BP BHEAD INT S

AN ACT Relating to alcohol servers on-premises with class B and H licenses; adding new sections to chapter 66.20 RCW; adding a new chapter to Title 66 RCW; prescribing penalties; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that education of alcohol servers on issues such as the physiological effects of alcohol on consumers, liability and legal implications of serving alcohol, driving while intoxicated, and methods of intervention with the problem customer are important in protecting the health and safety of the public. The legislature further finds that it is in the best interest of the citizens of the state of Washington to have an alcohol server education program.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(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 66.24.330, 66.24.400, and 66.24.425.

NEW SECTION. Sec. 3. (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.

(2)(a) Every person employed, under contract or otherwise, by a retail liquor licensee holding a license as authorized by RCW 66.24.330, 66.24.400, or 66.24.425, 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) 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.

NEW SECTION. Sec. 4. (1) The board shall regulate a required alcohol server education program that includes:

(a) Development of the standards, curriculum, and materials for the education program;

(b) Examination and examination procedures;

(d) Development of time requirements for completion by licensees and others employed in the alcoholic beverage industry; and

(e) Nationally recognized programs, such as TAM (Techniques in Alcohol Management) or TIPS (Training for Intervention Programs).

(2) The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such programs.

(3) Each training entity shall provide a class 12 permit to the manager or bartender who has completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.

(4) The standards and curriculum of board-approved alcohol server education programs shall include but not be limited to the following subjects:

(a) The physiological effects of alcohol including the effects of alcohol in combination with drugs;

(b) Liability and legal information;

(d) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home.

(5) The board shall certify training entities based on the standards outlined in this section.

(6) After July 1, 1996, the board shall require all class 13 alcohol servers and applicants for class 13 alcohol server permits to view a video training session.

(7) The board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.

(8) Each training entity shall provide the board with a video program of not less than one hour that covers the subjects in subsection (4) of this section that will be made available to a licensee for the training of a class 13 alcohol server.

(9) Each class B and H license shall conduct video training programs provided by the board for individuals that qualify under section 3(1)(b) of this act to receive a class 13 permit.

(10) Applicants shall be given a class 13 permit upon the completion of the program in subsection (9) of this section.

(11) A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.

NEW SECTION. Sec. 5. The board shall adopt rules to implement this chapter including, but not limited to, procedures and grounds for denying, suspending, or revoking permits.

NEW SECTION. Sec. 6. A violation of any of the rules of the board adopted to implement this chapter is a misdemeanor, punishable by a fine of not more than two hundred fifty dollars for a first offense. A subsequent offense is punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or both the fine and imprisonment.

NEW SECTION. Sec. 7. Fees collected under this chapter shall be deposited in the liquor revolving fund in accordance with RCW 66.08.170.

NEW SECTION. Sec. 8. Sections 3 and 4 of this act are each added to chapter 66.20 RCW.

NEW SECTION. Sec. 9. Sections 1, 2, and 5 through 7 of this act shall constitute a new chapter in Title 66 RCW.

NEW SECTION. Sec. 10. Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.