Chapter
314-17 WAC
Mandatory
Alcohol Server Training
WACs
(Washington Administrative Codes) in this chapter:
314-17-005 What is the purpose of this chapter?
314-17-010 Definitions.
314-17-015 What are the two types of alcohol server
training permits?
314-17-020 How long are the permits good for, and
how does a permit holder renew?
314-17-025 Do permit holders have to carry their
permit with them?
314-17-030 Are employers responsible to ensure that
their employees hold an alcohol server permit?
314-17-035 How are lost permits replaced?
314-17-040 Can Class 13 server permit holders
upgrade to a Class 12 mixologist permit when they turn twenty-one?
314-17-045 How do I get a Class 12 mixologist or a
Class 13 server permit in Washington if I was trained in another state?
314-17-050 How can a person receive certification as
a Class 12 mixologist or Class 13 server permit provider?
314-17-055 Temporary certification as a provider.
314-17-060 What are the course standards for Class
12 mixologist and Class 13 server permits?
314-17-065 How does a provider receive certification
for its trainers?
314-17-070 What criminal history would prevent a
person from receiving certification to be a trainer?
314-17-075 How does a provider or trainer get Class
12 mixologist and Class 13 server permits to issue to course participants?
314-17-080 What are the age requirements for
trainees to receive Class 12 mixologist and Class 13 server permits?
314-17-085 What records does the provider or trainer
need to provide to the board or keep on file?
314-17-090 Prohibited conduct by providers and
trainers.
314-17-095 Is the provider responsible for the acts
of its trainers?
314-17-100 What are the penalties if provider or a
trainer violates a liquor law or regulation?
314-17-105 What are the penalties if a permit holder
violates the liquor laws?
314-17-110 Can the board impose sanctions or
penalties other than those indicated in WAC 314-17-105?
314-17-115 Can a Class 12 or Class 13 permit holder
work on a licensed premises while his/her permit is suspended?
WAC
314-17-005 What is the purpose of this chapter? (1)
RCW 66.20.300 through RCW 66.20.350 set up a mandatory alcohol server training
program. These laws require persons who serve or supervise the service of
alcohol for on-premises consumption to hold one of two permits, as outlined in
this chapter.
(2) This
chapter outlines how a person receives these permits, and how a person can
become certified to provide alcohol server training.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-005, filed 1/17/01, effective
2/17/01.]
WAC
314-17-010 Definitions. The following definitions
are to clarify the purpose and intent of the rules and laws governing mandatory
alcohol server training. Additional definitions are in RCW 66.04.010 and
66.20.300.
(1) A
"permit holder" is a person who holds either a Class 12 mixologist or
a Class 13 server permit. The permit is the property of the permit holder, and
can be used at any liquor licensed establishment.
(2) A
"provider" is an individual, partnership, corporation, college,
educational institute, or other bona fide legal entity that the board certifies
to provide a board approved alcohol server education course (per RCW
66.20.300). The provider is a training entity.
(3) A
"trainer" is an individual employed or authorized by a provider to
conduct an alcohol server education course. Upon the successful completion of
the course, the student will receive a Class 12 mixologist or Class 13 server
permit from the trainer.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-010, filed 1/17/01, effective
2/17/01.]
WAC
314-17-015 What are the two types of alcohol server training
permits? There are two types of permits for persons who serve
alcohol for on-premises consumption, or who supervise the sale of alcohol for
on-premises consumption:
|
(1) Per RCW 66.20.310, a Class 12 mixologist permit is required for liquor
licensees or their employees who: |
(2) Per RCW 66.20.310, a Class 13 server permit is required for persons
who: |
|
(a) Manage a premises licensed to sell alcohol beverages for on-premises
consumption; |
(a) Take orders for alcohol beverages to be consumed on-premises; |
(3) Upon
the temporary absence of a Class 12 mixologist permit holder, a Class 13 server
permit holder who is at least twenty-one years of age may perform the functions
of a Class 12 permit holder until a Class 12 permit holder can arrive to
fulfill those duties, but in no event for more than thirty consecutive days.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-015, filed 1/17/01, effective
2/17/01.]
