reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-28 - Distillers › Section 314-28-310 - Jointly operated off-site tasting rooms

Current through Register Vol. 24-14, July 15, 2024
(1) Jointly operated off-site tasting rooms
			 are allowed as authorized in
			 RCW
			 66.24.1472. Consistent with
			 RCW
			 66.24.1472:
(a) Any licensed distillery, craft
			 distillery, or domestic winery, or any combination of these licensees, may
			 jointly occupy and co-operate up to two off-site tasting room locations
			 described in WAC 314-28-300. The limit of four winery additional locations in
			 WAC
			 314-24-161
			 and
			 RCW
			 66.24.170 does not apply to the two jointly
			 operated off-site tasting room locations allowed under this section.
(b)
(i) At
			 a jointly operated off-site tasting room, distillery and craft distillery
			 licensees may sample, serve, and sell products subject to the requirements in
			 WAC 314-28-065, and domestic winery licensees may sample, serve, and sell
			 products subject to the requirements in chapter 314-24 WAC.
(ii) Consistent with
			 RCW
			 66.24.140 and
			 66.24.145,
			 a licensee may not allow an individual person to receive more than a cumulative
			 total of two ounces of unadulterated spirits for on-premises consumption at a
			 jointly operated off-site tasting room, regardless of the number of licensees
			 operating at a jointly operated off-site tasting room.
(c) At a jointly operated off-site tasting
			 room, licensees must:
(i) Maintain separate
			 storage of products and separate financial records. If licensees share any
			 point of sale system, the licensees must keep complete documentation and
			 records for the shared point of sale system showing clear separation as to what
			 sales items and categories belong to each respective licensee;
(ii) Comply with the applicable laws and
			 rules relating to retailers; and
(iii) Share staffing resources under a
			 written plan. The written plan should demonstrate in general how responsibility
			 for staffing the premises is shared among the licensees. Licensees are not
			 required to submit the written plan to the board at the time of application or
			 alteration but must keep documentation of an up-to-date written plan available
			 for inspection on premises.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-28 - Distillers › Section 314-28-350 - Contract packaging services endorsement for domestic distilleries and craft distilleries

Current through Register Vol. 24-14, July 15, 2024
Consistent with RCW  66.24.248:
(1) There is an endorsement available to
			 domestic breweries, mi-crobreweries, wineries, distilleries, and craft
			 distilleries to provide contract packaging services to other domestic
			 breweries, micro-breweries, wineries, distilleries, craft distilleries, and
			 nonliquor licensed businesses.
(2)
			 Contract packaging services allowed under the endorsement include:
(a) Canning, bottling, and bagging;
(b) Mixing products before
			 packaging;
(c) Repacking of
			 finished products into mixed consumer packs or multipacks; and
(d) Receiving and returning products to the
			 originating liquor licensed businesses as part of a contract in which the
			 contracting liquor licensed party for which the services are being provided
			 retains title and ownership of the products at all times.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-003 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of chapter 314-29 WAC is to outline what a liquor
				licensee or a mandatory alcohol server training permit holder can expect if a
				licensee or permit holder receives an administrative violation notice alleging
				a violation of a liquor and cannabis board statute or
				regulation.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-29-003,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010,
				  66.24.120. 03-09-015, §
				  314-29-003, filed 4/4/03, effective
				  5/5/03.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-005 - What are the procedures for notifying a licensee or a mandatory alcohol server training permit holder of an alleged violation of a board statute or regulation?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
			 enforcement officer believes that a licensee or a mandatory alcohol server
			 training permit holder has violated a board statute or regulation, the officer
			 may prepare an administrative violation notice (AVN) and mail or deliver the
			 notice to the licensee, licensee's agent or permit holder.
(2) The AVN notice will include:
(a) A brief narrative description of the
			 violation(s) the officer is charging;
(b) The date(s) of the
			 violation(s);
(c) A copy of the
			 law(s) and/or regulation(s) allegedly violated;
(d) An outline of the licensee's or permit
			 holder's options as outlined in WAC
			 314-29-010; and
(e) The recommended penalty.
(i) If the recommended penalty is the
			 standard penalty, see WAC
			 314-29-020 through
			 314-29-035 for licensees, and WAC
			 314-17-100 and
			 314-17-105 for mandatory alcohol
			 server training permit holders.
(ii) For cases in which there are aggravating
			 or mitigating circumstances, the penalty may be adjusted from the standard
			 penalty. See WAC
			 314-29-015 for licensees, and WAC
			 314-17-110 for mandatory alcohol
			 server training permit holders.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-006 - What is the process once the board summarily suspends a liquor license?

