PROPOSED RULES
Supplemental Notice to WSR 00-17-182.
Preproposal statement of inquiry was filed as WSR 00-01-198.
Title of Rule: Chapter 314-13 WAC, Mandatory alcohol server training.
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. Proposed chapter 314-13 WAC would replace chapter 314-14 WAC, which outlines how a person receives a mandatory alcohol server training permit, and how a person can become certified to provide alcohol server training.
Statutory Authority for Adoption: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.
Statute Being Implemented: RCW 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.
Summary: RCW 66.20.300 through 66.20.350 set up a mandatory alcohol server training program. These laws require persons who serve or supervise the service of alcohol for on-premises consumption to hold one of two permits, as outlined in this chapter. Proposed chapter 314-03 WAC outlines how a person receives these permits, and how a person can become certified to provide alcohol server training.
Changes from the rules originally proposed by WSR 00-17-182 are described in Explanation of Rule, below.
Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43080, Olympia, WA 98504-3080, (360) 664-1648; Implementation 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 not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: RCW 66.20.300 through 66.20.350 set up a mandatory alcohol server training program. These laws require persons who serve or supervise the service of alcohol for on-premises consumption to hold one of two permits, as outlined in this chapter. Proposed chapter 314-03 WAC would replace chapter 314-13 WAC. The WACs outline how a person receives these permits, and how a person can become certified to provide alcohol server training.
Proposal Changes the Following Existing Rules: The proposed rules would replace chapter 314-14 WAC, and would make the following changes:
| • | Proposes that a Class 13 permit holder can fill in for a Class 13 permit holder for up to thirty consecutive days. The current rules allow for up to two consecutive working days. |
| • | Clarifies what it means to have "temporary certification" as a provider, and clarifies the requirements for temporary certification (deletes the requirement that, in order for a course to be considered for temporary certification, it must be a "nationally recognized" course). |
| • | Clarifies the course standards for Class 12 mixologist and Class 13 server permit providers (some of the standards are currently set by policy). |
| • | Clarifies that the video portion of an alcohol server training class that is allowed by law includes videotapes and video via computer (such as Internet applications or CD-ROMs). Reiterates that the test must be done in the presence of a trainer. |
| • | Clarifies and adds to the standards for a person to become a certified alcohol server training provider. Adds a requirement that the applicant must be trained on the course material they are to present. Places the Enforcement and Education Division's current policy on criminal history background checks for applicant trainers into rule. |
| • | States that a person whose application to become a trainer is denied by enforcement because of a criminal history can request a hearing for reconsideration. |
| • | Clarifies the procedures for when a provider or trainer issues a permit in error (currently in policy). |
| • | Clarifies what records providers and trainers have to provide to the board, as opposed to what records simply need to be kept on their premises and available to the board if requested. |
| • | Doubles the monetary options for the standard penalty guidelines. |
| • | Describes examples of aggravating and mitigating circumstances for proposed violations for permit holders (currently set by policy). |
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, 300 Pacific Avenue S.E., Olympia, WA, on December 6, 2000, at 9:30 a.m.
Assistance for Persons with Disabilities: Contact Teresa Berntsen by December 5, 2000, 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) 664-9689, by December 11, 2000.
Date of Intended Adoption: December 13, 2000.
October 27, 2000
Eugene Prince
Chair
The following chapter of the Washington Administrative code
is repealed:
| Chapter 314-14 WAC | Alcohol server training program |
MANDATORY ALCOHOL SERVER TRAINING
[NEW SECTION]WAC 314-13-005
What is the purpose of this chapter?
(1) RCW 66.20.300 through RCW 66.20.350 set up a mandatory alcohol server training program. These laws require persons who serve or supervise the service of alcohol for on-premises consumption to hold one of two permits, as outlined in this chapter.
(2) This chapter outlines how a person receives these permits, and how a person can become certified to provide alcohol server training.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-010
Definitions.
The following definitions are to clarify the purpose and intent of the rules and laws governing mandatory alcohol server training. Additional definitions are in RCW 66.04.010 and 66.20.300.
(1) A "permit holder" is a person who holds either a Class 12 mixologist or a Class 13 server permit. The permit is the property of the permit holder, and can be used at any liquor licensed establishment.
