PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-02-0741 [04-02-074].
Title of Rule: WAC 314-17-020 How long are the permits good for, and how does a permit holder renew?, 314-17-030 Are employers responsible to ensure that their employees hold an alcohol server permit?, 314-17-050 How can a person receive certification as a Class 12 mixologist or Class 13 server permit provider?, 314-17-055 Temporary certification as a provider, 314-17-060 What are the course standards for Class 12 mixologist and Class 13 server permits?, 314-17-065 How does a provider receive certification for its trainers?, 314-17-070 What criminal history would prevent a person from receiving certification to be a trainer?, 314-17-080 What are the age requirements for trainees to receive Class 12 mixologist and Class 13 server permits?, 314-17-085 What records does the provider or trainer need to provide to the board or keep on file?, 314-17-095 Is the provider responsible for the acts of its trainers?, and 314-17-105 What are the penalties if a permit holder violates the liquor laws?
Purpose: Require standardized exam. Allow the Liquor Control Board (LCB) to consider if a trainer or provider has been suspended in Washington or another state in the last five years. Prohibit stand-alone videotape training for the Class 12 permit. Require prospective trainers to attend the LCB's ID/over service training. Technical changes for clarification and to correct references to other WACs.
Statutory Authority for Adoption: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.
Statute Being Implemented: RCW 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.
Summary: Require standardized exam. Allow the LCB to consider if a trainer or provider has been suspended in Washington or another state in the last five years. Prohibit stand-alone videotape training for the Class 12 permit. Require prospective trainers to attend the LCB's ID/over service training as a condition of certification. Technical changes for clarification and to correct references to other WACs.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648; Implementation and Enforcement: Lorraine Lee, Licensing and Regulation Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1600.
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:
| • | Require standardized exam. RCW 66.20.320 indicates that a MAST trainer's curriculum includes an exam. Having a standard exam would ensure that alcohol servers have adequate knowledge of important laws, rules, and techniques to prevent service of alcohol to minors and intoxicated persons. |
| • | Allow the LCB to consider if a trainer or provider has been suspended in Washington or another state in the last five years. This requirement will help ensure that MAST trainers and providers are presenting effective training that meets the requirements outlined in law and rule. |
| • | Prohibit stand-alone videotape training for the Class 12 permit. Due to the importance of this training, the participants of the course should have a trainer available to answer questions and concerns prior to a server taking the examination. |
| • | Require prospective trainers to attend the LCB's ID/over service training as a condition of certification. Currently no formal training is required for anyone to become a MAST trainer. This requirement will ensure those teaching the classes are familiar with relevant liquor laws and rules. |
| • | Technical changes for clarification and to correct references to other WACs. |
Proposal Changes the Following Existing Rules:
| • | WAC 314-17-020 How long are the permits good for, and how does a permit holder renew? Clarify that, in order to renew a MAST permit, the mixologist or server must attend an alcohol server education course prior to the expiration of the permit. |
| • | WAC 314-17-030 Are employers responsible to ensure that their employees hold an alcohol server permit? Clarify that the MAST permit is the property of the permit holder. Correct a cross-reference to another WAC. |
| • | WAC 314-17-050 How can a person receive certification as a Class 12 mixologist or Class 13 server permit provider? Reference implementation of the proposed standardized exam. Clarify the renewal process. Allow the LCB to consider if a trainer or provider has been suspended in Washington or another state in the last five years. |
| • | WAC 314-17-055 Temporary certification as a provider. Reference implementation of the proposed standardized exam. |
| • | WAC 314-17-060 What are the course standards for Class 12 mixologist and Class 13 server permits? Prohibit stand-alone videotape training for Class 12 permits. Reference implementation of the proposed standardized exam. Technical changes for clarity. |
| • | WAC 314-17-065 How does a provider receive certification for its trainers? Allow licensing to consider the prior history of a person applying to become a trainer or provider. Require prospective trainers to attend the LCB's ID/over service training. State that trainers must teach the provider's program as approved and may not change the method of presentation or course content without approval from the provider and the LCB. |
| • | WAC 314-17-070 What criminal history would prevent a person from receiving certification to be a trainer? Changes for clarification. |
| • | WAC 314-17-080 What are the age requirements for trainees to receive Class 12 mixologist and Class 13 server permits? Technical changes for clarification. Add language to address issuance of a Class 13 permit in error, consistent with existing language about issuance of Class 12 in error. |
| • | WAC 314-17-085 What records does the provider or trainer need to provide to the board or keep on file? Add requirement from RCW 66.20.320(3) for clarity, that a trainer or provider must provide the LCB a list of the individuals receiving the Class 12 or 13 permits within three calendar days of the completion of the class. Add requirement for trainer to submit permits to the LCB within thirty days (language was inadvertently deleted in last review in 2001). Add language to allow the use of electronic in lieu of hard copies of the permit forms. |
| • | WAC 314-17-095 Is the provider responsible for the acts of its trainers? Codify current policy that requires a provider that discovers a trainer has not complied with a provision of the alcohol server training requirements to contact the mandatory alcohol server training manager within five calendar days and provide an action plan. |
| • | WAC 314-17-105 What are the penalties if a permit holder violates the liquor laws? Update WAC references. Add language to clarify that it is a penalty to falsify a permit, per RCW 66.20.310(2). |
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposed rule changes do not impose more than minor costs on businesses in industry.
RCW 34.05.328 does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in RCW 34.05.328.
Hearing Location: Liquor Control Board Headquarters, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on June 2, 2004, at 10:00 a.m.; and at the Liquor Control Board Distribution Center, 4401 East Marginal Way South, Seattle, WA, on June 8, 2004, at 3:00 p.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by June 1, 2004, TDD (360) 586-4727 or (360) 664-1648.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, fax (360) 664-9689, by June 15, 2004.
Date of Intended Adoption: June 23, 2004.
April 6, 2004
Merritt D. Long
Chairman
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 04-09 issue of the Register.