Current through Register Vol. 24-14, July 15, 2024
(1) The board may
			 summarily suspend any license or permit after the board's enforcement division
			 has completed a preliminary staff investigation of the violation and upon a
			 determination that immediate cessation of the licensed or permitted activities
			 is necessary for the protection or preservation of the public health, safety or
			 welfare.
(2) Suspension of any
			 license or permit under this provision shall take effect immediately upon
			 personal service on the licensee or employee thereof of the summary suspension
			 order unless otherwise provided in the order.
(3) When a license or permit has been
			 summarily suspended by the board, an adjudicative proceeding for revocation or
			 other action must be promptly instituted before an administrative law judge
			 assigned by the office of administrative hearings. If a request for an
			 administrative hearing is timely filed by the licensee or permit holder, then a
			 hearing shall be held within ninety days of the effective date of the summary
			 suspension ordered by the board.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.08.150. 08-17-038, §
				  314-29-006, filed 8/14/08, effective
				  9/14/08.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-007 - How may a licensee challenge the summary suspension of his or her liquor license?

Current through Register Vol. 24-14, July 15, 2024
(1) Upon summary
			 suspension of a license or permit by the board pursuant to WAC
			 314-29-006, an affected licensee
			 or permit holder may petition the board for a stay of suspension pursuant to
			 RCW
			 34.05.467 and
			 34.05.550(1). A
			 petition for a stay of suspension must be received by the board within fifteen
			 days of service of the summary suspension order. The petition for stay shall
			 state the basis on which the stay is sought.
(2) A hearing shall be held before an
			 administrative law judge within fourteen days of receipt of a timely petition
			 for stay. The hearing shall be limited to consideration of whether a stay
			 should be granted, or whether the terms of the suspension may be modified to
			 allow the conduct of limited activities under current licenses or
			 permits.
(3) Any hearing conducted
			 pursuant to subsection (2) of this section shall be a brief adjudicative
			 proceeding under
			 RCW
			 34.05.485. The agency record for the hearing
			 shall consist of the documentary information upon which the summary suspension
			 was based. The licensee or permit holder shall have the burden of demonstrating
			 by clear and convincing evidence that:
(a) The
			 licensee or permit holder is likely to prevail upon the merits at
			 hearing;
(b) Without relief, the
			 licensee or permit holder will suffer irreparable injury. For purposes of this
			 section, elimination of income from licensed or permitted activities shall not
			 be deemed irreparable injury;
(c)
			 The grant of relief will not substantially harm other parties to the
			 proceedings; and
(d) The threat to
			 the public health, safety, or welfare is not sufficiently serious to justify
			 continuation of the suspension, or that modification of the terms of the
			 suspension will adequately protect the public interest.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-008 - Review of orders on stay

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 licensee, permit holder, or agency may petition the board for review of an
			 initial order on stay. Any petition for review must be in writing and received
			 by the board within ten days of service of the initial order. If neither party
			 has requested review within ten days of service, the initial order shall be
			 deemed the final order of the board for purposes of
			 RCW
			 34.05.467.
(2) If the board receives a timely petition
			 for review, the board shall consider the petition within fifteen days of
			 service of the petition for review. Consideration on review shall be limited to
			 the record of the hearing on stay.
(3) The order of the board on the petition
			 for review shall be effective upon personal service unless another date is
			 specified in the order and is final pursuant to
			 RCW
			 34.05.467. Final disposition of the petition
			 for stay shall not affect subsequent administrative proceedings for suspension
			 or revocation of a license or permit.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.08.150. 08-17-038, §
				  314-29-008, filed 8/14/08, effective
				  9/14/08.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-010 - What options does a licensee or permit holder have once he/she receives a notice of an administrative violation?

Current through Register Vol. 24-14, July 15, 2024
(1) A licensee or a mandatory alcohol server
			 training permit holder has twenty days from receipt of the notice to:
(a) Accept the recommended penalty;
			 or
(b) Request a settlement
			 conference in writing; or
(c)
			 Request an administrative hearing in writing.
A response must be submitted on a form provided by the
				agency.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-015 - What are the penalties if a liquor license holder violates a liquor law or rule?

