[Filed October 8, 2025, 11:26 a.m., effective November 8, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: In April 2023, the liquor and cannabis board (LCB) 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 exemplified that WAC 314-11-025(3) does not contain an exhaustive list of forms of identification that are acceptable under WAC 314-11-025. This rule amendment adds forms of identification to verify a person's age for alcohol in WAC 314-11-025 and for cannabis in WAC 314-55-150. These two forms are the Global Entry Card and the Permanent Resident Card (commonly known as a "green card").

In July 2023, LCB 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.

Citation of Rules Affected by this Order: Amending WAC 314-01-005, 314-11-025, 314-17-025, 314-17-110, and 314-55-150.

Statutory Authority for Adoption: RCW 66.08.030 (alcohol), 66.20.330 (alcohol servers), 66.98.070 (alcohol), 69.50.342 (cannabis), and 69.50.345 (cannabis).

Adopted under notice filed as WSR 25-12-117 on June 4, 2025.

Changes Other than Editing from Proposed to Adopted Version: For the final rules (CR-103P), LCB added the following sentence to rule language to WAC 314-11-025(4) for alcohol and WAC 314-55-150(3) for cannabis stating the following regarding compliance with other applicable state laws:

Licensees must comply with all applicable state laws, including chapter 49.60 RCW, in the course of their operation. This rule does not authorize distinction or differential treatment on the basis of any protected class listed in RCW 49.60.030(1).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 5, Repealed 0.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 5, 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 5, Repealed 0.

Date Adopted: October 8, 2025.

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.

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.

(4) Licensees must comply with all applicable state laws, including chapter 49.60 RCW, in the course of their operation. This rule does not authorize distinction or differential treatment on the basis of any protected class listed in RCW 49.60.030(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).

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.

(3) Licensees must comply with all applicable state laws, including chapter 49.60 RCW, in the course of their operation. This rule does not authorize distinction or differential treatment on the basis of any protected class listed in RCW 49.60.030(1).

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.