WSR 24-21-049
PREPROPOSAL STATEMENT OF INQUIRY
LIQUOR AND CANNABIS
BOARD
[Filed October 9, 2024, 12:29 p.m.]
Subject of Possible Rule Making: The Washington state liquor and cannabis board (LCB) is considering amending the following sections of Title 314 WAC and amending any other sections of Title 314 WAC and repealing or creating new sections of Title 314 WAC as necessary to address two petitions for rule making accepted in April 2023 and accepted in part in July 2023 regarding acceptable forms of identification: WAC 314-01-005 Definitions, 314-11-025 What are the acceptable forms of identification?, 314-17-025 Does a permit holder have to carry his or her class 12 or 13 permit?, 314-17-110 May the board impose sanctions or penalties other than those described in 314-17-105?, and 314-55-150 What are the acceptable forms of identification?
While the two petitions were submitted only regarding alcohol, LCB is considering amending the section regarding acceptable forms of identification for cannabis licensees, WAC 314-55-150, alongside WAC 314-11-025.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 66.08.030 (alcohol), 66.20.330 (alcohol servers), 66.98.070 (alcohol), 69.50.342 (cannabis), 69.50.345 (cannabis).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In April 2023, LCB accepted a petition for rule making from a member of the public requesting to amend WAC 314-11-025 to add an additional form of identification issued by the United States government that satisfies the requirements of WAC 314-11-025 to the list of acceptable forms of identification in WAC 314-11-025(3). The petition exemplifies that WAC 314-11-025(3) does not contain an exhaustive list of forms of identification that are acceptable under WAC 314-11-025. In July 2023, LCB accepted, in part, a petition for rule making from a member of the public to replace references to an obsolete statute in WAC 314-01-005, 314-17-025, and 314-17-110 with WAC 314-11-025. Because both petitions address acceptable forms of identification regarding the sale, service, possession, and consumption of alcohol, it is logical and cost-effective to combine these two petitions into a single rule-making project.
In addition to the requested changes, it may be appropriate to examine the overall flow and structure of WAC 314-11-025, which has not been revised since 2019. Its companion in cannabis rules, WAC 314-55-150, has not been revised in content since it was first created in 2013. This rule-making project provides LCB an opportunity to examine the rules regarding acceptable forms of identification at large, and to make these rules more consistent with other state law.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Negotiated rule making; and collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Kildahl, Policy and Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, phone 360-480-7960, fax 360-704-5027, email rules@lcb.wa.gov, website lcb.wa.gov.
Additional comments: Interested persons can participate in the rule process through open public meetings and by submitting written comments, and are encouraged to sign up for the interested parties list (GovDelivery) at https://public.govdelivery.com/accounts/WALCB/subscriber/new. Rule-making notices and stakeholder engagement opportunities will be emailed via GovDelivery and posted to the LCB website at lcb.wa.gov.
October 9, 2024
David Postman
Chair