WSR 10-07-009

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed March 5, 2010, 8:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-03-002.

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

Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on April 28, 2010, at 10:00 a.m.

Date of Intended Adoption: May 5, 2010.

Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by April 28, 2010.

Assistance for Persons with Disabilities: Contact Karen McCall by April 28, 2010, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: A requirement that all driver's licenses and ID cards used to purchase, possess, or consume alcohol must be horizontal would ensure that all persons using these forms of ID would be twenty-one years of age or older. This requirement would enhance public safety by limiting minor access to alcohol. Any purchase of liquor would require a horizontal driver's license or ID card or the sale would instantly be refused.

Reasons Supporting Proposal: The proposed rules will enhance public safety by limiting minor access to alcohol.

Statutory Authority for Adoption: RCW 66.08.030, 66.16.040.

Statute Being Implemented: RCW 66.08.030, 66.16.040.

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

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

Name of Agency Personnel Responsible for Drafting: Karen McCall, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1631; Implementation: John Redal, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1712; and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not change the impact on liquor licensees or stakeholders.

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

March 5, 2010

Sharon Foster

Chairman

OTS-2944.1


AMENDATORY SECTION(Amending WSR 08-03-081, filed 1/16/08, effective 2/16/08)

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) 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;

For the purpose of purchasing liquor, a horizontal driver's license or identicard is required.

(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;

(c) Passport;

(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) 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 66.16.040. 08-03-081, 314-11-025, filed 1/16/08, effective 2/16/08. 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