WSR 18-03-186 PROPOSED RULES
LIQUOR AND CANNABIS
BOARD
[Filed January 24, 2018, 10:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-21-110.
Title of Rule and Other Identifying Information: WAC 314-12-085 Self-dispensing wine machines and self-service beer taps, the rule clarifies the requirements for on-premises liquor licensees that use self-dispensing wine machines and self-service beer taps.
Hearing Location(s): On March 7, 2018, at 10:00 a.m., at 3000 Pacific Avenue S.E., Olympia, WA, 98504.
Date of Intended Adoption: March 21, 2018.
Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by March 7, 2018.
Assistance for Persons with Disabilities: Contact Karen McCall, phone 360-664-1631, fax 360-664-9689, email rules@lcb.wa.gov, by March 7, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This new rule provides the requirements for on-premises liquor licensees that use self-dispensing wine machines and self-service beer taps.
Reasons Supporting Proposal: On-premises liquor licensees need to know the requirements for using self-dispensing wine machines and self-service beer taps on their licensed premises.
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 and cannabis board, governmental.
Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1631; Implementation: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1726.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. There are no costs or reporting requirements to licensees.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3).
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. No costs or reporting requirements are required.
January 24, 2018
Jane Rushford
Chair
NEW SECTION
WAC 314-12-085 Self-dispensing wine machines and self-service beer taps.
(1) The requirements for an on-premises liquor licensee to use self-dispensing wine machines are as follows:
(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;
(b) Employees responsible for operating the self-dispensing machines must hold a class 12 or class 13 alcohol server permit;
(c) An employee must first check the customer's ID and check for signs of intoxication; and
(d) A service card to self-dispense must be purchased from an employee. The card may allow no more than a total of ten ounces dispensed in five ounce servings. No more than two cards may be purchased by any one customer at any time.
(2) The requirements for an on-premises liquor licensee to use self-service beer taps are as follows:
(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;
(b) Employees responsible for operating the self-service beer taps must hold a class 12 or class 13 alcohol server permit;
(c) An employee must first check the customer's ID and check for signs of intoxication prior to activating the system;
(d) The system must be programmed to automatically deactivate after the beer has been dispensed;
(e) The amount of beer purchased by any one customer at one time is twenty-four ounces dispensed in twelve ounce servings.
(f) Employees must have the ability to deactivate the system both at the table and remotely, which allows the employee to control the amount of beer dispensed at all times.
|