(2) A "provider" is an individual, partnership, corporation, college, educational institute, or other bona fide legal entity that the board certifies to provide a board approved alcohol server education course (per RCW 66.20.300). The provider is a training entity.
(3) A "trainer" is an individual employed or authorized by a provider to conduct an alcohol server education course. Upon the successful completion of the course, the student will receive a Class 12 mixologist or Class 13 server permit from the trainer.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-015
What are the two types of alcohol server
training permits?
There are two types of permits for persons who serve alcohol for on-premises consumption, or who supervise the sale of alcohol for on-premises consumption:
| (1) Per RCW 66.20.310, a Class 12 mixologist permit is required for liquor licensees or their employees who: | (2) Per RCW 66.20.310, a Class 13 server permit is required for persons who: |
| (a) manage a premises licensed to sell alcohol beverages for on-premises consumption; | (a) take orders for alcohol beverages to be consumed on-premises; |
| (b) act as a bartender for selling or mixing alcohol beverages which may include spirits, beer, and/or wine for on-premises consumption; and/or | (b) deliver alcohol beverages to customers for consumption on-premises; and/or |
| (c) draw beer and/or wine from a tap and/or spirits from a dispensing device at an establishment licensed to sell liquor for on-premises consumption. | (c) open and/or pour beer or wine into a customer's glass at the customer's table. |
| (d) A Class 12 mixologist permit holder must be at least twenty-one years of age. | (d) A class 13 server permit holder must be at least eighteen years of age. |
| (e) A Class 12 mixologist permit includes the authority to act as a server, under the Class 13 server permit. | |
| (f) See RCW 66.20.310(7) for exceptions for employees of grocery stores that have an on-premises liquor license. |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-020
How long are the permits good for, and how
does a permit holder renew?
(1) Class 12 mixologist and Class 13 server permits are valid for five years. The permits expire on the first day of the month, five years following the month the person successfully completed the alcohol server education course.
(2) In order to renew the permit, the mixologist or server must attend an alcohol server education course given by a board certified trainer or provider.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-025
Do permit holders have to carry their permit
with them?
(1) Any time a licensee or employee is performing the duties outlined in WAC 314-13-015, the person must have:
(a) their Class 12 mixologist or Class 13 server permit on the premises, and
(b) one piece of identification (acceptable forms of identification are outlined in RCW 66.16.040).
(2) Both the permit and the identification must be available for inspection by any law enforcement officer.
(3) It will be considered a violation of this section for any person to:
(a) falsify a Class 12 mixologist or a Class 13 server permit; or
(b) keep or possess a Class 12 mixologist permit or a Class 13 server permit contrary to the provisions of this title.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-030
Are employers responsible to ensure that
their employees hold an alcohol server permit?
All licensees who hold a license to sell liquor for on-premises consumption must ensure that any person that engages in the sale or service of liquor, or who supervises such activities, has a current and valid Class 12 mixologist or Class 13 server permit within sixty days of the date of hire. See RCW 66.20.310(7) for exceptions for grocery stores that have an on-premises liquor license.
(1) The permit must be in the same name and with the same identifying characteristics as indicated on the permit holder's identification (acceptable forms of identification are outlined in RCW 66.16.040).
(2) Per WAC 314-16-070(1), a person twenty-one years of age or older must be on the licensed premises to supervise the sale, service, and consumption of liquor.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-035
How are lost permits replaced?
To replace a lost Class 12 mixologist or Class 13 server permit, the permit holder can:
(1) contact the provider or trainer who issued the permit; or
(2) submit an affidavit of lost permit on a form provided by the board to the enforcement and education division with a fee as prescribed by the board. The board will cancel the lost permit and issue a replacement permit.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-040
Can Class 13 server permit holders upgrade
to a Class 12 mixologist permit when they turn twenty-one?
Class 12 mixologist permits are only issued to persons twenty-one years of age or older. Therefore, any eighteen, nineteen, or twenty year-old person who successfully completes a Class 12 mixologist class will be issued a Class 13 server permit.
(1) Upon turning twenty-one years of age, the server may contact the provider or trainer who issued the permit and receive an upgraded Class 12 mixologist permit.
