reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-40 - Clubs › Section 314-40-080 - Designated portion of club used for service and consumption of liquor

Current through Register Vol. 24-14, July 15, 2024
(1) Each club shall
			 submit a sketch of the entire premises including the portion used for storage,
			 sale and consumption of liquor, for approval. No change in any portion of the
			 club premises shall be made without the consent of the board.
(2) Where the physical setup of the club
			 rooms or quarters renders it practical so to do, such portion of the club
			 premises shall be a room or rooms devoted solely to such service and capable of
			 being entirely closed from the remainder of the club rooms or quarters. Bona
			 fide members may possess and consume their own alcohol, as authorized by the
			 club's license type, at any time and in any part of the club premises as
			 permitted under the bylaws and/or house rules of the club, provided such bylaws
			 and/or house rules have been filed with the board and except in those portions
			 of the club where nonclub events or public events are occurring.
(3) Any portion of a private club must be
			 closed to the general public when liquor is sold, served, or consumed.
During events that are open to the general public, members,
				guests, and/or visitors, may not possess alcohol in areas that are open to the
				general public.
(4) A club
			 may conduct outside one-time events not to exceed twelve per calendar year for
			 club members provided that:
(a) A request is
			 submitted in writing by the licensee or designee at least five business days
			 before the event which includes a clearly defined site plan of the outside area
			 and the date, time, and type of event. Approval must be received prior to the
			 event.
(b) The licensee must have
			 lease hold rights to the outside area where the one-time event is being held.
			 The outside area is adjacent and/or contiguous to the actual licensed premises,
			 must not be across public right of ways, and must be enclosed with a barrier a
			 minimum of forty-two inches in height. This area will be considered restricted
			 and all minor restrictions under
			 RCW
			 66.44.310 will apply.
(c) All liquor must be prepared, served, and
			 consumed inside the outside service area; persons with liquor may not leave the
			 outside service area. An employee(s) shall be stationed inside the outside
			 service area at all times.
(d)
			 Sufficient lighting must be maintained under WAC
			 314-11-055.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-40 - Clubs › Section 314-40-095 - Endorsements to private club licenses

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Under RCW
			 66.24.450, the board may issue an endorsement
			 allowing the club to hold nonclub, member-sponsored events using club liquor.
(a) Each event must have a sponsoring member
			 from the club.
(b) Each visitor
			 and/or guest may only attend the event by invitation of the sponsoring
			 member(s).
(c) Event may not be
			 open to the general public.
(d) At
			 least seventy-two hours prior to any nonclub event, the sponsoring member, or
			 any club officer, must provide to the board: The date, time, and location of
			 the event, the name of the sponsor of the event, and a brief description of the
			 purpose of the event.
(e) A list of
			 all invited guests and visitors must be available for inspection during the
			 nonclub event.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-001 - Board operations and procedure

Current through Register Vol. 24-14, July 15, 2024
This section details the general course and method by which the
				operations of the board are channeled and determined in addition to the other
				functions and procedures of the board as provided in Title 314 WAC.
(1) The "Washington state liquor and cannabis
			 board" or "board" pursuant to RCW  66.08.012 and 66.08.014, consists of three
			 members appointed by the governor, with the consent of the senate, for
			 staggered terms of six years. Where appropriate, the term "board" also refers
			 to the staff and employees of the Washington state liquor and cannabis
			 board.
(2) The board delegates
			 certain administrative functions to an administrative director appointed by the
			 board as provided in WAC 314-42-010.
(3) Pursuant to the requirements of the Open
			 Public Meetings Act, chapter 42.30 RCW all determinations and business of the
			 board will be made and conducted in meetings open to the public, except matters
			 exempt from the act under RCW  42.30.140 or properly conducted in executive
			 session pursuant to RCW  42.30.110.
(a) The
			 board holds regular meetings as published with the office of the code reviser
			 in the
Washington State Register
per RCW  42.30.075 and as
			 published on the board's website at lcb.wa.gov. For scheduling purposes, it is
			 the board's intent to schedule petitions, take public testimony, conduct rule
			 making activities, and adopt resolutions at its regular board meetings as
			 published in the
Washington State Register
and posted on the
			 WSLCB website.
(b) Occasionally the
			 board may deem it necessary to cancel meetings or conduct business at times
			 other than as published in the
Washington State Register
. For
			 these occasions, stakeholder notification will occur as provided in the Open
			 Public Meetings Act, chapter 42.30 RCW.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-005 - Electronic transmission of documents for service and filing