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
			 WAC 314-29-015 through
			 314-29-040
			 is to outline what penalty a liquor licensee can expect if a licensee or
			 employee violates a liquor and cannabis board law or rule (the penalty
			 guidelines for mandatory alcohol server training permit holders are in WAC
			 314-17-100
			 through
			 314-17-110
			 ). WAC rules listed in the categories provide reference areas, and may not be
			 all inclusive. For purposes of this section, ancillary activities are defined
			 as activities an alcohol manufacturer participates in and include all
			 activities, licenses, and privileges involving the public, such as serving
			 samples, operating a tasting room, conducting retail sales, serving alcohol
			 under a restaurant license, or serving alcohol with a special occasion
			 license.
(2) Penalties for
			 violations by liquor licensees or employees are broken down into five
			 categories:
(a) Group One-Public safety
			 violations, WAC
			 314-29-020.
(b)Group Two-Regulatory violations, WAC
			 314-29-025.
(c) Group Three-License violations, WAC
			 314-29-030.
(d) Group Four-Nonretail violations involving
			 the manufacture, supply, and/or distribution of liquor by nonre-tail licensees
			 and prohibited practices between nonretail licensees and retail licensees, WAC
			 314-29-035.
(e) Group Five-Public safety violations for
			 sports entertainment facility licenses, WAC
			 314-29-038.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-020 - Group 1 violations against public safety

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Group 1 violations are considered the most serious because they present a
			 direct threat to public safety. Violations beyond the first violation do not
			 have a monetary option upon issuance of a violation notice. The liquor and
			 cannabis board may offer a monetary option in lieu of suspension days based on
			 mitigating circumstances as outlined in WAC 314-29-015(4).
(2) Group 1 violations will be counted
			 sequentially rather than independently by group. For example, if a licensee
			 received a violation for over service on one day and a violation for sale to a
			 minor a week later, the sale to a minor would be treated as a second offense
			 since both violations are in the same violation group.
Violation Type
1st Violation
2nd Violation in a two-year
						  window
3rd Violation in a two-year
						  window
4th Violation in a two-year
						  window
Violations involving minors:
Sale or service to minor:
Sale or service
						  of alcohol to a person under 21 years of age.
Minor frequenting
a tavern, lounge, or
						  other restricted area.
RCW  66.44.270
RCW  66.44.310
WAC 314-11-020
WAC 314-16-150
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Sale or service to 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
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
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
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
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
5 day suspension or $500 monetary option
7 day suspension
30 day suspension
Cancellation of license
Condition of suspension violation:
Failure
						  to follow any suspension restriction while liquor license is suspended.
WAC 314-29-040
Original penalty plus 10 day suspension with no
						  monetary option
Cancellation of license
Statutory Authority:
				  RCW
				  66.08.030. 09-21-050, § 314-29-020,
				  filed 10/14/09, effective 11/14/09. Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010,
				  66.24.120. 03-09-015, §
				  314-29-020, filed 4/4/03, effective
				  5/5/03.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-030 - Group 3 license violations

Current through Register Vol. 24-14, July 15, 2024
Group 3 violations are violations involving licensing
				requirements, license classification, and special restrictions.
Violation Type
1st Violation
2nd Violation in a two-year
						  window
3rd Violation in a two-year
						  window
4th Violation in a two-year
						  window
True party of interest violation.
RCW
						  66.24.010(1)
WAC
						  314-12-030
Cancellation of license
Failure to furnish required
						  documents.
WAC
						  314-12-035
Cancellation of license
Misrepresentation of fact.
WAC
						  314-12-010
Cancellation of license
Misuse or unauthorized use of liquor license
						  (operating outside of license class, lending or contracting license to another
						  person/entity).
Chapter 66.24 RCW
WAC
						  314-02-015
WAC
						  314-02-041
WAC
						  314-02-045
WAC
						  314-02-065
WAC
						  314-02-070
WAC
						  314-02-075
WAC
						  314-02-090
WAC 314-02-095
WAC
						  314-02-100
WAC
						  314-02-105
WAC
						  314-02-110
WAC
						  314-12-030
5 day suspension or $1,500 monetary option
Cancellation of license
Operating plan:
Violations of a board-approved operating plan.
WAC 314-03-060
WAC 314-16-270
WAC 314-16-275
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Sale of alcohol in violation of a board-approved
						  local authority restriction.
Chapter 66.24 RCW
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Sale of alcohol in violation of a board-approved
						  alcohol impact area restriction.
WAC
						  314-12-215
5 day suspension or $500 monetary option
7 day suspension or $1,500 monetary option
10 day suspension with no monetary option
Cancellation of license
Catering endorsement violation.
WAC
						  314-02-060
WAC
						  314-02-061
5 day suspension or $250 monetary option
5 day suspension or $1,500 monetary option
10 day suspension or $3,000 monetary option
Cancellation of license
Statutory Authority:
				  RCW
				  66.08.030. 09-21-050, § 314-29-030,
				  filed 10/14/09, effective 11/14/09. Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010,
				  66.24.120. 03-09-015, §
				  314-29-030, filed 4/4/03, effective
				  5/5/03.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-29 - Violations and penalties › Section 314-29-040 - Information about liquor license suspensions