WAC
314-17-020 How long are the permits good for, and how does a permit
holder renew? (1) Class 12 mixologist and Class 13 server
permits are valid for five years. The permits expire on the first day of the
month, five years following the month the person successfully completed the
alcohol server education course.
(2) In
order to renew the permit, the mixologist or server must attend an alcohol
server education course given by a board certified trainer or provider prior to
the expiration of the permit.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-020, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-020,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-025 Do permit holders have to carry their permit with
them? (1) Any time a licensee or employee is performing the
duties outlined in WAC 314-17-015, the person must have:
(a) Their
Class 12 mixologist or Class 13 server permit on the premises, and
(b) One
piece of identification (acceptable forms of identification are outlined in RCW
66.16.040).
(2) Both
the permit and the identification must be available for inspection by any law
enforcement officer.
(3) It
will be considered a violation of this section for any person to:
(a)
Falsify a Class 12 mixologist or a Class 13 server permit; or
(b) Keep
or possess a Class 12 mixologist permit or a Class 13 server permit contrary to
the provisions of this title.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-025, filed 1/17/01, effective
2/17/01.]
WAC
314-17-030 Are employers responsible to ensure that their employees
hold an alcohol server permit? All licensees who hold a license
to sell liquor for on-premises consumption must ensure that any person that
engages in the sale or service of liquor, or who supervises such activities,
has a current and valid Class 12 mixologist or Class 13 server permit within
sixty days of the date of hire. See RCW 66.20.310(7) for exceptions for grocery
stores that have an on-premises liquor license.
(1) The
permit must be in the same name and with the same identifying characteristics
as indicated on the permit holder's identification (acceptable forms of
identification are outlined in WAC 314-11-025).
(2) Per WAC
314-11-040, a person twenty-one years of age or older must be on the licensed
premises to supervise the sale, service, and consumption of liquor.
(3) The
permit is the sole property of the permit holder.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-030, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-030,
filed 1/17/01, effective 2/17/01.]
WAC 314-17-035 How are lost permits
replaced? To
replace a lost Class 12 mixologist or Class 13 server permit, the permit holder
can:
(1) Contact
the provider or trainer who issued the permit; or
(2) Submit
an affidavit of lost permit on a form provided by the board to the licensing
and regulation division with a fee as prescribed by the board. The board will
cancel the lost permit and issue a replacement permit.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-035, filed 1/17/01, effective
2/17/01.]
WAC
314-17-040 Can Class 13 server permit holders upgrade to a Class 12
mixologist permit when they turn twenty-one? Class 12 mixologist permits are only
issued to persons twenty-one years of age or older. Therefore, any eighteen,
nineteen, or twenty year-old person who successfully completes a Class 12
mixologist class will be issued a Class 13 server permit.
(1) Upon
turning twenty-one years of age, the server may contact the provider or trainer
who issued the permit and receive an upgraded Class 12 mixologist permit.
(2) The
expiration date of the permit will remain five years from the date of the
original class.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-040, filed 1/17/01, effective
2/17/01.]
WAC
314-17-045 How do I get a Class 12 mixologist or a Class 13 server
permit in Washington if I was trained in another state? (1) Per
RCW 66.20.320(10), if you have completed an alcohol server education course in
another state since July 1, 1993, and the course is also certified in
Washington State, you may receive a Class 12 mixologist or a Class 13 server
permit in Washington by completing the provider's Washington State supplement
to the program. This supplement will cover Washington State liquor laws and
regulations. (You can contact the board's licensing and regulation division to
find out if the course you completed is certified in Washington.)
(2) The
provider will issue you a Washington State permit, which will expire five years
from the first day of the month following the date the original class was
taken. (For example, if you completed the program in another state on June 15,
1996, the Washington permit will expire on July 1, 2001.)
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-045, filed 1/17/01, effective
2/17/01.]
WAC
314-17-050 How can a person receive certification as a Class 12
mixologist or Class 13 server permit provider? An individual,
partnership, corporation, college, educational institute, or other bona fide
legal entity may apply to be certified by the board to become a Class 12
mixologist and/or a Class 13 server permit provider.