Current through Register Vol. 24-14, July 15, 2024
(1) Consistent with
			 RCW
			 34.05.010, the board adopts electronic
			 transmission as an additional means for service and filing of documents.
			 "Electronic transmission" includes, but is not limited to, email, web portal,
			 fax, or other similar methods.
(2)
			 Electronic transmission is an approved method for service and filing of
			 documents wherever terms such as, but not limited to, "delivery," "service,"
			 "filing," "notice," "notification," "request," "letter," "in writing,"
			 "submit," and "received" are used throughout Title 314 WAC.
(3) Service. Documents will be sent by
			 electronic transmission to a person's email address as specified in the board's
			 records. The date and time indicated on the electronic transmission from the
			 board shall be evidence of the date and time of delivery.
(4) Filing. Documents received by electronic
			 transmission to a board specified location will be deemed filed with the board
			 the same day, excluding Saturdays, Sundays, and legal holidays. The deadline
			 for documents filed with the board will be based on the date and time indicated
			 on the filing document. If no specific time is indicated, the deadline will be
			 11:59 p.m. of the date indicated. The date and time indicated on the electronic
			 transmission shall be evidence of the date and time of receipt.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-010 - Liquor control board administrative director

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this rule is to ensure
			 efficient and consistent administration of the liquor control board through the
			 delegation of certain administrative functions to an administrative director.
			 The delegation of administrative functions by the board, as provided for in
			 this section, does not alter the board's statutory responsibility to administer
			 Title
			 66 RCW.
(2) The administrative director will be
			 appointed by, and serve at the pleasure of, the board, and will perform his/her
			 duties under the general control, management, and supervision of the
			 board.
(3) The following duties are
			 delegated by the board to the administrative director:
(a) Appointing authority as defined by WAC
			 356-05-040, 356-30-007, and 356-34-011 for all liquor control board employees,
			 with the exception of the director and staff of the policy, legislative, and
			 media relations division as described in subsection (4)(e) and staff that
			 report directly to the board members;
(b) Authorize expenditures of funds from the
			 board approved internal budget;
(c)
			 Purchase, lease, contract, or otherwise acquire any goods, services, and
			 products within the board approved internal budget;
(d) Approve uncontested licenses and permits
			 (this authority may be further delegated);
(e) Assign duties, coordinate agency
			 operations, and establish performance standards and timelines;
(f) Approve disbursements of excess funds
			 from the liquor revolving fund; and
(g) Perform other duties of a routine
			 administrative nature identified by the board.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-020 - Appearance and practice before the board - Who may appear

Current through Register Vol. 24-14, July 15, 2024
During an adjudicative proceeding, no person may appear in a
				representative capacity before the Washington state liquor control board or its
				designated hearing officer other than the following:
(1) Attorneys at law duly qualified and
			 entitled to practice before the supreme court of the state of
			 Washington;
(2) Attorneys at law
			 duly qualified and entitled to practice before the highest court of record of
			 any other state, if the attorneys at law of the state of Washington are
			 permitted to appear in a representative capacity before administrative agencies
			 of such other state, and if not otherwise prohibited by our state law;
			 and/or
(3) A bona fide officer,
			 authorized manager, partner, or full time employee of an individual firm,
			 association, partnership, or corporation who appears for such individual firm,
			 association, partnership, or corporation.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-020, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-030 - May a former employee of board or former member of attorney general's staff appear before the board and under what circumstances?

Current through Register Vol. 24-14, July 15, 2024
No former employee of the board or member of the attorney
				general's staff may appear in a representative capacity on behalf of other
				parties in a formal proceeding wherein he/she previously took an active part as
				a representative of the board unless the board grants permission in
				writing.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-030,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-030, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-040 - What rules apply to the procedures used in practice before the board?

Current through Register Vol. 24-14, July 15, 2024
The board adopts the model rules of procedure, found in chapter
				10-08 WAC, promulgated by the office of administrative hearings unless the
				board implements a different procedure by rule.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-040,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-040, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-045 - How do you file papers with the board?

Current through Register Vol. 24-14, July 15, 2024
Papers required to be filed with the board are deemed filed
				upon actual receipt by the board during office hours at its headquarters office
				in Olympia.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-045,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-045, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-051 - What are the procedures when a licensee or mandatory alcohol server training permit holder requests an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If the licensee or permit holder requests
			 an administrative hearing, it is conducted pursuant to
			 chapter
			 34.05 RCW (Washington
			 Administrative Procedure Act and chapter 314-42 WAC).
(2) The board's hearing coordinator will
			 notify the assistant attorney general of the licensee's or permit holder's
			 request for an administrative hearing.
(3) If the hearing concerns an administrative
			 violation notice, the assistant attorney general will draft an administrative
			 complaint and send it to the licensee or permit holder and to the office of
			 administrative hearings.
(4) The
			 office of administrative hearings will schedule the hearing date, and notify
			 the licensee or permit holder and his/her attorney and the assistant attorney
			 general in writing of the hearing date, time, and location.
(5) The hearing will be conducted by an
			 administrative law judge assigned by the office of administrative hearings.
			 Subpoenas may be issued by an attorney for any party, or by the assigned
			 administrative law judge.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-051,
				  filed 8/15/08, effective 9/15/08.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-070 - Presumptions

