FREQUENTLY ASKED QUESTIONS
INFORMATION FOR LIQUOR AND TOBACCO
LICENSEES AND THE PUBLIC

I. GENERAL INFORMATION

1. Who can enforce the liquor and tobacco laws of the state?

ANSWER: All commissioned officers of county sheriff and municipal police departments; liquor and tobacco control agents of the Liquor Control Board and commissioned members of the Washington State Patrol.

2. May liquor and tobacco control agents, police officers, sheriff's deputies and state troopers inspect a licensed business?

ANSWER: Yes. These agents and officers have the right to inspect all licensed liquor and tobacco business locations, places where a banquet permit has been issued and vehicles used in connection with a licensed business.

3. May liquor agents take samples of liquor from licensees for analysis?

ANSWER: Yes. The agent is required to provide a receipt for such samples.

4. Do liquor and tobacco control agents have a legal right to examine business records and accounting documents of a licensed business?

ANSWER: Yes.

5. What is Mandatory Alcohol Server Training? (MAST)

ANSWER: Effective January 1, 1997 the legislature requires that everyone who sells or serves alcohol in an on-premise establishment must have either a class 12 managers and bartenders permit or a class 13 servers permit. Before a permit is issued, the employee must attend alcohol server training from a Board approved trainer.

6. Does a person have to be a U.S. Citizen to qualify for a liquor license?

ANSWER: No.

7. Must a husband and wife both be qualified for a license if only one will be named on the license?

ANSWER: Yes.

II. QUESTIONS PERTAINING TO LIQUOR

8. What is the legal age for a person to buy, possess or consume alcoholic beverages?

ANSWER: 21 years of age.

9. If I'm under 21 and in the military, can I drink alcohol off base?

ANSWER: No.

10. What are the legal hours of sale or consumption by a licensed business?

ANSWER: 6:00 a.m. to 2:00 a.m., seven days a week.

EXCEPTION: When turning back the clock at the end of Daylight Savings Time, an extra hour is added making 2:00 a.m. Pacific Standard time the closing hour.

11. Can an intoxicated person remain in a licensed premises (tavern, grocery store, restaurant that sells beer, wine or spirits)?

ANSWER: Yes. The person cannot, however, be served any alcohol, or be allowed to consume any alcohol, or possess any alcoholic beverages.

12. Is there any instance where an intoxicated person can legally be sold alcohol, consume alcohol, or posses alcohol on a licensed premises?

ANSWER: No.

13. Can a person who is showing obvious signs of intoxication, but is not driving, be sold liquor?

ANSWER: No. It is illegal to sell liquor to or allow an apparently intoxicated person to consume or possess liquor under all circumstances.

14. Is a patron required to have valid I.D. on their person at all times they are on a licensed premises?

ANSWER: No. However, a youthful appearing person is required to provide I.D. when requested by either the licensee, their employees, police officers or agents of the Liquor Control Board.

15. Must a person be 21 years old to serve liquor in a tavern or cocktail lounge?

ANSWER: Yes.

16. Can an employee 18, 19 or 20 years old enter a cocktail lounge to pick up drink orders to be served in the restaurant portion of the business?

ANSWER: Yes. 18, 19, and 20 year old employees are allowed access to the lounge to provide this service and for purposes of picking up and delivering glasses and other bar maintenance responsibilities.

17. Under what conditions should a licensee retain altered or fraudulent I.D.?

ANSWER: The Liquor Control Board does not want any licensee or licensee's employee to risk a confrontation or physical injury over improper I.D. You may advise the person presenting the I.D. that you will be turning it over to the liquor and tobacco control agent or a local law enforcement agency.

However, if there is any chance of confrontation, the identification should be immediately returned and the subject asked to leave the premises. Notify the police if there are further problems.

18. What is the purpose of using Licensee Certification cards?

ANSWER: The licensee certification card, when properly used, provides protection by law to the licensee against criminal charges and civil suit. Be sure you fully understand the proper use of these cards by discussing them with your liquor and tobacco control agent.

