reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-09 - Contested liquor license applications and renewals › Section 314-09-015 - Objections to liquor license renewals

Current through Register Vol. 24-14, July 15, 2024
(1)
How can local governmental
			 jurisdictions object to the renewal of a liquor license?
(a) The board will give governmental
			 jurisdictions approximately ninety days written notice of premises that hold
			 annual liquor licenses in that jurisdiction that are up for renewal.
(b) Per
			 RCW
			 66.24.010(8), if a
			 governmental jurisdiction wants to object to the renewal of a liquor license in
			 its jurisdiction, it must submit a letter to the board detailing the reason(s)
			 for the objection and a statement of all facts on which the objections are
			 based.
(c) This letter must be
			 received by the board at least thirty days before the liquor license expires.
			 The objection must state specific reasons and facts that show issuance of the
			 liquor license at the proposed location or to the applicant business will
			 detrimentally impact the safety, health, or welfare of the community.
(d) If the objection is received within
			 thirty days of the expiration date or the licensee has already renewed the
			 license, the objection will be considered as a complaint and possible license
			 revocation may be pursued by the enforcement division.
(e) Objections from the public will be
			 referred to the appropriate governmental jurisdiction for action under
			 subsection (2) of this section. Upon receipt of the objection, the board
			 licensing and regulation division will acknowledge receipt of the objection(s)
			 and forward to the appropriate governmental jurisdiction. Such jurisdiction may
			 or may not, based on the public objection, request nonrenewal.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-010 - General - Liquor control board responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The liquor control board shall regulate
			 all sales and distribution of tobacco products pursuant to chapter 507, Laws of
			 1993. The liquor control board shall report all tobacco enforcement activity in
			 a manner agreed by the department of health and the liquor control board on a
			 quarterly basis or as set forth in the interagency agreement.
Statutory Authority:
				  RCW
				  66.08.030. 93-23-016, § 314-10-010,
				  filed 11/5/93, effective 12/6/93.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-030 - Tobacco mechanical dispensing machines - Licensees without a liquor license - Records

Current through Register Vol. 24-14, July 15, 2024
(1) Tobacco
			 licensees who do not hold a liquor license and use a mechanical dispensing
			 machine (vending machine) must provide to the board a listing denoting the
			 address and specific location of each tobacco vending machine.
(2) The tobacco licensee with a vending
			 machine(s) must notify the board in writing of any new proposed location(s) for
			 a tobacco vending machine ten working days in advance of the move.
(3) Vending machines which dispense or store
			 tobacco products may only be located in establishments where minors are
			 prohibited, or in industrial worksites where minors are not employed in such
			 locations. The vending machines used to dispense or store tobacco products must
			 be located at least ten feet from each entrance and/or exit. The board may
			 waive upon written request the "ten feet" requirement when permanent fixtures
			 or the design of the room make it impractical to place a machine ten feet from
			 each entrance and/or exit.
(4)
			 Vending machines with an exception waiver shall have an endorsement posted on
			 the vending machine license to denote that the board has granted an exception
			 to the ten-foot rule.
Statutory Authority:
				  RCW
				  66.08.030. 95-04-044, § 314-10-030,
				  filed 1/25/95, effective 2/25/95; 93-23-016, § 314-10-030, filed 11/5/93,
				  effective 12/6/93.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-040 - How old do employees have to be to sell and handle cigarettes or tobacco products?

Current through Register Vol. 24-14, July 15, 2024
(1) Any employee
			 can sell and handle tobacco products when:
(a) The business has a cigarette retailer's
			 license; or
(b) The business has
			 registered with the department of revenue; and
(c) There is a supervising employee who is
			 eighteen years of age or older on the retail premises.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-060 - Persons under 18 years old attempting to purchase/obtaining tobacco products

Current through Register Vol. 24-14, July 15, 2024
(1) Any person whom
			 a peace officer or enforcement officer has reasonable grounds to believe is
			 under 18 years of age who purchases or attempts to purchase, or attempts to
			 obtain or obtains tobacco products may be detained for a reasonable period of
			 time and in such a reasonable manner as is necessary to determine the person's
			 true identity and date of birth. A person under 18 years of age who is cited
			 for attempting to purchase or purchasing tobacco products is subject to a fine
			 as set by chapter 7.80 RCW or participation in a smoking cessation program or
			 both.
(a) This provision does not apply to a
			 person under the age of 18 who, with parental authorization, is participating
			 in a controlled purchase as a part of a liquor control board, law enforcement,
			 or local health department activity.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-080 - Parents and guardians may not provide tobacco

Current through Register Vol. 24-14, July 15, 2024
No person, including parents or legal guardians of persons
				under 18 years of age may authorize any minor to purchase or obtain tobacco
				products.
Statutory Authority:
				  RCW
				  66.08.030. 93-23-016, § 314-10-080,
				  filed 11/5/93, effective 12/6/93.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-090 - What tobacco products may be used for sampling promotions?