Current through Register Vol. 24-14, July 15, 2024
Upon proof by direct, clear, and convincing evidence of the
				predicate facts in the following subdivisions, the board, with or without prior
				request and with adequate notice to all parties, may make the following
				presumptions. The facts may not be in substantial dispute and must be
				consistent with all surrounding facts and circumstances.
(1)
Identity.
Persons and
			 objects of the same name and description are identical.
(2)
Delivery.
Mail,
			 communications, express or freight, properly addressed, marked, billed and
			 delivered to the post office, or authorized common carrier of property with all
			 postage properly prepaid, is or has been delivered to the addressee or
			 consignee in the ordinary course of business.
(3)
Spoliation.
When a party in
			 bad faith destroys, suppresses, or withholds evidence material to the case, the
			 administrative law judge can presume the evidence would have been unfavorable
			 to that party's position.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-070,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-070, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-085 - Written arguments

Current through Register Vol. 24-14, July 15, 2024
(1) At the
			 conclusion of the evidentiary portion of a hearing, the administrative law
			 judge may call for an oral legal argument on the record, or the administrative
			 law judge may call for written arguments to be submitted to his/her office by
			 the licensee or his/her attorney and the assistant attorney general. Such
			 written arguments must be submitted in triplicate to the administrative law
			 judge and may not be exchanged by opposing counsel.
(2) When both arguments have been received,
			 the administrative law judge shall deliver one of the copies of the licensee's
			 argument to the assistant attorney general, and one copy of the board's
			 argument shall be forwarded to the licensee or his/her attorney.
(3) Unless a different time is fixed at the
			 hearing, written arguments must be filed within ten days after the conclusion
			 of the taking of the testimony at the hearing.
(4) After the receipt of both written
			 arguments, the administrative law judge shall issue an initial order which will
			 be served on the licensee or his/her attorney and the assistant attorney
			 general.
Statutory Authority:
				  RCW
				  66.08.030. 08-17-056, § 314-42-085,
				  filed 8/15/08, effective 9/15/08. Statutory Authority:
				  RCW
				  66.08.030,
				  66.44.010,
				  66.24.010(3),
				  chapter
				  34.05 RCW. 01-11-058,
				  § 314-42-085, filed 5/11/01, effective
				  6/11/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-095 - What happens after an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Following an administrative hearing, the
			 administrative law judge will prepare an initial order and send it to the
			 licensee or permit holder, the assistant attorney general, the board's offices,
			 and any other party to the administrative hearing.
(2)
(a)
			 Either the licensee, permit holder, or the assistant attorney general may file
			 a petition for review of the initial order with the liquor control board within
			 twenty days of the date of service of the initial order. With notice to all
			 parties the board may change the time for filing a petition for review of the
			 initial order. The board may extend or shorten the filing time based on a
			 voluntary stipulation of the parties or upon motion of a party that
			 demonstrates a clear and convincing showing of exigent circumstances. The
			 petition for review must:
(i) Specify the
			 portions of the initial order to which exception is taken; and
(ii) Refer to the evidence of record which is
			 relied upon to support the petition.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-110 - Brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The Administrative Procedure Act provides for brief
				adjudicative proceedings in
				RCW
				34.05.482 through
				34.05.494.
				The board will conduct brief adjudicative proceedings where it does not violate
				any provision of law and where protection of the public interest does not
				require the board to give notice and an opportunity to participate to persons
				other than the parties. If an adjudicative proceeding is requested, a brief
				adjudicative proceeding will be conducted where the matter involves one or more
				of the following:
(1) Liquor license
			 suspensions due to nonpayment of spirits taxes per
			 RCW
			 66.24.010;
(2) Liquor license denials per WAC
			 314-07-065(2);
(3) Liquor license denials per WAC
			 314-07-040;
(4) Special occasion license application
			 denials per WAC
			 314-07-040;
(5) Special occasion license application
			 denials per WAC
			 314-07-065(7);
(6) MAST provider or trainer denials for
			 noncompliance with a support order in accordance with
			 RCW
			 66.20.085;
(7) MAST provider denials or revocations per
			 WAC
			 314-17-070;
(8) Liquor license suspensions due to
			 nonpayment of beer or wine taxes per WAC
			 314-19-015;
(9) One-time event denials for private clubs
			 per WAC
			 314-40-080;
