Chapter 314-12 WAC
GENERAL­-APPLICABLE TO ALL LICENSEES

WAC

314-12-005 Under what conditions may the board delegate authority to approve liquor licenses as provided in RCW 66.24.010(2)?
314-12-010 License does not grant vested right.
314-12-015 Receipt of liquor laws/rules summary.
314-12-020 Applicants­-Qualifications­-Fingerprinting­-Criminal history record information checks­-Continuing conditions­-Agreements­-Reconsideration of denied applications.
314-12-025 Applicants for temporary licenses­-Fee­-Who qualifies.
314-12-030 License to reflect true party in interest­-Display of licenses.
314-12-033 Limited partnerships.
314-12-035 Furnishing of information and/or documentation to the board.
314-12-040 Prorating and refunding of fees­-Discontinuance of business.
314-12-050 Loss or destruction of licenses, permits, etc.­-Fee.
314-12-060 Death or incapacity of licensee.
314-12-070 Applications for currently licensed locations.
314-12-080 Limitation on reapplications.
314-12-100 Change of name.
314-12-110 Change of location.
314-12-115 Expired card of identification is not valid for proof of age.
314-12-120 Licensed premises open for inspection­-Sampling of liquor.
314-12-125 Maintaining operation of licensed premises in accordance with law and rules of the board is responsibility of licensee­-Failure to do so is cause for revocation of license.
314-12-130 No liquor deliveries on Sunday­-Exceptions.
314-12-135 Business entertainment­-Records.
314-12-140 Prohibited practices­-Contracts­-Gifts­-Rebates, etc.
314-12-141 Courses of instruction.
314-12-145 Credit on nonliquor food items­-Conditions­-Recordkeeping.
314-12-150 Definitions­-"Pasteurized beer," "gallon."
314-12-170 What are the penalties if a retail liquor licensee violates the liquor laws or rules?
314-12-180 Suspension notices, posting or advertising of­-Other--Closing notices prohibited.
314-12-195 Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy.
314-12-200 Converting a public house license (RCW 66.24.580) to a domestic brewery, microbrewery or domestic winery license.
314-12-210 Chronic public inebriation (CPI) and alcohol impact areas (AIA)­-Definitions­-Purpose.
314-12-215 Alcohol impact areas­-Definition­-Guidelines.
314-12-220 General review.
314-12-225 Severability.
314-12-300 Group One (1) violations against public safety.
314-12-310 Group Two (2) offenses­-Conduct violations.
314-12-320 Group Three (3) offenses­-Regulatory violations.
314-12-330 Can the board impose sanctions or penalties other than those indicated in WAC 314-12-170?
314-12-340 What are some examples of mitigating and aggravating circumstances?

DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER

314-12-090 Managers required­-Exceptions.
[Statutory Authority: RCW 66.08.030, 66.08.130 and 66.08.140. 88-23-032 (Order 269, Resolution No. 278), § 314-12-090, filed 11/8/88. Statutory Authority: RCW 66.08.030. 86-12-021 (Order 186, Resolution No. 195), § 314-12-090, filed 5/28/86. Statutory Authority: RCW 66.08.030 and 66.98.070. 81-22-026 (Order 85, Resolution No. 94), § 314-12-090, filed 10/28/81; Rule 8, filed 6/13/63.]    Repealed by 92-14-023, filed 6/22/92, effective 7/23/92. Statutory Authority: RCW 66.08.030.

314-12-160 Near beer.
[Order 20, § 314-12-160, filed 12/12/72; Rule 15, filed 6/13/63.]    Repealed by 84-11-093 (Order 153, Resolution No. 153), filed 5/23/84. Statutory Authority: RCW 66.08.030 and 66.98.070.
314-12-175 Educational activities. [Statutory Authority: RCW 66.08.030. 89-18-005 (Order 281, Resolution No. 290), § 314-12-175, filed 8/24/89, effective 9/24/89.]    Repealed by 90-14-012, filed 6/25/90, effective 7/26/90. Statutory Authority: RCW 66.08.030 and 1990 c 125.

WAC 314-12-005  Under what conditions may the board delegate authority to approve liquor licenses as provided in RCW 66.24.010(2)?

(1) The board may delegate to designated staff members, in writing, the authority to approve license applications except as follows:
(a) where local officials, board staff, or members of the general public have given the board written notice of opposition or concern, or;
(b) where sensitive alcohol related issues exist within a community or neighborhood, under review by the board, that require more extensive deliberations before a decision is reached.

(2) Authority may be delegated to staff the board deems qualified, including the director of licensing and regulation, licensing supervisors, and other employees the division director recommends.

(3) Designated employees may not further delegate their authority.

[Statutory Authority: RCW 66.08.030 and 66.24.010(2). 98-14-004, § 314-12-005, filed 6/18/98, effective 7/19/98.]

WAC 314-12-010  License does not grant vested right. The issuance of any license by the board shall not be construed as granting a vested right in any of the privileges so conferred, and a misrepresentation of fact found to have been made by the applicant or a licensee shall be deemed a lack of good faith and shall constitute good and sufficient cause for the disapproval of an application or the revocation or suspension of said license by the board.

[Statutory Authority: RCW 66.08.030 and 66.98.070. 82-04-031 (Order 98, Resolution No. 107), § 314-12-010, filed 1/27/82; Rule 1, filed 6/13/63.]

WAC 314-12-015  Receipt of liquor laws/rules summary. Upon issuance of a liquor license under chapter 66.24 RCW, every licensee shall be issued a guide on liquor laws, regulations, and other pertinent information. Every licensee or designee of a licensee shall be required to sign a form provided by the board acknowledging receipt of the guide. The issuance of the guide to the licensee and the receipt of the licensee's signed acknowledgement signifies that the licensee is aware of the basic liquor law requirements and is able to operate their liquor business in such a fashion as to protect the public health, welfare and safety.

[Statutory Authority: RCW 66.08.030. 93-15-027, § 314-12-015, filed 7/12/93, effective 8/12/93; 92-14-024, § 314-12-015, filed 6/22/92, effective 7/23/92.]

WAC 314-12-020  Applicants­-Qualifications­-Fingerprinting­-Criminal history record information checks­-Continuing conditions­-Agreements­-Reconsideration of denied applications.