Current through Register Vol. 24-14, July 15, 2024
(1) No person may
			 engage in providing samples of tobacco products other than cigarettes within
			 Washington state.
(2) No person may
			 engage in providing samples of cigarettes without a valid sampler's license. A
			 firm contracting with a tobacco manufacturer to distribute samples of a
			 manufacturer's product is deemed to be the person engaged in the business of
			 sampling. The liquor control board will issue any sampler's licenses.
(3) The annual fee for a manufacturer's
			 cigarette samplers license within the state is $500 and is designated a Class
			 T1 license. The fee for independent businesses that provide samples of
			 cigarettes is $50 and is designated a Class T2 license. All sampler's licenses
			 expire on the 30th day of June each year and must be renewed annually.
In adopting the language of subsection (4) of this section, the
				board affirms that sampling does have a direct impact upon the availability of
				product to minors. Many sampling activities, because of the large volume of
				product offered, promote secondary distribution to bystanders, especially
				minors. Addiction to nicotine can occur quickly after the use of a relatively
				small amount of product. It is the board's intention to limit this amount
				thereby reducing the opportunity and potential for product to be redistributed
				to minors.
(4) A sample is
			 the smallest portion representative of the product that is available for retail
			 sales and distribution. T1 and T2 license holders may distribute samples of
			 cigarettes pursuant to chapter 70.155 RCW and chapter 314-10 WAC as follows:
(a) Cigarettes: No more than one sample
			 package may be furnished per eligible customer per day. Such sample shall not
			 contain more than twenty cigarettes per sample package.
(b) T1 and T2 licensees that have sample
			 packages available that contain fewer cigarettes than allowed by this section
			 are encouraged to provide such alternative sizes.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-100 - How may cigarette sampling activity be conducted?

Current through Register Vol. 24-14, July 15, 2024
(1) The cigarette sampler's license entitles
			 the licensee, and employees or agents of the licensee, to distribute samples at
			 any lawful location in the state during the term of the license. The person
			 engaged in sampling shall carry the Class T1 or T2 license or a copy of the
			 license at all times and produce same at the request of an enforcement officer
			 as defined in
			 RCW
			 7.80.040.
(2) No person may distribute or offer to
			 distribute samples in a public place. This prohibition does not apply to:
(a) An area to which persons under 18 years
			 of age are denied admission,
(b) A
			 store or concession to which a cigarette retailers license has been issued,
			 or
(c) At or adjacent to a
			 production, repair or outdoor construction site or facility.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-10 - Sale and distribution of tobacco products › Section 314-10-110 - Penalties, suspension notices, posting or advertising of - Other closing notices prohibited

Current through Register Vol. 24-14, July 15, 2024
(1) The liquor
			 control board may suspend or revoke a retailer's or sampler's license for
			 violation of the board's administrative rules governing tobacco. Further, the
			 board may impose a monetary penalty in lieu of license suspension for violation
			 of said rules not covered by statute.
(2) Licensees are required to maintain
			 compliance with all tobacco laws and regulations during any period of
			 suspension. Whenever the board shall suspend the license of any licensee, the
			 board shall on the date the suspension becomes effective cause to be posted in
			 a conspicuous place on or about the licensed premises a notice in a form to be
			 prescribed by the board, stating that the license or licenses have been
			 suspended by order of board because of violation of the Washington State laws
			 or the regulations.
(3) During the
			 period of suspension:
(a) No person shall
			 remove, alter, cover, or in any way disturb the posted notice(s) of
			 suspension;
(b) No person shall
			 place, permit or allow to be placed in, at, or upon the licensed premises, any
			 notice or statement of reasons or purpose indicating that the premises have
			 been closed or that sale of tobacco products has been discontinued for any
			 reason other than as stated in the notice of suspension; Provided Further, That
			 the prohibition of this subsection shall apply to any nearby or adjacent
			 property, such as a parking lot area that is owned by or under the control of
			 the licensee.
(c) Neither the
			 licensee nor his/her or its employees shall advertise, either by newspaper,
			 radio, television, handbill, brochure, flyer or by any means whatever, that the
			 licensed premises are closed or discontinuing the sale of tobacco products for
			 any reason(s) other than those stated in the board's suspension
			 notices.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-005 - What is the purpose of chapter 314-11 WAC?

