ALCOHOL IMPACT AREAS

These rules were adopted by the Board on April 28, 1999 and will become effective July 3, 1999.

The Washington State Liquor Control Board is proposing language for several potential new rules regarding alcohol impact areas.

Summary of Rules

If adopted, the proposed rules would allow the board to recognize a geographic area within a city or town as an "Alcohol Impact Area." A request to recognize an Alcohol Impact Area (AIA) must be brought to the Board by a local jurisdiction.

The local jurisdiction would first be responsible to adopt an ordinance stating an area has experienced significant problems due to the presence of chronic public inebriation or illegal activity associated with alcohol sales or consumption.

The local ordinance must include documentation to show the community is experiencing a pervasive pattern of public intoxication or public consumption of alcohol.

If the Board recognized an AIA, the agency would give local jurisdictions more time to review liquor license applications and renewals for businesses inside an AIA.

In specific circumstances outlined in the proposed rules, the local jurisdiction could also request that the Board restrict retailers in an AIA from selling certain types of alcohol products or alcohol product containers for off-premises consumption ("to go"), or that the Board restrict the hours that these retailers can sell alcohol to go.

How are these rules different from the earlier version?

The Board held public hearings throughout the state in January on an earlier version of these rules. Based on testimony received during the hearings and subsequent input, the Board is proposing the attached, revised rule language. The significant differences between these two versions are:

The previous rules had sections on neighborhood livability. These rules were separated, and will be the subject of another rule making action.

These proposed rules provide local officials an expanded time period of 60 days to comment on liquor license applications inside an alcohol impact area. The previous version of the rules allowed 90 days.

Language was added to state that the rules will be reviewed by the Board after the first AIA has been in effect for one year.

The proposed rules indicate that the Board can potentially restrict the off-premises sale of certain alcohol product containers, in addition to restricting the types of alcohol products sold to go.

Language was added throughout the proposed rules to clarify that potential product restrictions and hours restrictions apply only to the sale of alcohol to go.

Why is the Liquor Control Board proposing these rules?

The purpose of the proposed rules is to provide a tool for the Board to work with local government and community organizations to address any problems the community is experiencing as a result of chronic public inebriation.

The rules are designed to implement regulation only after local officials have first attempted to address the problems through community-based, voluntary efforts.

When requesting that the Board recognize an AIA, the local officials must provide documentation to show there is a pervasive pattern of public intoxication and/or public consumption of alcohol.

Public Comment

You are encouraged to comment on these proposed rules. You may attend the public hearing listed below, or forward your comments to the Board by April 14, 1999:

Public hearing:
April 7, 1999 - 9:30 a.m.
Liquor Control Board
1025 East Union Avenue
Capital Plaza Building, 5th Floor Board Room
Olympia

If you have any questions please contact Teresa Berntsen, Rules Coordinator, at 360-664-1648.

NEW SECTION

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 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.

NEW SECTION

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

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 WAC 314-12-215 (3).

(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 60 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 60 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 60 day comment period is requested.

(b) For renewals, notice will be mailed to the government subdivision not less than 90 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.

NEW SECTION

WAC 314-12-220 General Review.

The board will initiate a study of the effectiveness of WAC 314-12-210 and 12-215 one year following recognition of the first AIA under these rules. The study, which shall take no more than 90 days, will recommend the continuation, modification, or repeal of these rules.

NEW SECTION

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.