BP BHEAD INT H

AN ACT Relating to class 12 permits and liability for providing liquor to minors; amending RCW 66.04.010, 66.44.270, 66.44.310, and 66.16.040; adding new sections to chapter 66.44 RCW; adding a new section to chapter 66.20 RCW; creating a new section; prescribing penalties; and providing an effective date.

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

Sec. 1. RCW 66.04.010 and 1991 c 192 s 1 are each amended to read as follows:

In this title, unless the context otherwise requires:

(1) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. The term "alcohol" does not include alcohol in the possession of a manufacturer or distiller of alcohol fuel, as described in RCW 66.12.130, which is intended to be denatured and used as a fuel for use in motor vehicles, farm implements, and machines or implements of husbandry.

(2) "Alcohol seller" means any person serving or selling alcohol, spirits, wines, or beer as a regular requirement of his or her employment, and shall include those persons eighteen years of age or older permitted by the liquor laws of this state to serve alcoholic beverages with meals.

(3) "Beer" means any malt beverage or malt liquor as these terms are defined in this chapter.

((~~(3)~~)) (4) "Brewer" means any person engaged in the business of manufacturing beer and malt liquor.

((~~(4)~~)) (5) "Board" means the liquor control board, constituted under this title.

((~~(5)~~)) (6) "Club" means an organization of persons, incorporated or unincorporated, operated solely for fraternal, benevolent, educational, athletic or social purposes, and not for pecuniary gain.

((~~(6)~~)) (7) "Consume" includes the putting of liquor to any use, whether by drinking or otherwise.

((~~(7)~~)) (8) "Dentist" means a practitioner of dentistry duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.32 RCW.

((~~(8)~~)) (9) "Distiller" means a person engaged in the business of distilling spirits.

((~~(9)~~)) (10) "Druggist" means any person who holds a valid certificate and is a registered pharmacist and is duly and regularly engaged in carrying on the business of pharmaceutical chemistry pursuant to chapter 18.64 RCW.

((~~(10)~~)) (11) "Drug store" means a place whose principal business is, the sale of drugs, medicines and pharmaceutical preparations and maintains a regular prescription department and employs a registered pharmacist during all hours the drug store is open.

((~~(11)~~)) (12) "Employee" means any person employed by the board, including a vendor, as hereinafter in this section defined.

((~~(12)~~)) (13) "Fund" means 'liquor revolving fund.'

((~~(13)~~)) (14) "Hotel" means every building or other structure kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay to transient guests, in which twenty or more rooms are used for the sleeping accommodation of such transient guests and having one or more dining rooms where meals are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building and buildings, in connection therewith, and such structure or structures being provided, in the judgment of the board, with adequate and sanitary kitchen and dining room equipment and capacity, for preparing, cooking and serving suitable food for its guests: PROVIDED FURTHER, That in cities and towns of less than five thousand population, the board shall have authority to waive the provisions requiring twenty or more rooms.

((~~(14)~~)) (15) "Imprisonment" means confinement in the county jail.

((~~(15)~~)) (16) "Liquor" includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. Liquor does not include confections or food products that contain one percent or less of alcohol by weight.

((~~(16)~~)) (17) "Manufacturer" means a person engaged in the preparation of liquor for sale, in any form whatsoever.

((~~(17)~~)) (18) "Malt beverage" or "malt liquor" means any beverage such as beer, ale, lager beer, stout, and porter obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than eight percent of alcohol by weight, and not less than one-half of one percent of alcohol by volume. For the purposes of this title, any such beverage containing more than eight percent of alcohol by weight shall be referred to as "strong beer."

((~~(18)~~)) (19) "Package" means any container or receptacle used for holding liquor.

((~~(19)~~)) (20) "Permit" means a permit for the purchase of liquor under this title.

((~~(20)~~)) (21) "Person" means an individual, copartnership, association, or corporation.

((~~(21)~~)) (22) "Physician" means a medical practitioner duly and regularly licensed and engaged in the practice of his profession within the state pursuant to chapter 18.71 RCW.

