PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-12-128.
Title of Rule: Chapter 314-11 WAC, General requirements for liquor licensees.
Purpose: The Liquor Control Board is currently undergoing a review of all of its rules to make them clear and usable, per Governor Locke's Executive Order 97-02. Chapter 314-11 WAC would outline general requirements applicable to liquor licensees.
Statutory Authority for Adoption: RCW 66.08.030, 66.28.090, 66.28.100, chapter 66.44 RCW.
Statute Being Implemented: RCW 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350.
Summary: Chapter 314-11 WAC would outline general requirements applicable to liquor licensees.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1648; Implementation: David Goyette, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1600; and Enforcement: Rick Phillips, P.O. Box 43075, Olympia, WA 98504-3075, (360) 664-1780.
Name of Proponent: Washington State Liquor Control Board, governmental.
Rule is necessary because of federal court decision,
Explanation of Rule, its Purpose, and Anticipated Effects: Proposed chapter 314-11 WAC would replace current rules throughout several WAC chapters that outline general requirements for liquor licensees.
These proposed new and revised rules are a result of the agency's regulatory review process.
Proposal Changes the Following Existing Rules: The following rules would be partially or completely replaced by the proposed rules: WAC 314-10-020 General -- Applicable to all tobacco license holders, 314-12-115 Expired card of identification is not valid for proof of age, 314-12-120 Licensed premises open for inspection -- Sampling of liquor, 314-12-125 Maintaining operation of licensed premises in accordance with law and rules of the board is responsibility of licensee -- Failure to do so is cause for revocation of license, 314-12-130 No liquor deliveries on Sunday -- Exceptions, 314-12-195 Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy, 314-16-020 Dispensing apparatus and containers -- Furnishing of certain devices, 314-16-025 "Minor prohibited" posting required in classified premises, 314-16-030 Sanitation, equipment and lighting, 314-16-040 Service limited to license and order -- Removal of liquor in open containers -- Room service -- Price list, 314-16-050 Hours of operation, 314-16-060 Curb service prohibited, 314-16-070 Minors -- Employment, 314-16-075 Musicians, disc jockeys, sound or lighting technicians, persons performing janitorial services, employees of amusement device companies, security officers, fire fighters and law enforcement officers employment, 314-16-090 Bottles and containers -- Reuse, 314-16-120 Conduct on licensed premises, 314-16-122 Licensee-employees -- Prohibited conduct with patrons, 314-16-125 Suggestive, lewd and/or obscene conduct on licensed premises, 314-16-145 Presentation of card of identification penalty for refusal -- Detention for reasonable period to determine age -- Person who cannot establish age may be removed from licensed premises, 314-16-150 No sale of liquor to minors, intoxicated persons, etc., 314-16-160 Records -- Purchases -- Reports, 314-70-020 Disposition by a governmental agency of lawfully seized liquors, except those which are required to be delivered to the board under RCW 66.32.090, 314-70-040 Procedures for board purchase of liquor from governmental agencies, and 314-70-050 Destruction of liquor by liquor enforcement officers.
If adopted, the proposed rules would make the following changes:
| • | Clarify what are liquor licensees' basic responsibilities for themselves and their employees. |
| • | Delete statement that no licensee or employee may be "boisterous" on their licensed premises, keeping the prohibition against licensees being disorderly or intoxicated on their premises. |
| • | Delete requirements that for an ID to be current, it may not be "officially invalidated." This change would allow punched driver's licenses to be acceptable for age identification purposes, so long as the punch is not through the photo, date of birth, or signature. |
| • | In "lewd conduct" rules, delete the restriction against the showing of a film, still picture, or reproduction of a person being touched, caressed, or fondled on the anus or genitals, or any person displaying the vulva, anus, or genitals. Instead, state that films, still pictures, etc. cannot show pornography or sexual acts that are prohibited by law. |
| • | Place signage requirements signage in one WAC. |
| • | Delete requirement that licensees receive prior approval to keep records on microfilm or a computer. |
| • | Delete requirements that are duplicative with state health department requirements; namely that licensees keep their premises and equipment in a "clean, wholesome, and sanitary condition," and that all cups be cleaned and sterilized "in the manner prescribed by the state board of health...". |
| • | Delete requirement that the brand name of the beer be clearly printed on both sides of the tap. |
| • | Delete requirement that spirits, beer, and wine restaurant licensee display all prices for all drinks. |
| • | Delete prohibition against a distributor delivering liquor to a retailer on a Sunday. |
No small business economic impact statement has been prepared under chapter 19.85 RCW. No disproportionate impact to small businesses.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in section 201.