Current through Register Vol. 24-14, July 15, 2024
(1) On the date a liquor license suspension
			 goes into effect, a liquor and cannabis board enforcement officer will post a
			 suspension notice in a conspicuous place on or about the licensed premises.
			 This notice will state that the license has been suspended by order of the
			 liquor and cannabis board due to a violation of a board law or rule.
(2) During the period of liquor license
			 suspension, the licensee and employees:
(a)
			 Are required to maintain compliance with all applicable liquor laws and
			 rules;
(b) May not remove, alter,
			 or cover the posted suspension notice, and may not permit another person to do
			 so;
(c) May not place or permit the
			 placement of any statement on the licensed premises indicating that the
			 premises have been closed for any reason other than as stated in the suspension
			 notice (see WAC
			 314-01-005 for the
			 definition of "licensed premises").
(d) May not advertise by any means that the
			 licensed premises is closed for any reason other than as stated in the liquor
			 and cannabis board's suspension notice.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-30 - Manufacturers › Section 314-30-010 - Sales and contracting by manufacturers

Current through Register Vol. 24-14, July 15, 2024
(1) Manufacturers licensed under
			 RCW
			 66.24.150 may sell within the state:
(a) Spirituous liquor products only to
			 spirits distributor licensees;
(b)
			 Wine products only to wine distributor licensees;
(c) Beer products only to beer distributor
			 licensees; or
(d) To permit holders
			 as authorized by
			 RCW
			 66.20.010(7) through
			 (10).
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-31 - Compliance checks › Section 314-31-005 - Liquor compliance checks

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 Washington state liquor control board authorizes enforcement officers and
			 investigative aides working with enforcement officers to conduct liquor
			 compliance checks at any location where alcohol is sold, served or
			 provided.
(2) Investigative aides
			 working at the direction of enforcement officers during a liquor compliance
			 check are considered agents of the Washington state liquor control
			 board.
(3) Violations involving a
			 licensee, its employee, or a member of the public that result from a liquor
			 compliance check are subject to criminal arrest and/or administrative action by
			 the liquor control board.
Statutory Authority:
				  RCW
				  66.08.030. 12-18-002, § 314-31-005,
				  filed 8/23/12, effective 9/23/12.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-31 - Compliance checks › Section 314-31-015 - What are the guidelines for liquor compliance checks?

Current through Register Vol. 24-14, July 15, 2024
Enforcement officers conducting liquor compliance checks must
				comply with the following conditions:
(1) An investigative aide must:
(a) Be at least eighteen years of age and
			 under twenty-one years of age;
(b)
			 Transfer any physical evidence to the enforcement officer(s) at the conclusion
			 of each compliance check during which alcohol is acquired; and
(c) Complete a written statement on a form
			 provided by the enforcement officer(s) at the conclusion of each compliance
			 check during which alcohol is acquired.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-32 - Rectifiers › Section 314-32-010 - Applicants - Federal permit required

Current through Register Vol. 24-14, July 15, 2024
No manufacturer's (rectifier's) license shall be issued, until
				satisfactory evidence is furnished the board that the applicant holds all
				permits or authorization required by the federal government.
Rule 85, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-32 - Rectifiers › Section 314-32-020 - Duplicate records furnished board

Current through Register Vol. 24-14, July 15, 2024
Duplicate copies of monthly returns, transcripts, notices or
				other data, as required by the federal government, must be furnished the board
				not later than the tenth of each month. In addition thereto, such rectifiers
				shall furnish the board duplicate copies of the bills of lading, covering all
				shipments of the products of the licensee.
Rule 86, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-32 - Rectifiers › Section 314-32-030 - Adoption federal laws