(1) In
order to get a course certified, the proposed provider must submit the
following information to the board's licensing and regulation division:
(a) A
completed application form provided by the board;
(b) A copy
of the proposed curriculum (see WAC 314-17-060);
(c) A copy
of all audio, video, and instructional materials that will be used in the
course;
(d) A copy
of all printed materials that will be provided to participants as part of the
course; and
(e) An
explanation of the examination procedures necessary to pass the course.
(2) The
board's licensing and regulation division will respond to the request for
certification within forty-five days of receipt of the material. The board will
either:
(a) Issue a
letter of certification which will be valid for five years, or
(b) Provide
a letter outlining what additions or changes need to be made to the course to
meet the requirements outlined in this title. If the additions or changes are
not received by the licensing and regulation division within thirty days, the
application for course certification will be withdrawn.
(3)(a) Upon
certification of the program, the board will provide the standardized exam to
be used for all training conducted. Trainers may use existing, board-approved
exams until January 1, 2005.
(b) With
board approval, trainers may provide an additional exam or add questions to the
standardized exam, as long as the questions on the standardized exam are not
altered and are left in the same order.
(4) The
board or its designee may attend any class provided by certified providers and
their trainers at no charge, in order to evaluate the course for conformance
with this title.
(5) The
provider must receive prior approval from the board's licensing and regulation
division before making any changes to the course content or method of
presentation that has been certified by the board.
(6)
Providers who wish to renew their program must submit a complete program to the
board's mandatory alcohol server training program manager at least forty-five
days prior to expiration of their certification, as outlined in subsection (2)
of this rule.
(7) The
board may consider any information pertaining to a provider or trainer's
certification in any state, including any certification suspensions or
revocations in the past five years.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-050, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-050,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-055 Temporary certification as a provider. (1)
Persons or entities may apply for temporary certification by the board to
become a Class 12 mixologist and/or a Class 13 server permit provider.
Temporary certification may be issued by the board for up to six months. During
this time period, the provider may adjust their course content or method of
presentation without prior board approval, within the guidelines set by the
board's licensing and regulation division in the temporary certification.
(2) In order
to get a course certified, the proposed provider must submit the information
outlined in WAC 314-17-050(1).
(3) The
board's licensing and regulation division will evaluate the program to see if
it meets the minimum standards set by RCW 66.20.300 through 66.20.350, and will
respond to the request for temporary certification within forty-five days of
receipt of the material. The board will either:
(a) Issue a letter of temporary certification which
will be valid for up to six months, or
(b) Provide
a letter outlining what additions or changes need to be made to the course to
meet the requirements outlined in this title. If the additions or changes are
not received by the licensing and regulation division within thirty days, the
application for temporary certification will be withdrawn.
(4)(a) Upon
temporary certification of the program, the board will provide the standardized
exam to be used for all training conducted. Trainers may use existing,
board-approved exams until January 1, 2005.
(b) With
board approval, trainers may provide an additional exam or add questions to the
standardized exam, as long as the questions on the standardized exam are not
altered and are left in the same order.
(5) The
board or its designee may attend any class provided by certified providers and
their trainers at no charge in order to evaluate the course for conformance
with this title. If, in the opinion of the board or their designee, the
provider does not comply with the lesson plan submitted and approved or any of
the requirements of this title, the temporary certification may be immediately
revoked.
(6) If
permanent certification is not obtained during the six-month temporary
certification period, at the end of the temporary certification period, the
provider must return the following materials to the board's licensing and
regulation division:
(a) The
original letter of board certification,
(b) Any
Class 12 mixologist and/or Class 13 server permit forms, and
(c) Records
of all permits issued during the temporary certification period.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-055, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-055,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-060 What are the course standards for Class 12 mixologist
and Class 13 server permits?