(2) The expiration date of the permit will remain five years from the date of the original class.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-045
How do I get a Class 12 mixologist or a
Class 13 server permit in Washington if I was trained in another
state?
(1) Per RCW 66.20.320(10), if you have completed an alcohol server education course in another state since July 1, 1993, and the course is also certified in Washington State, you may receive a Class 12 mixologist or a Class 13 server permit in Washington by completing the provider's Washington State supplement to the program. This supplement will cover Washington State liquor laws and regulations. (You can contact the board's enforcement and education division to find out if the course you completed is certified in Washington.)
(2) The provider will issue you a Washington State permit, which will expire five years from the first day of the month following the date the original class was taken. (For example, if you completed the program in another state on June 15, 1996, the Washington permit will expire on July 1, 2001.)
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-050
How can a person receive certification as a
Class 12 mixologist or Class 13 server permit provider?
An individual, partnership, corporation, college, educational institute, or other bona fide legal entity may apply to be certified by the board to become a Class 12 mixologist and/or a Class 13 server permit provider.
(1) In order to get a course certified, the proposed provider must submit the following information to the board's enforcement and education division:
(a) a completed application form provided by the board;
(b) a copy of the proposed curriculum (see WAC 314-13-060);
(c) a copy of all audio, video, and instructional materials that will be used in the course;
(d) a copy of all printed materials that will be provided to participants as part of the course; and
(e) a copy of the examination(s) and explanation of the examination procedures necessary to pass the course.
(2) The board's enforcement and education division will respond to the request for certification within forty-five days of receipt of the material. The board will either:
(a) issue a letter of certification which will be valid for five years, or
(b) provide a letter outlining what additions or changes need to be made to the course to meet the requirements outlined in this title. If the additions or changes are not received by the enforcement and education division within thirty days, the application for course certification will be withdrawn.
(3) The board or its designee may attend any class provided by certified providers and their trainers at no charge, in order to evaluate the course for conformance with this title.
(4) The provider must receive prior approval from the board's enforcement and education division before making any changes to the course content or method of presentation which has been certified by the board.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-055
Temporary certification as a provider.
(1) Persons or entities may apply for temporary certification by the board to become a Class 12 mixologist and/or a Class 13 server permit provider. Temporary certification may be issued by the board for up to six months. During this time period, the provider may adjust their course content or method of presentation without prior board approval, within the guidelines set by the board's enforcement and education division in the temporary certification.
(2) In order to get a course certified, the proposed provider must submit the information outlined in WAC 314-13-050(1).
(3) The board's enforcement and education division will evaluate the program to see if it meets the minimum standards set by RCW 66.20.300 through 66.20.350, and will respond to the request for temporary certification within forty-five days of receipt of the material. The board will either:
(a) issue a letter of temporary certification which will be valid for up to six months, or
(b) provide a letter outlining what additions or changes need to be made to the course to meet the requirements outlined in this title. If the additions or changes are not received by the enforcement and education division within thirty days, the application for temporary certification will be withdrawn.
(4) The board or its designee may attend any class provided by certified providers and their trainers at no charge in order to evaluate the course for conformance with this title. If, in the opinion of the board or their designee, the provider does not comply with the lesson plan submitted and approved or any of the requirements of this title, the temporary certification may be immediately revoked.
(5) If permanent certification is not obtained during the six month temporary certification period, at the end of the temporary certification period, the provider must return the following materials to the board's enforcement and education division:
(a) the original letter of board certification,
(b) any Class 12 mixologist and/or Class 13 server permit forms, and
(c) records of all permits issued during the temporary certification period.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-060
What are the course standards for Class 12
mixologist and Class 13 server permits?
