Preproposal statement of inquiry was filed as WSR 10-07-034.
Title of Rule and Other Identifying Information: Chapter 314-40 WAC, Clubs.
Hearing Location(s): Washington State Liquor Control Board, 3000 Pacific Avenue S.E., Olympia, WA 98504, on July 7, 2010, at 10:00 a.m.
Date of Intended Adoption: July 14, 2010.
Submit Written Comments to: Karen McCall, 3000 Pacific Avenue S.E., Olympia, WA 98504, e-mail firstname.lastname@example.org, fax (360) 664-9689, by July 7, 2010.
Assistance for Persons with Disabilities: Contact Karen McCall by July 7, 2010, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As part of the liquor control board's on-going rules review process, chapter 314-40 WAC was reviewed for relevance, clarity, and accuracy. Rules to implement Interim Board Policy #01-2010 was also part of this rule making.
Reasons Supporting Proposal: The existing rules included language that is no longer relevant and needed to be revised.
Statutory Authority for Adoption: RCW 66.08.030, 66.24.450.
Statute Being Implemented: RCW 66.24.450.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor control board, governmental.
Name of Agency Personnel Responsible for Drafting: Karen McCall, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1615; and Enforcement: Pat Parmer, Chief Enforcement, 3000 Pacific Avenue S.E., Lacey, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal does not change the impact on liquor licensees or stakeholders.
A cost-benefit analysis is not required under RCW 34.05.328.
May 26, 2010
WAC 314-40-005 Definitions. "Guest" means a person who is granted access to the privileges of a club through a temporary membership card issued for fourteen consecutive days.
"Member" means a person who is approved for club membership only after having submitted a written application and been investigated and been approved by ballot.
"Visitor" means a nonmember who is granted access to the privileges of a club based on a prearranged invitation from a bona fide member. Invitations occurring at the point of entry to the premises do not qualify.
[Statutory Authority: RCW 66.08.030 and 66.98.070. 82-13-069 (Order 107, Resolution No. 116), § 314-40-010, filed 6/16/82; Order 23, § 314-40-010, filed 7/3/73; Rule 103, filed 6/13/63.]
(2) The constitution, bylaws and/or house rules shall provide, among other things:
(a) That all classifications of members must be admitted
on)) after written application and only after
investigation and ballot. Such admissions must be duly
recorded in the official minutes of a regular meeting;
(b) Standards of eligibility for members;
(c) Limitation on the number of members consistent with the nature of the organization or club;
(d) That not more than twelve honorary members be admitted in any one calendar year, and that nonresident and associate members be restricted to numbers consistent with the nature of the organization or club;
(e) Reasonable initiation fees and dues consistent with the nature and purpose of the organization or club;
(f) The period for which dues shall be paid and the date upon which this period shall expire;
(g) Reasonable regulations for the dropping of members for the nonpayment of dues;
(h) Strict regulations for the government of organization or club rooms and quarters generally consistent with its nature and character;
(i) That organization or club rooms and quarters must be under the supervision of a manager and house committee, which committee shall be appointed by the governing body of the organization or club;
(j) Provisions for visitors and for the issuance and use of guest and courtesy cards in accordance with WAC 314-40-040.
[Statutory Authority: RCW 66.08.030. 93-11-028, § 314-40-030, filed 5/10/93, effective 6/10/93; Order 19, § 314-40-030, filed 8/10/72; Rule 105, filed 6/13/63.]
(a) For clubs located within the limits of any city or town, only to those persons residing outside of an area ten miles from the limits of such city or town;
(b) For clubs located outside of any city or town only to those persons residing outside an area fifteen miles from the location of such club: Provided, That where such area limitation encroaches upon the limits of any city or town, the entire corporate limits of such city or town shall be included in the prohibited area;
(c) Such)) are intended for invited guests residing outside of the immediate area.
(a) Guest cards shall be issued no more than three times
per year for a period not to exceed ((
two weeks)) fourteen
consecutive days, and must be numbered serially, with a record
of the issuance of each such card to be filed in a manner as
to be readily accessible to the agents of the board;
(d) Mileage restrictions in (a) and (b) of this
subsection shall not apply to)) (b) Contestants in golf or
tennis tournaments conducted on the grounds of a licensed club
will be considered a visitor for the day(s) of the event.
(2) Visitors may be introduced when accompanied at all
times by a member, who is not an on duty employee, and may
remain as long as such member is present in the club((
Provided, That)). Any such visitor may only enjoy the
privileges of the club (( a reasonable number of)) six times in
any one calendar year.
(3) Persons who are members in good standing of a
national veterans organization may enjoy the privileges of any
licensed club affiliated with any national veterans
organization, and persons who are members in good standing of
a national fraternal organization may enjoy the privileges of
any club affiliated with that particular national fraternal
: Provided, That)) if the bylaws of such clubs
authorize reciprocal privileges(( : Provided further, That)).
Subsections (1) and (2) of this section shall not apply to
members of such organizations.
(4) Persons who are members in good standing of
organizations licensed as private nonfraternal clubs may enjoy
the privileges of other licensed nonfraternal clubs((
Provided, That)) if the bylaws of such clubs authorize
reciprocal privileges(( : Provided further, That)).