(1) Where a married person is an applicant for, or holder of a license, the spouse of such applicant, if the parties are maintaining a marital community, shall be required to have the same qualifications as the applicant.

(2) The board may require, as a condition precedent to the original issuance of any annual license, fingerprinting and criminal history record information checks on any person not previously licensed by the board. In addition to the applicant, fingerprinting and criminal history record information checks may be required of the applicant's spouse. In the case of a corporation, fingerprinting and criminal history record information checks may be required of its present and any subsequent officers, manager, and stockholders who hold more than ten percent of the total issued and outstanding stock of the applicant corporation if such persons have not previously had their fingerprints recorded with the board. In the case of a partnership, fingerprinting and criminal history record information checks may be required of all general partners and their spouses. Such fingerprints as are required by the board shall be submitted on forms provided by the board to the Washington state identification section of the Washington state patrol and to the identification division of the Federal Bureau of Investigation in order that these agencies may search their records for prior arrests and convictions of the individuals fingerprinted. The applicant shall give full cooperation to the board and shall assist the board in all aspects of the fingerprinting and criminal history record information check. The applicant may be required to pay a minimal fee to the agency which performs the fingerprinting and criminal history process.

(3) The restrictions on license issuance specified in RCW 66.24.010(2) shall be construed to be continuing conditions for retaining an existing license and any licensed person who ceases to be eligible for issuance of a license under RCW 66.44.010(2) shall also cease to be eligible to hold any license already issued.

(4) An applicant for any license or permit issued by the liquor control board, who employs an attorney or agent in connection with an application for such license or permit, shall, upon request, submit in writing the entire agreement between such applicant for license or permit, and the attorney or agent. No part of any compensation agreed upon, paid or received shall in any manner be contingent upon the outcome of the matter before said board. In the event the compensation agreed upon, paid or received, is determined to be excessive, the board reserves the right to refuse to consider the application for such license or permit.

(5) The board, in considering an application for a license, may require, in addition to all other information requested concerning the proposed licensed premises (see WAC 314-12-035), that the applicant justify the issuance of the license sought based on an analysis of population trends compared to licenses in the area, any uniqueness of the proposed operation, any unusual circumstances present, plus any other information the applicant(s) may feel will justify the issuance of the license sought.

(6) The board may, at its discretion and for good cause shown, reconsider a denied application upon receipt of new information within sixty days of the original denial date. Such reconsiderations are not considered part of the normal license application procedure and must be justified on an individual basis. Should the board determine to reconsider a denied application, notice of such reconsideration shall be given to those persons and/or entities entitled to receive notice of an original license application pursuant to RCW 66.24.010(8). Such notice shall be given at least twenty days prior to final determination on the reconsideration. Additionally, at the same time the notice is given, a press release will be issued informing the public of the impending reconsideration.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. 96-03-004, § 314-12-020, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. 93-15-024, § 314-12-020, filed 7/12/93, effective 8/12/93. Statutory Authority: RCW 66.08.030 and 66.24.010 (2)(b). 90-24-007, § 314-12-020, filed 11/27/90, effective 12/28/90. Statutory Authority: RCW 66.08.030 and 66.08.050(2). 83-18-071 (Order 129, Resolution No. 138), § 314-12-020, filed 9/7/83; Order 58, § 314-12-020, filed 8/9/77, effective 9/12/77; Order 43, § 314-12-020, Rule 1.5, filed 11/20/75; Order 36, § 314-12-020, filed 7/2/75; Rule 1.5, filed 6/13/63.]


WAC 314-12-025  Applicants for temporary licenses­-Fee­-Who qualifies.

A person who has submitted application for a retail or distributor liquor license in accordance with RCW 66.24.010 and WAC 314-12-070, and who has demonstrated to the satisfaction of the board that an emergency situation exists, or who submits all initially required documents which appear to be complete and signed, may apply for, and be issued, a temporary license to be effective immediately upon issuance under the following conditions:
(1) A fee of fifty dollars shall be submitted with the application for a temporary license.
(2) For the purposes of this section "emergency situation" shall include death or incapacity of the seller, foreclosure, divorce, or other situation which requires the buyer to assume control of the business before the application can be fully processed and approved.
(3) For the purposes of this section, "retail liquor license" shall include all classes of liquor licenses that allow the holder to sell liquor directly to the public.
(4) For the purposes of this section, "distributor liquor license" shall include all classes of liquor licenses held in conjunction with those distributor licenses authorized by RCW 66.24.200 and 66.24.250.
(5) The privilege of having a temporary license issued upon an application for license does not apply to breweries or wineries, even though these licensees have limited distributor and retail privileges under their manufacturers' licenses.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-025, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. 96-03-004, § 314-12-025, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. 93-10-070, § 314-12-025, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 66.08.030 and 1987 c 217. 87-16-002 (Order 226, Resolution No. 235), § 314-12-025, filed 7/23/87.]

WAC 314-12-030  License to reflect true party in interest­-Display of licenses.

(1) Pursuant to the requirements of RCW 66.24.010(1), any license issued shall be issued in the name(s) of the true party or parties in interest.

 
(2) All licenses (except certificates of approval and agent's licenses) shall be prominently displayed on the licensed premises.

(3) For purposes of this section, "true party" shall apply to any person or entity having a substantial interest in the business conducted on the premises to be licensed.

(4) For purposes of this section, "substantial interest" shall mean any of the following:
(a) Receipt of, or the right to receive, ten percent or more of the gross sales from the licensed business during any calendar or fiscal year of the licensed business. Gross sales, as used in this section, shall include the entire gross receipts of every kind and nature from the sales and services made in, upon, or from the premises, whether on a credit or cash basis, whether operated by the licensee or manager, except:
Any rebates or refunds to customers;
The licensee's cost of meals and beverage provided to employees;
The amount of sales tax receipts or admission taxes;
(b) An investment in the licensed business of ten thousand dollars or more; or
(c) Ownership of stock constituting more than ten percent of the issued or outstanding stock of the licensed business.