| (1) Requirements for a Class 12 mixologist permit course | (a) The course of instruction must be at least three hours in length. The course may be by video or audio-visual presentation ("video" includes via videotape or via computer, including Internet applications and CD-ROMS). |
| (b) In addition to meeting the requirements of RCW 66.20.320 (1)(d), the course must contain a standard workbook that covers the specifics of Washington liquor laws and regulations as they relate to: | |
| (i) recognizing and dealing with intoxicated persons, | |
| (ii) how to check identification, | |
| (iii) employment of persons under twenty-one years of age, | |
| (iv) legal hours of liquor sale and service, | |
| (v) prohibited conduct by patrons and employees, | |
| (vi) required signs in liquor licensed establishments, | |
| (vii) minimum lighting requirements, and | |
| (viii) administrative and criminal sanctions against liquor licensees and Class 12 and Class 13 permit holders. | |
| (2) Requirements for a Class 13 server permit course | (a) The course of instruction must be at least one hour in length. The course may be by video or audio-visual presentation of not less than thirty minutes together with facilitation by an authorized provider or trainer, or a sixty-minute self teaching video ("video" includes via videotape or via computer, including Internet applications and CD-ROMS). |
| (b) In addition to meeting the requirements of RCW 66.20.320 (1)(d), the course must contain a standard workbook that covers the specifics of Washington liquor laws and regulations as they relate to: | |
| (i) recognizing and dealing with intoxicated persons, | |
| (ii) how to check identification, | |
| (iii) employment of persons under twenty-one years of age, | |
| (iv) legal hours of liquor sale and service, | |
| (v) prohibited conduct by patrons and employees, and | |
| (vi) administrative and criminal sanctions against licensees and Class 13 server permit holders. | |
| (3) Requirements and guidelines for both Class 12 mixologist and Class 13 server permit courses | (a) At the beginning of each class, the
trainer must give each student: (i) an enrollment agreement that clearly states the obligations of the trainer and student, refund policies, and procedures to terminate enrollment; |
| (ii) a statement that says, "If you have questions, comments, or complaints about the program, please call the liquor control board" and includes the appropriate board telephone numbers; and | |
| (iii) a notice that students must complete the course in order to take the exam. | |
| (b) Students must complete a written examination in the presence of the certified trainer that demonstrates the student is familiar with the liquor laws and rules outlined in subsections (2) and (3) of this rule. During the examination, trainees may not to refer to any written or video material or have a discussion with another person during the exam (unless the instructor authorizes the student to use an interpreter). | |
| (c) Providers or trainers may not suggest that the state of Washington, the board, or any state agency endorses or recommends the provider's program to the exclusion of any other program. |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
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 314-13-065
How does a provider receive certification
for its trainers?
(1) To receive board certification for trainers to teach a course approved by the board, the provider must submit a form provided by the board to the board's enforcement and education division.
(2) The provider will only contract with trainers who:
(a) have a minimum of two years of post-secondary education in one or more of the following fields or a combination of the following fields, or equivalent years of experience:
(i) training;
(ii) education;
(iii) law;
(iv) law enforcement;
(v) substance abuse rehabilitation; and/or
(vi) hospitality industry.
(b) hold a Class 12 mixologist permit; and
(c) meet the criminal history requirements outlined in WAC 314-13-070.
(3) The board's enforcement and education division will respond to the request for trainer certification within thirty days of receipt of the request. The board will either:
(a) issue a letter to the provider and each trainer that authorizes the trainer(s) to teach the approved course (the trainer's authorization expires on the date the provider's certification expires); or
(b) send a letter to the provider outlining why an applicant trainer does not meet the qualifications outlined in this title.
(c) Trainers may not begin training certified alcohol server education courses until they receive their authorization letter from the board.
(4) It is the responsibility of the approved provider to keep the board's enforcement and education division informed of all current trainers.
(a) The provider must notify the board's enforcement and education division within seventy-two hours of the termination of trainer, or within seventy-two hours of when the provider is notified that a trainer has terminated their employment.
(b) For the hiring of new trainers, the provider can either:
(i) notify the board's enforcement and education division in writing of any new trainers within thirty days of the date of hire; or
(ii) provide a list of all current trainers to the board's enforcement and education division monthly.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-070
What criminal history would prevent a person
from receiving certification to be a trainer?
