WSR 07-21-102

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed October 19, 2007, 11:35 a.m. ]

Supplemental Notice to WSR 07-14-136.

Preproposal statement of inquiry was filed as WSR 06-19-118.

Title of Rule and Other Identifying Information: What are the forms of acceptable identification?, WAC 314-11-025.

Hearing Location(s): Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on December 5, 2007, at 10:00 a.m.

Date of Intended Adoption: December 26, 2007.

Submit Written Comments to: Pam Madson, P.O. Box 43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov, fax (360) 704-4921, by December 14, 2007.

Assistance for Persons with Disabilities: Contact Pam Madson by December 14, 2007, TTY (800) 855-2880 or (360) 664-1648.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to modify WAC 314-11-025. This rule lists the types of official identification that a person must present if their age is questioned when purchasing alcohol. Changes in RCW 66.16.040 require changes in the agency rule to reflect the current list of official documents to prove age for purchasing alcohol. The proposed rule also requires that if an official document has an expiration date, the document may not be used after its expiration date. The rule will no longer require that an official document have an expiration date to be a valid official document, but if it does, its use must occur before the expiration date. The rule will no longer address the use of a temporary Washington driver's license.

Reasons Supporting Proposal: RCW 66.16.040 was amended to eliminate the liquor control authority identification cards and add tribal enrollment cards of federally recognized tribes located in Washington state. The rule is amended to reflect the changes in statute. Use of expired documents is subject to abuse by persons other than the owner of the document. Liquor licensees may not sell alcohol to persons under the age of twenty-one nor allow those under twenty-one into areas restricted to minors. If a person's age is questioned, it is a business decision of the licensee whether to accept proof in the form of a temporary driver's license without additional documentation. The rule will no longer reference use of a Washington temporary driver's license. The Washington temporary license now includes a photograph of the person but is not intended to be a permanent document.

Statutory Authority for Adoption: RCW 66.16.040.

Statute Being Implemented: RCW 66.16.040.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This proposal replaces an earlier proposal filed under WSR 07-14-136. This proposal modifies the existing rule rather than repealing it.

Name of Proponent: Washington state liquor control board, governmental.

Name of Agency Personnel Responsible for Drafting: Pam Madson, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1648; Implementation and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business economic impact statement was prepared. This proposal imposes only minor impact on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required.

October 19, 2007

Lorraine Lee

Chairman

OTS-9774.3


AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-025   What are the forms of acceptable identification?   (1) Per RCW 66.16.040, following are the forms of identification that are acceptable to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol:

(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))) (b) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an embedded, digital signature in lieu of a visible signature;

(((d))) (c) Passport; ((and

(e))) (d) Merchant Marine identification card issued by the United States Coast Guard; and

(e) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver's licenses.

(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).)) If the identification document has an expiration date, a person may not use the document after the expiration date to verify his or her age.

[Statutory Authority: 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. 01-06-014, 314-11-025, filed 2/26/01, effective 3/29/01.]

Washington State Code Reviser's Office