(5) For purposes of this section, "substantial interest" shall not mean:
(a) A bonus paid to an employee, if the employee is on a fixed wage or salary and the bonus is not more than twenty-five percent of the employee's prebonus annual compensation, or the bonus is based on a written incentive/bonus program and is not out of the ordinary for the services rendered;
(b) Repayment of a loan or payment on a contract to purchase property unless the loan or contract holder exercises control over or participates in the management of the licensed business;
(c) Reasonable payment for rent on a fixed or percentage basis under a bona fide lease or rental obligation unless the lessor or property manager exercises control over or participates in the management of the business;
(d) Payment of franchise fees on a fixed or percentage basis under a bona fide franchise agreement;
(e) Payment of dividends to corporate stockholders.

[Statutory Authority: RCW 66.08.030. 93-18-094, § 314-12-030, filed 9/1/93, effective 10/2/93; 93-10-092, § 314-12-030, filed 5/4/93, effective 6/4/93; 86-07-012 (Order 176, Resolution No. 185), § 314-12-030, filed 3/11/86; Order 58, § 314-12-030, filed 8/9/77, effective 9/12/77; Rule 2, filed 6/13/63.]

WAC 314-12-033  Limited partnerships.

In the licensing of limited partnerships, the following will apply:
(1) The limited partnership business to be licensed shall be controlled by a general partner or partners who shall qualify as "copartners" under RCW 66.24.010.

(2) A limited partner shall be considered within the meaning of the term "copartner" as used in RCW 66.24.010(2) when the limited partner has more than [a] ten percent [ownership] interest in the business to be licensed or may exert control over the operation of the business either individually or collectively with other limited partners.

(3) As a required part of an application for the licensing of a limited partnership, all general partners shall submit affidavits specifying the nature of the interests of any and all limited partners in the business and certifying that no limited partner has any control, either individually or collectively with other limited partners, over the operation of the business to be licensed and further certifying that [no] limited partner has any financial interest which would be disqualifying under RCW 66.28.010. Similar affidavits may be required, in the discretion of the board, from any limited partner about whom there exists any question concerning ownership interest in, or control of, the business to be licensed or about whom there exists any question concerning possibly disqualifying financial interests under RCW 66.28.010.

[Statutory Authority: RCW 66.08.030 and 66.24.010 (2)(b). 90-24-009, § 314-12-033, filed 11/27/90, effective 12/28/90. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-13-105 (Order 105, Resolution No. 114), § 314-12-033, filed 6/23/82.]

NOTES:

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

WAC 314-12-035  Furnishing of information and/or documentation to the board.

(1) In order to facilitate the administration and/or enforcement of RCW 66.24.010, licensees, applicants for licenses, or the agents or representatives thereof shall, upon request by the board, furnish to the board copies of all documents affecting the ownership and/or proposed operation of the premises licensed or sought to be licensed. These documents may be required with the original license application, with any additional application, and at such other times as may be requested by the board. Licensees, applicants for licenses, or the agents or representatives thereof, shall furnish along with these documents a signed written summary of any oral agreements which affect the ownership and/or proposed operation of the premises licensed, or sought to be licensed. Failure or refusal to furnish said requested documentation will be good and sufficient cause for denial of any application in support of which the documentation was requested, and will be good and sufficient cause for revocation of any license held by a licensee who fails or refuses to furnish the said requested documentation.

(2) Written information and/or documentation requested by the board from any person for the purpose of administering and/or enforcing RCW 66.24.010, any person furnishing written information and/or documentation requested by the board may be required to submit an affidavit on a form prescribed by the board, which shall be signed by the person submitting the information, given under oath subject to the penalties of perjury, and certifying that all information and/or documentation being furnished is true, accurate and complete.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. 96-03-004, § 314-12-035, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. 91-22-114, § 314-12-035, filed 11/6/91, effective 12/7/91. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-04-032 (Order 99, Resolution No. 108), § 314-12-035, filed 1/27/82.]

WAC 314-12-040  Prorating and refunding of fees­-Discontinuance of business.

(1) Unless otherwise provided by law, there will be no prorating of any license fee.

 
(2) Upon denial or withdrawal of an application for license, adoption or change of trade name, or change of location, the fee tendered therewith shall be returned: Provided, However, such return shall not apply to the nonrefundable seventy-five dollar fee submitted with an application for a new annual retail license.

 
(3) When a license is suspended or cancelled, or the licensed business is discontinued, no refund of the license fee shall be made.

(4) Upon discontinuance of business for twenty-one days or more by a licensee, he shall forthwith deliver up his license to the board, or representative of the board. A licensee who is not operating as a seasonal business and who has voluntarily discontinued sale of liquor in excess of forty-five days will not be eligible for renewal of license for a subsequent year unless sale of liquor under the license is resumed on a permanent basis prior to the beginning of the next subsequent licensing period.

[Statutory Authority: RCW 66.08.030. 88-16-025 (Order 257, Resolution No. 266), § 314-12-040, filed 7/27/88. Statutory Authority: RCW 66.08.030 and 66.98.070. 82-10-020 (Order 103, Resolution No. 112), § 314-12-040, filed 4/28/82; Rule 3, filed 6/13/63.]

WAC 314-12-050  Loss or destruction of licenses, permits, etc.­-Fee.

Upon the loss or destruction of any license or permit to purchase liquor thereunder, application for a duplicate must be made to the board. Fee: $5.00.

[Statutory Authority: RCW 66.08.030. 85-24-040 (Order 168, Resolution No. 177), § 314-12-050, filed 11/27/85; Rule 4, filed 6/13/63.]

WAC 314-12-060  Death or incapacity of licensee.

In the event of the incapacity, death, receivership, bankruptcy, or assignment for benefit of creditors of any licensee, then his guardian, executor, administrator, receiver, trustee in bankruptcy or assignee for benefit of creditors may, upon written authority from the board, continue the business of the licensee on the licensed premises for the duration of the license, unless sooner terminated.

[Rule 5, filed 6/13/63.]

WAC 314-12-070  Applications for currently licensed locations.

(1) No application for any license shall be made except in conformance with RCW 66.24.010, and subject to the following conditions:
(a) Except as authorized by WAC 314-12-025, the license applicant shall not take possession of the premises, nor exercise any of the privileges of a licensee, nor shall such application be effective until the board shall have approved the same;
(b) In approving any license, the board reserves the right to impose special conditions as to the future connection of the former licensee or any of his employees with the licensed business as in its judgment the circumstances may justify;
(c) A change of trade name may be made coincident with the issuance of the license without any additional fee.

