Preproposal statement of inquiry was filed as WSR 11-14-050.
Title of Rule and Other Identifying Information: Amending WAC 314-11-015 What are my responsibilities as a liquor licensee?
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on October 12, 2011, at 10:00 a.m.
Date of Intended Adoption: October 26, 2011.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail email@example.com, fax (360) 664-9869, by October 12, 2011.
Assistance for Persons with Disabilities: Contact Karen McCall by October 12, 2011, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At the request of stakeholders, the board revised WAC 314-11-015 to allow entertainers to drink while performing at a liquor licensed premises. This change will make Washington state consistent with most other states and allow licensees to choose from a larger group of entertainers to perform at their venues.
Reasons Supporting Proposal: The existing rule was archaic and difficult for liquor licensees to enforce. Entertainers are allowed to drink while performing in other states and always assumed it was allowed in Washington as well.
Statutory Authority for Adoption: RCW 66.08.030.
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, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation and Enforcement: Pat Parmer, Chief of Enforcement, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal has a positive impact on businesses or individuals that have entertainers performing at their liquor licensed premises.
A cost-benefit analysis is not required under RCW 34.05.328.
August 24, 2011
AMENDATORY SECTION(Amending WSR 10-01-090, filed 12/16/09, effective 1/16/10)
WAC 314-11-015 What are my responsibilities as a liquor licensee? (1)(a) Liquor licensees are responsible for the operation of their licensed premises in compliance with the liquor laws and rules of the board (Title 66 RCW and TITLE 314 WAC). Any violations committed or permitted by employees will be treated by the board as violations committed or permitted by the licensee.
(b) The penalties for violations of liquor laws or rules are in: WAC 314-29-015 through 314-29-035, as now or hereafter amended, for licensees; and WAC 314-17-105 and 314-17-110, as now or hereafter amended, for employees who hold mandatory alcohol server training permits. These rules also outline aggravating and mitigating circumstances that may affect what penalty is applied if a licensee or employee violates a liquor law or rule.
(2) Licensees and their employees also have the responsibility to conduct the licensed 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, 82.24 RCW, and RCW 26.28.080 which outline laws regarding tobacco.|
(a) Be disorderly or apparently 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) Entertainers per WAC 314-02-010 may drink while performing under the following conditions:
(A) Alcohol service must be monitored by MAST servers;
(B) Drinks must be served in nondescript containers;
(C) Entertainers may not advertise any alcohol brands or products;
(D) Entertainers may not promote drink specials; and
(E) All entertainers performing as a group must be twenty-one years of age or older or no alcohol may be consumed by any entertainer while performing.
(ii) 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))) (iii) Licensed wine manufacturers and their
(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 such purpose;
(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.
[Statutory Authority: RCW 66.08.030 and 66.28.320. 10-01-090, § 314-11-015, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.291], 66.44.310. 04-15-162, § 314-11-015, filed 7/21/04, effective 8/21/04. 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, and 66.44.350. 02-11-054, § 314-11-015, filed 5/9/02, effective 6/9/02. 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, § 314-11-015, filed 2/26/01, effective 3/29/01.]