Current through Register Vol. 24-14, July 15, 2024
All laws and rules and regulations of the federal government,
				or any subsequent modification thereof, applicable to the rectification of
				distilled spirits, wines, cordials, liquors, etc., are by reference hereby
				adopted and promulgated as the rules and regulations of this
				board.
Rule 87, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-33 - Cigarette and tobacco products license process › Section 314-33-001 - Cigarette and tobacco products license qualifications and application process

Current through Register Vol. 24-14, July 15, 2024
(1) Each cigarette
			 and tobacco products license application is unique and investigated
			 individually. The board may inquire and request documents regarding matters in
			 connection with the cigarette and tobacco products license application.
			 Following is a general outline of the cigarette and tobacco products license
			 application process:
(a) The board may
			 require proof concerning the applicant's identity.
(b) The board may conduct an investigation of
			 the applicants' criminal history and administrative violation history, per
			 RCW
			 82.24.510 and
			 82.26.150.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-33 - Cigarette and tobacco products license process › Section 314-33-005 - Reasons the board may deny a cigarette or tobacco products license application

Current through Register Vol. 24-14, July 15, 2024
The following is a list of reasons the board may deny a
				cigarette or tobacco products license application:
(1) Failure to meet qualifications or
			 requirements for the specific cigarette or tobacco products license, as
			 outlined in this chapter and
			 chapters
			 82.24 and
			 82.26 RCW.
(2) Failure to submit information or
			 documentation requested by the board.
(3) Misrepresentation of fact by any
			 applicant.
(4) Willfully
			 withholding information.
(5)
			 Submitting false or misleading information.
(6) The applicant has failed to submit
			 payments of the taxes imposed under
			 chapter
			 82.24 or
			 82.26 RCW along with reports and
			 returns to the department of revenue as required.
(7) If the applicant is a corporation and the
			 corporation is not currently registered with the secretary of state.
(8) The applicant is currently the subject of
			 an outstanding felony arrest warrant.
(9) The existence of disqualifying criminal
			 history standards outlined in WAC
			 314-33-020.
(10) The existence of disqualifying liquor
			 and cigarette and tobacco products law or rule violation history standards
			 outlined in WAC
			 314-33-025.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-33-005, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-33 - Cigarette and tobacco products license process › Section 314-33-020 - What criminal history might prevent an applicant from receiving or keeping a cigarette or tobacco products license?

Current through Register Vol. 24-14, July 15, 2024
(1) For the purpose of reviewing an
			 application for a license and for considering the denial, suspension, or
			 revocation of any such license, the board may consider any prior criminal
			 conduct of the applicant and criminal history record within the previous five
			 years.
(2) When the board processes
			 a criminal history check on an applicant, it uses a point system to determine a
			 person's qualification for a license. The board will not normally issue a
			 cigarette and tobacco products license to an applicant who has accumulated
			 eight or more points as indicated below:
Description
Time period during which points will be
							 assigned from date of conviction
Points assigned
Felony conviction
Five years
12 points
Gross misdemeanor conviction for violation of
							 chapters
							 82.24 and
							 82.26 RCW
Five years
12 points
Other gross misdemeanor conviction
Three years
5 points
Misdemeanor conviction
Three years
4 points
Nondisclosure of any of the above
n/a
4 points each
(3) If
			 a case is pending for an alleged offense that would earn eight or more points,
			 the board will hold the application for the disposition of the case. If the
			 disposition is not settled within ninety days, the board may administratively
			 close the application.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-33-020, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-33 - Cigarette and tobacco products license process › Section 314-33-025 - What liquor and cigarette and tobacco products law or rule violation history might prevent an applicant from receiving a cigarette or tobacco products license?

Current through Register Vol. 24-14, July 15, 2024
The board will conduct an investigation of all applicants'
				liquor and cigarette and tobacco products law and/or rule administrative
				violation history. The board will not normally issue a cigarette and tobacco
				products license to a person, or to an entity that has the following violation
				history or to any person that has demonstrated a pattern of disregard for laws
				or rules: Four or more violations within the last two years of the date the
				application is received by the board.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-33-025, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-33 - Cigarette and tobacco products license process › Section 314-33-030 - What is the process if the board denies a cigarette or tobacco products license application?