(2) The sale of a partnership interest or any change in the partners, either by withdrawal or addition or otherwise, shall be considered a change of ownership and subject to the applicable regulations.

(3) If the licensee is a corporation, whether as sole licensee or in conjunction with other entities, a change in ownership of any stock shall be deemed a corporate change. The licensed corporation shall report to and obtain written approval from the board, for any proposed change in principal officers and/or the proposed sale of more than ten percent of the corporation's outstanding and/or issued stock before any such changes are made. The board may inquire into all matters in connection with any such sale of stock or proposed change in officers. The board will waive the fee for a corporate change when the proposed change consists solely of dropping an approved officer.

(4) For purposes of this regulation:
(a) "Principal officer" shall mean the president, vice president, secretary, and treasurer, or the equivalent in title, for a publicly traded corporation, and president, vice president, secretary, treasurer, or the equivalent in title, and all other officers who hold more than ten percent of the corporate stock, for a privately held corporation.
(b) The "proposed sale of more than ten percent of the stock" will be calculated as a cumulative total and must be reported to the board when the accumulation of stock transfers or newly issued stock totals more than ten percent of the outstanding and/or issued stock of the licensed corporation.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. 96-03-004, § 314-12-070, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030 and 66.24.010. 90-24-008, § 314-12-070, filed 11/27/90, effective 12/28/90. Statutory Authority: RCW 66.08.030 and 1987 c 217. 87-16-002 (Order 226, Resolution No. 235), § 314-12-070, filed 7/23/87. Statutory Authority: RCW 66.08.030 and 66.98.070. 81-22-026 (Order 85, Resolution No. 94), § 314-12-070, filed 10/28/81; Order 55, § 314-12-070, filed 5/31/77, effective 7/1/77; Rule 6, filed 6/13/63.]

WAC 314-12-080  Limitation on reapplications.

Unless otherwise approved by the board no reapplication for a license shall be made within a period of one year following a denial of any license application.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. 96-03-004, § 314-12-080, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. 92-21-061, § 314-12-080, filed 10/19/92, effective 11/19/92; Rule 7, filed 6/13/63.]

WAC 314-12-100  Change of name.

No licensee shall adopt or make a change in a trade or corporate name without the written consent of the board. Fee, $25.00. (See WAC 314-12-070(a).)
An application for change of trade or corporate name must be completed and the required fee paid each time the trade or corporate name is changed on a license.

[Statutory Authority: RCW 66.08.030. 88-04-028 (Order 236, Resolution No. 245), § 314-12-100, filed 1/27/88; Rule 9, filed 6/13/63.]

WAC 314-12-110  Change of location.

No change of location of licensed premises shall be made without the written consent of the board. Fee, $75.00. This regulation, however, shall not apply to holders of licenses under RCW 66.24.395.

[Statutory Authority: RCW 66.08.030, 66.20.010 and 66.98.070. 83-23-123 (Order 133, Resolution No. 142), § 314-12-110, filed 11/23/83; Rule 10, filed 6/13/63.]

WAC 314-12-115  Expired card of identification is not valid for proof of age.

(1) For purposes of RCW 66.16.040 and RCW 66.20.170, a "card of identification" must be current for it to be acceptable as proof of age of a purchaser of alcoholic beverages or to frequent a cocktail lounge or tavern. "Current" means the card of identification is not expired and has not been officially invalidated.

(2) An expired Washington driver's license which has been invalidated, together with a temporary Washington driver's license which is current and for the same person pictured and described in the invalidated Washington driver's license with a photo, will be acceptable identification for liquor service.

[Statutory Authority: RCW 66.08.030. 92-21-060, § 314-12-115, filed 10/19/92, effective 11/19/92.]

WAC 314-12-120  Licensed premises open for inspection­-Sampling of liquor.

(1) All licensed premises, or any premises in any way connected physically or otherwise with a licensed business, including vehicles used in connection therewith, shall at all times be open to inspection by the board.

(2) The board may, upon proper receipt given therefor, take for the purpose of analysis samples of liquor possessed by any licensee by virtue of his license.

[Rule 11, filed 6/13/63.]

WAC 314-12-125  Maintaining operation of licensed premises in accordance with law and rules of the board is responsibility of licensee­-Failure to do so is cause for revocation of license.

(1) The licensee of a liquor licensed premises is responsible for operation of the licensed premises in compliance with the liquor laws (Title 66 RCW) and rules of the board (Title 314 WAC). If the licensee chooses to employ others in the operation of the business, any violations committed, or permitted, by those employees shall be treated by the board as violations committed, or permitted, by the licensee.

(2) Failure by a licensee to accomplish compliance with the liquor laws or rules of the board, for whatever reason, will constitute good and sufficient cause for revocation of license privileges.

[Statutory Authority: RCW 66.08.030 and 66.98.070. 83-18-070 (Order 126, Resolution No. 135), § 314-12-125, filed 9/7/83.]

 
WAC 314-12-130  No liquor deliveries on Sunday­-Exceptions.

No liquor shall be delivered to any retail licensee between midnight on Saturday and midnight on Sunday; nor shall any retail licensee receive or accept delivery of any liquor between midnight on Saturday and midnight on Sunday: Provided, That if delivery of beer and/or wine cannot be accomplished prior to Sunday, nothing in this section shall prohibit a distributor from delivering and a special occasion or catering licensee from receiving beer and/or wine for a licensed special occasion event occurring between midnight on Saturday and midnight on Sunday. Upon license approval, beer and/or wine may be ordered by a special occasion licensee or catering licensee and delivered by the distributor to the location specified by the special occasion licensee or catering licensee or directly to such licensed retailer at the distributor's licensed premises.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-130, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.070. 86-24-028 (Order 203, Resolution No. 212), § 314-12-130, filed 11/25/86; Rule 12, filed 6/13/63.]

WAC 314-12-135  Business entertainment­-Records.

All manufacturers, importers and distributors and employees thereof who provide either food, beverages, transportation, tickets or admission fees for or at athletic events or for other forms of entertainment to retail licensees and or their employees must maintain records thereof as follows:
(1) The originals or copies of all purchase invoices, receipts and other memoranda covering or relating to all expenditures made for entertainment activities as specified in this subsection showing:
(a) Tickets, transportation, food, beverage, admission fees purchased or paid for,
(b) Quantities purchased or paid for,
(c) From whom purchased,
(d) The name of the retail licensees or employee for whom purchased and the retail license number of the business they represent, and
(e) The purchase date.