Hearing Location: Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98501, on January 10, 2001, at 9:30 a.m.; at the Washington State Liquor Control Board, Distribution Center, 4401 East Marginal Way South, Seattle, WA, on January 11, 2001, at 3:00 p.m.; and at the WestCoast Inn at the Park, 303 West North River Drive, Audubon Room, Spokane, WA, on January 12, 2001, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by January 10, 2001, TDD (360) 586-4727, or (360) 664-1648.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, fax (360) 704-4920, by January 17, 2001.
Date of Intended Adoption: January 24, 2001.
November 21, 2000
Eugene Prince
Chair
The following sections of the Washington Administrative Code are repealed:
| WAC 314-10-020 | General -- Applicable to all tobacco license holders. |
| WAC 314-12-115 | Expired card of identification is not valid for proof of age. |
| WAC 314-12-120 | Licensed premises open for inspection -- Sampling of liquor |
| WAC 314-12-125 | Maintaining operation of licensed premises in accordance with law and rules of the board is responsibility of licensee -- Failure to do so is cause for revocation of license. |
| WAC 314-12-130 | No liquor deliveries on Sunday -- Exceptions. |
| WAC 314-12-195 | Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy. |
| WAC 314-16-025 | "Minor prohibited" posting required in classified premises. |
| WAC 314-16-030 | Sanitation, equipment and lighting. |
| WAC 314-16-050 | Hours of operation. |
| WAC 314-16-060 | Curb service prohibited. |
| WAC 314-16-070 | Minors -- Employment. |
| WAC 314-16-075 | Musicians, disc jockeys, sound or lighting technicians, persons performing janitorial services, employees of amusement device companies, security officers, fire fighters and law enforcement officers employment. |
| WAC 314-16-090 | Bottles and containers -- Reuse. |
| WAC 314-16-120 | Conduct on licensed premises. |
| WAC 314-16-122 | Licensee-employees -- Prohibited conduct with patrons. fighters and law enforcement officers employment. |
| WAC 314-16-125 | Suggestive, lewd and/or obscene conduct on licensed premises. |
| WAC 314-16-145 | Presentation of card of identification penalty for refusal -- Detention for reasonable period to determine age -- Person who cannot establish age may be removed from licensed premises. |
| WAC 314-16-150 | No sale of liquor to minors, intoxicated person, etc. |
| WAC 314-70-020 | Disposition by a governmental agency of lawfully seized liquors, except those which are required to be delivered to the board under RCW 66.32.090. |
| WAC 314-70-040 | Procedures for board purchase of liquor from governmental agencies. |
| WAC 314-70-050 | Destruction of liquor by liquor enforcement officers. |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-18-097, filed 9/2/98)
WAC 314-16-020
Dispensing apparatus and
containers -- Furnishing of certain devices.
(1) ((No retail
licensee shall draw any beer from any faucet, spigot or other
dispensing apparatus unless the brand name of the beer drawn
shall appear in legible lettering, visible from both the front
and rear, upon such faucet, spigot or other dispensing
apparatus.)) Brewers and beer distributors may furnish "tap
marking devices" to retail dispensers as hereinabove provided at
a nominal value or cost to the brewer or beer distributor. Brewers and beer distributors may also furnish can and bottle
openers to retail licensees at a nominal value or cost to the
brewer or beer distributor.
(2) Every bottle or other container from which wine is sold by a retail licensee for consumption on the licensed premises shall be truly labeled with the brand name, type and manufacturer's name of said wine. Wineries and wine distributors may furnish said labels and "tap marking devices" or container marking devices and corkscrews to retail dispensers as hereinabove provided at a nominal value or cost to the winery or wine distributor.
[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-16-020, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 93-10-070, § 314-16-020, filed 5/3/93, effective 6/3/93; 87-22-018 (Order 233, Resolution No. 242), § 314-16-020, filed 10/27/87; Rule 17, filed 6/13/63.]
