WSR 14-08-096
PROPOSED RULES
UNIVERSITY OF WASHINGTON
[Filed April 2, 2014, 10:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-04-079.
Title of Rule and Other Identifying Information: WAC 478-136-041 Alcoholic beverage policy and 478-137-050 Limitations on use.
Hearing Location(s): Room 142 Gerberding Hall, University of Washington, Seattle campus, on May 12, 2014, at 12:00 noon.
Date of Intended Adoption: June 12, 2014.
Submit Written Comments to: Rebecca Goodwin Deardorff, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195-1210, e-mail rules@uw.edu, by May 12, 2014.
Assistance for Persons with Disabilities: Contact disability services office by May 2, 2014, TTY (206) 543-6452 or (206) 543-6450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Because of recent changes in the state liquor control board's rules for the special occasion license, the University of Washington proposes making administrative changes to its alcoholic beverage policy for all University of Washington campuses and facilities in WAC 478-136-041. Specifically, the state's special occasion license now allows for auctions of unopened alcohol (such as a bottle of wine or spirits) to be removed from the premises as part of a fundraiser. The University of Washington also proposes to clarify rules pertaining to third-party vendors, restrictions at athletic venues, and the time frame for obtaining a license or permit from the state.
Reasons Supporting Proposal: Rules (in WAC 478-137-050) for shared facilities at the colocated University of Washington, Bothell and Cascadia Community College will also be amended by this rule making for the expanded use of the state's special occasion license when issued for University of Washington, Bothell events. Cascadia Community College likewise intends to amend their WAC rules (in Title 132Z WAC) for this use of the state's special occasion license in these shared facilities for their events, as soon as current rule-making activities permit.
Statutory Authority for Adoption: RCW 28B.20.130.
Statute Being Implemented: RCW 28B.20.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Lincoln Johnson, Associate Vice-President and UW Seattle UUF Chair, Room 305F HUB, UW Seattle, Washington, (206) 221-6323 and Stephanie Rempe, Senior Associate Athletic Director, 230 Graves Building, UW Seattle, Washington, (206) 685-2634; and Enforcement: Lincoln Johnson, Associate Vice-President and UW Seattle UUF Chair, Room 305F HUB, UW Seattle, Washington, (206) 221-6323, Kelly Snyder, Vice-Chancellor of Government and Community Relations and UW Bothell UUF Interim Chair, Room 260E, UW1 Building, UW Bothell, Washington, (425) 352-3623, and Alina Solano, Executive Associate to the Chancellor and UW Tacoma UUF Chair, Room 312C, GWP Building, UW Tacoma, Washington, (253) 692-5645.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impose a disproportionate impact on small businesses or affect a school district under Title 28A RCW.
A cost-benefit analysis is not required under RCW 34.05.328. The University of Washington does not consider this rule making to be a significant legislative rule.
April 2, 2014
Rebecca Goodwin Deardorff
Director of Rules Coordination
AMENDATORY SECTION (Amending WSR 13-15-062, filed 7/15/13, effective 8/15/13)
WAC 478-136-041 Alcoholic beverage policy.
Alcoholic beverages may be possessed, sold, served, and consumed at university facilities only if the procedures set forth in this section are followed.
(1) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor control board.
(2) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor control board must be followed.
(3) Alcoholic beverages may be possessed, sold, served, and consumed at the University of Washington club, as so designated by the university board of regents to the Washington state liquor control board, pursuant to a spirits, beer, and wine private club license issued by the Washington state liquor control board.
(4) Alcoholic beverages may be possessed, sold, served, and consumed at university facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor control board.
