Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-24-112.

     Title of Rule: Chapter 314-11 WAC, General requirements for liquor licensees.

     Purpose: Chapter 314-11 WAC was rewritten in March of 2001, and the agency has found that several technical changes are needed for clarification. In addition, the agency proposing to amend WAC 314-11-025 to add that a valid drivers license issued by a territory of the United States is adequate for age verification purposes. Currently the rule indicates that a drivers license from any state or from any province of Canada are acceptable, which does not cover United States territories such as Guam and Puerto Rico.

     Statutory Authority for Adoption: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44292 [66.44.292], 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350.

     Summary: The proposed changes would have the following effects: (1) Chapter 314-11 WAC was rewritten in March of 2001, and the agency has found that several technical changes are needed for clarification. (2) In addition, the agency proposing to amend WAC 314-11-025 to add that a valid drivers license issued by a territory of the United States is adequate for age verification purposes. Currently the rule indicates that a drivers license from any state or from any province of Canada are acceptable, which does not cover United States territories such as Guam and Puerto Rico.

     Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, (360) 664-1648; Implementation and Enforcement: Rick Phillips, Enforcement Director, 3000 Pacific Avenue S.E., Olympia, (360) 664-1780.

     Name of Proponent: Washington State Liquor Control Board, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This chapter was completely rewritten in March of 2001, and the below-described changes are being proposed for clarification.

     Proposal Changes the Following Existing Rules:

•     Amend WAC 314-11-015(2) to add a law regarding youth access to tobacco to the list of laws licensees must follow.

•     Amend WAC 314-11-020(3) to change one word for clarification: From "On the request of any law enforcement officer, a person must present a card of identification...." to "At the request of any law enforcement officer..."

•     Amend WAC 314-11-025 to add that a valid drivers license issued by a territory of the United States is adequate for age verification purposes. Currently the rule indicates that a drivers license from any state or from any province of Canada is acceptable, which does not cover United States territories such as Guam and Puerto Rico. Staff also propose to add a subsection to this rule to clarify our current policy of allowing punched drivers licenses for age verification purposes, so long as the punch is not through an identifying piece of information.

•     Amend WAC 314-11-030 to clarify that licensees can obtain license certification card from the agency's enforcement and education division.

•     Amend WAC 314-11-035 to make the title consistent with the text of the rule, adding the following italicized word to the title: "What are the rules regarding sales to apparently intoxicated persons?"

•     Amend WAC 314-11-040 to clarify that there is no minimum age requirement for an employee of a grocery store or a beer/wine specialty shop to deliver beer or win to a customer's car with the customer (current language is confusing).

•     Amend WAC 314-11-045 to clarify that the restrictions placed on musicians in the rule apply to musicians under twenty-one years of age.

•     Amend WAC 314-11-060(3) regarding removing liquor from a licensed premises, to add language regarding a bill passed last legislative session that allows spirits, beer, and wine restaurant licensees to sell their own private label wine to go.

•     Amend WAC 314-11-065(2) to clarify that an on-premises licensee can remove liquor from his/her premises to cater an approved event.

•     Amend WAC 314-11-070 regarding the prohibition of sales between 2 a.m. and 6 p.m. to clarify that distributors can deliver product to retail licensees during these hours.

•     Amend WAC 314-11-072 to clarify that a licensed premises must be open to the general public whenever liquor is sold, served, or consumed (this language was accidentally deleted).

•     Clarify language in WAC 314-11-095 regarding recordkeeping and add a requirement that licensees maintain records of services received that relate to the licensed business (currently the rule requires licensees to keep records for goods purchases related to the licensed business, but does not mention services), and records related to the true party or parties of interest in the liquor license.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No disproportionate impact to small businesses.

     RCW 34.05.328 does not apply to this rule adoption. The Washington State Liquor Control Board is not a listed agency in RCW 34.05.328.

     Hearing Location: Liquor Control Board, Liquor Distribution Center, 4401 East Marginal Way South, Seattle, WA, on March 14, 2002, at 9 a.m.; at the Shilo Inn, Sacheen Room, East 923 Third Avenue, Spokane, WA, on March 15, 2002, at 9:30 a.m.; and at the Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on March 20, 2002, at 10 a.m.

     Assistance for Persons with Disabilities: Contact Teresa Berntsen by March 13, 2002, TDD (360) 586-4727, or (360) 664-1648.

     Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, fax (360) 664-9689, by March 27, 2002.

     Date of Intended Adoption: April 3, 2002.

February 6, 2002

Merritt D. Long

Acting Chair

     (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, and RCW 26.28.080 which outline laws regarding tobacco.