((~~(22)~~)) (23) "Prescription" means a memorandum signed by a physician and given by him to a patient for the obtaining of liquor pursuant to this title for medicinal purposes.

((~~(23)~~)) (24) "Public place" includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; those parts of establishments where beer may be sold under this title, soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, and/or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

((~~(24)~~)) (25) "Regulations" means regulations made by the board under the powers conferred by this title.

((~~(25)~~)) (26) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains.

((~~(26)~~)) (27) "Sale" and "sell" include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state. "Sale" and "sell" shall not include the giving, at no charge, of a reasonable amount of liquor by a person not licensed by the board to a person not licensed by the board, for personal use only. "Sale" and "sell" also does not include a raffle authorized under RCW 9.46.0315: PROVIDED, That the nonprofit organization conducting the raffle has obtained the appropriate permit from the board.

((~~(27)~~)) (28) "Soda fountain" means a place especially equipped with apparatus for the purpose of dispensing soft drinks, whether mixed or otherwise.

((~~(28)~~)) (29) "Spirits" means any beverage which contains alcohol obtained by distillation, including wines exceeding twenty-four percent of alcohol by volume.

((~~(29)~~)) (30) "Store" means a state liquor store established under this title.

((~~(30)~~)) (31) "Tavern" means any establishment with special space and accommodation for sale by the glass and for consumption on the premises, of beer, as herein defined.

((~~(31)~~)) (32) "Vendor" means a person employed by the board as a store manager under this title.

((~~(32)~~)) (33) "Winery" means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery.

((~~(33)~~)) (34) "Domestic winery" means a place where wines are manufactured or produced within the state of Washington.

((~~(34)~~)) (35) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. For purposes of this title, any beverage containing no more than fourteen percent of alcohol by volume when bottled or packaged by the manufacturer shall be referred to as "table wine," and any beverage containing alcohol in an amount more than fourteen percent by volume when bottled or packaged by the manufacturer shall be referred to as "fortified wine." However, "fortified wine" shall not include: (a) Wines that are both sealed or capped by cork closure and aged two years or more; and (b) wines that contain more than fourteen percent alcohol by volume solely as a result of the natural fermentation process and that have not been produced with the addition of wine spirits, brandy, or alcohol.

This subsection shall not be interpreted to require that any wine be labeled with the designation "table wine" or "fortified wine."

((~~(35)~~)) (36) "Beer wholesaler" means a person who buys beer from a brewer or brewery located either within or beyond the boundaries of the state for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent.

((~~(36)~~)) (37) "Wine wholesaler" means a person who buys wine from a vintner or winery located either within or beyond the boundaries of the state for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent.

Sec. 2. RCW 66.44.270 and 1987 c 458 s 3 are each amended to read as follows:

(1) It is ((~~unlawful~~)) a misdemeanor for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control, without knowledge of the fact that the person receiving or consuming the liquor is under the age of twenty-one years.

(2) It is a gross misdemeanor for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control, with knowledge that the person receiving or consuming the liquor is under the age of twenty-one years. Every person who is convicted of a violation of this subsection shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.

(3) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.

((~~(3)~~)) (4) This section does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

((~~(4)~~)) (5) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

((~~(5)~~)) (6) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

((~~(6)~~)) (7) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

NEW SECTION. Sec. 3. A new section is added to chapter 66.44 RCW to read as follows:

It is a gross misdemeanor for a person to knowingly present the identification of another person or a forged, fraudulent, altered, counterfeit, or otherwise false identification card to acquire, possess, purchase, or obtain liquor. Every person who is convicted of a violation of this subsection shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.

Sec. 4. RCW 66.44.310 and 1981 1st ex.s. c 5 s 24 are each amended to read as follows:

(1) Except as otherwise provided by RCW 66.44.270, 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, 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

(c) For any person under the age of twenty-one years to represent his or her 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.

(2) 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. 5. RCW 66.16.040 and 1981 1st ex.s. c 5 s 8 are each amended to read as follows:

Except as otherwise provided by law, an employee in a state liquor store or agency may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.

Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age and bears his/her signature and photograph:

(1) Liquor control authority card of identification of any state or province of Canada.

(2) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.

(3) United States active duty military identification.

(4) Passport.

(5) Merchant Marine identification card issued by the United States Coast Guard.

The board may adopt such regulations as it deems proper covering the acceptance of such cards of identification.

No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash.

Liquor store and agency employees must be able to readily produce a valid class 12 permit issued under section 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 66.20 RCW to read as follows:

(1) There is an alcohol seller permit to be known as a class 12 permit, authorizing the holder to sell alcohol, spirits, wine, or beer for a period of five years. The permit shall be in a form prescribed by the board.

(a) Training requirements for persons seeking the class 12 permit will be established by the board.

(b) Training for a class 12 permit must be through a board-certified program provided by the licensee, labor organizations, independent contractors, private or public schools, or licensee associations, such as the nationally recognized training for intervention programs or techniques in alcohol management programs or by the board itself. The board shall offer the option of live classroom training or a videotaped training session produced and distributed by the board.

(c) Multiple copies of the videotape will be made available by the board at a nominal fee to cover the cost of reproduction and shipment with any fees so collected being deposited in the liquor revolving fund.

(d) The annual cost of a retail liquor license, or a manufacturer's license which has retail privileges, shall be increased in the amount of twenty dollars in order to provide funding for the mandatory server training program.

(e) Every class 12 permit issued shall be issued in the name of the applicant and no other person shall use the permit of another permit holder. The holder shall present the permit upon request to inspection by any representative of the liquor control board or peace officer.

(f) No licensee shall employ or accept the services of any person whose duties include the sale or service of liquor without such person first having taken the training and examination for a class 12 permit. The board shall correct the examination and issue a permit for anyone successfully completing the examination within thirty days from the date the person commences work for the licensee. An individual may sell or serve liquor during the time which the board takes to process the permit. An individual may retake the examination any time after being notified by the board that he or she has failed the examination. However, an individual may not sell or serve liquor more than thirty days after completing the training requirements unless he or she has obtained a valid class 12 permit.

(2) Every permit issued under this section is valid for a period of five years unless earlier denied, suspended, or revoked. A person whose permit has been denied, suspended, or revoked shall immediately return the permit to the board.

(3) The board may suspend the permit of a permittee who has been convicted of two or more violations of sales to minors or sales to intoxicated persons within a twelve-month period or who has violated RCW 66.44.270(2). Subsequent violations may result in revocation of the permit.

(4)(a) It is a violation of this title for a licensee or permittee to employ in the sale or service of alcoholic beverages, any person who has not taken the required training or completed the prescribed examination, or one whose current class 12 permit is either revoked or suspended.

(b) It is a violation of this title for a person whose class 12 permit has been denied, suspended, or revoked to accept employment in the sale or service of alcoholic beverages.

NEW SECTION. Sec. 7. A new section is added to chapter 66.44 RCW to read as follows:

(1) The board shall administer the required alcohol seller training program by:

(a) Reviewing and certifying training programs that fulfill the requirements under section 6 of this act;

(b) Producing and distributing for employers to administer to their employees an examination and examination procedure to be administered following completion of the certified training program or training provided by the board;

(d) Taking administrative actions against those class 12 permit holders who have violated the provisions of this title and taking appropriate actions against others who have been involved in violations of this title.

(2) The board shall review and update the curricula to maintain accuracy with existing statutes and rules adopted to administer the liquor laws of the state.

NEW SECTION. Sec. 8. A new section is added to chapter 66.44 RCW to read as follows:

It is a violation of this title for a licensee, an employee of a licensee, or an employee of a state liquor store or agency to sell liquor to any person without having first inspected that person's identification to ensure that it is an officially issued card of identification listed in RCW 66.16.040 and that the person is at least twenty-one years of age.

NEW SECTION. Sec. 9. This act shall take effect July 1, 1994.

NEW SECTION. Sec. 10. The liquor control board may take such steps as are necessary to ensure that this act is implemented on its effective date.