WSR 12-14-040

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed June 27, 2012, 10:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-07-058.

Title of Rule and Other Identifying Information: New chapter 314-31 WAC, Compliance checks.

Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on August 8, 2012, at 10:00 a.m.

Date of Intended Adoption: August 15, 2012.

Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by August 8, 2012.

Assistance for Persons with Disabilities: Contact Karen McCall by August 8, 2012, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Compliance checks have been performed by law enforcement agencies for many years. This has been a standard enforcement practice. The board plans to adopt state rules to conduct compliance checks based on language in RCW 66.44.290 involving minors purchasing alcohol.

Reasons Supporting Proposal: Creating rules around alcohol compliance checks alleviates the conflict in legal interpretation surrounding language in RCW 66.44.290.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.44.290.

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, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is to clarify RCW 66.44.290.

A cost-benefit analysis is not required under RCW 34.05.328.

June 27, 2012

Sharon Foster

Chairman

OTS-4829.1

Chapter 314-31 WAC

COMPLIANCE CHECKS


NEW SECTION
WAC 314-31-005   Liquor compliance checks.   (1) The Washington state liquor control board authorizes enforcement officers and investigative aides working with enforcement officers to conduct liquor compliance checks at any location where alcohol is sold, served or provided.

(2) Investigative aides working at the direction of enforcement officers during a liquor compliance check are considered agents of the Washington state liquor control board.

(3) Violations involving a licensee, its employee, or a member of the public that result from a liquor compliance check are subject to criminal arrest and/or administrative action by the liquor control board.

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NEW SECTION
WAC 314-31-015   What are the guidelines for liquor compliance checks?   Enforcement officers conducting liquor compliance checks must comply with the following conditions:

(1) An investigative aide must:

(a) Be at least eighteen years of age and under twenty-one years of age;

(b) Transfer any physical evidence to the enforcement officer(s) at the conclusion of each compliance check during which alcohol is acquired; and

(c) Complete a written statement on a form provided by the enforcement officer(s) at the conclusion of each compliance check during which alcohol is acquired.

(2) During a compliance check, an investigative aide may not:

(a) Be directly related to the enforcement officer(s) conducting the compliance check; or

(b) Possess any funds other than the funds provided by the agency for the compliance check.

(3) An enforcement officer shall photograph the investigative aide prior to conducting a compliance check. At least one photograph shall be taken of the investigative aide's face and at least one photograph shall be taken of the investigative aide from head to toe.

(4) An investigative aide is not required to possess identification during a compliance check, provided that if identification is possessed during the compliance check, the identification must be the investigative aide's lawfully issued identification.

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Washington State Code Reviser's Office