19. Where can I get Licensee Certification cards?

ANSWER: The cards are provided at no cost at your local liquor store or agency.

20. Can liquor be sold on election day?

ANSWER: Yes.

21. Is a liquor licensee responsible if their employees sell alcohol to someone under 21 years of age?

ANSWER: Yes. The holder of a liquor license is responsible for the acts of their employees.

22. Am I responsible for fights that happen in my business?

ANSWER: Yes. Call the police or sheriff if customers become disorderly.

23. How can I get rid of someone who is causing trouble?

ANSWER: Call the police or sheriff and sign a complaint.

24. Am I responsible for what happens in my parking lot, or other areas outside of my business within my control, or in the alley behind my business?

ANSWER: Yes. A liquor licensee is responsible for the licensed business and the area immediately around it. A licensee cannot allow any disorderly conduct in the licensed business or adjacent property which is owned or leased by the licensee.

25. Is suggestive, lewd or obscene conduct permitted in a liquor licensed business?

ANSWER: No. The rules are very specific on what can or cannot be allowed. Check with your local liquor and tobacco control agent for a detailed explanation of these rules.

26. May I give away beer, wine and spirituous liquor?

ANSWER: Sometimes, yes. You may give away a drink as a compensation for poor service, or to help a customer celebrate their birthday, anniversary, special occasion, etc.

You may not give away liquor as a normal business or promotional activity. You may not advertise free or complimentary liquor.

27. May I sell hats, T-shirts, etc., with liquor logos on them?

ANSWER: Yes, provided you, the retailer, have purchased them and have the invoices to prove it.

28. Who can I, as a retailer, purchase beer and wine from?

ANSWER: You may only purchase beer and wine from authorized distributors, Washington breweries and/or wineries, or the Board. You may NOT purchase liquor from another retail licensee. You may NOT bring any liquor in from out of state.

29. Can I sell homemade beer and wine?

ANSWER: No.

30. How long do I need to keep my business records for inspection or review?

ANSWER: Two years for the Liquor Control Board. Five years for the Department of Revenue.

31. Can I change my trade name at any time?

ANSWER: Yes. However, prior to changing your business trade name, you must submit an application and fee.

32. When a liquor licensed business changes owners, does the new licensee carry the record of the previous owner?

ANSWER: No. You start with a clean slate.

33. Can I make alterations to my restaurant?

ANSWER: Yes, but some changes require prior Board approval by submitting a form provided by the Board's licensing and regulation division:

• Extending the location of alcohol service, such as a beer garden or patio/deck service (areas must be enclosed with a barrier a minimum of forty-two inches in height). 
  
• Installing a pass-through window for walk-up customers.
  
• Any alteration that affects the size of a premises' customer service area.

34. Is there any way that people can buy or drink alcoholic beverages at my business during a period of suspension?

ANSWER: No! If your liquor license is suspended, you may not sell, serve or allow consumption of alcohol at your business. You may also not accept delivery of alcohol during a suspension period. A banquet permit event may not be held at the business during the time of suspension.

35. Am I required to display my liquor license?

ANSWER: Yes. It must be on display for public viewing.

36. Does the Liquor Control Board regulate obscene pictures, literature or advertising at a liquor licensed business?

ANSWER: Yes. Lewd or obscene pictures are prohibited. The rule is quite specific. Ask your local liquor and tobacco control agent to review it with you if you have any questions about specific material.

37. Can I, as a retailer, sell liquor on credit?

ANSWER: Yes. Retail liquor licensees may sell liquor either by cash, check, credit card or your own credit account.

38. What is the minimum lighting requirement for businesses that sell liquor for consumption on site?

ANSWER: Lighting must be sufficient to read 8 point type (the size of type on a driver’s license).

39. Do I need Board permission to have entertainment?

• After 10 p.m., if a licensee wishes to continue or to start live music in the dining area, the licensee must either 
  1. restrict persons under 21 years of age from the dining area, or 
  2. end the sale and service of liquor in the dining area.
     
     
  The licensee must notify the Board of which option they are choosing.
  
• Licensees may also choose to restrict minors in the dining area earlier than 10 p.m. (with prior notice to the Board).
  