(((1) No retail licensee shall possess or
allow any person to consume or possess any liquor other than that
permitted by his license in or on the licensed premises, or on
any public premises adjacent thereto which are under his control
except under authority of a banquet permit; however, a restaurant
licensee may, with or without a corkage fee, allow patrons to
bring wine into the premises for consumption with a meal.
(2) Beer and/or wine only licensees may keep spirituous liquor on the premises for use in the manufacture of confection or food products provided that prior written permission of the board is obtained, all confection or food products manufactured contain one percent or less of alcohol by weight, and customers are made aware that such confection or food products contain liquor and the alcohol content is one percent or less of the weight of the product.
(3) No retail licensee or employee thereof shall permit the removal of any liquor in an open container from the licensed premises except that liquor brought on a licensed premises under authority of a banquet permit shall be recorked, recapped or resealed in its original container and shall be removed at the termination of such banquet permit function. Further, wine may be removed as authorized by RCW 66.24.320 and 66.24.400.
(4) No licensee shall sell or serve any spirituous liquor, beer, or wine other than ordered, or substitute a nonalcoholic beverage when an alcoholic beverage has been ordered. A spirits, beer and wine restaurant licensee shall display prices for all liquor either by posting a price list or by using menus listing such prices, or by both.
(5))) No holder of a beer and/or wine restaurant license shall advertise for sale, nor sell, any mixed drink under the name of "Old Fashioned," "Whiskey Sour," "Singapore Sling," "Martini," "Manhattan," nor any other name which, by long and general usage, has become associated in the public mind as being the name of a mixed drink made from spirituous liquor, unless the name of such drink is prefaced by the word "wine," such as Wine Old Fashioned. The holder of a beer and/or wine restaurant license may advertise for sale, mix, compound or sell upon order, mixed drinks made from one or more wines under a name which does not conflict with this section.
[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-12-051, § 314-16-040, filed 6/5/00, effective 7/6/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-16-040, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 88-23-100 (Order 261, Resolution No. 270), § 314-16-040, filed 11/22/88; 87-20-014 (Order 228, Resolution No. 237), § 314-16-040, filed 9/29/87; 86-07-015 (Order 179, Resolution No. 188), § 314-16-040, filed 3/11/86; 85-06-023 (Order 155, Resolution No. 164), § 314-16-040, filed 2/27/85. Statutory Authority: RCW 66.08.030 and 66.98.070. 84-11-092 (Order 142, Resolution No. 151), § 314-16-040, filed 5/23/84. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070. 80-02-094 (Order 69, Resolution No. 78), § 314-16-040, filed 1/23/80; Rule 19, filed 6/13/63.]
(((1) The
originals or copies of all purchase invoices and other memoranda
covering all purchases of liquor by retail licensees showing (a)
items purchased, (b) quantities thereof, (c) from whom purchased,
and (d) purchase date, shall be kept for at least two years after
each purchase, and shall be filed separately and kept apart from
all other records, and as nearly as possible shall be filed in
consecutive order and each month's records kept separate so as to
render the same readily available for inspection and copying. All canceled checks, bank statements and books of account
covering or involving the purchase of liquor, and all memoranda,
if any, showing payment of money for liquor other than by check,
shall be likewise preserved for two years and shall be at all
times kept available for inspection and copying.
(((2))) (1) ((No retail licensee shall buy or accept
delivery of liquor except for cash paid at the time of the
delivery thereof: Provided, That a retail licensee may pay cash
prior to delivery of liquor purchased.)) Failure by licensees to
keep accurate accounting records which result in the extension of
or receipt of credit from a manufacturer, importer, or
distributor through the use of a prior cash deposit which is
overextended may result in administrative action being taken
against the liquor license.
(((3))) (2) A retail licensee shall purchase beer from a
beer distributor pursuant to RCW 66.28.070 and shall purchase
wine from a state liquor store or agency or from a duly licensed
distributor except as provided in chapter 314-70 WAC. All beer
purchased must be at the posted price in accordance with WAC 314-20-100 and all wine purchased must conform to the posted
price as filed under WAC 314-24-190. No retail licensee may
return wine to a wine distributor except in accordance with the
provisions of WAC 314-24-210, nor shall any retail licensee
return beer to a beer distributor except in accordance with the
provisions of WAC 314-20-070.
