LIQUOR AND CANNABIS
[Filed August 22, 2018, 10:59 a.m.]
Supplemental Notice to WSR 18-10-111.
Preproposal statement of inquiry was filed as WSR 18-03-184.
Title of Rule and Other Identifying Information: WAC 314-11-015 What are my responsibilities as a liquor licensee? and 314-03-400 Curbside service.
Hearing Location(s): On October 3, 2018, at 10:00 a.m., at 3000 Pacific Avenue S.E., Olympia, WA 98504.
Date of Intended Adoption: On or after October 17, 2018.
Submit Written Comments to: Janette Benham, P.O. Box 43080, Olympia, WA 98504, email email@example.com, fax 360-664-9689, by October 3, 2018.
Assistance for Persons with Disabilities: Contact Claris Nnanabu, ADA coordinator, human resources, phone 360-664-1642, fax 360-664-9689, TTY 711 or 1-800-833-6388, email Claris.Nnanabu@lcb.wa.gov, by September 28, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revised rule will allow liquor licensed grocery stores to provide curbside service to customers ordering groceries online. The rule will ensure that retailers and customers have requirements in place for this service. Other changes to the existing rule are technical and provide clarification.
Reasons Supporting Proposal: The proposed rules allow curbside service for liquor licensed grocery stores that utilize online ordering and pickup. The rules outline requirements for curbside service of grocery orders that contain alcohol.
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: Janette Benham, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA, 360-664-1760; 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
. A cost-benefit analysis is not required because the subject of proposed rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis under RCW 34.05.328
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. There are no costs or reporting requirements for licensees. The proposed rules allow grocery stores to provide curbside service to customers. Providing curbside service to customers is at the licensee's discretion.
August 22, 2018
WAC 314-03-400Curbside service.
(1) Grocery stores that have the appropriate liquor licenses may provide curbside service to customers who order groceries online and pick them up in designated pickup areas outside of the grocery store. Curbside service in a designated pickup area must be administered pursuant to all applicable RCW and WAC provisions. Drive-through service from pickup or pass-through windows is prohibited.
(2) Curbside pickup of groceries that include spirits, beer, and wine are allowed under the following conditions:
(a) Orders must include at least twenty-five dollars of items coded as grocery items.
(b) Orders must be delivered by an employee of the licensee to a vehicle parked in a designated pickup area owned or controlled by the licensee as part of the licensed premises.
(c) Orders may only be delivered and the sale completed if the name of the purchaser registered on the online account matches the name on the driver's license or ID of the individual accepting delivery.
(d) Employees delivering orders to the customer's vehicle and completing the sale must be at least eighteen years of age and be trained on verifying ID, recognizing signs of intoxication, and preventing youth access.
(e) Aside from a clear parent/guardian and child relationship, all occupants of the vehicle must be at least twenty-one years of age and provide proof of ID to the employee delivering the order.
(f) If ID cannot be verified, or if the driver appears intoxicated, all alcohol will be removed from the order and the customer will not be charged for any removed products.
AMENDATORY SECTION(Amending WSR 14-02-002, filed 12/18/13, effective 1/18/14)
WAC 314-11-015What 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:
RCW, the criminal code laws;
RCW, which outlines the laws regarding controlled substances; and
RCW, and RCW 26.28.080
which outline laws regarding tobacco.
(3) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times. Except as otherwise provided by law, licensees or employees may not:
(a) Be disorderly or apparently intoxicated on the licensed premises;
(b) ((Permit))Allow 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 unlabeled containers;
(C) Entertainers may not advertise any alcohol brands or products;
(D) Entertainers may not promote drink specials; and
(E) If any member of the entertainment group is under twenty-one years of age, alcohol may not be consumed by any member of the group 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;
(iii) Licensed wine manufacturers and their employees may:
(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
)) to engage in, conduct on the licensed premises which is prohibited by any portion of Titles 9
, or 69
(f) Engage in ((or permit any employee or other person to engage in)) the consumption of any type of marijuana, usable marijuana, or marijuana-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee;
(g) ((Permit))Allow any person to consume any type of marijuana, usable marijuana, or marijuana-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee;
(h) Allow any person consuming, or who has consumed ((within))on any part of the licensed premises, any type of marijuana, usable marijuana, or marijuana-infused products to remain on any part of the licensed premises; or
(((h)))(i) Sell or serve liquor by means of (("drive-in" or by "curb service."))drive-in, drive-through pickup, or pass-through pickup window.
(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.