• Liquor licensees must notify their local enforcement office in writing at least forty-eight hours before conducting the following activities:
  
  
  1. Male/female dance reviews, subject to the provisions of WAC  314-16-125;
  2. Live boxing or wrestling;
  3. Contests or games where patrons are part of the entertainment; and
  4. Hours of operation in between 2:00 a.m. and 6:00 a.m. for licensees that sell liquor for on-premises consumption.

40. Can persons who are under 21 years of age play in the band or work in a tavern or cocktail lounge?

ANSWER: Yes. A professional minor musician (someone who plays a musical instrument or is a vocalist), sound and/or lighting technician, or disc jockey who is between 18 years of age and 20 years of age may perform in a retail liquor licensed business.

NOTE: This does NOT include dancers, magicians, comedians, etc.

41. Are there any exceptions to persons under 21 years old being in a tavern or cocktail lounge?

ANSWER: Yes. The exceptions are as follows:

1) A person who performs janitorial services who is 18 years old or more may perform those services in a tavern or cocktail lounge when it is closed,

2) a person who is 18 years old or more who repairs amusement games may do so in a tavern or cocktail lounge, and

3) law enforcement officers and fire fighters who are 18 years of age or more may enter a tavern or cocktail lounge to perform official duties. (Note: Security personnel employed by the licensee must be 21 or older.)

42. Where can a minor musician perform?

ANSWER: On the stage or bandstand, or as a strolling musician.

43. Can a musician 18 to 20 years old be seated at the bar or at a table in a cocktail lounge or tavern with patrons during his/her break?

ANSWER: No.

44. Can an employee or licensee drink alcoholic beverages while working?

ANSWER: No.

45. Can cashiers, bus boys/girls, waiters, etc., drink alcohol beverages while working?

ANSWER: No.

46. Can a banquet permit function be held on a liquor licensed premises?

ANSWER: Yes. However, the liquor belonging to the retail licensee cannot be served within the banquet permit area, nor can banquet permit liquor leave the area designated by the banquet permit.

47. Can a person holding a banquet permit function at a licensed premises allow their underage children to consume liquor?

ANSWER: No, not on a liquor licensed premises or in a public place.

48. Can a banquet permit holder purchase liquor at wholesale or discount?

ANSWER: No. All liquor must be purchased at retail.

49. What are the hours a banquet permit authorizes the consumption of liquor?

ANSWER: The same as state law pertaining to licensed business applies - 6:00 a.m. to 2:00 a.m.

50. Can banquet permit functions be open to the general public?

ANSWER: No. Private or closed functions only.

51. Is a licensee responsible for the conduct of a banquet permit function on the licensed premises?

ANSWER: The licensee is required to maintain control of the licensed premises at all times.

52. Can a restaurant - spirits, beer and wine purchase spirits (hard liquor) from someone other than the Washington State Liquor Control Board?

ANSWER: No. Spirits must be purchased from a Board store, agency, or vendor using the restaurant - spirits, beer and wine restaurant purchase permit and receiving the appropriate discount.

53. Can a restaurant - spirits, beer and wine licensed business keep spirituous liquor in a bottle or container other than the one it was purchased in?

ANSWER: Generally, no. However, there is an exception for premixed martinis, manhattans, etc.

54. Is a retail licensee permitted to refill empty liquor bottles?

ANSWER: No. It is a violation to reuse, refill or tamper with any bottle of hard (spirituous) liquor.

55. Is it okay to pour the contents of a partially filled liquor bottle into another partially filled bottle of the same kind of hard liquor?

ANSWER: No. The rules do not allow "refilling," even when it's the same kind of liquor.

56. Can a restaurant - spirits, beer and wine licensee use electronic games and amusement devices in their business location?

ANSWER: Normally yes, if you intend to place the games in the lounge. If you wish to put the games in the dining area, contact your assigned liquor and tobacco control agent.

57. Can a class restaurant - spirits, beer and wine licensee or a private club - spirit, beer and wine sell liquor by the bottle to go?

