SB 5604 - H AMD 0178 ADOPTED 4-12-01

By Representative Conway

Strike everything after the enacting clause and insert the following: ASec. 1. RCW 66.44.290 and 1965 c 49 s 1 are each amended to read as follows:

(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the liquor control board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the liquor control board may not be used for criminal or administrative prosecution.

(2) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee=s failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase.

(3) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase program authorized under this section.@

EFFECT: The Liquor Control Board may authorize licensees to conduct in-house self-compliance checks using persons between the ages of 18 and 21 years. The board will not use violations during a controlled purchase using persons between the ages of 18 and 21 years for criminal or administrative prosecution. An employer must provide employees written notice describing his/her in-house controlled purchase program using persons between the ages of 18 and 21 years. Notice must include the consequences of an employee=s failure to comply with company policy on the sale of alcohol. An employer may not fire an employee solely for a first-time failure to comply with company policy during a controlled purchase.