(((4))) (3) Prior to license delivery, a new beer and/or
wine licensee or transferee may, with board authorization, be
sold beer and/or wine for the purpose of stocking the premises. No retail sale of beer and/or wine shall take place until the
applicant premises have been inspected by the board and the
liquor license is delivered.
(((5) Each retail licensee shall keep books and records
which will clearly reflect all financial transactions and the
financial condition of the business.
(6) Any retail licensee may maintain microfilm records containing reproductions (including microfiche) of any record, document, or report if first approved by the board. Request for approval shall be directed to the Washington state liquor control board and must include the following information:
(a) Records proposed to be reproduced.
(b) Reproduction process.
(c) Manner of preserving the reproduction.
(d) Facilities provided for examining or viewing such reproduction.
If the request is approved, the licensee shall provide for the examining, viewing and reproduction of such records the same as if they were the original records.
(7) If a retail licensee keeps records within an automatic data processing (ADP) system, the system must include a method for producing from punchcards or from other machine-sensible data media legible records that will provide the same information required of that type of record within this section. The ADP system is acceptable if it complies with the following guidelines:
(a) Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.
(b) Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.
(c) Has available a full description of the ADP portion of the accounting system. This should show the applications being performed, the procedures employed in each application and the controls used to ensure accurate and reliable processing.
(8) All spirits, beer and wine licensees in addition to the requirements of subsection (1) of this section shall at all times:
(a) Maintain records of all purchases for the premises, including liquor, food and supplies. The purchases supported by supplier invoices or signed vouchers are to be segregated as to type and recorded.
(b) Maintain records of all sales in the premises from all sources including liquor, food and miscellaneous items and service. Individual sales are to be recorded on sales slips or cash register tape in such a manner to indicate the source of revenue and the records are to be filed for future audit purposes. Sales segregated as to source of revenue are to be recorded.
(c) Preserve for a period of two years the records described in subsections (6), (7), and (8)(a) and (b) of this section.
(d) Make such periodic reports to the board covering purchases, sales and inventory of liquor, food and supplies as may be prescribed or requested by the board.
(e) Keep available for inspection and copying by the board and/or its accredited representatives all books and records relative to purchases, sales and inventories of liquor, food and supplies.))
[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-16-160, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 88-23-101 (Order 270, Resolution No. 279), § 314-16-160, filed 11/22/88; 87-04-017 (Order 210, Resolution No. 219), § 314-16-160, filed 1/27/87. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-17-022 (Order 109, Resolution No. 118), § 314-16-160, filed 8/9/82; Order 24, § 314-16-160, filed 6/28/73; Order 5, § 314-16-160, filed 8/7/69, effective 9/8/69; Rule 32, filed 6/13/63.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.Chapter 314-11 WAC
General Requirements for Licensees
NEW SECTION
WAC 314-11-005
What is the purpose of chapter 314-11 WAC?
Chapter 314-11 WAC outlines general requirements for liquor licensees, including:
(1) licensee areas of responsibility;
(2) restrictions against alcohol service to persons under twenty-one years of age and apparently intoxicated persons;
(3) persons under twenty-one years of age entering a restricted area;
(4) conduct on licensed premises;
(5) mandatory signs;
(6) hours of operation;
(7) keeping liquor on licensed premises; and
(8) record keeping requirements.
[]
(1) Liquor licensees are responsible for the operation of their licensed premises in compliance with the liquor laws and rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed or permitted by employees will be treated by the board as violations committed or permitted by the licensee.
(2) Licensees also have the responsibility to conduct their premises in compliance with the following laws, as they now exist or may later be amended:
| • | Titles 9 and 9A RCW, the criminal code laws; |
| • | Title 69 RCW, which outlines the laws regarding controlled substances; and |
| • | Titles 70.155 and 82.24 RCW, which outline laws regarding tobacco. |
(a) be disorderly or intoxicated on the licensed premises;
(b) permit any disorderly person to remain on the licensed premises;
(c) use or permit the use of language on the premises when there is a clear and present danger of disorderly conduct being provoked by such language;
(d) consume liquor of any kind while working on the licensed premises; except that:
(i) licensed beer or wine manufacturers and their employees may sample beer or wine for manufacturing, evaluating or pricing product, so long as the licensee or employee does not become apparently intoxicated; and
(ii) licensed wine manufacturers and their employees may take one sample from each newly opened bottle of wine of their own manufacture for quality control or consumer education purposes, so long as the licensee or employee does not become apparently intoxicated.
