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.