ANSWER: No. A restaurant - spirits, beer and wine license is issued, for the most part, to sell liquor by the individual glass for consumption on the premises. A restaurant - spirits, beer and wine licensee or a private club - spirits, beer and wine with sleeping accommodations may sell liquor by the bottle to registered guests for consumption in their rooms.

58. Can spirituous liquor be removed from the licensed business?

ANSWER: Under certain conditions a restaurant - spirits, beer and wine licensed business may obtain a caterer’s endorsement which allows liquor to be removed from the business and served at another location. Call your assigned liquor and tobacco control agent for details.

59. Can a partially consumed bottle of wine which was purchased with a meal in a restaurant, hotel or club be taken home?

ANSWER: Yes. The remaining portion of any wine purchased for consumption with a meal may be taken home, provided it is recorked or recapped in its original container.

60. Can a customer bring their own wine into a restaurant?

ANSWER: Yes. At the option of the licensee, provided the restaurant holds either a restaurant- sprits, beer and wine license or a restaurant - beer and wine license. The wine must be consumed with a meal. The licensee may charge a corkage fee.

61. Is it required that beer and wine taps be marked?

ANSWER: Yes. Beer taps must contain the brand name of the beer on tap in legible lettering visible from both the front and rear. Wine taps must be marked and contain the brand name, wine type and wine manufacturer's name.

62. Can beer, wine and spirits be served in a Restaurant - Spirits, beer and wine establishment when no food is available?

ANSWER: No. In a restaurant - spirits, beer and wine licensed establishment, anytime beer, wine or spirits are offered for sale, minimum food service must be available. Minimum food service means sandwiches and/or short orders such as deep fried foods, hors d'oeuvres, soup, or chili. Prepackaged food such as chips and nuts are not adequate.

63. Can hard liquor drinks be sold by the pitcher or carafe (for example, a pitcher of margaritas)?

ANSWER: No. Spirituous liquor may only be sold by the individual glass. Sale by the individual glass means the sale of single service drinks in containers intended to hold an individual portion. Sale of margaritas and other cocktails served in pitchers, carafes or bowls from which two or more persons consume is prohibited.

64. Is it legal for a person under 21 years of age to serve and/or sell liquor?

ANSWER: In a restaurant - beer and wine and in a restaurant - spirits, beer and wine business, 18, 19 and 20 year olds may take orders for, sell and serve liquor in the dining and banquet areas of these premises.

This would include entering the lounge, placing the order and waiting for it to be prepared. They may not serve in the lounge area or perform the functions of a bartender (mixing drinks, drawing tap beer and wine, etc.). For further information, call you local liquor control agent.

V. QUESTIONS - TAVERN LICENSES

65. Is it okay for a person under 21 to be in a tavern?

ANSWER: No. There are exceptions for the following circumstances:

- Persons 18, 19 or 20 who are musicians, disc jockeys or sound and lighting technicians may perform in a tavern.

- Persons 18, 19 or 20 who are employees of the companies that install, maintain, repair or remove amusement devices may perform such work in a tavern.

- Security officers, fire fighters and police officers 18, 19 or 20 may enter a tavern to perform their official duties.

- Persons 18, 19, or 20 may perform janitorial services in a tavern when the business is closed.

Call your local liquor and tobacco control agent for further clarification.

66. Is it required that beer and wine taps be marked?

ANSWER: Yes. See question 61.

67. Can a tavern sell jugs of tap beer to go?

ANSWER: Yes. The container provided must be clean and sanitary and have a lid or covering.

68. Can a tavern sell kegs of beer to go?

ANSWER: Yes. It is important to remember that every keg sold to go must have attached to it a properly completed keg registration sticker. Stickers are available at no charge at Liquor Enforcement offices statewide.

69. Is spirituous liquor allowed in a tavern?

ANSWER: Normally no. Under certain circumstances an organization or group may obtain a banquet permit which would allow group members to bring spirituous liquor into an area of the tavern. Contact your local liquor and tobacco control agent for details.