(e) engage in, or permit any employee or other person to engage in, conduct on the licensed premises which is prohibited by any portion of Titles 9, 9A, or 69 RCW; or
(f) sell or serve liquor by means of "drive-in" or by "curb service."
(4) Licensees have the responsibility to control the interaction between the licensee or employee and their patrons. At a minimum, licensees or employees may not:
(a) solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on the premises for the purpose of soliciting a patron;
(b) spend time or dance with, or permit any person to spend time or dance with, any patron for direct or indirect compensation.
(c) See WAC 314-11-050 for further guidelines on prohibited conduct.
[]
(1) Per RCW 66.44.270, licensees or employees may not supply liquor to any person under twenty-one years of age, either for his/her own use or for the use of any other person.
(2) Per RCW 66.44.310, licensees or employees may not allow persons under twenty-one years of age to remain in any premises or area of a premises classified as off-limits to persons under twenty-one. (See RCW 66.44.310 (1)(b) regarding nonprofit, private club licensees.)
(3) Upon the request of any law enforcement officer, a person must present a card of identification if the person is on a portion of a premises that is restricted to persons over twenty-one years of age, or if the person is purchasing liquor, attempting to purchase liquor, consuming liquor, or in the possession of liquor. If the person fails or refuses to present a card of identification it will be considered a violation of Title 66 RCW and:
(a) the person may not remain on the licensed premises after being asked to leave by a law enforcement officer; and
(b) the person may be detained by a law enforcement officer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.
[]
(1) Per RCW 66.16.040, following are the forms of identification that are acceptable to verify a person's age for the purpose of selling, serving, or allowing a person to posses or consume alcohol:
(a) liquor control authority card of identification of any state or province of Canada;
(b) 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 per RCW 46.20.117;
(c) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents;
(d) passport; and
(e) Merchant Marine identification card issued by the United States Coast Guard.
(2) In order for the identification to be acceptable to verify a person's age, it must:
(a) show the person's photo, date of birth, signature, and expiration date; and
(b) not be expired (except that an expired Washington driver's license card together with a current temporary paper license or a current expiration extension sticker is acceptable).
[]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 314-11-030
What if a person's identification meets the
legal requirements but I still have doubts about his or her age?
(1) Per RCW 66.20.190 and 66.20.210, if a patron presents proper identification as outlined in WAC 314-11-025 but the licensee or employee still has doubts about the patron's age, the licensee or employee may require the patron to sign a certification card. Certification cards are provided by the board.
(2) The certification card must be completely filled out and filed alphabetically by the licensee or employee by the close of business on the day used. Certification cards are subject to examination by any law enforcement officer.
[]
Per RCW 66.44.200, licensees or employees may not supply liquor to any person apparently under the influence of liquor, or allow an apparently intoxicated person to posses or consume liquor on the licensed premises.
[]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 314-11-040
What duties can an employee under twenty-one
years of age perform on a licensed premises?
A person must be twenty-one years of age or older to be employed in the sale, handling, or service of liquor, except as provided in this chapter.
(1) Per RCW 66.44.316, 66.44.318, 66.44.340, and 66.44.350,
persons between eighteen and twenty-one years of age may perform
the following duties:
| Duties 18, 19, and 20 years old employees may perform | Duties 18, 19, and 20 years old employees may not perform | |
| (a) In a grocery store or beer/wine specialty shop: | • Sell, stock, and handle beer and wine, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor; and | Supervise employees who sell, stock, or handle beer and/or wine. |
| • Deliver beer and/or wine to a customer's car with the customer. | ||
| (b) In an establishment that sells liquor for on-premises consumption: | • Take orders for,
serve, and sell
liquor in areas
classified as open
to persons under
twenty-one years
of age; and • Enter areas designated as off-limits to persons under twenty-one years of age to perform duties such as picking up liquor for service in other parts of the establishment; cleaning up, setting up, and arranging tables; delivering messages; serving food; and seating patrons; provided the employee does not remain in the area any longer than is necessary to perform the duties. |
Functions of a bartender,
including: • mixing drinks; • drawing beer or wine from a tap; • pouring beer or wine anywhere except at the patrons table; and • providing an employee spirits, beer by the pitcher or glass, or wine by the carafe or glass for delivery to a customer. |
(a) persons performing janitorial services during the hours when there is no sale, service, or consumption of liquor on the premises;
(b) employees of amusement device companies for the purpose of installing, maintaining, repairing, or removing any amusement device;
(c) security or law enforcement officers and fire fighters during the course of their official duties and if they are not the direct employees of the licensee; and
(d) professional musicians, per WAC 314-11-045.