(2) The records described above shall be kept for at least two years after each purchase or payment and shall be filed separately and kept apart from all other records and as nearly as possible shall be filed in consecutive order and each month's records kept separate so as to render the same readily available for inspection and copying.

(3) All cancelled checks, bank statements and books of account covering or involving the purchase of or expenditures for items specified in subsection (1) above and all memoranda, if any, showing payment for any such items other than by check, shall be preserved for two years and shall at all times be kept available for inspection and copying by board employees.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-135, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030 and 1990 c 125. 90-14-003, § 314-12-135, filed 6/22/90, effective 7/23/90.]

WAC 314-12-140  Prohibited practices­-Contracts­-Gifts­-Rebates, etc.

(1) No contract shall be made or entered into whereby any retail licensee agrees to handle any particular brand or brands of liquor to the exclusion of any other brand or brands of liquor.

 
(2) No contract shall be made or entered into for the future delivery of liquor to any retail licensee: Provided, That this regulation shall not be construed as prohibiting the placing and accepting of orders for the purchase and delivery of liquor which are made in accordance with the usual and common business practice and which are otherwise in compliance with the regulations.

 
(3) No manufacturer, distributor, or importer, or his employee, shall directly or indirectly solicit, give or offer to, or receive from any retail licensee, any employee thereof, or an applicant for a license, any gifts, discounts, loans of money, premiums, rebates, free liquor of any kind, treats or services of any nature whatsoever; nor shall any retail licensee, employee thereof, or an applicant for a license, directly or indirectly, solicit, receive from, or give or offer to any manufacturer, distributor or importer, or his employee, any gifts, discounts, loans of money, premiums, rebates, free liquor of any kind, treats or services of any nature whatsoever, except such services as are authorized in this regulation. It shall be a violation of this section for:
(a) Any retail licensee who has paid for beer or wine with a check which was dishonored upon presentation to thereafter refuse to make good on the check by immediate payment in cash.
(b) Any retail licensee to purchase beer and/or wine from any source after having received notice that a previous check given in payment for beer and/or wine has been dishonored until that dishonored check has been made good in cash.

(4) Pursuant to RCW 66.28.010 a manufacturer, distributor, importer, or his licensed agent may perform the following services for a retailer:
(a) Build, rotate, and restock displays, utilizing filled cases, filled bottles or filled cans of his own brands only, from stock or inventory owned by the retailer. Rotate, rearrange or replenish bottles or cans of his own brands on shelves or in the refrigerators but is prohibited from rearranging or moving displays of his products in such a manner as to cover up, hide or reduce the space of display of the products of any other manufacturer, distributor or importer; Provided, however, manufacturers, distributors, importers or any employees thereof may move or handle in any manner any products of any other manufacturer, importer or distributor on the premises of any retail licensee when reasonable notice is given to other interested manufacturers, distributors or their agents and such activity occurs during normal business hours or upon hours that are mutually agreed.
(b) Provide price cards and may also price goods of his own brands in accordance with the usual and common business practice and which are otherwise in compliance with the regulations.
(c) Provide point of sale advertising material and brand signs.
(d) Provide sales analysis of beer and wine products based on statistical sales data voluntarily provided by the retailer involved for the purpose of proposing a schematic display for beer and wine products. Any statistical sales data provided by retailers for this purpose shall be at no charge.
(e) Such services may be rendered only upon the specific approval of the retail licensee. Displays and advertising material installed or supplied for use on a retailer's premises must be in conformity with the board's advertising rules as set forth in chapter 314-52 WAC.

(5) No manufacturer, distributor, importer, or employee thereof shall, directly or indirectly, give, furnish, rent or lend to, or receive from, any retail licensee any equipment, fixtures, supplies or property of any kind, nor shall any retail licensee, directly or indirectly, receive, lease or borrow from, or give or offer to, any manufacturer, distributor or importer any equipment, fixtures, supplies or property of any kind. Sales authorized in this regulation shall be made on a cash on delivery basis only.

 
(6) No manufacturer or distributor or employee thereof shall sell to any retail licensee or solicit from any such licensee any order for any liquor tied in with, or contingent upon, the retailer's purchase of some other beverage, alcoholic or otherwise, or any other merchandise, property or service.

(7) In selling equipment, fixtures, supplies or commodities other than liquor, no manufacturer, distributor or importer shall grant to retail licensees, nor shall such licensees accept, more favorable prices than those extended to nonlicensed retailers. The price thereof shall be not less than the manufacturer's, importer's, or distributor's cost of acquisition. In no event shall credit be extended to any retail licensee.

(8) Any manufacturer, distributor or importer who sells what is commonly referred to as heavy equipment and fixtures, such as counters, back bars, stools, chairs, tables, sinks, refrigerators or cooling boxes and similar articles, shall immediately after making any such sales have on file and available for inspection in accordance with WAC 314-20-050 a copy of the invoice covering each such sale, which invoice shall contain a complete description of the articles sold, the purchase price of each unit sold together with the total amount of the sale, transportation costs and services rendered in connection with the installation of such articles. Such invoice shall list the date of such sale and affirm that full cash payment for such articles was received from the retailer as provided in subsection (5) of this section.

(9) If the board finds in any instance that any licensee has violated this regulation, then all licenses involved shall be held equally responsible for such violation.

Note: WAC 314-12-140 is not intended to be a relaxation in any respect of section 90 of the Liquor Act (RCW 66.28.010). As a word of caution to persons desiring to avail themselves of the opportunity to sell to retail licensees fixtures, equipment and supplies subject to the conditions and restrictions provided in section 90 of the act and the foregoing regulation, notice is hereby given that, if at any time such privilege is abused or experience proves that as a matter of policy it should be further curtailed or eliminated completely, the board will be free to impose added restrictions or to limit all manufacturers and distributors solely to the sale of liquor when dealing with retail licensees. WAC 314-12-140 shall not be considered as granting any vested right to any person, and persons who engage in the business of selling to retail licensees property or merchandise of any nature voluntarily assume the risk of being divested of that privilege and they will undertake such business subject to this understanding. The board also cautions that certain trade practices are prohibited by rulings issued under the Federal Alcohol Administration Act by the United States Bureau of Alcohol, Tobacco and Firearms, and WAC 314-12-140 is not intended to conflict with such rulings or other requirements of federal law or regulations.