(10) Banquet permit denials per WAC
			 314-18-030;
(11) The restrictions recommended by the
			 local authority on a nightclub license are denied per WAC
			 314-02-039
			 (a local authority may request a BAP);
(12) The restrictions recommended by a local
			 authority are approved per WAC
			 314-02-039
			 (an applicant for a nightclub license may request a BAP);
(13) Liquor license suspensions due to
			 noncompliance with a support order per
			 RCW
			 66.24.010;
(14) Liquor license suspensions due to
			 noncompliance with
			 RCW
			 74.08.580(2), electronic
			 benefits cards, per
			 RCW
			 66.24.013;
(15) License suspension due to nonpayment of
			 spirits liquor license fees per
			 RCW
			 66.24.630;
(16) License suspension due to nonpayment of
			 spirits distributor license fees per
			 RCW
			 66.24.055;
(17) Tobacco license denials per WAC
			 314-33-005;
(18) Cannabis license denials per WAC
			 314-55-050(2);
(19) Cannabis license denials per WAC
			 314-55-050(4);
(20) Cannabis license denials per WAC
			 314-55-050(8);
(21) Cannabis license denials per WAC
			 314-55-050(10);
(22) Cannabis license suspensions per WAC
			 314-55-050(11);
(23) Cannabis license denials per WAC
			 314-55-050(12);
(24) Cannabis license denials per WAC
			 314-55-050(13);
			 and
(25) Cannabis excise tax
			 payment waiver denials per WAC
			 314-55-089.
Statutory Authority:
				  RCW
				  66.08.030. 12-24-032, § 314-42-110,
				  filed 11/28/12, effective 12/29/12.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-115 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The preliminary record with respect to a
			 liquor license suspension due to nonpayment of spirits taxes in
			 RCW
			 66.24.010 shall consist of:
(a) All correspondence from department of
			 revenue requesting missing taxes or reports; and
(b) Request from department of revenue to the
			 liquor control board requesting suspension of the liquor license.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-120 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a presiding officer for brief adjudicative proceedings designated
			 by the board. The presiding officer for brief adjudicative proceedings shall
			 have agency expertise in the subject matter but shall not have personally
			 participated in the decision to issue the initiating document.
(2) The parties or their representatives may
			 present written documentation. The presiding officer for brief adjudicative
			 proceedings shall designate the date by which written documents must be
			 submitted by the parties.
(3) The
			 presiding officer for brief adjudicative proceedings may, in his or her
			 discretion, entertain oral argument from the parties or their
			 representatives.
(4) No witnesses
			 may appear to testify.
(5) The
			 presiding officer for brief adjudicative proceedings shall not issue an oral
			 order. Within ten business days of the final date for submission of materials
			 or oral argument, if any, the presiding officer for brief adjudicative
			 proceedings shall enter an initial order.
Statutory Authority:
				  RCW
				  66.08.030. 12-24-032, § 314-42-120,
				  filed 11/28/12, effective 12/29/12.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-125 - Brief adjudicative proceedings conversion to formal adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) At least
			 five days before the scheduled issuance of either an initial or a final order,
			 any party, including the agency, may file a written objection to resolution of
			 a matter by a brief adjudicative proceeding and may request that it be
			 converted to a formal adjudicative proceeding. Upon receiving a timely written
			 objection, the presiding officer or reviewing officer shall determine whether
			 the matter should be converted. Regardless of whether any party files a timely
			 objection, the presiding officer or reviewing officer may convert any brief
			 adjudicative proceeding to a formal adjudicative proceeding whenever it appears
			 that a brief adjudicative proceeding is insufficient to determine the issues
			 pending before the board.
(2) In
			 determining whether to convert a proceeding, the presiding officer may consider
			 the following factors:
(a) Whether witness
			 testimony will aid the presiding or reviewing officer in resolving contested
			 issues of fact;
(b) Whether the
			 legal or factual issues are sufficiently complex to warrant a formal
			 adjudicative proceeding, including whether there are multiple issues of fact or
			 law;
(c) Whether a brief
			 adjudicative proceeding will establish an adequate record for further agency or
			 judicial review;
(d) Whether the
			 legal issues involved in the proceeding present questions of legal significance
			 or are being raised for the first time before the agency;
(e) Whether conversion of the proceeding will
			 cause unnecessary delay in resolving the issues; and
(f) Any other factors that the presiding or
			 reviewing officer deems relevant in reaching a determination.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-42 - Liquor control board operations › Section 314-42-130 - Appeal rights on brief adjudicatory proceeding initial order

