WSR 99-03-033
PERMANENT RULES
LIQUOR CONTROL BOARD
[Filed January 13, 1999, 1:21 p.m.]
Date of Adoption: November 18, 1998.
Purpose: The following rules outline the penalties for Class 12 or 13 Mandatory alcohol server training permit holders who violate the liquor laws: WAC 314-16-160 What are the penalties if a permit holder violates the liquor laws?; 314-16-165 Can the board impose sanctions or penalties other than those indicated in WAC 314-16-160?; and 314-16-170 If my Class twelve (12) or Class thirteen (13) permit is suspended, can I still work?
Citation of Existing Rules Affected by this Order: Amending WAC 314-14-160.
Statutory Authority for Adoption: RCW 66.08.030, 66.20.079, 66.20.340.
Adopted under notice filed as WSR 98-18-095 on September 2, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, amended 1, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 2, amended 1, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
January 11, 1999
Charles F. Brydon
Board Member
OTS-2422.1
AMENDATORY SECTION (Amending WSR 96-03-074, filed 1/17/96, effective 2/17/96)
WAC 314-14-160 ((Board may suspend permits.)) What are the
penalties if a permit holder violates the liquor laws?
((Notwithstanding any criminal actions taken, the board may issue
administrative violation notices to any holder of a Class 12 or
Class 13 permit for violation of Title 66 RCW or 314 WAC. Class
12 or Class 13 permits may be suspended or revoked following the
operating procedures set forth in chapter 10-08 WAC. As allowed
by the board, a monetary penalty may be imposed in lieu of a
suspension.)) (1) Penalties within a three-year period will
normally be as indicated below.
| Violation Type | 1st Violation | 2nd Violation | 3rd Violation | 4th Violation |
| after hours: Service, removal, allowing, consumption | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit monetary option |
| disorderly conduct: Allowing patrons, by licensee or employee | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| intoxicated persons: Sales to, service to, consumption by, possession by | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| lewd conduct: Allowing | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| miscellaneous: Violation of other retail liquor laws or rules | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| minors: Sales to | 5 day permit suspension or $100 monetary option | 10 day permit suspension or $200 monetary option | 30 day permit suspension or $300 monetary option | revocation of permit |
| minors: Frequenting by | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit
suspension or $200 monetary option |
revocation of permit |
| misrepresentation of fact: Obstructing an officer, failure to allow an inspection | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| .*other violation of laws: Conviction of liquor laws, dui or felony | 5 day permit suspension or $50 monetary option | revocation of permit | ||
| Permit: Failure to produce permit and id upon request | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
| private clubs: Prohibitions involving club liquor and use by the general public | 5 day permit suspension or $50 monetary option | 10 day permit suspension or $100 monetary option | 30 day permit suspension or $200 monetary option | revocation of permit |
[Statutory Authority: RCW 66.08.030 and 66.20.300 - 66.20.350. 96-03-074, § 314-14-160, filed 1/17/96, effective 2/17/96.]
NEW SECTION
WAC 314-14-165 Can the board impose sanctions or penalties other than those indicated in WAC 314-14-160? The board has broad discretionary authority. Based on aggravating or mitigating circumstances, the board may impose a different penalty than the standard penalties outlined in WAC 314-14-160.
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NEW SECTION
WAC 314-14-170 If my Class twelve (12) or Class thirteen (13) Permit is suspended, can I still work? (1) During a suspension period, a permit holder may work on a liquor licensed premises provided they are not involved in any way in the sales or service of alcohol.
(2) No permit is required to be a cashier, receptionist, cook or janitor.
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