[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-140, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 95-17-005, § 314-12-140, filed 8/3/95, effective 9/3/95; 93-10-070, § 314-12-140, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 66.08.030(2). 92-02-014, § 314-12-140, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 66.28.010. 87-04-018 (Order 211, Resolution No. 220), § 314-12-140, filed 1/27/87. Statutory Authority: RCW 66.28.010 and 66.08.030 (2)(l). 86-09-019 (Order 181, Resolution No. 190), § 314-12-140, filed 4/9/86. Statutory Authority: RCW 66.08.030. 86-04-003 (Order 167, Resolution No. 176), § 314-12-140, filed 1/23/86. Statutory Authority: RCW 66.08.030 and 66.98.070. 84-22-060 (Order 150, Resolution No. 159), § 314-12-140, filed 11/7/84; Order 46, § 314-12-140, Rule 13, filed 6/9/76; Rule 13, filed 6/13/63.]

WAC 314-12-141  Courses of instruction.

Breweries, wineries and distributors conducting courses of instruction as authorized by RCW 66.28.150 may provide alcohol at no charge to licensees of the board, their employees, and invited guests who have a legitimate business interest in the manufacturing, importing, distributing and retailing of liquor.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-141, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. 91-19-071, § 314-12-141, filed 9/16/91, effective 10/17/91.]

WAC 314-12-145  Credit on nonliquor food items­-Conditions­-Recordkeeping.

(1) Notwithstanding the provisions of WAC 314-12-140, persons licensed under RCW 66.24.200 as wine distributors and persons licensed under RCW 66.24.250 as beer distributors may sell at wholesale nonliquor food products on thirty days credit terms to persons licensed as retailers under this title. Complete and separate accounting records shall be maintained on all sales of nonliquor food products to ensure that such persons are in compliance with RCW 66.28.010.

(2) Nonliquor food products include all food products for human consumption as defined in RCW 82.08.0293 as it exists on July 1, 1987, except that for the purposes of this section bottled water and carbonated beverages, whether liquid or frozen, shall be considered food products.

(3) For the purpose of this section, the period of credit is calculated as the time elapsing between the date of delivery of the product and the date of full legal discharge of the retailer, through the payment of cash or its equivalent, from all indebtedness arising from the transaction.

(4) If the board finds in any instance that any licensee has violated this section by extending or receiving credit in excess of the thirty days as provided for by this section, then all licensees involved shall be held equally responsible for such violation.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. 98-18-097, § 314-12-145, filed 9/2/98, effective 10/3/98. Statutory Authority: 1988 c 50. 88-10-049 (Order 249, Resolution No. 258), § 314-12-145, filed 5/4/88. Statutory Authority: 1987 c 386 § 2. 87-14-009 (Order 218, Resolution No. 227), § 314-12-145, filed 6/23/87.]

WAC 314-12-150  Definitions­-"Pasteurized beer," "gallon."

(1) "Pasteurized beer" shall mean beer which has been subjected to such process or processes in manufacture and packaging that in all cases all yeast cells or other microorganisms are killed, inactivated, or removed, thereby preventing any further fermentation or microbiological decomposition of the packaged beer which might otherwise take place.

(2) In addition to the usual and customary meaning above, "pasteurized beer" shall include bottle conditioned beer which has been fermented partially or completely in the container and which may contain residual active yeast.

(3) A "gallon," when used in computing any tax, shall mean the United States standard gallon of 231 cubic inches.

[Statutory Authority: 1987 c 46. 87-14-010 (Order 219, Resolution No. 228), § 314-12-150, filed 6/23/87, effective 7/26/87; Resolution No. 4, filed 5/5/65, effective 6/7/65; Rule 14, filed 6/13/63.]

WAC 314-12-170  What are the penalties if a retail liquor licensee violates the liquor laws or rules?

(1) Penalties for violations by liquor licensees (or their employees while working for a liquor licensee) are broken down into three categories, with the most serious penalties first.
(a) Group One (1) ­ Public Safety Violations, WAC 314-12-300;
(b) Group Two (2) ­ Conduct Violations, WAC 314-12-310;
(c) Group Three (3) ­ Regulatory Violations, WAC 314-12-320.

(2) Past violations within a two-year period will be considered.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.120. 99-03-032, § 314-12-170, filed 1/13/99, effective 2/13/99. Statutory Authority: RCW 66.08.030. 95-05-006, § 314-12-170, filed 2/1/95, effective 3/4/95. Statutory Authority: RCW 66.08.030 and 66.98.070. 88-17-023 (Order 258, Resolution No. 267), § 314-12-170, filed 8/10/88; 84-17-117 (Order 148, Resolution No. 157), § 314-12-170, filed 8/22/84.]

WAC 314-12-180  Suspension notices, posting or advertising of­-Other--Closing notices prohibited.

(1) Licensees are required to maintain compliance with all liquor laws and regulations during any period of suspension. Whenever the board shall suspend the license of any licensee, the board shall on the date the suspension becomes effective cause to be posted in a conspicuous place on or about the licensed premises a notice in a form to be prescribed by the board, stating that the license or licenses have been suspended by order of the board because of violation of the Washington state liquor act or the regulations.

(2) During the period of suspension:
(a) No person shall remove, alter, cover, or in any way disturb the posted notice(s) of suspension;
(b) Place, permit or allow to be placed in, at, or upon the licensed premises, any notice or statement of reasons or purpose indicating that the premises have been closed for any reason other than as stated in the notice of suspension; Provided further, That the prohibition of this subsection shall apply to any nearby or adjacent property, such as a parking lot area that is owned by or under the control of the licensee.
(c) Neither the licensee nor his/her or its employees shall advertise, either by newspaper, radio, television, handbill, brochure, flyer or by any means whatever, that the licensed premises are closed for any reason(s) other than those stated in the board's suspension notices.

(3) A retail liquor licensee may operate the business during the period of suspension provided there is no sale, delivery, service, consumption, removal or receipt of liquor. Further, no banquet permit or special occasion function may be held on the premises during a period of liquor license suspension.

