WSR 15-13-057
[Filed June 10, 2015, 10:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-01-092.
Title of Rule and Other Identifying Information: WAC 314-02-057 Definitions and 314-02-058 Sports/entertainment facility licensesOperating plans.
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on July 29, 2015, at 10:00 a.m.
Date of Intended Adoption: August 12, 2015.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail, fax (360) 664-9689, by July 29, 2015.
Assistance for Persons with Disabilities: Contact Karen McCall by July 29, 2015, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board was asked by stakeholders to open the rule making to look at possible revisions to the rules to explore additional allowances under the license. Revisions have been made to provide clarity to the rules and allow additional areas of alcohol consumption under the sports/entertainment facility license.
Reasons Supporting Proposal: The revisions provide clarity to licensees holding the sports/entertainment facility license.
Statutory Authority for Adoption: RCW 66.24.570, 66.08.030.
Statute Being Implemented: RCW 66.24.570.
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: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Chief Enforcement, 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. A small business economic impact statement was not required.
A cost-benefit analysis is not required under RCW 34.05.328.
June 10, 2015
Jane Rushford
AMENDATORY SECTION (Amending WSR 11-01-133, filed 12/21/10, effective 1/21/11)
WAC 314-02-057 Definitions.
(1) Premises - Buildings, parking lots, and any open areas that are adjacent to and owned, leased, or managed by the licensee and under the licensee's control.
(2) Event categories - Types of events that the licensee expects to hold on the premises:
(a) Professional sporting event - A contest involving paid athletes and sanctioned by a professional sports organization that regulates the specific sport.
(((i) A preapproved level of alcohol service will be applied to the professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events (relay races, dashes, pole vaulting, etc.).
(ii) For all other professional sporting events, the board will determine the level of alcohol service on a case-by-case basis, as approved in the operating plan.))
(b) Amateur sporting event - A contest or demonstration involving athletes who receive no monetary compensation that is sanctioned by a national or regional amateur athletic regulatory organization.
(c) Entertainment event - A concert((,)) involving a live musician, a live comedy act, or similar event intended for the entertainment of the audience. Broadcast television or background videos or music does not qualify as live entertainment.
(d) Special event - A convention, trade show, or other ((public/private event to large too be held in a separate banquet or meeting room within the facility)) like public event with prior approval.
(e) Private event - An event not open to the public such as a wedding, private party, or business meeting, where the facility or a portion of the facility where the event is held is not accessible to the general public during the time of the private event.
(3) Hawking - The practice of selling alcohol in seating areas by roving servers who carry the beverages with them, as outlined in WAC 314-02-058(4). Because of row seating arrangements, servers normally do not have direct access to customers. Therefore, service usually requires that drinks, money, and identification be passed down rows, involving other spectators.
(4) Club seats - A specifically designated and controlled seating area that is distinct from general seating with food and beverage service provided by servers directly to the customer.
AMENDATORY SECTION (Amending WSR 11-01-133, filed 12/21/10, effective 1/21/11)
WAC 314-02-058 Sports/entertainment facility licenses—Operating plans.
(1) What ((rules)) requirements govern the submission of operating plans?
(a) To receive a license, a sports/entertainment facility must submit an operating plan for board approval.
(b) Once approved, the plan remains in effect until the licensee requests a change or the board determines that a change is necessary due to demonstrated problems or conditions not previously considered or adequately addressed in the original plan.
(c) The plan must be submitted in a format designated by the board.
(d) The plan must contain all of the following elements:
(i) How the sports/entertainment facility will prevent the sale and service of alcohol to persons under twenty-one years of age and those who appear to be intoxicated.
(ii) The ratio of alcohol service staff and security staff to the size of the audiences at events where alcohol is being served. The minimum ratio allowed is one staff person to fifty attendees at the event.
(iii) Training provided to staff who serve, regulate, or supervise the service of alcohol. Mandatory alcohol server training is required for all staff.
(iv) The facility's policy on the number of alcoholic beverages that will be served to an individual patron during one transaction. Two alcoholic beverages is the maximum number allowed to be sold and served to an individual patron during one transaction.
(v) An explanation of the alcoholic beverage containers that will be used to ensure they are significantly different from containers utilized from nonalcoholic beverages.
(((v))) (vi) A list of event categories (see WAC 314-02-057(2)) to be held in the facility at which alcohol service is planned, along with a request for the level of alcohol service at each event.
