State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/05/14.
AN ACT Relating to liquor catering; amending RCW 66.44.350; reenacting and amending RCW 66.20.300 and 66.20.310; and adding a new section to chapter 66.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 66.24 RCW
to read as follows:
(1) There shall be a caterer's license to sell spirits, beer, and
wine, by the individual serving, at retail, for consumption on the
premises at an event location that is either owned, leased, or operated
either by the caterer or the sponsor of the event for which catering
services are being provided. If the event is open to the public, it
must be sponsored by a society or organization as defined in RCW
66.24.375. If attendance at the event is limited to members or invited
guests of the sponsoring individual, society, or organization, the
requirement that the sponsor must be a society or organization as
defined in RCW 66.24.375 is waived. The licensee must serve food as
required by rules of the board.
(2) The annual fee is two hundred dollars for the beer license, two
hundred dollars for the wine license, or four hundred dollars for a
combination beer and wine license. The annual fee for a combined beer,
wine, and spirits license is one thousand dollars.
(3) The holder of this license shall notify the board or its
designee of the date, time, place, and location of any catered event at
which liquor will be served, sold, or consumed. The board shall create
rules detailing notification requirements. Upon request, the licensee
shall provide to the board all necessary or requested information
concerning the individual, society, or organization that will be
holding the catered function at which the caterer's liquor license will
be utilized.
(4) The holder of this license may, under conditions established by
the board, store liquor on other premises operated by the licensee so
long as the other premises are owned or controlled by a leasehold
interest by that licensee.
(5) The holder of this license is prohibited from catering events
at locations that are already licensed to sell liquor under this
chapter.
(6) The holder of this license is responsible for all sales,
service, and consumption of alcohol at the location of the catered
event.
Sec. 2 RCW 66.20.300 and 2013 c 237 s 2 and 2013 c 219 s 2 are
each reenacted and amended to read as follows:
The definitions in this section apply throughout RCW 66.20.310
through 66.20.350 unless the context clearly requires otherwise.
(1) "Alcohol" has the same meaning as "liquor" in RCW 66.04.010.
(2) "Alcohol server" means any person who as part of his or her
employment participates in the sale or service of alcoholic beverages
for on-premise consumption at a retail licensed premise as a regular
requirement of his or her employment, and includes those persons
eighteen years of age or older permitted by the liquor laws of this
state to serve alcoholic beverages with meals.
(3) "Board" means the Washington state liquor control board.
(4) "Retail licensed premises" means any:
(a) Premises licensed to sell alcohol by the glass or by the drink,
or in original containers primarily for consumption on the premises as
authorized by this section and RCW 66.20.310, 66.24.320, 66.24.330,
66.24.350, 66.24.400, 66.24.425, section 1 of this act, 66.24.450,
66.24.570, 66.24.610, 66.24.650, and 66.24.655;
(b) Distillery licensed pursuant to RCW 66.24.140 that is
authorized to serve samples of its own production;
(c) Facility established by a domestic winery for serving and
selling wine pursuant to RCW 66.24.170(4); and
(d) Grocery store licensed under RCW 66.24.360, but only with
respect to employees whose duties include serving during tasting
activities under RCW 66.24.363.
(5) "Training entity" means any liquor licensee associations,
independent contractors, private persons, and private or public
schools, that have been certified by the board.
Sec. 3 RCW 66.20.310 and 2013 c 237 s 3 and 2013 c 219 s 3 are
each reenacted and amended to read as follows:
(1)(a) There is an alcohol server permit, known as a class 12
permit, for a manager or bartender selling or mixing alcohol, spirits,
wines, or beer for consumption at an on-premises licensed facility.
(b) There is an alcohol server permit, known as a class 13 permit,
for a person who only serves alcohol, spirits, wines, or beer for
consumption at an on-premises licensed facility.
(c) As provided by rule by the board, a class 13 permit holder may
be allowed to act as a bartender without holding a class 12 permit.
(2)(a) Effective January 1, 1997, except as provided in (d) of this
subsection, every alcohol server employed, under contract or otherwise,
at a retail licensed premise must be issued a class 12 or class 13
permit.
(b) Every class 12 and class 13 permit issued must be issued in the
name of the applicant and no other person may use the permit of another
permit holder. The holder must present the permit upon request to
inspection by a representative of the board or a peace officer. The
class 12 or class 13 permit is valid for employment at any retail
licensed premises described in (a) of this subsection.
(c) Except as provided in (d) of this subsection, no licensee
holding a license as authorized by this section and RCW 66.20.300,
66.24.320, 66.24.330, 66.24.350, 66.24.400, 66.24.425, section 1 of
this act, 66.24.450, 66.24.570, 66.24.600, 66.24.610, 66.24.650, and
66.24.655 may employ or accept the services of any person without the
person first having a valid class 12 or class 13 permit.
(d) Within sixty days of initial employment, every person whose
duties include the compounding, sale, service, or handling of liquor
must have a class 12 or class 13 permit.
(e) No person may perform duties that include the sale or service
of alcoholic beverages on a retail licensed premises without possessing
a valid alcohol server permit.
(3) A permit issued by a training entity under this section is
valid for employment at any retail licensed premises described in
subsection (2)(a) of this section for a period of five years unless
suspended by the board.
(4) The board may suspend or revoke an existing permit if any of
the following occur:
(a) The applicant or permittee has been convicted of violating any
of the state or local intoxicating liquor laws of this state or has
been convicted at any time of a felony; or
(b) The permittee has performed or permitted any act that
constitutes a violation of this title or of any rule of the board.
(5) The suspension or revocation of a permit under this section
does not relieve a licensee from responsibility for any act of the
employee or agent while employed upon the retail licensed premises.
The board may, as appropriate, revoke or suspend either the permit of
the employee who committed the violation or the license of the licensee
upon whose premises the violation occurred, or both the permit and the
license.
(6)(a) After January 1, 1997, it is a violation of this title for
any retail licensee or agent of a retail licensee as described in
subsection (2)(a) of this section to employ in the sale or service of
alcoholic beverages, any person who does not have a valid alcohol
server permit or whose permit has been revoked, suspended, or denied.
(b) It is a violation of this title for a person whose alcohol
server permit has been denied, suspended, or revoked to accept
employment in the sale or service of alcoholic beverages.
(7) Grocery stores licensed under RCW 66.24.360, the primary
commercial activity of which is the sale of grocery products and for
which the sale and service of beer and wine for on-premises consumption
with food is incidental to the primary business, and employees of such
establishments, are exempt from RCW 66.20.300 through 66.20.350, except
for employees whose duties include serving during tasting activities
under RCW 66.24.363.
Sec. 4 RCW 66.44.350 and 1999 c 281 s 12 are each amended to read
as follows:
Notwithstanding provisions of RCW 66.44.310, employees holding beer
and/or wine restaurant; beer and/or wine private club; snack bar;
spirits, beer, and wine restaurant; spirits, beer, and wine private
club; catering; and sports entertainment facility licenses who are
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 to
perform work assignments including picking up liquor for service in
other parts of the licensed premises, performing clean up work, setting
up and arranging tables, delivering supplies, delivering messages,
serving food, and seating patrons: 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.