Current through Register Vol. 24-14, July 15, 2024
Chapter 314-11 WAC outlines general requirements for liquor
				licensees, including:
(1) Licensee
			 areas of responsibility;
(2)
			 Restrictions against alcohol service to persons under twenty-one years of age
			 and apparently intoxicated persons;
(3) Persons under twenty-one years of age
			 entering a restricted area;
(4)
			 Conduct on licensed premises;
(5)
			 Mandatory signs;
(6) Hours of
			 operation;
(7) Keeping liquor on
			 licensed premises; and
(8) Record
			 keeping requirements.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-005, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-015 - What are my responsibilities as a liquor licensee?

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Liquor licensees are responsible for the
			 operation of their licensed premises in compliance with the liquor laws and
			 rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed
			 or permitted by employees will be treated by the board as violations committed
			 or permitted by the licensee.
(b)
			 The penalties for violations of liquor laws or rules are in: WAC
			 314-29-015
			 through
			 314-29-035,
			 as now or hereafter amended, for licensees; and WAC
			 314-17-105
			 and
			 314-17-110,
			 as now or hereafter amended, for employees who hold mandatory alcohol server
			 training permits. These rules also outline aggravating and mitigating
			 circumstances that may affect what penalty is applied if a licensee or employee
			 violates a liquor law or rule.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-015 - Responsibilities as a liquor licensee

Current through Register Vol. 24-14, July 15, 2024
(1)
(a) Liquor licensees are responsible for the
			 operation of their licensed premises in compliance with the liquor laws and
			 rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed
			 or permitted by employees will be treated by the board as violations committed
			 or permitted by the licensee.
(b)
			 The penalties for violations of liquor laws or rules are in: WAC 314-29-015 through 314-29-035, as now or hereafter amended, for licensees; and WAC
			 314-17-105 and 314-17-110, as now or hereafter amended, for employees who hold
			 mandatory alcohol server training permits. These rules also outline aggravating
			 and mitigating circumstances that may affect what penalty is applied if a
			 licensee or employee violates a liquor law or rule.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-020 - What are the guidelines regarding sales to persons under twenty-one years of age and where persons under twenty-one are allowed on a licensed premises?

Current through Register Vol. 24-14, July 15, 2024
(1) Per
			 RCW
			 66.44.270, licensees or employees may not
			 supply liquor to any person under twenty-one years of age, either for his/her
			 own use or for the use of any other person.
(2) Per
			 RCW
			 66.44.310, licensees or employees may not
			 allow persons under twenty-one years of age to remain in any premises or area
			 of a premises classified as off-limits to persons under twenty-one. (See
			 RCW
			 66.44.310(1)(b) regarding
			 nonprofit, private club licensees.)
(3) Per
			 RCW
			 66.20.180, at the request of any law
			 enforcement officer, a holder of a card of identification must present his/her
			 card of identification if the person is on a portion of a premises that is
			 restricted to persons over twenty-one years of age, or if the person is
			 purchasing liquor, attempting to purchase liquor, consuming liquor, or in the
			 possession of liquor. If the person fails or refuses to present a card of
			 identification it may be considered a violation of
			 Title
			 66 RCW and:
(a) The person may not remain on the licensed
			 premises after being asked to leave by a law enforcement officer; and
(b) The person may be detained by a law
			 enforcement officer for a reasonable period of time and in such a reasonable
			 manner as is necessary to determine the person's true identity and date of
			 birth.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-025 - What are the acceptable forms of identification?

Current through Register Vol. 24-14, July 15, 2024
(1) Acceptable forms of identification to
			 verify a person's age for the purpose of selling, serving, or allowing a person
			 to possess or consume alcohol must include:
(a) The identification holder's
			 photo;
(b) The identification
			 holder's date of birth; and
(c) The
			 identification holder's signature, except on federally issued identification
			 where a visible signature is not required.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-030 - What if a person's identification meets the legal requirements but I still have doubts about his or her age?