(((vi))) (vii) The date must be included in the operating plan.
(((vii))) (viii) The pages must be numbered in the operating plan.
(((viii))) (ix) The operating plan must be signed by a principal of the licensed entity.
(e) Prior to the first of each month, the licensee must provide a schedule of events for the upcoming month to the facility's local liquor enforcement office. This schedule must show the date and time of each event during which alcohol service is planned. The licensee must notify the local enforcement office at least seventy-two hours in advance of any events where alcohol service is planned that were not included in the monthly schedule. Notice of private events is not required when the event is being held in conjunction with a professional or amateur sporting event, an entertainment event, or a special event as outlined in WAC 314-02-057(2).
(2) May the liquor control board impose any other mandatory standards as a part of an operating plan? Yes. To prevent persons who are under twenty-one years of age or who appear intoxicated from gaining access to alcohol, the board may impose the following standards as part of an operating plan:
(a) The board may require that an operating plan include additional mandatory requirements if it is judged by the board that the plan does not effectively prevent violations of liquor laws and regulations, particularly those that prevent persons under twenty-one years of age or who are apparently intoxicated from obtaining alcohol.
(b) To permit alcohol servers to establish the age of patrons and to prevent over-service, sports/entertainment facilities must meet minimum lighting requirements established by WAC 314-11-055 in any area where alcohol is served or consumed. For the purpose of establishing a permanent technical standard, an operating plan may include a lighting standard measured in foot candles, so long as the candle power of the lighting is, at all times, sufficient to permit alcohol servers to establish the validity of documents printed in eight point type.
(3) Where will spirits, beer, and wine be allowed in a sports/entertainment facility? The purpose of the following matrix is to outline where and when alcohol service will normally be permitted. Due to the unique nature of each facility, the board will determine the permitted alcohol service based on the facility's approved operating plan.
(a) If alcohol service is requested outside of the parameters listed below, a special request with justification for the alcohol service area must be submitted with the operating plan for consideration by the board.
Type of event
as defined in WAC 314-02-057
Beer, wine, and spirits may be sold and served in approved restaurants, lounges, private suites, and club rooms
Beer, wine, and spirits may be sold and served in temporary lounges, beer gardens, or other approved service areas
Spirits, beer, and wine may be served and consumed in club seats during events
Beer and wine may be consumed throughout seating areas during events
Hawking - beer may be served throughout seating areas, subject to the provisions of WAC 314-02-058(4)
Professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events
All other professional sporting events including WWE, UFC, rodeo, motorcross, national auto racing, and monster truck events (level of alcohol service will be determined on a case-by-case basis per the approved operating plan)
Amateur sporting events (nonpaid athletes)
Entertainment events
Special events (trade shows, conventions)
(b) For private events, beer, wine, and spirits may be served in the area where the event is held. This area may be a separate meeting or banquet room or the entire facility.
(c) In order to minimize youth access to alcohol, the board may prohibit or restrict the service of alcohol at events where the attendance is expected to be over thirty percent persons under twenty-one years of age. This restriction will not apply to the professional sporting events outlined in WAC 314-02-057 (2)(a).
(4) Will hawking be allowed at sports/entertainment facilities? Subject to the provisions of this rule, hawking may be permitted in general seating areas for the sale and consumption of beer, at the professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events only, as defined by WAC 314-02-057 (2)(a).
(a) An operating plan must include procedures for hawkers to verify the age of purchasers and to prevent service to apparently intoxicated persons.
(b) During hawking, any patron may decline to handle alcoholic beverages, either on behalf of themselves and for any person under their supervision. When a patron objects to handling alcohol, hawkers must accommodate the objection. The facility operating plan will address how hawking will be managed, including how hawkers will respond to patron objections to handling alcohol.
(((c) Each facility's hawking authorization will be reviewed by the board one year after the facility commences hawking under these rules and then every two years. This review, which will take no more than ninety days, will recommend the continuation, modification, or repeal of the hawking authorization. The decision to continue hawking will be based on:
(i) The facility's demonstrated record of preventing service of liquor to persons under twenty-one years of age and to persons who appear intoxicated; and
(ii) Public input submitted to the board. The licensee must post written notices to its patrons at fixed points of alcohol sales on the premises and in programs at events where hawking occurs for at least sixty days prior to the review period, stating that the facility's hawking authorization is up for review by the board, and directing comment to the board. The wording and method of notice must be approved by the board.))