[]
Per RCW 66.44.316 and 66.44.318, musicians, disk jockeys, and sound or lighting technicians paid by the licensee who are eighteen, nineteen, or twenty years of age may work in a licensed premises or a portion of a licensed premises that is restricted to persons twenty-one years of age or older, under the following conditions:
(1) The musicians must remain on the stage or bandstand during their performance, except:
(a) strolling musicians; and
(b) disk jockeys and sound and lighting technicians may remain in locations as required to actively support the professional musician or disk jockey.
(2) The musicians may not consume alcohol, and must have acceptable identification available for inspection at all times.
(3) The musicians are permitted on the licensed premises no more than one hour prior to the start of their performance and not more than one hour after, in order to properly set up and secure their equipment.
(4) During breaks, minor musicians may not remain in an area that is off-limits to persons under twenty-one years of age.
[]
| (1) Licensees may not allow, permit, or encourage employees (including him or herself) to: | (a) Be unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. |
| (2) Licensees may not allow, permit, or encourage any person (including him or herself) on the licensed premises to: | (a) Perform acts of or acts
which simulate, or use artificial
devices or inanimate objects
which depict; • sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; • the touching, caressing, or fondling of the breast, buttocks, anus or genitals; or • the displaying of the pubic hair, anus, vulva, or genitals. |
| (b) Show any film, still picture, electronic reproduction, or other visual reproduction that depicts pornography or a sexual act prohibited by law. | |
| (3) Licensees may not encourage any person on the licensed premises to: | (a) Expose to public view any portion of his or her genitals or anus; |
| (b) Touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person; or | |
| (c) Wear or use any device or covering that is exposed to view which simulates the breast, genitals, anus, pubic hair, or any portion thereof. | |
| (4) Licensees must ensure any entertainers on the licensed premises perform under the following guidelines: | (a) Entertainers may only expose their breast and/or buttocks if the performer(s) is on a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. |
| (b) Performers must be at least six feet away from the nearest patron. This restriction will not be applied to performances of traditional ethnic dancing, provided that all of the following conditions are met: | |
| (i) the dancers are compensated by the licensee; | |
| (ii) at all times, the licensee must maintain and have available for inspection by any liquor enforcement officer a list of all traditional ethnic dancers employed at the licensed premises. The list must be retained for a period of thirty days after termination of employment and must contain the following information for each dancer or entertainer: | |
| • true name and professional
or stage name, if any; • residence address and phone number; • terms of the agreement of employment; and • signature of both the licensee and the dancer or entertainer; |
|
| (iii) the traditional or ethnic dance performances will be those performed for the enjoyment of the general audience of the licensee and not for individual patrons. |
(6) Nothing in this rule is intended disallow local officials from adopting ordinances that are more restrictive than the requirements outlined in this rule.
(7) If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of the rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 314-11-055
What are the lighting requirements for a
licensed premises?
On all portions of the premises where alcohol is served or consumed, licensees must maintain sufficient lighting so that identification and patrons are clearly visible. At a minimum, the lighting must be sufficient to read print in eight point type.