Current through Register Vol. 24-14, July 15, 2024
(1) If you are
			 dissatisfied with the order in the brief adjudicative proceeding, you may
			 appeal to the reviewing officer, which shall be the board chair, or designee.
			 This appeal process is called an administrative review. Your appeal must be
			 received by the board, in writing, within twenty-one days after the brief
			 adjudicative proceedings order is deposited in the U.S. mail.
(2) The reviewing officer considers your
			 appeal and either upholds or overturns the brief adjudicative proceeding order.
			 The reviewing officer's decision, also called an order, is the final agency
			 decision. The order will be provided to you at the last address you furnished
			 to the board.
(3) The order on
			 review must be in writing, must include a brief statement of the reasons for
			 the decision, and must be entered within twenty days after the date of the
			 initial order or of the request for review, whichever is later. The order shall
			 include a description of any further available administrative review or, if
			 none is available, a notice that judicial review may be available.
(4) A request for administrative review is
			 deemed to have been denied if the agency does not make a disposition of the
			 matter within twenty days after the request is submitted.
Statutory Authority:
				  RCW
				  66.08.030. 12-24-032, § 314-42-130,
				  filed 11/28/12, effective 12/29/12.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-44 - Licensed agents › Section 314-44-005 - Agent's license required - Eligible employers defined - Certain classes limited - Bona fide entity defined - Prohibited practices

Current through Register Vol. 24-14, July 15, 2024
(1) No person shall canvass for, solicit,
			 receive or take orders for the purchase or sale of any liquor, or act as the
			 agent for the purchase or sale of liquor, nor contact any licensees of the
			 board in goodwill activities, unless such person is holder of an agent's
			 license as provided in
			 RCW
			 66.24.310, and this regulation.
(2) An agent's license may be issued to the
			 accredited representative of a person, firm, or corporation within the state of
			 Washington holding any of the following licenses:
(a) A beer certificate of approval
			 license;
(b) A beer distributor's
			 license;
(c) A brewer's
			 license;
(d) A beer importer's
			 license;
(e) A wine certificate of
			 approval license;
(f) A wine
			 distributor license;
(g) A domestic
			 winery license;
(h) A wine
			 importer's license;
(i) A spirits
			 certificate of approval license;
(j) A spirits distributor license;
(k) A distiller or craft distiller license;
			 or
(l) A spirits importer
			 license.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-44 - Licensed agents › Section 314-44-015 - Agent license limited authority

Current through Register Vol. 24-14, July 15, 2024
(1) Agents licensed under the authority of
			 RCW
			 66.24.310 may perform goodwill activities as
			 authorized by the board.
(2) Agents
			 licensed under
			 RCW
			 66.24.310 are prohibited from using their
			 agent's license as a means to represent their being an employee of the board
			 for the purpose of (a) obtaining admission to liquor licensed establishments,
			 (b) misleading anyone into thinking they are a liquor enforcement officer or
			 (c) checking identification of patrons.
Statutory Authority:
				  RCW
				  66.08.030. 94-14-023, § 314-44-015,
				  filed 6/27/94, effective 7/28/94.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-45 - Serving and donating of liquor by suppliers at trade conventions of licensees › Section 314-45-010 - Convention defined - Hospitality rooms, display booths, receptions and similar activities - Permits required - Fees - Procedures

Current through Register Vol. 24-14, July 15, 2024
Activities pursuant to
				RCW
				66.20.010(8), (9), a
				manufacturer, importer, distributor, or agent thereof, may serve or donate
				liquor without charge to delegates and guests at a bona fide convention of a
				trade association composed of licensees of the board, subject to conditions set
				forth in this regulation.
(1) For the
			 purposes of this section a "convention" is defined as a bona fide session or
			 assembly of the general membership of a trade association composed of licensees
			 of the board.
(2) Such
			 manufacturer, importer, distributor, or agent thereof, must hold a special
			 permit issued by the board to engage in such an activity at such convention.
			 The fee for each such special permit shall be $25.00. A permit is required for
			 each booth or room a manufacturer, importer, distributor, or agent thereof is
			 serving or donating liquor. Application for such permit shall be submitted on a
			 form prescribed by the board. The statutory permits applicable to such
			 activities are:
(a) A special permit provided
			 for in RCW 66.20.010(8) 
			 which authorizes the holder thereof to serve liquor without charge to delegates
			 and guests in a hospitality room or from a booth in a board-approved suppliers'
			 display room at such convention.
(b) A special permit provided for in
			 RCW
			 66.20.010(9) which
			 authorizes the holder thereof to donate liquor for a reception, breakfast,
			 luncheon, or dinner for delegates and guests at such convention.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-010 - Mandatory statements

