WSR 98-18-095
PROPOSED RULES
LIQUOR CONTROL BOARD
[Filed September 2, 1998, 11:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-12-089.
Title of Rule: 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?.
Purpose: To outline the penalties for Class 12 or 13 mandatory alcohol server training permit holders who violate the liquor laws.
Statutory Authority for Adoption: RCW 66.08.030.
Statute Being Implemented: RCW 66.20.079, 66.20.340.
Summary: The Liquor Control Board has, by policy, published penalty guidelines for holders of mandatory alcohol servers permits. The agency believes this policy should be converted into rule form.
Name of Agency Personnel Responsible for Drafting: Jan Britt, P.O. Box 43075, Olympia, WA 98504-3075, (360) 753-6270; Implementation and Enforcement: Gary Gilbert, P.O. Box 43075, Olympia, WA 98504-3075, (360) 753-6270.
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: The Liquor Control Board has, by policy, published penalty guidelines for holders of mandatory alcohol servers permits. The agency believes this policy should be converted into rule form.
The penalty guidelines were created in order to:
Provide a measure of equal treatment to all mandatory alcohol server training permit holders; and
Prevent violations by informing permit holders of the consequences of failing to perform according to legal requirements.
Proposal Changes the Following Existing Rules: Amend WAC 314-16-170 to outline the normal penalties for Class 12 or 13 permit holders who violate the liquor laws. Currently the rule states the board may suspend or revoke such a permit.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No 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, Fifth Floor, 1025 East Union Avenue, Olympia, WA 98501, on October 14, 1998, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by October 13, 1998, TDD (360) 586-4727, or (360) 586-1641.
Submit Written Comments to: Teresa Berntsen, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504-3080, fax (360) 664-9689, by October 14, 1998.
Date of Intended Adoption: October 15, 1998.
September 1, 1998
Nathan S. Ford, Jr.
Chair
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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