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Per RCW
			 66.20.190 and
			 66.20.210, if a patron presents
			 proper identification as outlined in WAC
			 314-11-025 but the licensee or
			 employee still has doubts about the patron's age, the licensee or employee may
			 require the patron to sign a certification card. Certification cards are
			 provided by the board's enforcement and education division.
(2) The certification card must be completely
			 filled out and filed alphabetically by the licensee or employee by the close of
			 business on the day used. Certification cards are subject to examination by any
			 law enforcement officer.
[RCW. 01-06-014, § 314-11-030, filed 2/26/01, effective
				3/29/01.]]
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340, and
				  66.44.350. 02-11-054, §
				  314-11-030, filed 5/9/02, effective 6/9/02. Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-030, filed 2/26/01, effective 3/29/01.
Reviser's note:
RCW
				  34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-035 - What are the rules regarding sales to apparently intoxicated persons?

Current through Register Vol. 24-14, July 15, 2024
Per
				RCW
				66.44.200, licensees or employees may not
				supply liquor to any person apparently under the influence of liquor, or allow
				an apparently intoxicated person to possess or consume liquor on the licensed
				premises.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340, and
				  66.44.350. 02-11-054, §
				  314-11-035, filed 5/9/02, effective 6/9/02. Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-035, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-045 - Can musicians under twenty-one years of age entertain on a licensed premises that is restricted to persons twenty-one or older?

Current through Register Vol. 24-14, July 15, 2024
Per
				RCW
				66.44.316 and
				66.44.318, musicians, disc
				jockeys, and sound or lighting technicians paid by the licensee who are
				eighteen, nineteen, or twenty years of age may work in a licensed premises or a
				portion of a licensed premises that is restricted to persons twenty-one years
				of age or older, under the following conditions:
(1) The eighteen, nineteen, or twenty
			 year-old musicians must remain on the stage or bandstand during their
			 performance, except:
(a) Strolling musicians;
			 and
(b) Disc jockeys and sound and
			 lighting technicians may remain in locations as required to actively support
			 the professional musician or disc jockey.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-055 - What are the lighting requirements for a licensed premises?

Current through Register Vol. 24-14, July 15, 2024
On all portions of the premises where alcohol is served or
				consumed, licensees must maintain sufficient lighting so that identification
				may be checked and patrons may be observed for the enforcement of liquor laws
				and rules.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-055, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-065 - Types of liquor allowed on a licensed premises

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Licensees may only possess and allow persons to consume or possess the type of
			 liquor permitted by the type of liquor license held on the premises; except:
(a) Under authority of a banquet permit (see
			 chapter 314-18 WAC);
(b) Restaurant
			 licensees may allow patrons to bring wine into the premises for consumption
			 with a meal;
(c) Beer and/or wine
			 restaurant or tavern licensees may keep spirituous liquor on the premises for
			 use in the manufacture of food products, provided that:
(i) All food products manufactured contain
			 one percent or less of alcohol by weight (per RCW  66.12.160) ;
(ii) Customers are made aware that the food
			 products contain liquor; and
(iii)
			 The beer and/or wine restaurant or tavern licensee notifies the local liquor
			 control board enforcement office in writing before they bring spirituous liquor
			 on the premises;
(d)
			 Under the authority of a special occasion license; and
(e) Licensees with an endorsement under WAC
			 314-20-350, 314-24-350, or 314-28-350 may keep other types of liquor on the
			 premises to provide contract packaging services consistent with RCW
			  66.24.248.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-070 - During what hours can I sell or serve liquor?

Current through Register Vol. 24-14, July 15, 2024
(1) Between the hours of 2 a.m. and 6 a.m.,
			 licensees or employees may not:
(a) Sell
			 liquor,
(b) Offer liquor for
			 sale,
(c) Deliver liquor (except
			 that beer and/or wine distributors may deliver beer and/or wine to retail
			 licensees between the hours of 2 a.m. and 6 a.m.),
(d) Permit the removal of liquor from the
			 premises;
(e) Allow liquor to be
			 consumed on the premises; or
(f)
			 Possess liquor, except that persons working on the premises may possess liquor
			 between the hours of 2 a.m. and 6 a.m. while in the performance of their
			 official duties.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-072 - Does my premises have to be open to the general public at all times?

