AN ACT Relating to alcohol server education; adding a new chapter to Title 66 RCW; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature of the state of Washington finds that education of alcohol servers on issues such as the physiological effects of alcohol on consumers, liability and legal implications of serving alcohol, driving while intoxicated, and methods of intervention with the problem customer are important in protecting the health and safety of the public. The legislature further finds that it is in the best interests of the citizens of the state of Washington to provide an alcohol server education program.

NEW SECTION. Sec. 2. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Alcohol" shall have the same meaning as "liquor" provided in RCW 66.04.010(15).

(2) "Alcohol server" means any person serving or selling alcohol, spirits, wine, or beer as a regular requirement of their employment at a facility holding an annual retail license, and shall include those persons over the age of eighteen permitted by the liquor laws of this state to serve alcoholic beverages with meals. For the purposes of this chapter, employees of a state liquor store established under chapter 66.16 RCW shall be considered employees of a facility holding an annual retail license.

(3) "Board" means the Washington state liquor control board.

NEW SECTION. Sec. 3. The board shall provide for an alcohol server education program. The curriculum for such a program shall include, but not be limited to:

(1) The physiological effects of alcohol, including the effects of alcohol in combination with drugs;

(2) Liability of alcohol servers and retail licensed premises, and legal information;

(3) The dangers of driving while intoxicated;

(4) Intervention with a problem customer, including ways to stop service, ways to deal with a belligerent customer, and alternative means of transportation to get the customer home safely.

NEW SECTION. Sec. 4. The board may provide the alcohol server education and certification examination program through board employees, independent contractors, local health departments, or any combination of these.

NEW SECTION. Sec. 5. (1) The board shall issue an alcohol server certificate to eligible persons who have successfully completed an alcohol server education program and paid the appropriate fee in an amount to be established by the board by rule. The fee shall be limited to an amount that will cover all costs of processing certificate applications and all other costs of administering this chapter. The combined fee for the certificate and required alcohol server education shall not exceed twenty-five dollars.

(2) The board shall devise a method for identifying a certificate issued to any person under the age of twenty-one such that a prospective employer may identify the holder of such a certificate as a minor.

NEW SECTION. Sec. 6. Every permit issued is valid for employment at any retail licensed premises for a period of five years unless earlier denied, suspended, or revoked. Any person whose permit has been denied, suspended, or revoked shall immediately return the permit to the board.

NEW SECTION. Sec. 7. No person may perform duties which include the sale or service of alcoholic beverages at a facility holding an annual retail license without possessing a valid alcohol server certificate.

NEW SECTION. Sec. 8. No retail licensed premises may hire a person to perform duties which include the sale or service of alcoholic beverages unless that person possesses a valid alcohol server certificate or obtains such a certificate prior to performing such duties.

NEW SECTION. Sec. 9. The board shall adopt rules to implement the provisions of this chapter including, but not limited to, procedures and grounds for denying, suspending, or revoking permits.

NEW SECTION. Sec. 10. A violation of any of the provisions of this chapter or the rules adopted by the board for the purpose of implementing the provisions of this chapter shall constitute a misdemeanor, punishable by a fine of not more than two hundred fifty dollars for a first offense. A subsequent offense is punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or both such fine and imprisonment.

NEW SECTION. Sec. 11. All fees collected under this chapter shall be deposited to the liquor revolving fund in accordance with RCW 66.08.170.

NEW SECTION. Sec. 12. The sum of one million eleven thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the liquor revolving fund to the liquor control board for the purposes of this act.

NEW SECTION. Sec. 13. Sections 1 through 11 of this act shall constitute a new chapter in Title 66 RCW.