AN ACT
Relating to making modifications to the alcohol server permit program; and
amending RCW 66.20.310 and 66.20.320.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. 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)) January 1, 1997, 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)) January 1, 1997, 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.
2. RCW
66.20.320 and 1995 c 51 s 4 are each amended to read as follows:
(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)) January 1, 1997, 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) (a)
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.
(b)
Persons who completed the board's alcohol server training program after July 1,
1993, but before July 1, 1995, may be issued a class 13 permit upon providing
proof of completion of such training to the board.