VI. GROCERY STORES

70. Is a person under 21 allowed to handle beer and wine?

ANSWER: 18, 19 and 20 year olds may sell, stock and handle beer and wine as long as there is a supervisor 21 or older on the store premises. Also, anyone under 21, regardless of age, may carry a customer's beer and wine to the customer's car as long as they are accompanied by the adult purchaser.

71. Can non-alcoholic beer or wine be sold to persons under 21?

ANSWER: Yes. If the product is classified as non-alcoholic (has less than 1/2 of 1 percent of alcohol by volume as shown on the label), it is NOT considered to be liquor and can be sold to anyone.

However, a business may, by its own policy, choose not to sell non-alcoholic beer or wine to persons under 21. This is the store's decision because the product is not regulated by the Liquor Control Board.

72. Are grocery stores required to bag beer or wine?

ANSWER: No. It's normally done as a courtesy just as other groceries are bagged.

73. Can a distributor take back or replace beer or wine that a store's employees or customers have broken or damaged?

ANSWER: No. It is illegal for a store to ask the distributor to do so.

VII. RETAILERS AND DISTRIBUTORS - A CONTROLLED RELATIONSHIP

74. Can a retailer purchase beer and wine on credit?

ANSWER: No. All beer and wine must be paid for in cash at the time of delivery. A personal check or money order is considered the same as cash.

75. May a distributor extend credit on liquor to a retail licensee?

ANSWER: No. It is illegal for the distributor to extend credit and also for the retailer to accept credit.

76. May a beer or wine distributor or importer extend credit on non-liquor products?

ANSWER: Distributors and importers may sell non-alcoholic beverages and food products to a retail licensee on up to 30 days credit.

77. Can a retail licensee purchase beer or wine from another retail licensee?

ANSWER: No. Beer and wine can only be purchased from a licensed distributor (Washington breweries and wineries have distributor privileges) or the Board.

Exceptions will be authorized when:

A governmental agency is selling beer or wine lawfully seized, or a retailer has discontinued business and the distributor has refused to take back the beer and wine.

Beer and wine sold under the exception conditions must meet quality standards set by the manufacturer of the product.

78. Can a retail licensee purchase beer or wine from an out-of-state retailer, brewery, winery or importer?

ANSWER: No. Again, beer and wine can only be purchased from a licensed distributor or the Board.

79. Can a retail licensee negotiate with a distributor for a quantity discount price?

ANSWER: No. A distributor must sell to everyone at the same price.

80. Can a manufacturer, importer or distributor buy drinks for me or my customers?

ANSWER: No.

81. Can a representative from a brewery, winery, distributor or importer provide free product?

ANSWER: Yes. A brewery, winery importer, distributor or their agent may provide samples, without charge, to a retail licensee who has not previously purchased the brand type or vintage year from the supplier furnishing the sample.

Restrictions:

Beer - Samples must be limited to not more than 72 ounces of any brand and type.

Wine - Samples must be limited to not more than one liter of any brand and type.

82. Can a distillery representative provide a retail licensee with samples?

ANSWER: Yes. A distiller or their agent may provide single samples, without charge, to retail licensees authorized to sell spirits.

Restrictions:

Samples are limited to 50ml.

Only one 50ml sample of each product.

Only products not previously purchased or existing products with a change in alcohol proof or formula may be sampled.

83. Can a distributor take back or replace beer or wine that a retailer's employees or customers have broken or damaged?

ANSWER: No. See question 73.

84. Can a manufacturer, importer or distributor of liquor give free logoed T-shirts, baseball hats or other clothing items to a retailer?

ANSWER: No. Anything with a useful purpose must be sold to the retailer from the liquor supplier at no less than acquisition cost. (Keep receipts of the sale on file for two years!)

85. What can a liquor supplier give a retail liquor business?

ANSWER: A liquor supplier or his/her representative may give a retail licensee point of sale products for brand identification only. The point of sale items can have no other useful purpose to the retailer.

86. Can a retail licensee have a financial interest, or own stock in, a brewery, winery, liquor importer or liquor wholesaler?

ANSWER: No.