Current through Register Vol. 24-14, July 15, 2024
(1) Brand
			 advertising of spirituous liquor by any manufacturer shall contain the
			 following information:
(a) The name and
			 address of the manufacturer responsible for its publication. (Street may be
			 omitted.)
(b) A conspicuous
			 statement of the class to which the product belongs and the type corresponding
			 with the statement of class and type which is required by federal regulations
			 to appear on the label of the product.
(c) A statement of the alcoholic content for
			 distilled spirits shall be stated in percent alcohol by volume.
(d) In the case of distilled spirits produced
			 by blending or rectification, if neutral spirits have been used in the
			 production thereof, there shall be stated the percentage of neutral spirits so
			 used and the name of the commodity from which such neutral spirits have been
			 distilled.
(e) In the case of
			 neutral spirits or of gin produced by a process of continuous distillation,
			 there shall be stated the name of the commodity from which such neutral spirits
			 or gin has been distilled.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-015 - General

Current through Register Vol. 24-14, July 15, 2024
(1) Institutional
			 advertising shall mean advertising which promotes company or brand name
			 identification, but does not directly solicit purchase or consumption of
			 liquor. Educational advertising shall mean factual information on liquor, its
			 manufacture, history, consumption and methods of ascertaining the quality of
			 various types of liquors. All liquor advertising on products sold in the state
			 of Washington may not contain any statement, picture, or illustration that:
(a) Is false or misleading;
(b) Promotes over consumption;
(c) Uses the Washington state liquor control
			 board's seal or refers to Washington state liquor control board, except where
			 required by law;
(d) Represents the
			 use of liquor has curative or therapeutic effects, if such statement is untrue
			 or tends to create a misleading impression;
(e) Implies the consumption of liquor
			 enhances athletic prowess, or any statement, picture, or illustration that
			 refers to any known athlete, if such statement, picture, or illustration
			 implies, or if the reader may reasonably infer, that the use of liquor
			 contributed to any known athlete's athletic achievements;
(f) Depicts a child or other person under
			 legal age to consume liquor, or includes:
(i)
			 Objects, such as toys or characters, suggesting the presence of a child, or any
			 other depiction designed in any manner to be especially appealing to children
			 or other persons under legal age to consume liquor; or
(ii) Is designed in any manner that would be
			 especially appealing to children or other persons under twenty-one years of
			 age.
(g) Is targeted
			 principally to minors by implying that the consumption of alcoholic beverages
			 is fashionable or the accepted course of behavior for persons under twenty-one
			 years of age; or
(h) Uses
			 subliminal or similar techniques. "Subliminal or similar techniques" as used in
			 this section, refers to any device or technique that is used to convey, or
			 attempts to convey, a message to a person by means of images or sounds of a
			 very brief nature that cannot be perceived at a normal level of
			 awareness.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-030 - Liquor advertising prohibited in school publications

Current through Register Vol. 24-14, July 15, 2024
No liquor advertising shall:
(1) Be carried in any publication connected
			 or affiliated with any elementary or secondary schools; or
(2) Be connected with such schools in any
			 media.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.08.060, and 66.28.010.
				  10-06-122, § 314-52-030, filed 3/3/10, effective 4/3/10. Statutory
				  Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-17-031 (Order 108,
				  Resolution No. 117), § 314-52-030, filed 8/11/82. Statutory Authority:
				  RCW
				  66.08.030,
				  66.08.060 and
				  66.98.070. 80-09-078 (Order 73,
				  Resolution No. 82), § 314-52-030, filed 7/18/80; Order 46, §
				  314-52-030, Rule 118, filed 6/9/76; Order 10, § 314-52-030, filed
				  10/27/70, effective 11/27/70; Rule 118, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-040 - Contests, competitive events, premiums and coupons

Current through Register Vol. 24-14, July 15, 2024
(1) Liquor advertisements may offer consumers
			 premiums or prizes, upon completion of any coupon, contest, or competitive
			 event, which may or may not require proof of purchase of the advertised
			 product. Provided, that:
(a) No one under
			 twenty-one years of age is allowed to participate, and no premiums, prizes,
			 coupons, contests, or competitive events are targeted to persons under
			 twenty-one years of age;
(b)
			 Contests or sweepstakes that offer prizes or premiums to consumers through a
			 game of chance or random drawing, shall not require proof of purchase, and must
			 comply with the requirements of
			 RCW
			 9.46.0356 regarding gambling.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-050 - Sound truck advertising prohibited

Current through Register Vol. 24-14, July 15, 2024
No liquor advertising shall be permitted by use of sound
				trucks.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.08.060 and
				  66.98.070. 80-09-078 (Order 73,
				  Resolution No. 82), § 314-52-050, filed 7/18/80; Order 46, §
				  314-52-050, Rule 120, filed 6/9/76; Order 10, § 314-52-050, filed
				  10/27/70, effective 11/27/70; Rule 120, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-070 - Outdoor advertising