|
(1)
Requirements for a Class 12 mixologist permit course |
(a) The course
of instruction must be at least three hours in length. The course may be by
video or audio-visual presentation together with facilitation by an
authorized provider or trainer. |
|
|
(b) In addition
to meeting the requirements of RCW 66.20.320 (1)(d), the course must contain
a standard workbook that covers the specifics of Washington liquor laws and
regulations as they relate to: |
|
|
(i) Recognizing
and dealing with intoxicated persons, |
|
|
(ii) How to
check identification, |
|
|
(iii)
Employment of persons under twenty-one years of age, |
|
|
(iv) Legal hours
of liquor sale and service, |
|
|
(v) Prohibited
conduct by patrons and employees, |
|
|
(vi) Required
signs in liquor licensed establishments, |
|
|
(vii) Minimum
lighting requirements, and |
|
|
(viii)
Administrative and criminal sanctions against liquor licensees and Class 12
and Class 13 permit holders. |
|
(2)
Requirements for a Class 13 server permit course |
(a) The course
of instruction must be at least one hour in length. The course may be by
video or audio-visual presentation of not less than thirty minutes together
with facilitation by an authorized provider or trainer, or a sixty-minute
self-teaching video . |
|
|
(b) In addition to meeting the requirements of RCW 66.20.320 (1)(d), the
course must contain a standard workbook that covers the specifics of
Washington liquor laws and regulations as they relate to: |
|
|
(i) Recognizing and dealing with intoxicated persons, |
|
|
(ii) How to check identification, |
|
|
(iii) Employment of persons under twenty-one years of age, |
|
|
(iv) Legal hours of liquor sale and service, |
|
|
(v) Prohibited conduct by patrons and employees, and |
|
|
(vi) Administrative and criminal sanctions against licensees and Class 13
server permit holders. |
|
(3)
Requirements and guidelines for both Class 12 mixologist and Class 13 server
permit courses |
(a) At the beginning of each class, the trainer must give each student: |
|
|
(ii) A statement that says, "If you have questions, comments, or
complaints about the program, please call the liquor control board" and
includes the appropriate board telephone numbers; and |
|
|
(iii) A notice that students must complete the course in order to take the
exam. |
|
|
(b) Students must complete[a] [the] written examination in the presence of
the certified trainer that demonstrates the student is familiar with the
liquor laws and rules outlined in subsections (1) and (2) of this rule.
During the examination, trainees may not refer to any written or video
material or have a discussion with another person during the exam (unless the
instructor authorizes the student to use an interpreter). |
|
|
(c) Providers or trainers may not suggest that the state of Washington, the
board, or any state agency endorses or recommends the provider's program to
the exclusion of any other program. |
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270,
66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-060, filed 8/25/04,
effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310,
66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-060, filed
1/17/01, effective 2/17/01.]
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
314-17-065 How does a provider receive certification for its
trainers? (1) To receive board certification for trainers to
teach a course approved by the board, the provider must submit a form provided
by the board to the board's licensing and regulation division.
(2) The
provider will only contract with trainers who:
(a) Have a
minimum of two years of post-secondary education in one or more of the
following fields or a combination of the following fields, or equivalent years
of experience:
(i)
Training;
(ii)
Education;
(iii) Law;
(iv) Law
enforcement;
(v)
Substance abuse rehabilitation; and/or
(vi)
Hospitality industry.
(b) Hold a
Class 12 mixologist permit; and
(c) Meet
the criminal history requirements outlined in WAC 314-17-070.
(3) The
board may consider any information pertaining to a provider or trainer's certification
in any state, including any certification suspensions or revocations in the
past five years.
(4) Prior
to receiving certification, the applicant trainer must attend either:
(a) A
board-approved train-the-trainer course provided by the MAST provider; or
(b) A
briefing conducted by a liquor control board enforcement officer. Proof of the
training must be submitted with the trainer registration form.
(5) The
board's licensing and regulation division will respond to the request for
trainer certification within thirty days of receipt of the request. The board
will either:
(a) Issue a
letter to the provider and each trainer that authorizes the trainer(s) to teach
the approved course (the trainer's authorization expires on the date the
provider's certification expires); or
(b) Send a
letter to the provider outlining why an applicant trainer does not meet the
qualifications outlined in this title.
(c)
Trainers may not begin training certified alcohol server education courses
until they receive their authorization letter from the board.