Current through Register Vol. 24-14, July 15, 2024
If the board denies a cigarette or tobacco products license
				application, the applicant may:
(1)
			 Request an administrative hearing per
			 chapter
			 34.05 RCW; or
(2) Reapply for the license no sooner than
			 one year from the original denial date.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-33-030, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-001 - Purpose of chapter

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to outline what a cigarette
				and/or tobacco products licensee can expect if a licensee receives an
				administrative violation notice alleging a violation of a statute under
				chapters
				82.24 and
				82.26 RCW, or under chapter 314-33
				WAC.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-34-001, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-003 - Authority - Suspension or revocation of wholesale and retail cigarette and tobacco products licenses

Current through Register Vol. 24-14, July 15, 2024
(1) The board has
			 full power and authority to suspend or revoke the license of any cigarette
			 wholesale or retail licensee and tobacco products distributor or retail
			 licensee upon sufficient showing that the license holder has violated the
			 provisions of
			 chapters
			 82.24 and
			 82.26 RCW or chapter 314-33
			 WAC.
(2) Any person possessing both
			 a cigarette license and a tobacco products license is subject to suspension and
			 revocation of both licenses for violation of either
			 chapter
			 82.24 or
			 82.26 RCW or this chapter. For
			 example, if a person has both a cigarette license and a tobacco products
			 license, revocation of the tobacco products license will also result in
			 revocation of the cigarette license.
(3) A person whose license has been suspended
			 or revoked must not sell or permit the sale of tobacco products or cigarettes
			 during the period of the suspension or revocation.
(4) For the purposes of this rule,
			 "cigarettes" has the same meaning as in
			 RCW
			 82.24.010 and "tobacco products" has the same
			 meaning as in
			 RCW
			 82.26.010.
(5) Any person whose license has been revoked
			 must wait one year following the date of revocation before requesting a hearing
			 for reinstatement. Reinstatement hearings are held pursuant to
			 chapter
			 34.05 RCW.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-34-003, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-005 - What are the procedures for notifying a licensee of an alleged violation of a cigarette or tobacco products statute or regulation?

Current through Register Vol. 24-14, July 15, 2024
When an enforcement officer believes that a cigarette and/or
				tobacco products licensee has violated a board statute or regulation, the
				officer may prepare an administrative violation notice (AVN) and mail or
				deliver the notice to the licensee or the licensee's agent. The AVN will
				include:
(1) A brief narrative
			 description of the violation(s) the officer is charging;
(2) The date(s) of the
			 violation(s);
(3) A copy of the
			 law(s) and/or regulation(s) allegedly violated;
(4) An outline of the licensee's options as
			 outlined in WAC
			 314-34-010; and
(5) The penalty.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-34-005, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-010 - What options does a licensee have once they receive a notice of administrative violation?

Current through Register Vol. 24-14, July 15, 2024
(1) A licensee
			 has twenty days from receipt of the notice to:
(a) Accept the recommended penalty;
			 or
(b) Request a settlement
			 conference in writing; or
(c)
			 Request an administrative hearing in writing. A response must be submitted on a
			 form provided by the board.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-015 - What are the penalties if a cigarette and/or tobacco products license holder violates a cigarette or tobacco products law or rule?

Current through Register Vol. 24-14, July 15, 2024
For the purposes of chapter 314-33 WAC, a two-year window for
				violations is measured from the date one violation occurred to the date a
				subsequent violation occurred.
(1) 1st
			 offense - License suspension for not less than thirty consecutive business
			 days.
(2) 2nd offense - License
			 suspension for not less than ninety days - or more than twelve
			 months.
(3) 3rd and consecutive
			 offenses - Subject to revocation.
Statutory Authority:
				  RCW
				  82.24.510,
				  82.24.550,
				  82.26.150,
				  82.26.220. 10-01-089, §
				  314-34-015, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-020 - Information about cigarette and/or tobacco products license suspensions

Current through Register Vol. 24-14, July 15, 2024
(1) On the date a
			 cigarette and/or tobacco products license suspension goes into effect, a liquor
			 enforcement officer will post a suspension notice in a conspicuous place on or
			 about the licensed premises. This notice will state that the license has been
			 suspended by order of the liquor control board due to a violation of a
			 cigarette or tobacco products law or rule.
(2) During the period of cigarette and/or
			 tobacco products license suspension, the licensee and employees:
(a) Are required to maintain compliance with
			 all applicable cigarette and tobacco products laws and rules;
(b) May not remove, alter, or cover the
			 posted suspension notice, and may not permit another person to do so;
(c) May not place or permit the placement of
			 any statement on the licensed premises indicating that the premises have been
			 closed for any reason other than as stated in the suspension notice;
(d) May not advertise by any means that the
			 licensed premises is closed for any reason other than as stated in the liquor
			 control board's suspension notice.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-34 - Cigarette and tobacco products violations › Section 314-34-030 - Cigarette and other tobacco products violations

