Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-038 - Group 5 public safety violations for sports entertainment facility licenses

Current through Register Vol. 24-14, July 15, 2024
Sports entertainment facility licenses are unique and different
				from other on-premises licenses since they are not open on a daily basis, but
				rather for specific events. Public safety violations are considered the most
				serious because they present a direct threat to public safety. All other
				violations and penalties are the same for sports entertainment facility
				licensees as other liquor licenses.
(1) General public safety violation
			 penalties.
Violation Type
1st Violation
2nd Violation in a two-year
						  window
3rd Violation in a two-year
						  window
4th and Subsequent violation in a
						  two-year window
Violations involving minors:
Sale or service to minors outside of WAC
						  314-29-038(c):
Sale or service of alcohol to a person under 21 years
						  of age.
Minor frequenting
a restricted
						  area.
RCW  66.44.270
RCW  66.44.310
WAC 314-11-020
WAC 314-16-150
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
						  $2,500 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
						  $7,000 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
						  $45,000 fine
Penalty to be determined by the board, including
						  possible cancellation of license
Sale or service to an apparently intoxicated
						  person:
Sale or service of alcohol to, or permitting
						  consumption or possession by, an apparently intoxicated person.
RCW  66.44.200
WAC 314-16-150
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
						  $2,500 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
						  $7,000 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
						  $45,000 fine
Penalty to be determined by the board, including
						  possible cancellation of license
Conduct violations: Disorderly conduct
by
						  licensee or employee, or permitting on premises.
Licensee and/or employee
intoxicated on the licensed premises and/or drinking on
						  duty.
Criminal conduct:
Permitting or engaging
						  in criminal conduct.
WAC 314-11-015
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
						  $2,500 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
						  $7,000 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
						  $45,000 fine
Penalty to be determined by the board, including
						  possible cancellation of license
Refusal
to allow an inspection and/or
						  obstructing a law enforcement officer from performing their official
						  duties.
RCW  66.28.090
													RCW  66.44.370
WAC 314-11-090
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
						  $2,500 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
						  $7,000 fine
Monetary penalty will be based on ticket sales to the
						  event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
						  $45,000 fine
Penalty to be determined by the board, including
						  possible cancellation of license
(2) If
			 documented ticket sales for an event are unavailable, in order to assess
			 penalties set forth in this section, the facility maximum occupancy will be
			 used for the penalty assessment.
(3) WSLCB youth access compliance checks, in
			 accordance with chapter 314-31 WAC.
License Class
Compliance Threshold
1st Violation
2nd Violation
3rd Violation
4th Violation
Sports and entertainment facility
Events: 1 to 20 points of sale (1st incident/sale to
						  minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
						  possible cancellation of license
Sports and entertainment facility
Events: 21 to 45 points of sale (2nd incident/sale to
						  minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
						  possible cancellation of license
Sports and entertainment facility
Events: 45 or more points of sale (3rd incident/sale to
						  minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
						  possible cancellation of license
* "I" signifies the total cumulative incidents of sales
						  to underage person during an alcohol compliance check.
A point of sale is defined as each different concession stand,
				or service area (such as a lounge), not each individual cash register.