Brief Summary of Bill

Expands the authority of the Liquor and Cannabis Board (LCB) to enforce penal and traffic laws relating to and associated with the sale of marijuana, tobacco, and vapor products.
Expands the authority of the LCB to enforce penal and traffic laws relating to and associated with patron conduct in and around locations licensed by the board.

Background: The LCB's Enforcement and Education Division is responsible for enforcing state liquor, tobacco, and marijuana laws and regulations. Its officers also provide alcohol education to liquor-licensed businesses, communities, and local law enforcement agencies.

Liquor and tobacco enforcement officers are limited-authority, commissioned law enforcement officers. Enforcement operations include premises visits, compliance checks, undercover operations, and complaint investigations. Educational efforts include liquor law briefings, technical assistance visits, and "Responsible Alcohol and Tobacco Sales" classes.

One function of Washington law enforcement agencies and officers is the apprehension or detection of persons committing infractions or violating traffic or specific criminal laws relating to limited subject areas.

Agencies so designated include, but are not limited to:

the Department of Natural Resources;
the Department of Social and Health Services;
the Gambling Commission;
the Department of Corrections;
the State Parks and Recreation Commission; and
the LCB.

The LCB is specifically granted the power to enforce penal provisions within the liquor control title and penal provisions relating to the manufacture, importation, transportation, possession, distribution and sale of liquor and to employ liquor enforcement officers to that end. A liquor enforcement officer has the power to serve and execute warrants or other process of law issued by the courts as well as arrest persons who are found to be violating provisions relating to liquor control.

Summary of Bill: The LCB is granted the power to enforce penal and traffic laws relating to and associated with the manufacture, importation, transportation, possession, distribution and sale of liquor, marijuana, tobacco, and vapor products as well as the penal and traffic laws relating to or associated with patron conduct in and around locations licensed by the LCB. This enforcement power is extended to a liquor enforcement officer employed by the LCB with the associated authority to serve and execute warrants and the authority to arrest.

Staff Summary of Public Testimony: PRO: The LCB currently has the authority to enforce laws relating to tobacco, marijuana, and vapor products. This bill brings all of the LCB's enforcement authority together in one place and shores up gaps in its authority. This bill will improve officer safety by allowing them to proceed without hesitation when faced with a public safety issue that may currently be outside of their authority. It also allows for risk management and mitigation. The LCB may be investigating a violation and the investigation leads into areas that are beyond the agency's scope of authority. This bill would allow the LCB to proceed. There is no intent to encroach on law enforcement territory. LCB officers have a significant concern when the officer observes an impaired driver. The officer would like the authority to intercept that impaired driver.

CON: The ability to enforce laws around patron conduct are particularly concerning and duplicative of law enforcement powers. The bill would allow broad additional enforcement powers. LCB officers do not have adequate training to handle the myriad of situations particularly regarding de-escalation techniques. Concerns could be remedies by removing the portion related to patron conduct. Law enforcement is concerned when an agency proposes to expand its limited authority beyond the scope of the regulatory purpose for which it was created. If the legislature believes there should be additional enforcement surrounding these types of establishments, it should increase funding for law enforcement.