(5) Except as provided in subsections (3) and (4) of this section, alcoholic beverages may be possessed, sold, served, and consumed at university facilities only under permits/licenses issued by the Washington state liquor control board (including third-party vendors with a caterer's business license with liquor endorsement) and only as follows:
(a) Events at which alcohol is to be possessed, sold, served, or consumed must be approved by the appropriate committee chair for the committee on the use of university facilities and an application to the chair must be accompanied by a request for written authorization under subsection (6) of this section or proof that the seller holds an appropriate license; and
(b) Events at athletic venues at which alcohol is to be possessed, sold, served, or consumed must:
(i) ((Not)) Be within ((the spectator viewing)) designated areas and must have restricted attendance; or
(ii) Operate under a sport entertainment facility license issued by the Washington state liquor control board; and
(c) A university unit, or an individual or organization applying for a permit/license must have obtained approval under subsection (6) of this section; and
(d) Sale, service, and consumption of alcohol is to be confined to the specified room(((s))) or area(((s))) identified on the license or permit. ((Unopened containers may not be sold or served. No alcohol is permitted to be taken off-premises.))
(6) Written authorization to apply for a special occasion license ((to sell alcoholic beverages)) or a banquet permit ((to serve and consume alcoholic beverages at university facilities)) must be obtained from the appropriate committee chair for the committee on the use of university facilities prior to applying for a special occasion license or banquet permit from the Washington state liquor control board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor control board at least ((thirty)) forty-five days or more before the event.) Written authorization to apply for such a permit/license shall accompany the application filed with the Washington state liquor control board.
(7) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.
AMENDATORY SECTION (Amending WSR 06-13-022, filed 6/13/06, effective 8/1/06)
WAC 478-137-050 Limitations on use.
(1) Freedom of expression is a highly valued and indispensable quality of university and college life. However, joint facilities may not be used in ways that obstruct or disrupt the institutions' operations, the freedom of movement, or any other lawful activities. Additionally, use of joint facilities may be subject to reasonable time, place and manner restrictions.
(2) Joint facilities may be used for events and forums regarding ballot propositions and/or candidates who have filed for public office providing the event has received preliminary approval by an administrative or academic unit of one of the institutions and final approval by the appropriate facility designee. There are, however, certain limitations on the use of joint facilities for these political activities.
(a) First priority for the use of joint facilities shall be given to regularly scheduled university and college activities.
(b) Joint facilities may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office only when the full rental cost of the facility is paid. Use of state funds for payment of facility rental costs is prohibited.
(c) Forums or debates may be scheduled at full facility rental rates if all parties to a ballot proposition election or all candidates who have filed for office for a given position, regardless of party affiliation, are given equal access to the use of facilities within a reasonable time.
(d) No person shall solicit contributions on joint property for political uses, except in instances where this limitation conflicts with applicable federal law regarding interference with the mails.
(e) Public areas outside joint facility buildings may be used for political purposes such as events and forums regarding ballot propositions and/or candidates who have filed for public office, excluding solicitation of funds, provided the other normal business of the institutions is not disrupted and entrances to and exits from buildings are not blocked.
(f) Joint facilities or services may not be used to establish or maintain offices or headquarters for political candidates or partisan political causes.
(3) Joint facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are consistent with the institution's mission, as determined by the appropriate designee.
(4) Nothing in these rules is intended to alter or affect the regular advertising, promotional, or underwriting activities carried on, by, or in the regular media or publications of the institutions. Policies concerning advertising, promotional or underwriting activities included in these media or publications are under the jurisdiction of and must be approved by their respective management or, where applicable, advisory committees, in accordance with applicable state and federal laws.
(5) In accordance with WAC 478-137-010 the institutions will make their joint facilities available only for purposes related to their educational missions, including but not limited to instruction, research, public assembly, community programs, and student activities. When permission is granted to use joint facilities for approved instructional or related purposes, as a condition of approval, the user of joint facilities agrees to include in all materials nonendorsement statements in the form approved by the appropriate designee. "Materials" includes all communications, advertisement, and any other printed, electronic, or broadcast/telecast information related to the user's activities offered in joint facilities. The designee will determine the content, size of print and placement of the nonendorsement language. The institutions will not make their joint facilities available for instructional or related purposes that compete with courses or programs offered by the university or college.
