Effective Date of Rule: Thirty-one days after filing.
Purpose: Compliance checks have been performed by law enforcement agencies for many years. This has been a standard enforcement practice. The board adopted rules to conduct compliance checks based on language in RCW 66.44.290 involving minors purchasing alcohol. Creating rules around alcohol compliance checks alleviates the conflict in legal interpretation surrounding language in RCW 66.44.290.
Statutory Authority for Adoption: RCW 66.08.030.
Adopted under notice filed as WSR 12-14-040 on June 27, 2012.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 22, 2012.
(2) Investigative aides working at the direction of enforcement officers during a liquor compliance check are considered agents of the Washington state liquor control board.
(3) Violations involving a licensee, its employee, or a member of the public that result from a liquor compliance check are subject to criminal arrest and/or administrative action by the liquor control board.
(1) An investigative aide must:
(a) Be at least eighteen years of age and under twenty-one years of age;
(b) Transfer any physical evidence to the enforcement officer(s) at the conclusion of each compliance check during which alcohol is acquired; and
(c) Complete a written statement on a form provided by the enforcement officer(s) at the conclusion of each compliance check during which alcohol is acquired.
(2) During a compliance check, an investigative aide may not:
(a) Be directly related to the enforcement officer(s) conducting the compliance check; or
(b) Possess any funds other than the funds provided by the agency for the compliance check.
(3) An enforcement officer shall photograph the investigative aide prior to conducting a compliance check. At least one photograph shall be taken of the investigative aide's face and at least one photograph shall be taken of the investigative aide from head to toe.
(4) An investigative aide is not required to possess identification during a compliance check, provided that if identification is possessed during the compliance check, the identification must be the investigative aide's lawfully issued identification.