(1) The board's enforcement and education division may process a criminal history check on a person applying to be an alcohol server education trainer, using a point system to determine if the person qualifies. The enforcement and education division will not certify a trainer who accumulates eight or more points as indicated below:
| Description | Time period during which points will be assigned | Points the board will assign |
| Gross misdemeanor conviction | Three years | 5 points |
| Misdemeanor conviction - involving alcohol | Three years | 4 points |
| Misdemeanor conviction - not involving alcohol | Three years | 3 points |
| Driving under the influence conviction | Three years | 5 points |
| Reckless and/or negligent driving conviction - alcohol related | Three years | 5 points |
| Reckless and/or negligent driving conviction - not alcohol related | Three years | 4 points |
| Hit and run, attended - conviction | Three years | 5 points |
| Two to five failures to appear for court conviction | Three years | 4 points |
| Six or more failures to appear for court conviction | Three years | 8 points |
| Felony conviction | Five years | 12 points |
| On parole from a felony | Five years | 8 points |
| Nondisclosure of arrests or convictions to the board | Any arrest or conviction since age eighteen | 4 points each, PLUS the points of the fact which was not disclosed |
| Misrepresentation of fact to the board | 8 points, PLUS the points of the fact which was not disclosed |
(3) Persons whose applications to become an alcohol server education trainer are denied by the enforcement and education division to due a criminal history may request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW). At the board's discretion it may elect to conduct the adjudicative hearing itself or it may assign the matter to the office of administrative hearings.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
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 314-13-075
How does a provider or trainer get Class 12
mixologist and Class 13 server permits to issue to course
participants?
(1) Authorized providers and trainers of certified programs may order Class 12 mixologist and Class 13 server training permits from the board's enforcement and education division, to issue to students who successfully complete an approved course (see WAC 314-13-080(3) regarding eighteen, nineteen, and twenty year-old students who complete a Class 12 mixologist course).
(2) The permits must be ordered on a form provided by the board. The board will charge a nominal fee in order to cover its costs to produce the permits.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-080
What are the age requirements for trainees
to receive Class 12 mixologist and Class 13 server permits?
(1) Class 12 mixologist permits are only issued to persons twenty-one years of age or older. Therefore, any person who is eighteen, nineteen, or twenty years of age who successfully completes a Class 12 mixologist course will be issued a Class 13 server permit.
(2) Class 13 server permits may only be issued to persons eighteen years of age and older.
(3) Upon turning twenty-one years of age, a Class 13 server permit holder may receive an upgraded Class 12 mixologist permit from the provider or trainer who issued the permit. The expiration date of the permit will remain five years from the date of the class.
(4) If a provider or trainer issues a Class 12 mixologist permit in error to a person under twenty-one years of age, the provider or trainer must take the following steps:
(a) contact the permit holder and notify him/her that they received the incorrect permit;
(b) obtain the original Class 12 mixologist permit from the permit holder; and
(c) issue the correct Class 13 server permit (only after receiving the original Class 12 mixologist permit that was issued in error).
(d) Within thirty days of the date the permit was issued in error, or of being notified by the board of the error, the provider or trainer must:
(i) provide the tear-off portion of the corrected Class 13 server permit to the board's enforcement and education division; or
(ii) if unable to contact the permit holder and issue a corrected permit, the provider or trainer can provide the board's enforcement and education division proof that a certified letter was sent to the trainee who received the Class 12 mixologist permit in error.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-085
What records does the provider or trainer
need to provide to the board or keep on file?
(1) Within thirty days of all training classes, the provider or trainer must submit the tear-off portion of the permit form for all Class 12 and/or Class 13 permits issued to the board's enforcement and education division.
(2) The following information must be kept at the trainer's place of business, available for inspection and copying by board employees, for a period of five years:
(a) copies of all Class 12 and/or Class 13 permits issued by the provider or authorized trainers; and
(b) all course presentation information, including the location, date, and time of every class given together with the name of the trainer and name of students that attended each class.
(3) The provider or trainer must provide the following information to the board or its designee upon request:
(a) advance notice of any classes that have been pre-scheduled; and
(b) copies of program publications, brochures, pamphlets, scripts, or any other advertising materials related to the alcohol server training course.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-090
Prohibited conduct by providers and
trainers.
No provider or trainer will:
(1) make any material false or misleading statement to induce or prevent board actions;
(2) falsify, alter, or tamper with alcohol server training permits or records;
(3) prohibit or interfere with on-site observations by the board or its staff, or fail to assist the board or its staff in scheduling these observations.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-095
Is the provider responsible for the acts of
its trainers?
The board may hold a provider responsible for any act or omission of the provider's program personnel, authorized trainers, or representatives that violates any law or rule affecting provider privileges.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-100
What are the penalties if provider or a
trainer violates a liquor law or regulation?