(6) Solicitation, or distribution of handbills, pamphlets and similar materials by anyone, whether a member of the university and college community or of the general public, is not permitted in those areas of campus to which access by the public is restricted or where such solicitation or distribution would significantly impinge upon the primary business being conducted.
(7) Electronic amplification on the grounds of the campus shall not be permitted unless approved by the joint committee on facility use.
(8) No person may use joint facilities to camp. "Camp" means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, or a trailer camper, for the purpose of or in such ways as will permit remaining overnight. Violators are subject to arrest and criminal prosecution under applicable state, county and city laws. This provision does not prohibit use of joint facilities where a university or college employee remains overnight to fulfill the responsibilities of his or her position.
(9) The institutions are committed to maintaining a safe and healthful work and educational environment for all faculty, staff, students, and visitors. In accordance with the Washington Clean Indoor Air Act (chapter 70.160 RCW), the Use of University of Washington facilities (chapter 478-136 WAC) and Cascadia Community College facility use (chapter 132Z-140 WAC), the following smoking policy is intended to protect nonsmokers from exposure to smoke in their campus-associated environments and to protect life and property against fire hazards:
(a) Smoking is prohibited inside all university or college vehicles, inside buildings and parking structures owned or occupied by the university or college and/or used by university or college faculty, staff or students and at any outside areas or locations that may directly or indirectly affect the air supply of buildings or carry smoke into buildings.
(b) The institutions may designate specific outdoor locations as smoking areas. Signage will be placed to indicate the designated locations.
(c) Any student, staff, or faculty member who violates the smoking policy may be subject to disciplinary action. In addition, violations of the smoking policy may be subject to appropriate enforcement.
(10) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only if the procedures set forth in this section are followed.
(a) The appropriate permits/licenses for possession, sale, service, and consumption of alcohol must be obtained from the Washington state liquor control board.
(b) Permits/licenses must be displayed during the event and all other guidelines and restrictions established by the Washington state liquor control board must be followed.
(c) Alcoholic beverages may be possessed, sold, served, and consumed at joint facilities leased to a commercial tenant under a lease that includes authorization for the tenant to apply and hold a license issued by the Washington state liquor control board.
(d) Except as provided in (c) of this subsection, alcoholic beverages may be possessed, sold, served, and consumed at joint facilities only under permits/licenses issued by the Washington state liquor control board and only as follows:
(i) Events at which alcohol is to be sold must be approved by the joint committee on facility use and an application to the committee must be accompanied by a request for written authorization under (e) or (f) of this subsection or proof that the seller holds an appropriate license; and
(ii) A university or college unit or an individual or organization applying for a permit/license must have obtained approval under (e) or (f) of this subsection; and
(iii) Sale, service, and consumption of alcohol is to be confined to the specified room(((s))) or area(((s) specified)) identified on the license or permit. ((Unopened containers may not be sold or served. No alcohol is permitted to be taken off-premises.))
(e) Written authorization to apply for a special occasion license to sell alcoholic beverages at joint facilities must be obtained from the joint committee on facility use prior to applying for a special occasion license from the Washington state liquor control board. Authorization should be requested through the facilities use coordinator for the joint committee on facility use sufficiently in advance of the program to allow timely consideration. (Note: Some license applications must be filed with the Washington state liquor control board at least ((thirty)) forty-five days or more before the event.) Written authorization to apply for such license shall accompany the license application filed with the Washington state liquor control board.
(f) Written authorization to apply for a banquet permit to serve and consume alcoholic beverages at joint facilities must be obtained from the university chancellor or college president prior to applying for the permit from the Washington state liquor control board. Authorization should be requested sufficiently in advance of the program to allow timely consideration. Written authorization to apply for such permit shall accompany the permit application filed with the Washington state liquor control board.
(g) Consumption, possession, dispensation, or sale of alcohol is prohibited except for persons of legal age.