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(1) Notices regarding persons under twenty-one years of age must be posted on the premises as follows:
| Type of licensee | Sign must contain the following language: | Required location of sign |
| Tavern licensees and spirits, beer, and wine licensees who do not allow persons under twenty-one years of age. | "Persons under twenty-one years of age not permitted on these premises." | Conspicuous location at each entry to premises. |
| Restaurants that do not permit persons under twenty-one years of age on a portion of their premises. | "Persons under twenty-one years of age not permitted in this area." | Conspicuous location at each entry to a restricted area. |
(2) Signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy, must be posted as follows:
| Type of premises | Required location of sign |
| Premises that serve alcohol for on-premises consumption (does not apply to self-service "mini-bars" in hotel guest rooms). | Posted in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area. |
| Airports, convention centers, sports facilities, and other licensed premises that have more than one authorized location for alcohol service and consumption. | Posted in a place that is clearly visible to the majority of patrons entering the liquor licensed portion of the premises. |
| Grocery store and beer/wine specialty shop licensees. | Posted at one or more of the following
locations: • at each permanent display area of shelving and at coolers displaying alcohol beverages; and/or • at the cash register(s) where alcohol is sold; and/or • at the main entrance to the licensed premises. |
| Breweries and wineries. | Posted in plain view at: • the main entrance to areas where alcohol is sold for off-premises consumption, and • at the main entrance to all tasting areas. |
(4) Tobacco signage provided by the board must be posted (as outlined in WAC 314-10-020 and WAC 314-10-030 as now or hereafter amended).
(5) Firearms prohibited signs provided by the board must be posted in each tavern and lounge (per RCW 9.41.300).
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(1) Licensees may only possess and allow persons to consume or possess the type of liquor permitted by the type of liquor license held on the premises; except:
(a) under authority of a banquet permit (see chapter 314-18 WAC);
(b) restaurant licensees may allow patrons to bring wine into the premises for consumption with a meal; and
(c) beer and/or wine only licensees may keep spirituous liquor on the premises for use in the manufacture of food products, provided that all food products manufactured contain one percent or less of alcohol by weight, and customers are made aware that the food products contain liquor.
(2) Licensees or employees may not permit the removal of liquor in an open container from the licensed premises, except:
(a) liquor brought on a licensed premises under authority of a banquet permit may be resealed in its original container and removed at the end of the banquet permit function;
(b) per RCW 66.24.320 and 66.24.400, wine that is sold with a meal may be recorked or resealed and removed from the premises; and
(c) liquor purchased by registered guests for consumption inside a hotel or motel room may be resealed in its original container and removed from the hotel or motel premises by the guest.
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(1) Between the hours of 2 a.m. and 6 a.m., licensees or employees may not:
(a) sell liquor,
(b) offer liquor for sale,
(c) deliver liquor,
(d) permit the removal of liquor from the premises, or
(e) allow liquor to be consumed on the premises.
(2) Persons working on the premises may possess liquor between the hours of 2 a.m. and 6 a.m. while in the performance of their official duties.
(3) A local government subdivision may fix later opening hours or earlier closing hours than those specified in this rule, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction. See WAC 314-12-215(3) for exceptions when a premises is in a board recognized alcohol impact area.
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Liquor licensees or employees may not:
(a) tamper, dilute, or fortify any bottle of spirituous liquor;
(b) sell or serve any spirituous liquor, beer, or wine other than ordered; or
(c) substitute a nonalcoholic beverage when an alcoholic beverage has been ordered (see WAC 314-11-035 regarding a licensee's responsibility to not serve liquor to an apparently intoxicated person).
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(1) Retail liquor licensees must sell beer, wine, and spirits to customers above the licensee's acquisition cost.
(2) An exception to this requirement is that licensees may give a customer a drink free of charge under limited circumstances, such as a customer's birthday or to compensate for unsatisfactory products or services. Free liquor may not be used in advertising or as part of a promotion.
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Per RCW 66.28.090, the following must be available to inspection at all times by the board and any law enforcement officer:
(1) The licensed premises and any premises connected physically or otherwise to the licensed business;
(2) Records as outlined in WAC 314-11-095; and
(3) Liquor on the licensed premises for the purpose of analyzing samples (the licensee will be given a receipt for any product removed from the premises for this purpose).
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Licensees are responsible to keep records that clearly reflect all financial transactions and the financial condition of the business.
(1) The following records must be kept on the licensed premises for two years, filed separately from all other records, and in consecutive order:
(a) purchase invoices and supporting documents, to include the items purchased, from whom the items where purchased, and the date of purchase; and
(b) bank statements for any accounts relating to the licensed business.