(d)
Trainers must teach the provider's program as approved and may not change the
method of presentation or course content without approval from the provider and
the liquor control board's mandatory alcohol server training program manager.
(6) It is
the responsibility of the approved provider to keep the board's licensing and
regulation division informed of all current trainers.
(a) The provider must
notify the board's licensing and regulation division within seventy-two hours
of the termination of a trainer, or within seventy-two hours of when the
provider is notified that a trainer has terminated his/her employment.
(b) For the
hiring of new trainers, the provider can either:
(i) Notify
the board's licensing and regulation division in writing of any new trainers
within thirty days of the date of hire; or
(ii) Provide
a list of all current trainers to the board's licensing and regulation division
monthly.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-065, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-065,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-070 What criminal history would prevent a person from
receiving certification to be a trainer? (1) The board's
licensing and regulation division may conduct a criminal history check on a
person applying to be an alcohol server education trainer, using the point
system below. The application may be denied if the applicant's criminal history
totals eight or more points:
|
Description |
Time period during which points will be
assigned |
Points the board will assign |
|
Gross
misdemeanor conviction |
Three years |
5 points |
|
Misdemeanor
conviction - involving alcohol |
Three years |
4 points |
|
Misdemeanor
conviction - not involving alcohol |
Three years |
3 points |
|
Driving
under the influence conviction |
Three years |
5 points |
|
Reckless
and/or negligent driving conviction - alcohol related |
Three years |
5 points |
|
Reckless
and/or negligent driving conviction - not alcohol related |
Three years |
4 points |
|
Hit
and run, attended - conviction |
Three years |
5 points |
|
Two
to five failures to appear for court conviction |
Three years |
4 points |
|
Six
or more failures to appear for court conviction |
Three years |
8 points |
|
Felony
conviction |
Five years |
12 points |
|
On
parole from a felony |
n/a |
8 points |
|
Nondisclosure
of information requested by the board |
n/a |
4 points each, PLUS the points of the
fact which was not disclosed |
|
Misrepresentation
of fact to the board |
n/a |
8 points, PLUS the points of the fact
which was not disclosed |
(2) For
pending criminal charges that would score eight or more points in the event of
conviction, the board's licensing and regulation division will hold the
trainer's application pending disposition of the matter. If the matter is not
resolved within ninety days, the board will withdraw the application.
(3) A
person whose application to become an alcohol server education trainer is
denied by the licensing and regulation division due to a criminal history may
request an adjudicative hearing under the provisions of the Administrative
Procedure Act (chapter 34.05 RCW). At the board's discretion it may elect to
conduct the adjudicative hearing itself or it may assign the matter to the
office of administrative hearings.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-070, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-070,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-075 How does a provider or trainer get Class 12 mixologist
and Class 13 server permits to issue to course participants? (1) Authorized providers and trainers of
certified programs may order Class 12 mixologist and Class 13 server training
permits from the board's licensing and regulation division, to issue to
students who successfully complete an approved course (see WAC 314-17-080(3)
regarding eighteen, nineteen, and twenty year-old students who complete a Class
12 mixologist course).
(2) The
permits must be ordered on a form provided by the board. The board will charge
a nominal fee in order to cover its costs to produce the permits.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-075, filed 1/17/01, effective
2/17/01.]
WAC
314-17-080 What are the age requirements for trainees to receive,
and trainers to issue, Class 12 mixologist and Class 13 server
permits? (1)
Class 12 mixologist permits are only issued to persons twenty-one years of age
or older. Therefore, any person who is eighteen, nineteen, or twenty years of
age who successfully completes a Class 12 mixologist course will be issued a
Class 13 server permit.
(2) Class 13
server permits may only be issued to persons eighteen years of age and older.
(3) Upon
turning twenty-one years of age, a Class 13 server permit holder may receive an
upgraded Class 12 mixologist permit from the provider or trainer who issued the
permit. The expiration date of the permit will remain five years from the date
of the class.
(4) If a
provider or trainer issues a Class 12 mixologist permit in error to a person
under twenty-one years of age, the provider or trainer must take the following
steps:
(a) Contact
the permit holder and notify him/her that the permit was issued in error;
(b) Retrieve
the original Class 12 mixologist permit from the permit holder; and
(c) Issue
the correct Class 13 server permit (only after receiving the original Class 12
mixologist permit that was issued in error).