Current through Register Vol. 24-14, July 15, 2024
(1) The following is a list of cigarette
			 violations:
(a) Taxes - failure to pay taxes
			 as required;
(b) Stamps - tax stamp
			 violations to include:
(i) Failure to affix
			 stamps;
(ii) Forgery/counterfeit;
			 or
(iii) Possession of unstamped
			 cigarettes.
(c) Retailer
			 obtaining cigarettes from an unauthorized source;
(d) Records - improper recordkeeping or
			 failure to submit reports as required;
(e) Failure to allow inspections of any of
			 the following:
(i) Premises;
(ii) Stamps;
(iii) Vehicles;
(iv) Cigarettes;
(v) Books; or
(vi) Records.
(f) Transporting violations to include
			 failure to notify and improper records;
(g) Operating outside the capacity of the
			 license and failure to secure the proper license; and
(h) License suspension violations.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-010 - Vapor products-Introduction

Current through Register Vol. 24-14, July 15, 2024
This chapter provides rules that apply in addition to those
				requirements regarding the manufacturers, distributors, delivery sales, and
				retail sellers of vapor products provided in chapter 70.345 RCW. Penalties for
				violations of this chapter and for violations of chapter 70.345 RCW are
				provided in chapter 70.345 RCW.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-015 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter in addition to
				the definitions provided in
				RCW
				70.345.010, unless the context clearly
				indicates otherwise:
(1) "Control"
			 means the direct power to order or direct the management of a
			 licensee.
(2) "Domicile" means a
			 person's true, fixed primary permanent home. It is the place where a person
			 intends to remain and where the person expects to return when the person leaves
			 without intending to establish a new domicile elsewhere.
(3) "Financial institution" means any bank,
			 consumer loan company, credit union, savings bank, savings and loan
			 association, trust company, or similar lending institution under the
			 jurisdiction and registered with the department of financial
			 institutions.
(4) "Profit" means
			 the entire gross receipts from all sales and services made in, upon or from a
			 licensed business.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-020 - Licensing requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Vapor
			 product license types are:
(a) Vapor product
			 retailer's license;
(b) Vapor
			 product distributor's license; and
(c) Vapor product delivery sale
			 license.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-021 - Insurance requirements

Current through Register Vol. 24-14, July 15, 2024
Vapor product licensees must obtain insurance coverage
				described in this section. The intent of the required insurance is to protect
				the consumer should there be any claims, suits, actions, costs, damages or
				expenses arising from any negligent or intentional act or omission of the vapor
				product licensees. Vapor product licensees must furnish evidence in the form of
				a certificate of insurance satisfactory to the board that insurance, in the
				following kinds and minimum amounts, has been secured. Failure to provide proof
				of insurance may result in license cancellation.
(1) Commercial general liability insurance:
			 The licensee must at all times carry and maintain commercial general liability
			 insurance or commercial umbrella insurance for bodily injury and property
			 damage arising out of licensed activities. The limits of liability insurance
			 must not be less than one million dollars.
(a)
			 This insurance must cover such claims as may be caused by any act, omission, or
			 negligence of the licensee or its officers, agents, representatives, assigns,
			 or servants.
(b) The insurance must
			 also cover bodily injury, including disease, illness and death, and property
			 damage arising out of the licensee's premises/operations, products, and
			 personal injury.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-023 - Vapor product license transfer and relocation

Current through Register Vol. 24-14, July 15, 2024
(1) A license may not be transferred or
			 relocated without prior approval of the board.
(a) A licensee must notify the board at least
			 ten business days before any ownership changes or location changes of the
			 licensed vapor products business. Failure to notify the board without applying
			 for a separate license for a new location will be treated as operating without
			 a license.
(b) If a licensee fails
			 to notify the board prior to moving a location, the licensee may be suspended
			 until the new location meets the requirements and qualifications for a vapor
			 products license.
(c) License
			 relocation may be requested by contacting board enforcement by email or
			 telephone.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-024 - Vapor product packaging and labeling

Current through Register Vol. 24-14, July 15, 2024
(1)
			 A manufacturer or distributor that sells, offers for sale, or distributes
			 liquid nicotine containers must label the vapor product with all of the
			 following:
(a) A warning regarding the
			 harmful effects of nicotine;
(b) A
			 warning to keep the vapor product away from children;
(c) A warning that vaping is illegal for
			 those under the legal age to use the product; and
(d) Except as provided in WAC 314-35-023 of
			 this section, the amount of nicotine in milligrams per milliliter of liquid
			 along with the total volume of the liquid contents of the product expressed in
			 milliliters.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-025 - Vapor product applicant and licensee hearing rights

