AN ACT Relating to
liquor licenses for sports entertainment facilities; amending RCW 66.20.300,
66.20.310, and 66.24.420; and adding a new section to chapter 66.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 66.24 RCW to read as follows:
(1) There is a license
for sports entertainment facilities to be designated as a class R license to
sell beer, wine, and spirits at retail, for consumption upon the premises only,
the license to be issued to the entity providing food and beverage service at a
sports entertainment facility as defined in this section. The cost of the
license is two thousand five hundred dollars per annum.
(2) For purposes of
this section, a sports entertainment facility includes a publicly or privately
owned arena, coliseum, stadium, or facility where sporting events are presented
for a price of admission. The facility does not have to be exclusively used
for sporting events.
(3) The board may
impose reasonable requirements upon a licensee under this section, such as
requirements for the availability of food and victuals including but not
limited to hamburgers, sandwiches, salads, or other snack food. The board may
also restrict the type of events at a sports entertainment facility at which
beer, wine, and spirits may be served. When imposing conditions for a
licensee, the board must consider the seating accommodations, eating
facilities, and circulation patterns in such a facility, and other amenities
available at a sports entertainment facility.
Sec. 2. RCW 66.20.300 and 1995 c
51 s 2 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
RCW 66.20.310 through 66.20.350.
(1) "Alcohol"
has the same meaning as "liquor" in RCW 66.04.010.
(2) "Alcohol
server" means any person serving or selling alcohol, spirits, wines, or
beer for consumption at an on-premises retail licensed facility as a regular
requirement of his or her employment, and includes those persons eighteen years
of age or older permitted by the liquor laws of this state to serve alcoholic
beverages with meals.
(3) "Board"
means the Washington state liquor control board.
(4) "Training
entity" means any liquor licensee associations, independent contractors,
private persons, and private or public schools, that have been certified by the
board.
(5) "Retail
licensed premises" means any premises licensed to sell alcohol by the
glass or by the drink, or in original containers primarily for consumption on
the premises as authorized by RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350,
66.24.400, 66.24.425, ((and)) 66.24.450, and section 1 of this act.
Sec. 3. RCW 66.20.310 and 1995 c
51 s 3 are each amended to read as follows:
(1)(a) There shall be
an alcohol server permit, known as a class 12 permit, for a manager or
bartender selling or mixing alcohol, spirits, wines, or beer for consumption at
an on-premises licensed facility.
(b) There shall be an
alcohol server permit, known as a class 13 permit, for a person who only serves
alcohol, spirits, wines, or beer for consumption at an on-premises licensed
facility.
(c) As provided by rule
by the board, a class 13 permit holder may be allowed to act as a bartender
without holding a class 12 permit.
(2)(a) Effective July
1, 1996, except as provided in (d) of this subsection, every person employed,
under contract or otherwise, by an annual retail liquor licensee holding a
license as authorized by RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350,
66.24.400, 66.24.425, ((or)) 66.24.450, or section 1 of this act,
who as part of his or her employment participates in any manner in the sale or
service of alcoholic beverages shall have issued to them a class 12 or class 13
permit.
(b) Every class 12 and
class 13 permit issued shall be issued in the name of the applicant and no
other person may use the permit of another permit holder. The holder shall
present the permit upon request to inspection by a representative of the board
or a peace officer. The class 12 or class 13 permit shall be valid for
employment at any retail licensed premises described in (a) of this subsection.
(c) No licensee
described in (a) of this subsection, except as provided in (d) of this
subsection, may employ or accept the services of any person without the person
first having a valid class 12 or class 13 permit.
(d) Within sixty days
of initial employment, every person whose duties include the compounding, sale,
service, or handling of liquor shall have a class 12 or class 13 permit.
(e) No person may
perform duties that include the sale or service of alcoholic beverages on a
retail licensed premises without possessing a valid alcohol server permit.
(3) A permit issued by
a training entity under this section is valid for employment at any retail
licensed premises described in subsection (2)(a) of this section for a period
of five years unless suspended by the board.
(4) The board may
suspend or revoke an existing permit if any of the following occur:
(a) The applicant or
permittee has been convicted of violating any of the state or local
intoxicating liquor laws of this state or has been convicted at any time of a
felony; or
(b) The permittee has
performed or permitted any act that constitutes a violation of this title or of
any rule of the board.
(5) The suspension or
revocation of a permit under this section does not relieve a licensee from
responsibility for any act of the employee or agent while employed upon the
retail licensed premises. The board may, as appropriate, revoke or suspend
either the permit of the employee who committed the violation or the license of
the licensee upon whose premises the violation occurred, or both the permit and
the license.
(6)(a) After July 1,
1996, it is a violation of this title for any retail licensee or agent of a
retail licensee as described in subsection (2)(a) of this section to employ in
the sale or service of alcoholic beverages, any person who does not have a
valid alcohol server permit or whose permit has been revoked, suspended, or
denied.