     (3) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times. Except as otherwise provided by law, licensees or employees may not:

     (a) Be disorderly or intoxicated on the licensed premises;

     (b) Permit any disorderly person to remain on the licensed premises;

     (c) Engage in or allow behavior that provokes conduct which presents a threat to public safety;

     (d) Consume liquor of any kind while working on the licensed premises; except that:

     (i) Licensed beer manufacturers and their employees may sample beer of their own manufacture for manufacturing, evaluating or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated;

     (ii) Licensed wine manufacturers and their employees may:

     (A) Sample wine for manufacturing, evaluating, or pricing product, so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public; and

     (B) Sample 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 by a patron.

     (c) See WAC 314-11-050 for further guidelines on prohibited conduct.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-015, filed 2/26/01, effective 3/29/01.]

     (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) ((On)) At 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.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-020, filed 2/26/01, effective 3/29/01.]

     (a) Liquor control authority card of identification of any U.S. state, territory, or protectorate or of any province or territory of Canada;

     (b) Driver's license, instruction permit, or identification card of any U.S. state, territory, or protectorate or of any province or territory 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).

     (c) A driver's license that is punched is acceptable to verify a person's age, provided it is not punched through the person's photo, date of birth, signature, or expiration date.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-025, filed 2/26/01, effective 3/29/01.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

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's enforcement and education division.

     (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.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-030, filed 2/26/01, effective 3/29/01.]

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-035, filed 2/26/01, effective 3/29/01.]

     (1) Per RCW 66.44.340 and RCW 66.44.350, persons between eighteen and twenty-one years of age may perform the following duties:

	Duties 18, 19, and 20 year((s)) old employees may perform, as long as there is a person twenty-one years of age or older on duty supervising the sale of liquor	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 (there is no minimum age requirement for an employee of a grocery store or a beer/wine specialty shop to 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.

     (2) Per RCW 66.44.316 and RCW 66.44.318, the following persons that are eighteen, nineteen, or twenty years of age may remain on licensed premises or portions of premises that are restricted from persons under twenty-one years of age, but only during the course of his or her employment:

     (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.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-040, filed 2/26/01, effective 3/29/01.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 01-06-014, filed 2/26/01, effective 3/29/01)

WAC 314-11-045   Can musicians under twenty-one years of age entertain on a licensed premises that is restricted to persons twenty-one or older?   Per RCW 66.44.316 and 66.44.318, musicians, ((disk)) disc 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 eighteen, nineteen, or twenty year-old musicians must remain on the stage or bandstand during their performance, except:

     (a) Strolling musicians; and

     (b) ((Disk)) Disc jockeys and sound and lighting technicians may remain in locations as required to actively support the professional musician or ((disk)) disc jockey.

     (2) The eighteen, nineteen, or twenty year-old musicians may not consume alcohol, and must have acceptable identification available for inspection at all times.

     (3) The eighteen, nineteen, or twenty year-old 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 their performance, in order to properly set up and secure their equipment.

     (4) During breaks, ((minor)) the eighteen, nineteen, or twenty year-old musicians may not remain in an area that is off-limits to persons under twenty-one years of age.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-045, filed 2/26/01, effective 3/29/01.]

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.

     The board will provide the required notices, or licensees may design their own notices as long as they are legible and contain the required language.

     (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.

     (3) The premises' current and valid master license with appropriate endorsements must be conspicuously posted on the premises and available for inspection by liquor enforcement officers.

     (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).

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-060, filed 2/26/01, effective 3/29/01.]

     (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) For on-premises liquor licenses, the ((L)) licensee((s)) 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 RCW 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((.)); and

     (d) Liquor removed from a licensed premises that holds a caterer's endorsement, for the purpose of catering an approved event.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-065, filed 2/26/01, effective 3/29/01.]

     (a) Sell liquor,

     (b) Offer liquor for sale,

     (c) Deliver liquor (except that beer and/or wine distributors may deliver beer and/or wine to retail licensees between the hours of 2 a.m. and 6 a.m.),

     (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.

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-070, filed 2/26/01, effective 3/29/01.]

     (1) The following records must be available for inspection by an employee of the liquor control board, or by a person appointed in writing by the board for the purposes of administering or enforcing any provisions of Title 66 RCW or Title 314 WAC:

     (a) Purchase invoices and supporting documents, to include the items and/or services purchased, from whom the items ((where)) were purchased, and the date of purchase;

     (b) Bank statements and cancelled checks for any accounts relating to the licensed business;

     (((c) Cancelled checks;))

     (((d))) (c) Accounting and tax records related to the licensed business and each true party of interest in the liquor license; and

     (((e))) (d) Records of all financial transactions related to the licensed business, including contracts and/or agreements for services performed or received that relate to the licensed business.

     (2) See the following rules for record keeping requirements specific to breweries and wineries: WAC 314-20-015(2), WAC 314-20-050, WAC 314-24-100, and WAC 314-24-150 (as now or hereafter amended).

[Statutory Authority: RCW 66.08.030, 66.28.100, 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, and chapter 66.44 RCW. 01-06-014, § 314-11-095, filed 2/26/01, effective 3/29/01.]

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