Current through Register Vol. 24-14, July 15, 2024
Unless otherwise approved by the board, a retail licensed
				premises must be open to the general public whenever liquor is sold, served, or
				consumed.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340, and
				  66.44.350. 02-11-054, §
				  314-11-072, filed 5/9/02, effective
				  6/9/02.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-080 - Can liquor be substituted?

Current through Register Vol. 24-14, July 15, 2024
Liquor licensees or employees may not:
(a) Tamper, dilute, or fortify any bottle of
			 spirituous liquor;
(b) Sell or
			 serve any spirituous liquor, beer, or wine other than ordered; or
(c) Substitute a nonalcoholic beverage when
			 an alcoholic beverage has been ordered (see WAC
			 314-11-035 regarding a licensee's
			 responsibility to not serve liquor to an apparently intoxicated
			 person).
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-080, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-085 - Do I have to sell liquor at a certain price?

Current through Register Vol. 24-14, July 15, 2024
(1) Liquor licensees must sell beer, wine,
			 and spirits at or above the licensee's acquisition cost.
(2) An exception to this requirement is that
			 on-premises retail licensees may give a customer a drink free of charge under
			 limited circumstances, such as a customer's birthday or to compensate for
			 unsatisfactory products or services. Free liquor may not be used in advertising
			 or as part of a promotion.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.08.050. 12-17-006, §
				  314-11-085, filed 8/1/12, effective 9/1/12. Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-085, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-090 - Does the board have the right to inspect my premises?

Current through Register Vol. 24-14, July 15, 2024
Per
				RCW
				66.28.090, the following must be available to
				inspection at all times by the board and any law enforcement officer:
(1) The licensed premises and any premises
			 connected physically or otherwise to the licensed business;
(2) Records as outlined in WAC
			 314-11-095; and
(3) Liquor on the licensed premises for the
			 purpose of analyzing samples (the licensee will be given a receipt for any
			 product removed from the premises for this purpose).
Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-090, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-095 - What records am I required to keep regarding my licensed premises?

Current through Register Vol. 24-14, July 15, 2024
Licensees are responsible to keep records that clearly reflect
				all financial transactions and the financial condition of the business.
(1) All industry members and retailers shall
			 keep and maintain the following records on their premises for a three-year
			 period and the records must be made available for inspection if requested by an
			 employee of the liquor control board, or by a person appointed in writing by
			 the board for the purposes of administering or enforcing any provisions of
			 Title
			 66 RCW or Title 314 WAC:
(a) Purchase invoices and supporting
			 documents, to include the items and/or services purchased, from whom the items
			 were purchased, and the date of purchase;
(b) Bank statements and canceled checks for
			 any accounts relating to the licensed business;
(c) Accounting and tax records related to the
			 licensed business and each true party of interest in the liquor
			 license;
(d) Records of all
			 financial transactions related to the licensed business, including contracts
			 and/or agreements for services performed or received that relate to the
			 licensed business;
(e) Records of
			 all items, services, and moneys' worth furnished to and received by a retailer
			 and of all items, services, and moneys' worth provided to a retailer and
			 purchased by a retailer at fair market value;
(f) Records of all industry member financial
			 ownership or interests in a retailer and of all retailer financial ownership
			 interests in an industry member; and
(g) Business entertainment records of
			 industry members or their employees who provide either food, beverages,
			 transportation, tickets or admission fees for or at athletic events or for
			 other forms of entertainment to retail licensees and/or their
			 employees.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-097 - Credit on nonliquor food items - Conditions - Recordkeeping

Current through Register Vol. 24-14, July 15, 2024
(1) Notwithstanding
			 the provisions of WAC
			 314-12-140, persons licensed
			 under RCW
			 66.24.200 as wine distributors and persons
			 licensed under
			 RCW
			 66.24.250 as beer distributors may sell at
			 wholesale nonliquor food products on thirty days' credit terms to retailers.
			 Complete and separate accounting records shall be maintained for a period of
			 three years on all sales of nonliquor food products.
(2) Nonliquor food products include all food
			 products for human consumption as defined in
			 RCW
			 82.08.0293 as it exists on July 1, 1987,
			 except that for the purposes of this section bottled water and carbonated
			 beverages, whether liquid or frozen, shall be considered food
			 products.
(3) For the purpose of
			 this section, the period of credit is calculated as the time elapsing between
			 the date of delivery of the product and the date of full legal discharge of the
			 retailer, through the payment of cash or its equivalent, from all indebtedness
			 arising from the transaction.
(4)
			 If the board finds in any instance that any licensee has violated this section
			 by extending or receiving credit in excess of the thirty days as provided for
			 by this section, then all licensees involved shall be held equally responsible
			 for such violation.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.08.050. 12-17-006, §
				  314-11-097, filed 8/1/12, effective 9/1/12. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.28.320. 10-01-090, §
				  314-11-097, filed 12/16/09, effective
				  1/16/10.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-100 - Can the board or another government agency seize liquor?