(4) A nonretail licensee may operate the business during the period of suspension provided there is no sale, delivery, service, consumption, removal or receipt of liquor. Further, no manufacturer may receive any agricultural products used in the production of alcohol, crush fruit, or bottle alcohol during a period of suspension. A manufacturer of alcohol may do whatever is necessary as a part of the manufacturing process to keep current stock on hand at the time of the suspension from spoiling or becoming unsaleable during a suspension provided it does not include bottling the product.

[Statutory Authority: RCW 66.08.010. 92-21-059, § 314-12-180, filed 10/19/92, effective 11/19/92.]

WAC 314-12-195  Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy.

No later than October 5, 1994 all retail liquor licensees shall display signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy. These signs shall be displayed upon the licensed premise in the following manner:
(1) If a licensee holds a license providing for on-premises consumption, the sign shall be posted in plain view (in place which is clearly visible) at the main entrance to the liquor licensed portion of the establishment and in the women's public restrooms closest to the licensed area.
(a) Self-service "mini-bars" in hotel guest rooms shall be exempt.
(b) Airports, convention centers, sports facilities and other licensed premises where more than one location of such sale, service and consumption is authorized, shall post signs in plain view in a place which is clearly visible to the majority of patrons entering or approaching the liquor licensed portion of the premises.

 
(2) If the licensee holds a license providing for the sale of alcohol for off-premises consumption, the board provided sign shall be posted in plain view at one or more of the following locations:
(a) At each permanent display area of shelving and coolers displaying alcohol beverages.
(b) At the cash register(s) where alcohol is sold.
(c) At the main entrance to the licensed premises.

(3) If the licensee is a liquor manufacturer, the notices shall be posted in plain view at the main entrance to areas where alcohol is sold for off-premises consumption. If a manufacturer's tasting rooms have separate buildings or separate entrances, the sign shall be posted in plain view at the main entrance to the tasting area.

(4) Signs and replacements shall be available from the enforcement division.

(5) Failure to comply with the provisions of this section shall constitute a violation of the rules of the board and administrative sanctions may be levied.

[Statutory Authority: RCW 66.08.030. 94-18-078, § 314-12-195, filed 9/2/94, effective 10/5/94.]

WAC 314-12-200  Converting a public house license (RCW 66.24.580) to a domestic brewery, microbrewery or domestic winery license.

(1) Can a person who holds a public house license (class Q) convert to a domestic brewery, microbrewery or domestic winery license (class B1 or W1)?
Yes, if the licensee has held a public house license for at least six months.

(2) If a person holds several different retail liquor licenses, are those licenses affected by the conversion?
Yes. All other retail liquor licenses must either be converted to a domestic brewery, microbrewery or domestic winery license at the same time or the licensee must discontinue business or divest themselves of all interest in those nonbrewery/winery licenses.
For instance, if a licensee holds three public house licenses, two grocery licenses and a tavern license and only wants to convert the three public house licenses to brewery or winery license, they must discontinue business or divest themselves of all interest in the other three businesses or they must convert them to a brewery or winery license as well.
Additionally, if the licensee has held any public house licenses for less than six months, they must discontinue business or divest themselves of all interest in that business as well.

 
(3) If a person currently holds a restaurant license (class H) in conjunction with their public house license, will the restaurant license be affected?
No. If the restaurant remains on the same or contiguous property as the brewery or winery, the restaurant license will be unaffected.

(4) Is there a waiting period between the closure of the public house business and the opening of the brewery or winery?
No. The licensee does not have to close the existing business before the domestic brewery, microbrewery or domestic winery license can be issued.

[Statutory Authority: RCW 66.08.030 and 66.24.580. 98-15-068, § 314-12-200, filed 7/13/98, effective 8/13/98.]

WAC 314-12-210  Chronic public inebriation (CPI) and alcohol impact areas (AIA)­-Definitions­-Purpose.

(1) What is the purpose of these rules concerning chronic public inebriation and alcohol impact areas?
(a) The enabling statutes for the liquor control board are contained in chapter 66.08 RCW. These statutes authorize the board to exercise the police power of the state for the protection of the welfare, health, peace, and safety of the people of Washington.
(b) The board's mandate to protect the welfare, health, peace, and safety of the people is to ensure that liquor licensees conduct their business in a lawful manner and that the presence of a licensee's alcohol sales does not unreasonably disturb the welfare, health, peace, or safety of the surrounding community.
(c) The purpose of these rules concerning chronic public inebriation and alcohol impact areas is to establish a framework under which the board, in partnership with local government and community organizations, can act to mitigate negative impacts on a community's welfare, health, peace, or safety that result from the presence of chronic public inebriation.
(d) For the purpose of these rules, chronic public inebriation exists when the effects of the public consumption of alcohol and/or public intoxication occur in concentrations that endanger the welfare, health, peace, or safety of a neighborhood or community.

 
(2) What do these rules concerning chronic public inebriation and alcohol impact areas seek to do? WAC 314-12-210 and 314-12-215 seek to:
(a) Establish an expanded local review process for liquor license applications, assumptions.*, and renewals inside a recognized alcohol impact area (AIA);
(b) Create standards under which the board may refuse to issue a liquor license; may refuse to permit the assumption or renewal of a liquor license; may place conditions or restrictions upon the issuance, assumption, or renewal of a license; or may place conditions or restrictions on an existing license inside a recognized AIA;
(c) Allow the board, in specific circumstances, to restrict the off-premises sale of certain alcohol products or alcohol product containers inside a recognized AIA.

.*Note: A liquor license assumption refers to an application by a prospective new owner/operator for an existing licensed business. Under certain conditions, such applicants may apply for a temporary license to continue operations during the new license application review period.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-210, filed 6/8/99, effective 7/9/99.]

WAC 314-12-215  Alcohol impact areas­-Definition­-Guidelines.

(1) What is an alcohol impact area (AIA)? An alcohol impact area is a geographic area within a city, town, or county that is adversely affected by chronic public inebriation or illegal activity associated with alcohol sales or consumption. The area must be designated by ordinance by the government subdivision and recognized by resolution of the board before any enhanced processes described by these rules are applied.

