WSR 25-12-117
PROPOSED RULES
LIQUOR AND CANNABIS
BOARD
[Filed June 4, 2025, 11:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 24-21-049.
Title of Rule and Other Identifying Information: Title 314 WAC; the Washington state liquor and cannabis board (board) is proposing amendments to the following sections of Title 314 WAC to address two petitions for rule making accepted in April 2023 and accepted in part in July 2023 regarding acceptable forms of identification for alcohol and cannabis customer age verification: WAC 314-01-005 Definitions, 314-11-025 What are the acceptable forms of identification?, 314-17-025 Does a permit holder have to carry his or her class 12 or 13 permit?, 314-17-110 May the board impose sanctions or penalties other than those described in WAC 314-17-105?, and 314-55-150 What are the acceptable forms of identification?
Hearing Location(s): On August 14, 2025, at 10:00 a.m. All public board activity will be held in a "hybrid" environment. This means that the public will have options for in-person or virtual attendance. The Boardroom at the Headquarters Building, 1025 Union Avenue, Olympia, WA 98504, will be open for in-person attendance. The public may also log in using a computer or device, or call in using a phone, to listen to the meeting through the Microsoft Teams application. The public may provide verbal comments during the specified public comment and rules hearing segments. TVW also regularly airs these meetings. Please note that although the boardroom will be staffed during the meeting, board members and agency participants may continue to appear virtually.
The board encourages those who would like to provide public comment to register in advance. Those who have not registered by 10:00 a.m. on the hearing date, or who arrive after the hearing has started, cannot be guaranteed the opportunity to speak.
For more information about providing verbal comments at rules public hearings, please visit https://lcb.wa.gov/laws/laws-and-rules.
Date of Intended Adoption: Not earlier than September 10, 2025.
Submit Written Comments to: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-704-5027, beginning June 4, 2025, 12:00 p.m., by August 14, 2025, 5:00 p.m.
Assistance for Persons with Disabilities: Contact Anita Bingham, ADA coordinator, human resources, phone 360-664-1739, fax 360-664-9689, TTY 711 or 1-800-833-6388, email anita.bingham@lcb.wa.gov, by August 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In April 2023, the board accepted a petition for rule making from a member of the public requesting to amend WAC 314-11-025 to add an additional form of identification issued by the United States government that satisfies the requirements of WAC 314-11-025 to the list of acceptable forms of identification in WAC 314-11-025(3). The petition exemplifies that WAC 314-11-025(3) does not contain an exhaustive list of forms of identification that are acceptable under WAC 314-11-025.
In July 2023, the board accepted in part a petition for rule making from a member of the public to replace references to an obsolete statute in WAC 314-01-005, 314-17-025, and 314-17-110 with WAC 314-11-025. Because both petitions address acceptable forms of identification regarding the sale, service, possession, and consumption of alcohol and cannabis, it was logical and cost-effective to combine these two petitions into a single rule-making project.
Reasons Supporting Proposal: Amendments on this subject are needed to modernize current rules.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor and cannabis board, governmental.
Name of Agency Personnel Responsible for Drafting: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, 360-480-7960; Implementation and Enforcement: Lawerence Grant, Director of Enforcement and Education, P.O. Box 43080, Olympia, WA 98504, 360-664-1726.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The proposed amended rules do not qualify as a significant legislative rule requiring a cost-benefit analysis under RCW
34.05.328(5). The board is not a listed agency under RCW
34.05.328 (5)(a)(i), so the cost-benefit analysis requirements in RCW
34.05.328 are not applicable to the proposed rules unless voluntarily applied or made applicable by the joint administrative rules review committee under RCW
34.05.328 (5)(a)(ii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Explanation of exemptions: Proposed rule amendments provide clarification of existing rules and correct outdated statutory references in rules.
Scope of exemption for rule proposal:
Is fully exempt.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The rule amendments do not impose any significant regulatory burden on licensees, but instead corrects outdated statutory references and clarifies two qualifying identification types for purchase of cannabis or purchase, consumption, or service of alcohol.
June 4, 2025
Jim Vollendroff
Board Chair
OTS-6062.1
AMENDATORY SECTION(Amending WSR 01-06-016, filed 2/26/01, effective 3/29/01)
WAC 314-01-005Definitions.
The following definitions apply to Title 314 WAC. Additional definitions are in RCW
66.04.010.