Current through Register Vol. 24-14, July 15, 2024
Under the provisions of
				RCW
				66.08.030(20), liquor
				enforcement officers and other peace officers are authorized to seize,
				confiscate, destroy or otherwise dispose of any liquor that is manufactured,
				sold, or offered for sale within the state in violation of the provisions of
				Title
				66 RCW and/or Title 314
				WAC.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.08.050. 12-17-006, §
				  314-11-100, filed 8/1/12, effective 9/1/12. Statutory Authority:
				  RCW
				  66.08.030,
				  66.28.100,
				  66.28.040,
				  66.28.090,
				  66.44.010,
				  66.44.070,
				  66.44.200,
				  66.44.270, 66.44.291,
				  66.44.292,
				  66.44.310,
				  66.44.316,
				  66.44.318,
				  66.44.340,
				  66.44.350, and
				  chapter
				  66.44 RCW. 01-06-014,
				  § 314-11-100, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-105 - What can the board do with lawfully seized liquor?

Current through Register Vol. 24-14, July 15, 2024
(1) Per
			 RCW
			 66.08.030(20) and chapter
			 66.32 RCW, the board may destroy lawfully seized liquor under the following
			 conditions:
(a) The board must maintain a
			 record of the type, brand, and amount of liquor seized for at least one
			 year.
(b) The lawfully seized
			 liquor may be destroyed only after:
(i) The
			 board's charges of a violation of
			 Title
			 66 RCW or board regulations
			 have been sustained after an administrative proceeding pursuant to chapter
			 314-29 WAC as now or hereafter amended, in which the liquor to be destroyed has
			 been the subject of, or evidence in, the administrative proceeding;
			 or
(ii) The board's charges of a
			 violation of
			 Title
			 66 RCW or board regulations
			 have been admitted or are not contested by the person from whom the liquor was
			 seized and the liquor seized was the subject of the charged violation;
			 or
(iii) The liquor was seized
			 pursuant to lawful arrest and liquor was held as evidence in a criminal
			 proceeding where a final disposition has been reached; or
(iv) When no administrative or judicial
			 proceedings are held, all parties who claim a right, title, or interest in the
			 seized liquor have been given notice and opportunity for a hearing to determine
			 his or her right, title, or interest in the subject liquor. Claims of right,
			 title, or interest in seized liquor must be made to the board, in writing,
			 within thirty days of the date of seizure.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-110 - What can government agencies other than the board do with lawfully seized liquor?

Current through Register Vol. 24-14, July 15, 2024
Under the provisions of chapter 66.32 RCW, government agencies
				may, after obtaining the approval of the board and under the supervision of the
				board, dispose of lawfully seized liquor as follows:
(1) The government agency may sell opened
			 containers of lawfully seized liquor back to the spirits, beer, and wine
			 restaurant licensee from whom seized if the licensee is going out of business
			 and the liquor will be used for the personal use of the licensee.
(2) The government agency may sell unopened
			 beer, wine, or spirits to the distributor selling the beer, wine, or spirits at
			 a negotiated price. A copy of the inventory and bill of sale must be kept for
			 three years.
(3) The government
			 agency may sell unopened salable wine and/or beer to appropriately licensed
			 retailers at a negotiated price under the following conditions:
(a) The product must meet the quality
			 standards set forth by its manufacturer; and
(b) Copies of the inventory and bill of sale
			 must be furnished the board.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-010 - License does not grant vested right

Current through Register Vol. 24-14, July 15, 2024
The issuance of any license by the board shall not be construed
				as granting a vested right in any of the privileges so conferred, and a
				misrepresentation of fact found to have been made by the applicant or a
				licensee shall be deemed a lack of good faith and shall constitute good and
				sufficient cause for the disapproval of an application or the revocation or
				suspension of said license by the board.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-04-031 (Order 98,
				  Resolution No. 107), § 314-12-010, filed 1/27/82; Rule 1, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-015 - Receipt of liquor laws/rules summary