(d) Within
thirty days of the date the permit was issued in error, or of being notified by
the board of the error, the provider or trainer must:
(i) Provide
the tear-off portion of the corrected Class 13 server permit to the board's
licensing and regulation division; or
(ii) If unable to
contact the permit holder and issue a corrected permit, the provider or trainer
can provide the board's licensing and regulation division proof that a
certified letter was sent to the trainee who received the Class 12 mixologist
permit in error.
(5) If a
provider or trainer issues a Class 13 servers permit in error to a person under
eighteen years of age, the provider or trainer must take the following steps:
(a) Contact
the permit holder and notify him/her that the permit was issued in error.
(b) Retrieve
the original Class 13 server permit from the permit holder.
(i) If
unable to contact the permit holder and retrieve the invalid permit, the
provider or trainer must provide the board's licensing and regulation division
proof that a certified letter was sent to the trainee informing the trainee the
permit was issued in error and that serving liquor with the unauthorized permit
may be cause for a criminal citation.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-080, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-080,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-085 What records does the provider or trainer need to
provide to the board or keep on file? (1) A list of the individuals receiving
the class 12 or class 13 permits must be forwarded to the board's licensing and
regulation division within three calendar days of the completion of the class.
(2) Within
thirty days of all training classes, the provider or trainer must give all
class participants who successfully pass the exam their permit and submit the
tear-off portion of the permit form, completed in full, for all Class 12 and/or
Class 13 permits issued to the board's licensing and regulation division.
(3) The
following information must be kept at the trainer's place of business,
available for inspection and copying by board employees, for a period of five
years:
(a) Copies
of all Class 12 and/or Class 13 permits issued by the provider or authorized
trainers (electronic records may be kept in lieu of hard copies of the permit
forms for those programs using an automatic upload process); and
(b) All
course presentation information, including the location, date, and time of
every class given, together with the names of the trainer and names of students
that attended each class.
(4) The
provider or trainer must provide the following information to the board or its
designee upon request:
(a) Advance
notice of any classes that have been prescheduled; and
(b) Copies
of program publications, brochures, pamphlets, scripts, or any other
advertising materials related to the alcohol server training course.
[Statutory
Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240,
66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, § 314-17-085, filed
8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300,
66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-085,
filed 1/17/01, effective 2/17/01.]
WAC
314-17-090 Prohibited conduct by providers and
trainers. No
provider or trainer will:
(1) Make any
material false or misleading statement to induce or prevent board actions;
(2) Falsify,
alter, or tamper with alcohol server training permits or records;
(3) Prohibit
or interfere with on-site observations by the board or its staff, or fail to
assist the board or its staff in scheduling these observations.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-090, filed 1/17/01, effective
2/17/01.]
WAC
314-17-095 Is the provider responsible for the acts of its
trainers? The
board may hold a provider responsible for any act or omission of the provider's
program personnel, authorized trainers, or representatives that violates any
law or rule affecting provider privileges.
(1) If a
provider discovers a trainer has not complied with a provision of the alcohol
server training requirements, the provider must contact the board's mandatory
alcohol server training manager within five calendar days.
(2) The
provider must submit an action plan to the board's mandatory alcohol server
training program manager within ten calendar days. The action plan must include
corrective action that will be taken to ensure compliance with liquor control
board laws and rules.
[Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010,
66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290],66.44.310 . 04-18-038, §
314-17-095, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW
66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350.
01-03-085, § 314-17-095, filed 1/17/01, effective 2/17/01.]
WAC
314-17-100 What are the penalties if provider or a trainer violates
a liquor law or regulation? Following are the penalties for a provider or trainer that
violates any of the provisions of RCW 66.20.300 through 66.20.350 or any of the
requirements of chapter 314-17 WAC (except for providers with temporary
certification, see WAC 314-17-055(4)):
|
(1)
First violation |
(a) The
provider or trainer will receive a notice of intended suspension/revocation
of the board's certification or authorization. |
|
(2)
First violation not resolved and/or second violation occurs |
(a) The board
will suspend its approval and certification of the provider and/or trainer
for up to six months. |
|
(3)
Successive violations within a two-year period |
The board may cancel or suspend the
approval and certification of the provider and/or trainer for up to five
years. |
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-100, filed 1/17/01, effective
2/17/01.]