(2) The following records must be available for inspection by any liquor enforcement officer employed by the liquor control board, or by a law enforcement officer appointed by the board in writing for the purpose of administering or enforcing nay provisions of Title 66 RCW or Title 314 WAC:
(a) cancelled checks;
(b) accounting and tax records; and
(c) records of all financial transactions related to the licensed business.
(3) See the following rules for record keeping requirements specific to breweries and wineries: WACs 314-20-015(2), 314-20-050, 314-24-100, and 314-24-150.
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Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 314-11-100
Can the board or another government agency
seize liquor?
Under the provisions of RCW 66.08.030, liquor enforcement officers and other peace officers are authorized to seize, confiscate, destroy or otherwise dispose of any liquor that is manufactured, sold, or offered for sale within the state in violation of the provisions of Title 66 RCW and/or Title 314 WAC.
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(1) Per RCW 66.08.030(z), the board may destroy lawfully seized liquor under the following conditions:
(a) The board must maintain a record of the type, brand, and amount of liquor seized for at least one year.
(b) Liquor may be destroyed only after:
(i) The board's charges of a violation of Title 66 RCW or board regulations have been sustained after an administrative proceeding pursuant to chapter 314-04 or chapter 314-08 WAC as now or hereafter amended, in which the liquor to be destroyed has been the subject of, or evidence in, the administrative proceeding; or
(ii) The board's charges of a violation of Title 66 RCW or board regulations have been admitted or are not contested by the person from whom the liquor was seized and the liquor seized was the subject of the charged violation; or
(iii) Liquor was seized pursuant to lawful arrest and that liquor was held as evidence in a criminal proceeding where a final disposition has been reached; or
(iv) When no administrative or judicial proceedings are held, all parties who claim a right, title, or interest in the seized liquor have been given notice and opportunity for a hearing to determine his or her right, title, or interest in the subject liquor. Claims of right, title, or interest in seized liquor must be made to the board, in writing, within thirty days of the date of seizure.
(2) If the liquor lawfully seized is in its original, sealed container, the board may either:
(a) return the product to a state liquor store for discounted resale; or
(b) upon written request from a law enforcement agency, provide the liquor to the law enforcement agency for bona fide training.
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Under the provisions of chapter 66.32 RCW, government agencies may, after obtaining the approval of the board and under the supervision of the board, dispose of lawfully seized liquor as follows:
(1) The government agency may sell unopened, salable spirituous liquor, beer, and wine that was purchased from the board to the board under the following conditions:
(a) the government agency must provide the board with a listing of the liquor and make the liquor available for examination and review;
(b) the board will issue a purchase order for the liquor;
(c) when the government agency is from within the state of Washington and the liquor was originally purchased from the board, the board will pay the licensee price listed in the official board price list then in effect, less a handling charge of 13.5 percent.
(d) When the government agency is a federal agency, or when the government agency is from within the state of Washington but the liquor was not originally purchased from the board, or the liquor is no longer handled by the board, the board will pay a negotiated amount not to exceed ninety percent of the original approximate cost price from the distillery or manufacturer including federal tax and duty; and
(e) After receipt of the board purchase order, the government agency that is selling the liquor will invoice the board per the prices listed on the purchase order.
(2) The government agency may sell opened containers of lawfully seized liquor back to the spirits, beer, and wine restaurant licensee from whom seized, under the following conditions:
(a) the licensee is going out of business and the liquor will be used for the personal use of the licensee;
(b) the liquor must be sold at a negotiated price after the licensee pays the board an amount to be determined by the board in lieu of the spirit, beer, and wine restaurant discount and tax exemption in effect at that time: Provided, That if the licensee has not so purchased the opened bottles of liquor within the period of redemption, the liquor must be destroyed.
(3) The government agency may sell unopened beer and/or wine to the distributor selling the beer and/or wine at a negotiated price, per the procedures outlined in WACs 314-20-070 and WAC 314-24-210, as now or hereafter amended. Copies of the inventory and bill of sale must be furnished the board.
(4) The government agency may sell unopened salable wine and/or beer to appropriately licensed retailers at a negotiated price under the following conditions:
(a) the product must meet the quality standards set forth by its manufacturer, and
(b) copies of the inventory and bill of sale must be furnished the board.
(5) The government agency may ship the liquor out of the state of Washington.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.