VIII. CHECKING IDENTIFICATION

87. What kind of I.D. can be accepted for liquor service?

ANSWER: Acceptable forms of I.D. are listed below. To be acceptable, these I.D. must include the person's: photograph, date of birth, and signature.

Types of identification legally acceptable to establish age for the purpose of a sale of liquor or tobacco are:

- A driver's license or instruction permit issued by any U.S. state or Canadian province. (If the customer's Washington state license has expired, he/she must also show a valid temporary driver's license with the expired card.)

- A U.S. Military I.D. card, including active duty, reserve, retired and/or dependent.

- A Merchant Marine I.D. card issued by the U.S. Coast Guard.

- A state liquor control I.D. An official age identification card issued by the liquor control authority of any U.S. State or Canadian province.

- A state I.D. card. An official state or Canadian province I.D. card.

- An official passport issued by any nation.

88. What should I look for an a Washington Driver's License?

• Is the card valid (not expired)?
• Does the year of birth and the first two months of the license number add up to 100?
• Is the person 21 years old or older today?
• Does the photograph look like the person in front of you?
• Does the person standing in front of you match the physical description?
• Does the card have the holder's signature?
• Is the word WASHINGTON visible in the background in gold when the card if viewed at an angle?

IX. YOUTH ACCESS TO TOBACCO

89. How old does a person need to be to buy tobacco products?

ANSWER: 18 years of age, or older.

90. What kind of I.D. can be accepted for tobacco purchases?

ANSWER: The same kind of I.D. is acceptable for tobacco that is acceptable for liquor. See question 87.

91. Do I have to have my tobacco license on display?

ANSWER: Yes, the tobacco license (a part of your Master Service License from the Department of Licensing) must be on display in a place where it can be viewed by the public.

92. What kind of signs do I have to have about tobacco?

ANSWER: A sign provided by the Board must be on display at each location tobacco is sold (cash register). These signs are provided free or charge from your local Board Enforcement offices.

93. Can I sell individual cigarettes?

ANSWER: No. All cigarettes sold must be in ORIGINAL packages with the state tax stamp on the package.

94. Where do I get an application for a cigarette license?

ANSWER: Contact the Department of Licensing, Master License Service at (360) 664-1400

95. What about cigarette vending machines? Kids can purchase cigarettes from vending machines and no one checks the kid's I.D.!

ANSWER: Cigarette vending machines can only be located in those portions of a business that are off limits to persons under 18 years of age - cocktail lounges, taverns, card rooms, etc. This keeps cigarettes out of the hands of youth.

96. How old does the person selling tobacco products have to be?

ANSWER: There is no age restriction for the person selling tobacco products. Check with your local Labor and Industries representative for any worker age restrictions.

However, if a clerk is under 18 years of age, there must be an employee over 18 on site to supervise the clerk and the sale of cigarettes.

97. When did the Liquor Control Board begin enforcing tobacco tax laws?

ANSWER: The Legislature gave the Board’s Enforcement and Education Division the responsibility for enforcing tobacco tax laws effective August 27, 1997.

98. Is it legal for me to buy cigarettes at an Indian Reservation smoke shop?

ANSWER: Normally no. Most smoke shops sell untaxed cigarettes intended for tribal members only.

It is unlawful to possess or transport unstamped, untaxed cigarettes UNLESS prior notification has been filed with the Board. Most private individuals do not file such a notice or make arrangements to pay the required taxes.

99. What will happen to me if I buy cigarettes at a smoke shop (or from out-of -state) and take them home?

ANSWER: You can be stopped, the cigarettes seized as evidence and a criminal citation issued for a gross misdemeanor. Penalties are set by your local court.

In addition, any vehicle the cigarettes are transported in MAY be seized and subject to forfeiture.

There is also a civil penalty of $10 per pack or $250, whichever is greater.

If you have more than 60,000 unstamped, untaxed cigarettes, the criminal violation becomes a felony.

100. Why do you care where I buy my cigarettes?

ANSWER: The state estimates it was losing up to 127 million dollars a year on untaxed cigarettes. The taxes on cigarettes help support health care. By not collecting this money, all citizens receive less benefits.