Current through Register Vol. 24-14, July 15, 2024
(1) "Outdoor
			 advertising" by manufacturers, importers, distributors, and retail licensees
			 for these purposes shall include all signs affixed or hanging in the windows
			 and on the outside of the premises visible to the general public from the
			 public right of way, advertising the sale and/or service of liquor, excluding
			 trade name and room name signs.
(2)
			 The board limits each retail licensed premises to a total of four signs
			 referring to alcoholic beverages, brand names, or manufacturers that are
			 affixed or hanging in the windows and on the outside of the premises that are
			 visible to the general public from the public right of way. The board also
			 limits the size of a sign advertising alcohol, brand names, or manufacturers
			 that are affixed or hanging in the windows and on the outside of the premises
			 that are visible to the general public from the public right of way to sixteen
			 hundred square inches.
"Sign" is defined as a board, poster, neon, or placard
				displayed to advertise.
A local jurisdiction has the option to exempt liquor licenses
				in their jurisdiction from the outdoor advertising restrictions in this section
				through a local ordinance.
(3) Outdoor signs shall be designed,
			 installed, and in compliance with all liquor advertising rules. These rules
			 include, but are not limited to:
(a) WAC
			 314-52-015 which contains
			 advertising prohibitions; and
(b)
			 WAC 314-52-110 which contains
			 advertising requirements by a retail licensee.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-080 - Novelty advertising

Current through Register Vol. 24-14, July 15, 2024
(1) Novelty
			 branded promotional advertising items which are of nominal value, singly or in
			 the aggregate, may be provided to retailers by industry members. Singly or in
			 the aggregate is per licensed location. Such items include, but are not limited
			 to: Trays, lighters, blotters, post cards, pencils, coasters, menu cards, meal
			 checks, napkins, clocks, mugs, glasses, bottle or can openers, corkscrews,
			 matches, printed recipes, shirts, hats, visors, and other similar items.
			 Branded promotional items:
(a) Must be used
			 exclusively by the retailer or its employees in a manner consistent with its
			 license;
(b) Must bear imprinted
			 advertising matter of the industry member only;
(c) May only be provided by industry members
			 to retailers and their employees;
(d) May not be provided by or through
			 retailers or their employees to retail customers.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-085 - Programs and program folders

Current through Register Vol. 24-14, July 15, 2024
Programs and program folders, for the purpose of this section,
				shall mean brochures for use at sporting arenas which have, as a part of their
				operations, whether directly or indirectly, a retail licensed premises. No
				manufacturer, importer, distributor, or their agent, shall provide, without
				cost, directly or indirectly, programs or program folders for retail licensees,
				however:
(1) A premises holding a
			 sports entertainment facility liquor license may accept bona fide liquor
			 advertising from manufacturers, importers, distributors or their agents, for
			 publication in the program or program folder of the sports entertainment
			 facility liquor licensee; and
(2)
			 Advertising is paid for by said manufacturer, importer, distributor or their
			 agent at the published advertising rate for all program or program folder
			 advertisers, including nonliquor advertisers.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.08.060, and 66.28.010.
				  10-06-122, § 314-52-085, filed 3/3/10, effective 4/3/10. Statutory
				  Authority:
				  RCW
				  66.08.030,
				  15.88.030,
				  19.126.020,
				  66.04.010,
				  66.08.180, 66.16.100,
				  66.20.010,
				  66.20.300,
				  66.20.310,
				  66.24.150,
				  66.24.170,
				  66.24.185,
				  66.24.200,
				  66.24.206,
				  66.24.210,
				  66.24.230,
				  66.24.240,
				  66.24.244,
				  66.24.250,
				  66.24.375,
				  66.24.380,
				  66.24.395,
				  66.24.400,
				  66.24.420,
				  66.24.425,
				  66.24.440,
				  66.24.450,
				  66.24.455,
				  66.24.495,
				  66.24.540, 66.28.010,
				  66.28.040,
				  66.28.050,
				  66.28.170,
				  66.28.180,
				  66.28.190,
				  66.28.200,
				  66.28.310, 66.44.190,
				  66.44.310,
				  66.98.060 and
				  82.08.150. 98-18-097, §
				  314-52-085, filed 9/2/98, effective 10/3/98. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-17-031 (Order 108,
				  Resolution No. 117), § 314-52-085, filed
				  8/11/82.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-090 - Advertising sponsored jointly by retailers and manufacturers, importers, or distributors

