(1)
(a) Liquor licensees are responsible for the
operation of their licensed premises in compliance with the liquor laws and
rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed
or permitted by employees will be treated by the board as violations committed
or permitted by the licensee.
(b)
The penalties for violations of liquor laws or rules are in: WAC
314-29-015
through
314-29-035,
as now or hereafter amended, for licensees; and WAC
314-17-105
and
314-17-110,
as now or hereafter amended, for employees who hold mandatory alcohol server
training permits. These rules also outline aggravating and mitigating
circumstances that may affect what penalty is applied if a licensee or employee
violates a liquor law or rule.
(2) Licensees and their employees also have
the responsibility to conduct the licensed premises in compliance with the
following laws, as they now exist or may later be amended:
* Titles 9 and 9A RCW, the criminal code laws;
* Title 69 RCW, which outlines the laws regarding controlled
substances; and
* Chapters 70.155, 82.24 RCW, and
RCW
26.28.080 which outline laws regarding
tobacco.
(3) Licensees have
the responsibility to control their conduct and the conduct of employees and
patrons on the premises at all times. Except as otherwise provided by law,
licensees or employees may not:
(a) Be
disorderly or apparently intoxicated on the licensed premises;
(b) Allow any disorderly person to remain on
the licensed premises;
(c) Engage
in or allow behavior that provokes conduct which presents a threat to public
safety;
(d) Consume liquor of any
kind while working on the licensed premises; except that:
(i) Entertainers per WAC
314-02-010 may drink
while performing under the following conditions:
(A) Alcohol service must be monitored by MAST
servers;
(B) Drinks must be served
in unlabeled containers;
(C)
Entertainers may not advertise any alcohol brands or products;
(D) Entertainers may not promote drink
specials; and
(E) If any member of
the entertainment group is under 21 years of age, alcohol may not be consumed
by any member of the group while performing.
(ii) Licensed beer manufacturers and their
employees may sample beer of their own manufacture for manufacturing,
evaluating or pricing product in areas where the public is not served, so long
as the licensee or employee does not become apparently intoxicated;
(iii) Licensed wine manufacturers and their
employees may:
(A) Sample wine for
manufacturing, evaluating, or pricing product, so long as the licensee or
employee does not become apparently intoxicated; and the licensee or employee
who is sampling for these purposes is not also engaged in serving alcohol to
the public; and
(B) Sample wine of
their own manufacture for quality control or consumer education purposes, so
long as the licensee or employee does not become apparently
intoxicated.
(e) Engage in, or allow others to engage in,
conduct on the licensed premises which is prohibited by any portion of Titles
9, 9A, or 69 RCW;
(f) Engage in the
consumption of any type of cannabis, useable cannabis, or cannabis-infused
products in a liquor licensed business, including outdoor service areas or any
part of the property owned or controlled by the licensee;
(g) Allow any person to consume any type of
cannabis, useable cannabis, or cannabis-infused products in a liquor licensed
business, including outdoor service areas or any part of the property owned or
controlled by the licensee;
(h)
Allow any person consuming, or who has consumed on any part of the licensed
premises, any type of cannabis, useable cannabis, or cannabis-infused products
to remain on any part of the licensed premises; or
(i) Sell or serve liquor by means of
drive-through service from pickup or pass-through windows.
(4) Licensees have the responsibility to
control the interaction between the licensee or employee and their patrons. At
a minimum, licensees or employees may not:
(a)
Solicit any patron to purchase any beverage for the licensee or employee, or
allow a person to remain on the premises for such purpose;
(b) Spend time or dance with, or permit any
person to spend time or dance with, any patron for direct or indirect
compensation by a patron.
Notes
Wash. Admin. Code §
314-11-015
Amended by
WSR
14-02-002, filed 12/18/13, effective
1/18/2014
Amended by
WSR
19-03-061, Filed 1/10/2019, effective
8/1/2019
Amended by
WSR
22-14-111, Filed 7/6/2022, effective
8/6/2022
Statutory Authority:
RCW
66.08.030. 11-22-035, § 314-11-015,
filed 10/26/11, effective 11/26/11. Statutory Authority:
RCW
66.08.030 and
66.28.320. 10-01-090, §
314-11-015, filed 12/16/09, effective 1/16/10. Statutory Authority:
RCW
66.08.030,
66.12.160,
66.44.010,
66.44.200,
66.44.240,
66.44.270, 66.24.291 [66.44.291],
66.44.310. 04-15-162, § 314-11-015, filed 7/21/04, effective 8/21/04.
Statutory Authority:
RCW
66.08.030,
66.28.100,
66.28.040,
66.28.090,
66.44.010,
66.44.070,
66.44.200,
66.44.270, 66.44.291,
66.44.292,
66.44.310,
66.44.316,
66.44.318,
66.44.340, and
66.44.350. 02-11-054, §
314-11-015, filed 5/9/02, effective 6/9/02. Statutory Authority:
RCW
66.08.030,
66.28.100,
66.28.040,
66.28.090,
66.44.010,
66.44.070,
66.44.200,
66.44.270, 66.44.291,
66.44.292,
66.44.310,
66.44.316,
66.44.318,
66.44.340,
66.44.350, and
chapter
66.44 RCW. 01-06-014,
§ 314-11-015, filed 2/26/01, effective
3/29/01.
