314-29 WAC as now or hereafter amended, in which the liquor to be destroyed has been the subject of, or evidence in, the administrative proceeding; or

(ii) The board's charges of a violation of Title 66 RCW or board regulations have been admitted or are not contested by the person from whom the liquor was seized and the liquor seized was the subject of the charged violation; or

(iii) The liquor was seized pursuant to lawful arrest and liquor was held as evidence in a criminal proceeding where a final disposition has been reached; or

(iv) When no administrative or judicial proceedings are held, all parties who claim a right, title, or interest in the seized liquor have been given notice and opportunity for a hearing to determine his or her right, title, or interest in the subject liquor. Claims of right, title, or interest in seized liquor must be made to the board, in writing, within thirty days of the date of seizure.

(2) If the liquor lawfully seized is in its original, sealed container, the board may either:

(a) return the product to a state liquor store for discounted resale; or

(b) upon written request from a law enforcement agency, provide the liquor to the law enforcement agency for bona fide training.

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(1) The government agency may sell unopened, salable spirituous liquor, beer, and wine that was purchased from the board to the board under the following conditions:

(a) the government agency must provide the board with a listing of the liquor and make the liquor available for examination and review;

(b) the board will issue a purchase order for the liquor;

(c) when the government agency is from within the state of Washington and the liquor was originally purchased from the board, the board will pay the licensee price listed in the official board price list then in effect, less a handling charge of 13.5 percent.

(d) When the government agency is a federal agency, or when the government agency is from within the state of Washington but the liquor was not originally purchased from the board, or the liquor is no longer handled by the board, the board will pay a negotiated amount not to exceed ninety percent of the original approximate cost price from the distillery or manufacturer including federal tax and duty; and

(e) After receipt of the board purchase order, the government agency that is selling the liquor will invoice the board per the prices listed on the purchase order.

(2) The government agency may sell opened containers of lawfully seized liquor back to the spirits, beer, and wine restaurant licensee from whom seized, under the following conditions:

(a) the licensee is going out of business and the liquor will be used for the personal use of the licensee;

(b) the liquor must be sold at a negotiated price after the licensee pays the board an amount to be determined by the board in lieu of the spirit, beer, and wine restaurant discount and tax exemption in effect at that time. If the licensee does not purchase the opened bottles of liquor within the period of redemption, the liquor must be destroyed.

(3) The government agency may sell unopened beer and/or wine to the distributor selling the beer and/or wine at a negotiated price, per the procedures outlined in WAC 314-20-070 and WAC 314-24-210, as now or hereafter amended. Copies of the inventory and bill of sale must be furnished to the board.

(4) The government agency may sell unopened salable wine and/or beer to appropriately licensed retailers at a negotiated price under the following conditions:

(a) the product must meet the quality standards set forth by its manufacturer, and

(b) copies of the inventory and bill of sale must be furnished the board.

(5) The government agency may ship the liquor out of the state of Washington.

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Washington State Code Reviser's Office