Subsections (1) and (2) of this section shall not apply to
members of such clubs.
(5) Courtesy cards may be issued to the adult members of the immediate family of any member with or without charge upon application being made to the club by the member.
(6) In order to recruit new members and build club
membership, a private club may hold a public membership
function for ((
one)) two days per calendar year where club
liquor may be given or sold to those attending as a part of
the membership drive activities. The function must be
advertised as a membership drive (( and may not be held in
conjunction with any other nonclub activity or event)).
Membership drives may not be held on consecutive days.
(7) A person issued a guest card by the club manager pursuant to subsection (1) of this section may introduce visitors into the club provided:
(a) The visitors are accompanied at all times by the sponsoring guest card holder;
(b) The visitors remain in the club only as long as the sponsoring guest card holder is present; and
(c) The house rules or bylaws of the club provide guest
card holders the privilege of introducing visitors into the
; and, such house rules or bylaws have been filed with
the liquor control board)).
[Statutory Authority: RCW 66.08.030. 95-16-030, § 314-40-040, filed 7/21/95, effective 8/21/95; 88-07-060 (Order 239, Resolution No. 248), § 314-40-040, filed 3/16/88; 88-01-016 (Order 235, Resolution No. 244), § 314-40-040, filed 12/8/87; 86-07-013 (Order 177, Resolution No. 186), § 314-40-040, filed 3/11/86. Statutory Authority: RCW 66.08.030 and 66.98.070. 85-06-020 (Order 152, Resolution No. 161), § 314-40-040, filed 2/27/85; 82-04-028 (Order 92, Resolution No. 101), § 314-40-040, filed 1/27/82; Rule 106, filed 6/13/63.]
(2) After initial licensure, house rules and bylaws shall be submitted to the board whenever changes are made. A copy of the house rules and/or bylaws must be available for inspection by any law enforcement officer or agent of the board during any premises check of the club.
(3) In addition to WAC 314-40-040 visitor records with date and time and sponsoring member must be kept for a minimum of two years.
(4) In addition to WAC 314-40-040 guest records must contain the full name, date of birth, and address of the guest receiving the temporary membership card.
[Rule 107, filed 6/13/63.]
(2) Where the physical setup of the club rooms or
quarters renders it practical so to do, such portion of the
club premises shall be a room or rooms devoted solely to such
service and capable of being entirely closed from the
remainder of the club rooms or quarters. Bona fide members
may possess and consume their own ((
liquor)) alcohol, as
authorized by the club's license type, at any time and in any
part of the club premises as permitted under the bylaws and/or
house rules of the club, provided such bylaws and/or house
rules have been filed with the board and except in those
portions of the club where nonclub events or public events are
If the club rents any portion of the club rooms or
quarters for any purpose other than a strictly club purpose,
or holds any function within the club rooms or quarters to
which the public generally is invited or admitted, then such
portion devoted to liquor service must be closed to the public
generally and no one admitted therein, except bona fide
members, bona fide visitors and bona fide guests. If such
portion cannot be so closed, then no such liquor service
whatever shall be permitted within the club rooms or quarters
during the entire time when such nonclub activity is taking
place or while the public generally is permitted within the
club rooms or quarters.)) Any portion of a private club must
be closed to the general public when liquor is sold, served,
During events that are open to the general public, members, guests, and/or visitors, may not possess alcohol in areas that are open to the general public.
(4) A club may conduct outside one-time events not to exceed twelve per calendar year for club members provided that:
(a) A request is submitted in writing by the licensee or designee at least five business days before the event which includes a clearly defined site plan of the outside area and the date, time, and type of event. Approval must be received prior to the event.
(b) The licensee must have lease hold rights to the outside area where the one-time event is being held. The outside area is adjacent and/or contiguous to the actual licensed premises, must not be across public right of ways, and must be enclosed with a barrier a minimum of forty-two inches in height. This area will be considered restricted and all minor restrictions under RCW 66.44.310 will apply.
(c) All liquor must be prepared, served, and consumed inside the outside service area; persons with liquor may not leave the outside service area. An employee(s) shall be stationed inside the outside service area at all times.
(d) Sufficient lighting must be maintained under WAC 314-11-055.
[Statutory Authority: RCW 66.08.030. 88-08-056 (Order 246, Resolution No. 255), § 314-40-080, filed 4/5/88; Rule 110, filed 6/13/63.]
(a) Each event must have a sponsoring member from the club.
(b) Each visitor and/or guest may only attend the event by invitation of the sponsoring member(s).
(c) Event may not be open to the general public.
(d) At least seventy-two hours prior to any nonclub event, the sponsoring member, or any club officer, must provide to the board: The date, time, and location of the event, the name of the sponsor of the event, and a brief description of the purpose of the event.
(e) A list of all invited guests and visitors must be available for inspection during the nonclub event.
(2) Under RCW 66.24.450, the board may issue an endorsement allowing the holder of a spirits, beer, and wine private club license to sell bottled wine for off-premises consumption.
(a) Spirits and beer may not be sold for off-premises consumption.
(b) Bottled wine may only be sold to members, visitors, and guests defined under WAC 314-40-005. Bottled wine may not be sold to the general public.