Current through Register Vol. 24-14, July 15, 2024
Upon issuance of a liquor license under
				chapter
				66.24 RCW, every licensee
				shall be issued a guide on liquor laws, regulations, and other pertinent
				information. Every licensee or designee of a licensee shall be required to sign
				a form provided by the board acknowledging receipt of the guide. The issuance
				of the guide to the licensee and the receipt of the licensee's signed
				acknowledgement signifies that the licensee is aware of the basic liquor law
				requirements and is able to operate their liquor business in such a fashion as
				to protect the public health, welfare and safety.
Statutory Authority:
				  RCW
				  66.08.030. 93-15-027, § 314-12-015,
				  filed 7/12/93, effective 8/12/93; 92-14-024, § 314-12-015, filed 6/22/92,
				  effective 7/23/92.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-020 - Continuing conditions to hold a liquor license

Current through Register Vol. 24-14, July 15, 2024
A person or entity must meet minimum required qualification to
				receive a liquor license, and must continue to meet the qualifications in order
				to maintain the liquor license.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010,
				  66.24.015, and
				  66.24.025. 05-07-012, §
				  314-12-020, filed 3/4/05, effective 4/4/05. Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010,
				  66.08.150. 01-03-087, §
				  314-12-020, filed 1/17/01, effective 2/17/01. Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010 and
				  66.24.025. 96-03-004, §
				  314-12-020, filed 1/4/96, effective 2/4/96. Statutory Authority:
				  RCW
				  66.08.030. 93-15-024, § 314-12-020,
				  filed 7/12/93, effective 8/12/93. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.010(2)(b).
				  90-24-007, § 314-12-020, filed 11/27/90, effective 12/28/90. Statutory
				  Authority:
				  RCW
				  66.08.030 and
				  66.08.050(2).
				  83-18-071 (Order 129, Resolution No. 138), § 314-12-020, filed 9/7/83;
				  Order 58, § 314-12-020, filed 8/9/77, effective 9/12/77; Order 43, §
				  314-12-020, Rule 1.5, filed 11/20/75; Order 36, § 314-12-020, filed
				  7/2/75; Rule 1.5, filed 6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-027 - Financial interest and ownership

Current through Register Vol. 24-14, July 15, 2024
Pursuant to the exceptions in
				chapter
				66.28 RCW:
(1) An industry member or affiliate may have
			 a financial interest in another industry member or a retailer, and a retailer
			 or affiliate may have financial interest in an industry member unless such
			 interest has resulted or is more likely than not to result in:
(a) Undue influence over the retailer or the
			 industry member; or
(b) An adverse
			 impact on public health and safety.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-030 - Display of licenses

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to the
			 requirements of
			 RCW
			 66.24.010(1), any license
			 issued shall be issued in the name(s) of the true party or parties in
			 interest.
(2) All licenses (except
			 certificates of approval and agent's licenses) shall be prominently displayed
			 on the licensed premises.
Statutory Authority:
				  RCW
				  66.08.030. 93-18-094, § 314-12-030,
				  filed 9/1/93, effective 10/2/93; 93-10-092, § 314-12-030, filed 5/4/93,
				  effective 6/4/93; 86-07-012 (Order 176, Resolution No. 185), § 314-12-030,
				  filed 3/11/86; Order 58, § 314-12-030, filed 8/9/77, effective 9/12/77;
				  Rule 2, filed 6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-033 - Limited partnerships (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.010(2)(b).
				  90-24-009, § 314-12-033, filed 11/27/90, effective 12/28/90. Statutory
				  Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-13-105 (Order 105,
				  Resolution No. 114), § 314-12-033, filed 6/23/82.
Reviser's note:
RCW
				  34.05.395 requires the use of underlining and
				  deletion marks to indicate amendments to existing rules, and deems ineffectual
				  changes not filed by the agency in this manner. The bracketed material in the
				  above section does not appear to conform to the statutory
				  requirement.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-035 - Furnishing of information and/or documentation to the board