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 name of a retail licensee shall not appear in, or as a part of, or
			 supplementary to, any advertising of a manufacturer, importer or distributor,
			 except:
(a) To produce brochures and
			 materials promoting tourism in Washington state;
(b) A manufacturer, importer, or distributor
			 may list on their web sites information related to retailers who sell or
			 promote their products.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-097 - Financial arrangements between sports entertainment facility licensees and liquor manufacturers, importers, and distributors

Current through Register Vol. 24-14, July 15, 2024
A sports entertainment facility licensee and affiliated
				business may enter into arrangements with a manufacturer, importer, or
				distributor for brand advertising or promotional events at the sports
				entertainment facility under the following conditions:
(1) The facility has a capacity of five
			 thousand or more;
(2) Entities
			 required by WAC
			 314-12-030 placed on the sports
			 entertainment facility license due to financial interest, may receive
			 advertising from liquor manufacturers, importers, or distributors;
(3) The advertising agreement under the
			 provisions of this section must be made by written agreement;
(4) The license must stock and offer for sale
			 other competitive brands of liquor in addition to those of the advertising
			 manufacturer, importer, or distributor;
(5) The agreement may not contain credit or
			 money's worth to be provided by the manufacturer, importer, distributor, or
			 sports entertainment facility licensee;
(6) There will be no exclusionary contracts
			 between a sports entertainment facility licensee and manufacturer, importer, or
			 distributor; and
(7) The
			 advertising manufacturer, importer, or distributor may not exercise undue
			 influence in any manner over the sports entertainment facility licensee's
			 liquor purchasing and sales operations.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.08.060, and 66.28.010.
				  10-06-122, § 314-52-097, filed 3/3/10, effective
				  4/3/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-110 - Advertising by retail licensees

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Every advertisement by a retail licensee shall carry the licensed trade name or
			 the registered franchise name or the trademark name. The term "trade name"
			 shall be defined as the name as it appears on the license issued to the
			 licensee:
(a) Words such as tavern, cafe,
			 grocery, market, wine shop, and other similar words used to identify the type
			 of business licensed, and numbers used to identify chain licensees, shall
			 neither be required nor prohibited as part of the trade name in
			 advertisements.
(b) Advertisements
			 by a spirit, beer and wine restaurant licensee may also refer to cocktails,
			 bar, lounge and/or the "room name." The term "room name" shall be defined as
			 the name of the room designated as the cocktail lounge and/or the dining
			 room.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-113 - Brand signs and point-of-sale displays on retail licensed premises

Current through Register Vol. 24-14, July 15, 2024
Manufacturers, importers or distributors may furnish brand
				signs and point-of-sale material to retailers under the following
				conditions:
(1) The brand signs and
			 point-of-sale material shall have no value to the retailer except as brand
			 advertisement; such signs as those that provide illumination for cash
			 registers, pool tables, and other parts of the premises, have a functional
			 value and are not authorized. The brand signs and point-of-sale material shall
			 remain the property of, and be the responsibility of, the manufacturers,
			 importers or distributors.
(2)
			 Giant inflatables, such as inflated beer cans, bottles, and banners may be
			 provided as point-of-sale to retailers for display purposes inside the licensed
			 premises, provided the following conditions are met:
(a) Novelty items as defined in WAC
			 314-52-080 are not provided by
			 manufacturers, importers, or distributors to customers in conjunction with the
			 display;
(b) Inflatables are not
			 targeted or appeal principally to youth; and
(c) The display shall be removed if objected
			 to by local officials, or if the board finds it contrary to the public
			 interest.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-52 - Advertising › Section 314-52-113 - Brand signs and point-of-sale displays on retail licensed premises

Current through Register Vol. 24-14, July 15, 2024
Manufacturers, importers or distributors may furnish brand
				signs and point-of-sale material to retailers under the following
				conditions:
(1) The brand signs and
			 point-of-sale material shall have no value to the retailer except as brand
			 advertisement; such signs as those that provide illumination for cash
			 registers, pool tables, and other parts of the premises, have a functional
			 value and are not authorized. The brand signs and point-of-sale material shall
			 remain the property of, and be the responsibility of, the manufacturers,
			 importers or distributors.
(2)
			 Giant inflatables, such as inflated beer cans, bottles, and banners may be
			 provided as point-of-sale to retailers for display purposes inside the licensed
			 premises, provided the following conditions are met:
(a) Novelty items as defined in WAC
			 314-52-080 are not provided by manufacturers, importers, or distributors to
			 customers in conjunction with the display;
(b) Inflatables are not targeted or appeal
			 principally to youth; and
(c) The
			 display shall be removed if objected to by local officials, or if the board
			 finds it contrary to the public interest.