WAC
314-17-105 What are the penalties if a permit holder violates a
liquor law or rule? (1) Penalties assessed for violations within
a three-year period will normally be as follows:
|
Violation
Type |
1st
Violation |
2nd
Violation |
3rd
Violation |
4th
Violation |
|
AFTER
HOURS: Selling, serving,
or allowing alcohol to be consumed between 2 a.m. and 6 a.m. See WAC
314-11-070. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
DISORDERLY
CONDUCT: Disorderly
conduct by the licensee or employee, or allowing patrons to engage in
disorderly conduct. See WAC 314-11-050. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
FALSIFICATION
OF PERMIT: Falsifying a
class 12 or class 13 permit or possessing a class 12 or class 13 permit
contrary to this title. See RCW 66.20.310(2) and WAC 314-17-025. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
INTOXICATED
PERSONS: Selling or
serving to an apparently intoxicated person or allowing such a person to
possess or consume alcohol. See RCW 66.44.200 and WAC 314-11-035. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
LEWD
CONDUCT: Allowing lewd
conduct on the licensed premises. See WAC 314-11-050. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
MISCELLANEOUS: Violation of other retail liquor laws
or rules. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
MINORS: Selling or serving alcohol to a person
under twenty-one years of age. See RCW 66.44.310 and WAC 314-11-020(1). |
5 day permit
suspension OR $200 monetary option |
10 day permit
suspension OR $400 monetary option |
30 day permit
suspension OR $600 monetary option |
revocation of
permit |
|
MINORS: Allowing persons under twenty-one
years of age to frequent a restricted premises or area. See RCW 66.44.310 and
WAC 314-11-020(2). |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit |
revocation of
permit |
|
OBSTRUCTING
AN OFFICER: Obstructing a
law enforcement officer, or failure to allow an inspection. See RCW
66.28.090. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
OTHER
VIOLATION OF LAWS:
Conviction of liquor laws, DUI, or felony. |
5 day permit
suspension OR $100 monetary option |
revocation of
permit |
|
|
|
PERMIT: Failure to produce permit and/or ID
upon request. See RCW 66.20.310(2) and 66.20.180. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
|
PRIVATE
CLUBS: Prohibitions
involving club liquor and use by the general public. See WAC 314-40-010. |
5 day permit
suspension OR $100 monetary option |
10 day permit
suspension OR $200 monetary option |
30 day permit
suspension OR $400 monetary option |
revocation of
permit |
[Statutory Authority: RCW 66.08.030,
66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291
[66.44.290],66.44.310 . 04-18-038, § 314-17-105, filed 8/25/04, effective
9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320,
66.20.330, 66.20.340, 66.20.350. 01-03-085, § 314-17-105, filed 1/17/01,
effective 2/17/01.]
WAC
314-17-110 Can the board impose sanctions or penalties other than
those indicated 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 outlined in
WAC 314-17-105.
(2) Examples
of aggravating and mitigating circumstances include, but are not limited to:
|
(a) Examples
of aggravating circumstances: |
(b)
Examples of mitigating circumstances: |
|
• Patron's identification not
checked; |
•
Permit holder checked one of the acceptable forms of identification (per RCW
66.16.040); |
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-110, filed 1/17/01, effective
2/17/01.]
WAC 314-17-115 Can a
Class 12 or Class 13 permit holder work on a licensed premises while his/her
permit is suspended? (1) During a suspension period, permit
holders may work on a liquor licensed premises provided they are not involved
in any way in the sale or service of alcohol.
(2) No
permit is required to be a cashier, receptionist, cook, or custodian.
[Statutory
Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330,
66.20.340, 66.20.350. 01-03-085, § 314-17-115, filed 1/17/01, effective
2/17/01.]