 
(2) What guidelines will the board use to recognize an alcohol impact area (AIA)? The board, by resolution, may recognize an AIA adopted by a city, town, or county and subsequently referred to the board by that government subdivision. To achieve recognition, the AIA must meet all of the following conditions:
(a) The AIA comprises a geographic area that does not include the entire territory of the local jurisdiction;
(b) The government subdivision has given a rationale, expressed in the ordinance, for the establishment of the proposed boundaries of the AIA;
(c) The government subdivision has described the boundaries of the AIA in the ordinance in such a way that:
(i) The board can determine which liquor licensees are in the proposed area; and
(ii) The boundaries are understandable to the public at large.
(d) The AIA ordinance includes findings of fact which establish:
(i) Chronic public inebriation or illegal activity associated with alcohol sales and/or consumption within the proposed AIA is contributing to the deterioration of the general quality of life within the area or threatens the welfare, health, peace, or safety of the area's visitors and occupants;
(ii) There is a pervasive pattern of public intoxication and/or public consumption of alcohol as documented in crime statistics, police reports, emergency medical response data, detoxification reports, sanitation reports, public health records, or similar records; and
(iii) A good faith effort has been made by the government subdivision to control the problem through voluntary efforts that may include cooperation with neighborhood citizen and/or business organizations, and must include the notification of licensees within the proposed AIA of public intoxication problems and of voluntary remedies available to them to resolve the problem.
(e) The AIA will take effect on the date of the board's resolution extending recognition to the AIA.

(3) Once an AIA is recognized by the board, what processes, conditions, or restrictions may the board apply?
(a) The board will apply a unique local license review process for liquor license applications, assumptions, and renewals within the AIA.
(b) The board may place conditions or restrictions on the off-premises sale privilege of liquor licenses within the AIA. These restrictions must be reasonably related to reducing chronic public inebriation or illegal activity associated with off-premises alcohol sales and/or consumption. These restrictions may include, but are not limited to:
(i) Restrictions on the hours of operation for off-premises alcohol sale within the AIA;
(ii) Restrictions on the off-premises sale of certain alcohol products within the AIA; and
(iii) Restrictions on alcohol container sizes available for off-premises sale within the AIA.

(4) What are the circumstances required for the board to restrict the off-premises sale of alcohol within an AIA? The board may restrict the off-premises sale of alcohol within an AIA, subject to all of the following conditions:
(a) Product restrictions must be requested by the government subdivision's law enforcement agency or public health authority;
(b) The board must find that the off-premises sale of such alcohol products is reasonably linked to the problems associated with chronic public inebriation; and
(c) The government subdivision must have shown that voluntary efforts have failed to significantly reduce the impact of chronic public inebriation, or that voluntary efforts need augmentation by license restrictions described in subsection (3) of this section.

 
(5) What type of voluntary efforts must the government subdivision attempt before the board will implement mandatory product restrictions? Before the board will implement mandatory product restrictions, the government subdivision's voluntary efforts must include:
(a) Notification of all off-premises sales licensees in the proposed AIA that behavior associated with alcohol sales is having an impact on chronic public inebriation.
(b) Documentation that the government subdivision has made reasonable efforts to implement voluntary agreements to promote business practices that reduce chronic public inebriation and promote public welfare, health, peace, and safety with licensees within the AIA who sell alcohol for off-premises consumption.
(c) Implementation of these voluntary agreements must have been attempted for at least six months before information is presented to the board that voluntary efforts have failed or need augmentation.

(6) If restrictions are approved for an AIA, the board will:
(a) Notify the appropriate beer and wine distributors of the product restrictions placed on off-premises licensees within the AIA.
(b) When product restrictions on the off-premises sale of alcohol products are placed on licensees within an AIA, no state liquor store or agency within the AIA may sell these restricted products.

(7) What is the process for liquor license applications and renewals for licensees inside a recognized AIA? Subject to the provisions of RCW 66.24.010(8):
(a) When the board receives an application for a liquor license that includes an off-premises sale privilege, the board will establish an extended time period of sixty days for the government subdivision to comment on the liquor license application or assumption.
(i) The government subdivision may and is encouraged to submit comment before the end of this sixty-day period, but may request an extension of this period when unusual circumstances, explained in the request, require additional time for comment.
(ii) The requesting government subdivision will notify the licensee or applicant when an extension of the sixty-day comment period is requested.
(b) For renewals, notice will be mailed to the government subdivision not less than ninety days before the current license expires.

(8) How long will an AIA be in effect? An AIA will remain in effect until:
(a) The sponsoring government subdivision repeals the specific enabling ordinance that originally defined the specific AIA recognized by the board; or
(b) The board repeals its recognition of an AIA as the result of a public hearing, called by the board acting on its own initiative or at the request of a community organization within the AIA, made after the AIA has been in effect for at least two years.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-215, filed 6/8/99, effective 7/9/99.]

WAC 314-12-220  General review.

The board will initiate a study of the effectiveness of WAC 314-12-210 and 314-12-215 one year following recognition of the first AIA under these rules. The study, which shall take no more than ninety days, will recommend the continuation, modification, or repeal of these rules.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-220, filed 6/8/99, effective 7/9/99.]

WAC 314-12-225  Severability.

If any provision of WAC 314-12-210 through 314-12-220 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or the application of these rules which can be given effect without the invalid provision or application, and, to this end, the provisions of these rules are declared to be severable.

[Statutory Authority: RCW 66.08.030 and 66.24.010. 99-13-042, § 314-12-225, filed 6/8/99, effective 7/9/99.]

WAC 314-12-300  Group One (1) violations against public safety.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.120. 99-03-032, § 314-12-300, filed 1/13/99, effective 2/13/99.]

WAC 314-12-310  Group Two (2) offenses­-Conduct violations.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.120. 99-03-032, § 314-12-310, filed 1/13/99, effective 2/13/99.]

WAC 314-12-320  Group Three (3) offenses­-Regulatory violations.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.120. 99-03-032, § 314-12-320, filed 1/13/99, effective 2/13/99.]

WAC 314-12-330  Can the board impose sanctions or penalties other than those indicated in WAC 314-12-170?

(2) Aggravating circumstances may include practices that show the licensee or their employees:
(a) Fail to cooperate with local law enforcement or board staff;
(b) Do not call for local law enforcement when requested by customers or board agents;
(c) Do not check employees to insure employees are of legal age or have appropriate work permits;
(d) Committed the violation willfully, etc.

[Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.120. 99-03-032, § 314-12-340, filed 1/13/99, effective 2/13/99.]