(b) It is a violation
of this title for a person whose alcohol server permit has been denied,
suspended, or revoked to accept employment in the sale or service of alcoholic
beverages.
(7) Establishments
licensed under RCW 66.24.320 and 66.24.340, the primary commercial activity of
which is the sale of grocery products and for which the sale and service of
beer and wine is incidental to the primary business, and employees of such
establishments, are exempt from RCW 66.20.300 through 66.20.350.
Sec. 4. RCW 66.24.420 and 1995 c
55 s 1 are each amended to read as follows:
(1) The class H license
shall be issued in accordance with the following schedule of annual fees:
(a) The annual fee for
said license, if issued to a club, whether inside or outside of incorporated
cities and towns, shall be seven hundred dollars.
(b) The annual fee for
said license, if issued to any other class H licensee in incorporated cities
and towns, shall be graduated according to the population thereof as follows:
Incorporated
Cities and
towns Fees
Less than
20,000 $1,200
20,000 or
over $2,000
(c) The annual fee for
said license when issued to any other class H licensee outside of incorporated
cities and towns shall be: Two thousand dollars; this fee shall be prorated
according to the calendar quarters, or portion thereof, during which the licensee
is open for business, except in case of suspension or revocation of the
license.
(d) Where the license
shall be issued to any corporation, association or person operating a bona fide
restaurant in an airport terminal facility providing service to transient
passengers with more than one place where liquor is to be dispensed and sold,
such license shall be issued upon the payment of the annual fee, which shall be
a master license and shall permit such sale within and from one such place.
Such license may be extended to additional places on the premises at the
discretion of the board and a duplicate license may be issued for each such
additional place: PROVIDED, That the holder of a master license for a
restaurant in an airport terminal facility shall be required to maintain in a
substantial manner at least one place on the premises for preparing, cooking,
and serving of complete meals, and such food service shall be available on
request in other licensed places on the premises: PROVIDED, FURTHER, That an
additional license fee of twenty-five percent of the annual master license fee
shall be required for such duplicate licenses.
(e) Where the license
shall be issued to any corporation, association, or person operating dining
places at a publicly or privately owned civic or convention
center((s)) with facilities for sports, entertainment, ((and)) or
conventions, or a combination thereof, with more than one place where
liquor is to be dispensed and sold, such license shall be issued upon the
payment of the annual fee, which shall be a master license and shall permit
such sale within and from one such place. Such license may be extended to
additional places on the premises at the discretion of the board and a
duplicate license may be issued for each such additional place: PROVIDED, That
the holder of a master license for a dining place at such a publicly or
privately owned civic or convention center shall be required to
maintain in a substantial manner at least one place on the premises for
preparing, cooking, and serving of complete meals, and food service
shall be available on request in other licensed places on the premises:
PROVIDED FURTHER, That an additional license fee of ten dollars shall be
required for such duplicate licenses.
(f) Where the license
shall be issued to any corporation, association or person operating more than
one building containing dining places at privately owned facilities which are
open to the public and where there is a continuity of ownership of all adjacent
property, such license shall be issued upon the payment of an annual fee which
shall be a master license and shall permit such sale within and from one such
place. Such license may be extended to the additional dining places on the
property or, in the case of a class H licensed hotel, property owned or
controlled by leasehold interest by that hotel for use as a conference or
convention center or banquet facility open to the general public for special
events in the same metropolitan area, at the discretion of the board and a
duplicate license may be issued for each additional place: PROVIDED, That the
holder of the master license for the dining place shall not offer alcoholic
beverages for sale, service, and consumption at the additional place unless
food service is available at both the location of the master license and the
duplicate license: PROVIDED FURTHER, That an additional license fee of twenty
dollars shall be required for such duplicate licenses.
(2) The board, so far
as in its judgment is reasonably possible, shall confine class H licenses to
the business districts of cities and towns and other communities, and not grant
such licenses in residential districts, nor within the immediate vicinity of
schools, without being limited in the administration of this subsection to any
specific distance requirements.
(3) The board shall
have discretion to issue class H licenses outside of cities and towns in the
state of Washington. The purpose of this subsection is to enable the board, in
its discretion, to license in areas outside of cities and towns and other
communities, establishments which are operated and maintained primarily for the
benefit of tourists, vacationers and travelers, and also golf and country
clubs, and common carriers operating dining, club and buffet cars, or boats.
(4) The total number of
class H licenses issued in the state of Washington by the board, not including
those class H licenses issued to clubs, shall not in the aggregate at any time
exceed one license for each fifteen hundred of population in the state,
determined according to the yearly population determination developed by the
office of financial management pursuant to RCW 43.62.030.
(5)
Notwithstanding the provisions of subsection (4) of this section, the board
shall refuse a class H license to any applicant if in the opinion of the board
the class H licenses already granted for the particular locality are adequate
for the reasonable needs of the community.