Following are the penalties for a provider or trainer that violates any of the provisions of RCW 66.20.300 through 66.20.350 or any of the requirements of chapter 314-13 WAC (except for providers with temporary certification, see WAC 314-13-055(4)):
| (1) First violation | (a) The provider or trainer will receive a
notice of intended suspension/revocation of the
board's certification or authorization. (b) This notice will give the provider and/or trainer thirty days to correct any violations. (c) If the problem is rectified, no further action will be taken. |
| (2) First violation not resolved and/or second violation occurs | (a) The board will suspend its approval and
certification of the provider and/or trainer for up
to six months. (b) A monetary penalty of up to five hundred dollars may be imposed in lieu of suspension. (c) Prior to lifting the suspension or accepting a monetary penalty, the provider and/or trainer must correct the problem(s) which caused the proposed suspension. |
| (3) Successive violations within a two-year period | The board may cancel or suspend the approval and certification of the provider and/or trainer for up to five years. |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-105
What are the penalties if a permit holder
violates the liquor laws?
(1) Penalties assessed within three year period will normally be as follows:
| Violation Type | 1st Violation | 2nd Violation | 3rd Violation | 4th Violation |
| AFTER HOURS: Selling, serving, or allowing alcohol to be consumed between 2 a.m. and 6 a.m. See WAC 314-16-050. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| DISORDERLY CONDUCT: Disorderly conduct by the licensee or employee, or allowing patrons to engage in disorderly conduct. See WAC 314-16-120. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| INTOXICATED PERSONS: Selling or serving to an apparently intoxicated person or allowing such a person to posses or consume alcohol. See RCW 66.44.200 and WAC 314-16-150. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| LEWD CONDUCT: Allowing lewd conduct on the licensed premises. See WAC 314-16-125. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| MISCELLANEOUS: Violation of other retail liquor laws or rules. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| MINORS: Selling or serving alcohol to a person under twenty-one years of age. See RCW 66.44.310 and WAC 314-16-150. | 5 day permit suspension OR $200 monetary option | 10 day permit suspension OR $400 monetary option | 30 day permit suspension OR $600 monetary option | revocation of permit |
| MINORS: Allowing persons under twenty-one years of age to frequent a restricted premises or area. See RCW 66.44.310 and WAC 314-16-150. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option |
revocation of permit |
| OBSTRUCTING AN OFFICER: Obstructing a law enforcement officer, or failure to allow an inspection. See RCW 66.28.090. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| OTHER VIOLATION OF LAWS: Conviction of liquor laws, DUI or felony. | 5 day permit suspension OR $100 monetary option | revocation of permit | ||
| PERMIT: Failure to produce permit and/or ID upon request. See RCW 66.20.310(2) and WAC 314-13-025. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
| PRIVATE CLUBS: Prohibitions involving club liquor and use by the general public. See WAC 314-40-010. | 5 day permit suspension OR $100 monetary option | 10 day permit suspension OR $200 monetary option | 30 day permit suspension OR $400 monetary option | revocation of permit |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The spelling 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 314-13-110
Can the board impose sanctions or penalties
other than those indicated in WAC 314-13-105?
(1) Based on aggravating or mitigating circumstances, the board may impose a different penalty or suspension than the standard penalties and suspensions outlined in WAC 314-13-105.
(2) Examples of aggravating and mitigating circumstances include, but are not limited to:
| (a) Examples of aggravating circumstances: | (b) Examples of mitigating circumstances: |
| • Patron's identification
not checked; • Non-cooperation with or obstructing any law enforcement officer; • Permit holder did not call law enforcement officer when requested by a customer or a board employee. |
• Permit holder
checked one of the
acceptable forms of
identification (per
RCW 66.16.040); • Cooperation with law enforcement officer(s); • Permit holder used a licensee certification card (see RCW 66.20.190). |
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
[NEW SECTION]WAC 314-13-115
Can a Class 12 or Class 13 permit holder
work on a licensed premises while his/her permit is suspended?
(1) During a suspension period, permit holders may work on a liquor licensed premises provided they are not involved in any way in the sale or service of alcohol.
(2) No permit is required to be a cashier, receptionist, cook, or custodian.
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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.