(1) "Licensed premises" or "premises" means all areas of a premises under the legal control of the licensee and available to or used by customers and/or employees in the conduct of business operations. Specific alcohol consumption areas of a licensed premises shall be approved by the board.
(2) "Card of identification" means the forms of identification that are acceptable to verify a person's age per ((
RCW 66.16.040))
WAC 314-11-025.
(3) "Employee" means any person performing services on a licensed premises for the benefit of the licensee.
(4) "Liquor enforcement officers" means any individual designated as a liquor enforcement officer by the board, and any peace officer as defined by RCW
9A.04.110(15) as it now exists or may later be amended.
(5) "Liquor" means beer, wine, or spirits ((
(per RCW 66.04.010(19) - Definitions)))
as defined in RCW 66.04.010.
RDS-6011.2
AMENDATORY SECTION(Amending WSR 19-17-089, filed 8/21/19, effective 9/21/19)
WAC 314-11-025((What are the))Acceptable forms of identification((?)).
(1) Acceptable forms of identification 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 driver's license, instruction permit, or identification card of any state, province of Canada, 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;
(c) A passport, passport card, Global Entry card, Permanent Resident card (commonly known as a "green card"), or NEXUS card;
(d) A Merchant Marine identification card issued by the United States Coast Guard; or
(e) An enrollment card issued by the governing authority of a federally recognized Indian tribe, if the enrollment card incorporates reasonable security features sufficient to deter counterfeiting, which may include features similar to those used by the department of licensing for standard Washington driver's licenses.
(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.
OTS-6063.1
AMENDATORY SECTION(Amending WSR 10-12-124, filed 6/2/10, effective 7/3/10)
WAC 314-17-025((Does a))Requirement for permit holders((have)) to carry ((his or her))their class 12 or 13 permit((?)).
(1) Any time a licensee or an employee performs the duties outlined in WAC 314-17-015 at a retail licensed premises, a licensee or an employee must have:
(a) ((His or her))Their class 12 or 13 permit on the retail licensed premises; and
(b) One form of identification (see ((
RCW 66.16.040))
WAC 314-11-025 for acceptable forms of identification).
(2) Both a class 12 or 13 permit and a form of identification must be available for inspection by any representative of the board, peace officer or law enforcement officer.
(3) A person shall be in violation if ((he or she falsifies))they falsify a class 12 or 13 permit or keeps or possesses a class 12 or 13 permit contrary to the provisions of this title.
(4) The name and personal identifying characteristics on a class 12 or 13 permit must match with those on a permit holder's form of identification.
AMENDATORY SECTION(Amending WSR 10-12-124, filed 6/2/10, effective 7/3/10)
WAC 314-17-110((May the board impose))Sanctions or penalties ((other than))beyond those described in WAC 314-17-105((?)).
(1) Based on aggravating or mitigating circumstances, the board may impose a different penalty or suspension than the standard penalties and suspensions described in WAC 314-17-105.
(2) Examples of aggravating and mitigating circumstances include, but are not limited to:
(a) | Examples of aggravating circumstances that may cause a more severe penalty: | (b) | Examples of mitigating circumstances that may allow a less severe penalty: |
• | Patron's identification not checked; | • | Permit holder checked one of the acceptable forms of identification (see (( RCW 66.16.040)) WAC 314-11-025); |
• | Noncooperation with or obstruction of any law enforcement officer; | • | Cooperation with law enforcement officer(s); |
• | Permit holder did not call law enforcement officer when requested by a customer or a board employee. | • | Permit holder used a licensee certification card (see RCW 66.20.190). |
RDS-6413.1
AMENDATORY SECTION(Amending WSR 22-14-111, filed 7/6/22, effective 8/6/22)
WAC 314-55-150((What are the))Forms of acceptable identification((?))for purchasing cannabis.
(1) Following are the forms of identification that are acceptable to verify a person's age for the purpose of purchasing cannabis:
(a) Driver'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 "identicard" issued by the Washington state department of licensing per RCW
46.20.117;
(b) 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) Passport, passport card, Globel Entry card, Permanent Resident card (commonly known as a "green card"), or NEXUS card;
(d) Merchant Marine identification card issued by the United States Coast Guard; and
(e) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington driver's licenses.
(2) The identification document is not acceptable to verify age if expired.
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.