Z-231                 _______________________________________________

                                                   SENATE BILL NO. 3532

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State of Washington                              49th Legislature                              1985 Regular Session

By Senator Moore; by Liquor Control Board request

Read first time 2/1/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to permissible acts on liquor licensed premises by persons under twenty-one years of age; and amending RCW 66.44.310, 66.44.340, and 66.44.350.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 36-A added to chapter 62, Laws of 1933 ex. sess. by section 1, chapter 245, Laws of 1943 as amended by section 24, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.44.310 are each amended to read as follows:

          (1) Except as otherwise provided by RCW 66.44.316 and 66.44.350, it shall be a misdemeanor,

          (a) To serve or allow to remain on the premises of any tavern, ((or)) cocktail lounge portion of any class H licensed premises, or taproom portion of any class A, C, or D licensed premises, any person under the age of twenty-one years;

          (b) For any person under the age of twenty-one years to enter or remain on the premises of any tavern, ((or)) cocktail lounge portion of any public class H licensed premises, or taproom portion of any class A, C, or D licensed premises;

          (c) For any person under the age of twenty-one years to represent his age as being twenty-one or more years for the purpose of securing admission to, or remaining on the premises of, any tavern ((or)), cocktail lounge portion of any class H licensed premises, or taproom portion of any class A, C, or D licensed premises.

          (2) This section does not apply to law enforcement and security officers eighteen years of age or older during and in the course of their official duties.

(3) The Washington state liquor control board shall have the power and it shall be its duty to classify the various licensees, as taverns or otherwise, within the meaning of this title, except bona fide restaurants, dining rooms and cafes serving commercial food to the public shall not be classified as taverns during the hours such food service is made available to the public.

        Sec. 2.  Section 1, chapter 38, Laws of 1969 ex. sess. as amended to section 48, chapter 5, Laws of 1981 1st ex. sess. and RCW 66.44.340 are each amended to read as follows:

          Employers holding class E and/or F licenses exclusively are permitted to allow their employees, between the ages of eighteen and twenty-one years, to sell, stock, and handle beer or wine in, on or about any establishment holding a class E and/or class F license exclusively:  PROVIDED, That there is an adult twenty-one years of age or older on duty supervising the sale of liquor at the licensed premises:  PROVIDED, That minor employees may make deliveries of beer and/or wine purchased from licensees holding class E and/or class F licenses exclusively, when delivery is made to cars of customers adjacent to such licensed premises but only, however, when the minor employee is accompanied by the purchaser.

        Sec. 3.  Section 1, chapter 204, Laws of 1975 1st ex. sess. and RCW 66.44.350 are each amended to read as follows:

          Notwithstanding provisions of RCW 66.44.310, employees of class A, C, D and/or H licensees eighteen years of age and over may take orders for, serve and sell liquor in any part of the licensed premises except cocktail lounges, bars, or other areas classified by the Washington state liquor control board as off-limits to persons under twenty-one years of age:  PROVIDED, That such employees may enter such restricted areas ((for the following purposes)) to perform work assignments such as but not limited to:  To pick up liquor for service in other parts of the licensed premises, to perform clean up work, to set up and arrange tables, and to deliver supplies:  PROVIDED FURTHER, That such employees shall remain in the areas off-limits to minors no longer than is necessary to carry out their ((aforementioned)) duties:  PROVIDED FURTHER, That such employees shall not be permitted to perform activities or functions of a bartender.