Current through Register Vol. 24-14, July 15, 2024
(1) If the board denies a vapor product
			 license application or renewal, or suspends or revokes a license for any of the
			 reasons listed in this chapter or in chapter 70.345 RCW, the applicant or
			 licensee may request a hearing subject to the applicable provisions of chapter
			 34.05 RCW.
(2) Appeals under this
			 chapter will be conducted by a brief adjudicative proceeding pursuant to WAC
			 314-42-110
			 through
			 314-42-130,
			 and
			 RCW
			 34.05.482 through
			 34.05.494.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-027 - Qualifying for a vapor product license

Current through Register Vol. 24-14, July 15, 2024
A vapor product license must be issued in the name(s) of the
				true party(ies) of interest.
(1) True
			 parties of interest must qualify to be listed on the license, consistent with
			 RCW
			 70.345.020. For purposes of this chapter,
			 "true party of interest" means:
Entity
True Party(ies) of Interest
Sole proprietorship
Sole proprietor and spouse.
General partnership
All partners and spouses.
Limited partnership, limited liability partnership, or
						  limited liability limited partnership
All general partners and spouses.
All limited partners and spouses.
Limited liability company
All members and spouses.
All managers and spouses.
Privately held corporation
All corporate officers (or persons with equivalent
						  title) and spouses.
All stockholders.
Publicly held corporation
All corporate officers (or persons with equivalent
						  title) and spouses.
All stockholders.
Multilevel ownership structures
All persons and entities that make up the ownership
						  structure.
Any entity or person(s) expecting or receiving profits,
						  or part thereof, or exercising control over a licensed business
Any entity or person who is in receipt of, or has the
						  right to receive profits, or part thereof, from the licensed business during
						  any full or partial calendar or fiscal year.
Any entity or person(s) who exercise(s) control over
						  the licensed business in exchange for money or expertise
Any entity(s) or person(s) and spouses who exercise(s)
						  control over the licensed business in exchange for money or
						  expertise.
Nonprofit corporations
All individuals and spouses, and entities having
						  membership rights in accordance with the provisions of the articles of
						  incorporation or the bylaws.
(2) The
			 board may conduct an investigation of any person or entity who exercises any
			 control over the applicant's or licensee's business operations, including a
			 financial investigation, a criminal history background check, or both. When an
			 entity other than the owner controls daily business operations consistent with
			 an agreement between the owner and the operating entity, the operating entity
			 becomes a true party of interest. The operating entity must meet the same
			 qualifications and requirements as a licensee.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-030 - Vapor product licensee record-keeping requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Vapor product licensed locations must
			 keep complete, legible and accurate records, including itemized invoices, at
			 each place of business for that place of business of vapor products held,
			 purchased, manufactured, brought into or caused to be brought into the state
			 from outside the state, or shipped or transported to locations in Washington
			 state, or sold. The required records must show:
(a) The names and addresses of
			 purchasers;
(b) The names and
			 addresses of sellers;
(c) The
			 inventory of all vapor product (to include the description of the product, size
			 (mL), brand); and
(d) Other
			 pertinent papers and documents relating to the purchase, sale, or disposition
			 of vapor products.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-35 - Vapor products › Section 314-35-040 - Age-restricted vapor products retailer licensed locations

Current through Register Vol. 24-14, July 15, 2024
(1) Age-restricted vapor products retailer
			 licensed locations must register as such with the board by indicating at the
			 time of application or within ten days prior to becoming an age-restricted
			 location. A vapor product retail licensee must inform the board in writing ten
			 business days prior to a change in the age-restriction status. The board will
			 make the appropriate age-restricted status form available on its
			 website.
(2) Vapor product retailer
			 licensed locations where entry into the licensed premises is age-restricted to
			 persons twenty-one years of age or older must post signs provided by the board
			 at each entrance point to indicate the premises is age-restricted. Such signs
			 must not be removed at any time.
(3) All vapor product licensed locations that
			 allow vapor products to be consumed on the premises, including vapor product
			 tastings as provided in
			 RCW
			 70.345.100, must be restricted to persons age
			 twenty-one and over at all times.
(4) Any restricted location as described
			 above may not employ persons under the age of twenty-one.