AN ACT Relating to creating a food truck beer and/or wine license; reenacting and amending RCW 66.20.300 and 66.20.310; 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 shall be a food truck beer and/or wine license to sell beer, including strong beer, or wine, or both at retail for consumption on the premises. This license is available to entities providing minimum food service to patrons in an outdoor or partially enclosed area that do not provide indoor food, beer, or wine service or operate from a permanent structure or entities qualifying to sell beer and/or wine under RCW 66.24.320. The annual fee for this license is four hundred dollars.

(2) The board may issue or renew a license under this section only if the following conditions are met:

(a) Local ordinance allows outdoor sales, service, and consumption of beer and/or wine;

(b) The outdoor premises on which beer and/or wine is to be served are clearly defined;

(c) The premises on which beer and/or wine is to be served are not already licensed; and

(d) The applicant or applicants prove to the board that such applicant or applicants have a legal right to use the premises and the owner of the premises or entity controlling the premises allows the service, sale, and consumption of alcohol on the premises.

(3) Licensees under this section may:

(a) Share a license for the designated premises with colicensees; and

(b) Permit guest colicensees to share the designated premises for no more than sixty days if the guest colicensee secures approval of the board and, if not already party to another license, pays a guest license fee of one hundred dollars.

(4) Licensees under this section must require the purchase of food with each purchase of beer and/or wine.

(5) The board may inspect a structure or vehicle from which beer and/or wine is sold whether or not the structure or vehicle is on the designated premises at the time of inspection.

(6) The board must adopt rules to implement this section.

Sec. 2.  RCW 66.20.300 and 2014 c 78 s 2 and 2014 c 29 s 2 are each reenacted and amended to read as follows:

The definitions in this section apply throughout RCW 66.20.310 through 66.20.350 unless the context clearly requires otherwise.

(1) "Alcohol" has the same meaning as "liquor" in RCW 66.04.010.

(2) "Alcohol server" means any person who as part of his or her employment participates in the sale or service of alcoholic beverages for on-premises(([on-premises])) consumption at a retail licensed premise 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) "Retail licensed premises" means any:

(a) 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 this section and RCW 66.20.310, 66.24.320, 66.24.330, 66.24.350, 66.24.400, 66.24.425, ((66.24.690,)) 66.24.450, 66.24.570, 66.24.610, 66.24.650, ((and)) 66.24.655, 66.24.680, 66.24.690, and section 1 of this act;

(b) Distillery licensed pursuant to RCW 66.24.140 that is authorized to serve samples of its own production;

(c) Facility established by a domestic winery for serving and selling wine pursuant to RCW 66.24.170(4); and

(d) Grocery store licensed under RCW 66.24.360, but only with respect to employees whose duties include serving during tasting activities under RCW 66.24.363.

(5) "Training entity" means any liquor licensee associations, independent contractors, private persons, and private or public schools, that have been certified by the board.

Sec. 3.  RCW 66.20.310 and 2014 c 78 s 3 and 2014 c 29 s 3 are each reenacted and amended to read as follows:

(1)(a) There is 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 is 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 January 1, 1997, except as provided in (d) of this subsection, every alcohol server employed, under contract or otherwise, at a retail licensed premise must be issued a class 12 or class 13 permit.

(b) Every class 12 and class 13 permit issued must be issued in the name of the applicant and no other person may use the permit of another permit holder. The holder must present the permit upon request to inspection by a representative of the board or a peace officer. The class 12 or class 13 permit is valid for employment at any retail licensed premises described in (a) of this subsection.

(c) Except as provided in (d) of this subsection, no licensee holding a license as authorized by this section and RCW 66.20.300, 66.24.320, 66.24.330, 66.24.350, 66.24.400, 66.24.425, ((66.24.690,)) 66.24.450, 66.24.570, 66.24.600, 66.24.610, 66.24.650, ((and)) 66.24.655, 66.24.680, 66.24.690, and section 1 of this act 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 must 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 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) Grocery stores licensed under RCW 66.24.360, the primary commercial activity of which is the sale of grocery products and for which the sale and service of beer and wine for on-premises consumption with food is incidental to the primary business, and employees of such establishments, are exempt from RCW 66.20.300 through 66.20.350, except for employees whose duties include serving during tasting activities under RCW 66.24.363.

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