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
			 facilitate the administration and/or enforcement of
			 RCW
			 66.24.010, licensees, applicants for
			 licenses, or the agents or representatives thereof shall, upon request by the
			 board, furnish to the board copies of all documents affecting the ownership
			 and/or proposed operation of the premises licensed or sought to be licensed.
			 These documents may be required with the original license application, with any
			 additional application, and at such other times as may be requested by the
			 board. Licensees, applicants for licenses, or the agents or representatives
			 thereof, shall furnish along with these documents a signed written summary of
			 any oral agreements which affect the ownership and/or proposed operation of the
			 premises licensed, or sought to be licensed. Failure or refusal to furnish said
			 requested documentation will be good and sufficient cause for denial of any
			 application in support of which the documentation was requested, and will be
			 good and sufficient cause for revocation of any license held by a licensee who
			 fails or refuses to furnish the said requested documentation.
(2) Written information and/or documentation
			 requested by the board from any person for the purpose of administering and/or
			 enforcing RCW 66.24.010, any person
			 furnishing written information and/or documentation requested by the board may
			 be required to submit an affidavit on a form prescribed by the board, which
			 shall be signed by the person submitting the information, given under oath
			 subject to the penalties of perjury, and certifying that all information and/or
			 documentation being furnished is true, accurate and complete.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010 and
				  66.24.025. 96-03-004, §
				  314-12-035, filed 1/4/96, effective 2/4/96. Statutory Authority:
				  RCW
				  66.08.030. 91-22-114, § 314-12-035,
				  filed 11/6/91, effective 12/7/91. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-04-032 (Order 99,
				  Resolution No. 108), § 314-12-035, filed
				  1/27/82.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-040 - Prorating and refunding of fees - Discontinuance of business

Current through Register Vol. 24-14, July 15, 2024
(1) Unless
			 otherwise provided by law, there will be no prorating of any license
			 fee.
(2) Upon denial or withdrawal
			 of an application for license, adoption or change of trade name, or change of
			 location, the fee tendered therewith shall be returned: Provided, However, such
			 return shall not apply to the nonrefundable seventy-five dollar fee submitted
			 with an application for a new annual retail license.
(3) When a license is suspended or cancelled,
			 or the licensed business is discontinued, no refund of the license fee shall be
			 made.
(4) Upon discontinuance of
			 business for twenty-one days or more by a licensee, he shall forthwith deliver
			 up his license to the board, or representative of the board. A licensee who is
			 not operating as a seasonal business and who has voluntarily discontinued sale
			 of liquor in excess of forty-five days will not be eligible for renewal of
			 license for a subsequent year unless sale of liquor under the license is
			 resumed on a permanent basis prior to the beginning of the next subsequent
			 licensing period.
Statutory Authority:
				  RCW
				  66.08.030. 88-16-025 (Order 257, Resolution
				  No. 266), § 314-12-040, filed 7/27/88. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 82-10-020 (Order 103,
				  Resolution No. 112), § 314-12-040, filed 4/28/82; Rule 3, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-050 - Loss or destruction of licenses, permits, etc. - Fee

Current through Register Vol. 24-14, July 15, 2024
Upon the loss or destruction of a license or permit issued by
				the board to purchase liquor , application for a duplicate must be made to the
				board. Fee: $5.00.
Statutory Authority:
				  RCW
				  66.08.030. 85-24-040 (Order 168, Resolution
				  No. 177), § 314-12-050, filed 11/27/85; Rule 4, filed
				  6/13/63.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-12 - General-Applicable to all licensees › Section 314-12-070 - Applications for currently licensed locations

Current through Register Vol. 24-14, July 15, 2024
No application for any license shall be made except in
				conformance with
				RCW
				66.24.010, and subject to the following
				conditions: The license applicant shall not take possession of the premises,
				nor exercise any of the privileges of a licensee, nor shall such application be
				effective until the board shall have approved the same.
Statutory Authority:
				  RCW
				  66.08.030,
				  66.24.010 and
				  66.24.025. 96-03-004, §
				  314-12-070, filed 1/4/96, effective 2/4/96. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.010. 90-24-008, §
				  314-12-070, filed 11/27/90, effective 12/28/90. Statutory Authority:
				  RCW
				  66.08.030 and 1987 c 217. 87-16-002 (Order
				  226, Resolution No. 235), § 314-12-070, filed 7/23/87. Statutory
				  Authority:
				  RCW
				  66.08.030 and
				  66.98.070. 81-22-026 (Order 85,
				  Resolution No. 94), § 314-12-070, filed 10/28/81; Order 55, §
				  314-12-070, filed 5/31/77, effective 7/1/77; Rule 6, filed
				  6/13/63.