LIQUOR AND CANNABIS
[Filed August 21, 2019, 10:30 a.m., effective September 21, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The revised rules allow consideration of tribal enrollment cards from federally recognized Indian tribes located outside of Washington as acceptable forms of identification to verify a person's age for alcohol sales, service, consumption, and possession. The revisions include language that clarifies requirements for all acceptable identification types.
Citation of Rules Affected by this Order: Amending WAC 314-11-025 What are the acceptable forms of identification?
Statutory Authority for Adoption: RCW 66.08.030
and chapter 66.44
Adopted under notice filed as WSR 19-13-039 on June 12, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: August 21, 2019.
AMENDATORY SECTION(Amending WSR 18-08-094, filed 4/4/18, effective 5/5/18)
WAC 314-11-025What are the ((forms of)) acceptable forms of identification?
(1) ((Following are the))Acceptable forms of identification ((that are acceptable)) to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol must include:
(a) The identification holder's photo;
(b) The identification holder's date of birth; and
(c) The identification holder's signature, except on federally issued identification where a visible signature is not required.
(2) If the identification has an expiration date, it cannot be used to verify age after the expiration date.
(3) Acceptable forms of identification include:
(a) A d
river's license, instruction permit, or identification card of any state, ((or
)) province of Canada, ((from a
)) U.S. territory,
or the District of Columbia, or an
"identicard" issued by the Washington state department of licensing per RCW 46.20.117
(b) A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents((, which may include an embedded, digital signature in lieu of a visible signature));
(c) A passport, passport card, or NEXUS card;
(d) A Merchant Marine identification card issued by the United States Coast Guard; ((and))or
(e) An enrollment card issued by the governing authority of a federally recognized Indian tribe ((located in Washington)), if the enrollment card incorporates reasonable security features ((comparable))sufficient to deter counterfeiting, which may include features similar to those ((implemented))used by the department of licensing for standard Washington driver's licenses.
(((2) If the identification document has an expiration date, a person may not use the document after the expiration date to verify his or her age.))
(i) An enrollment card must be approved by the board's enforcement division prior to use as an acceptable form of identification. The tribe may request approval by submitting the following for review and inspection:
(A) A letter requesting approval and describing the security features of the enrollment card;
(B) A physical sample of an enrollment card; and
(C) For tribes located outside of Washington, a contact phone number where enforcement officers may call at any time to verify the validity of the enrollment card.
(ii) After review and inspection, the board's designee will send a letter approving or denying the enrollment card as an acceptable form of identification.
(iii) The board may rescind approval if the enrollment card no longer meets the requirements of this section.