AN ACT Relating to
alcohol servers training for on-premises liquor licensees; adding new sections
to chapter 66.20 RCW; and prescribing penalties.
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
sections 3 through 7 of this act.
(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.
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.
(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, 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 sections 2 through 7 of this act.
NEW SECTION. Sec.
4. (1) The board shall regulate
a required alcohol server education program that includes:
(a) Development of the
curriculum and materials for the education program;
(b) Examination and
examination procedures;
(c) Certification
procedures, enforcement policies, and penalties for education program
instructors and providers;
(d) The curriculum for
an approved class 12 alcohol permit training program that includes but is not
limited to the following subjects:
(i) The physiological
effects of alcohol including the effects of alcohol in combination with drugs;
(ii) Liability and
legal information;
(iii) Driving while
intoxicated;
(iv) 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;
(v) Methods for
checking proper identification of customers;
(vi) Nationally
recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS
(Training for Intervention Programs) modified to include Washington laws and
regulations.
(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 providers.
(3) Each training
entity shall provide a class 12 permit to the manager or bartender who has
successfully 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) After July 1, 1996,
the board shall require all alcohol servers applying for a class 13 alcohol
server permit to view a video training session. Retail liquor licensees shall
fully compensate employees for the time spent participating in this training
session.
(5) When requested by a
retail liquor licensee, 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.
(6) Each training
entity may provide the board with a video program of not less than one hour
that covers the subjects in subsection (1)(d) (i) through (v) of this section
that will be made available to a licensee for the training of a class 13
alcohol server.
(7) Applicants shall be
given a class 13 permit upon the successful completion of the program.
(8) A list of the
individuals receiving the class 13 permit shall be forwarded to the board on
the completion of each video training program.
(9) The board shall
develop a model permit for the class 12 and 13 permits. The board may provide
such permits to training entities or licensees for a nominal cost to cover
production.
(10) Persons who have
completed a nationally recognized alcohol management or intervention program
since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof
of completion of such training to the board.
NEW SECTION. Sec.
5. The board shall adopt
rules to implement sections 2 through 7 of this act 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 sections 2 through 7 of this act 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 by the
board under sections 2 through 7 of this act shall be deposited in the liquor
revolving fund in accordance with RCW 66.08.170.
NEW
SECTION. Sec. 8. Sections 2 through 7 of
this act are each added to chapter 66.20 RCW.
