Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-11 - General requirements for licensees › Section 314-11-050 - What types of conduct are prohibited on a premises with a liquor license?

Current through Register Vol. 24-14, July 15, 2024
(1)
Licensees may not allow, permit, or
							 encourage employees (including him or herself) to:
(a) Be unclothed or in such attire, costume, or
							 clothing as to expose to view any portion of the breast below the top of the
							 areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva,
							 or genitals.
(2)
Licensees may not allow, permit, or
							 encourage any person (including him or herself) on the licensed premises
							 to:
(a) Perform acts of or acts which simulate, or use
							 artificial devices or inanimate objects which depict;
Sexual intercourse, masturbation, sodomy,
							 bestiality, oral copulation, flagellation, or any sexual acts which are
							 prohibited by law;
The touching, caressing, or fondling of the breast,
							 buttocks, anus or genitals; or
The displaying of the pubic hair, anus, vulva, or
							 genitals.
(b) Show any film, still picture, electronic
							 reproduction, or other visual reproduction that depicts pornography, or a
							 sexual act prohibited by law.
(3)
Notwithstanding the provisions of
							 subsection (4) of this rule, licensees may not encourage any person on the
							 licensed premises to:
(a) Expose to public view any portion of his or her
							 genitals or anus;
(b) Touch, caress, or fondle the breasts, buttocks,
							 anus, or genitals of any other person; or
(c) Wear or use any device or covering that is
							 exposed to view which simulates the breast, genitals, anus, pubic hair, or any
							 portion thereof.
(4)
Licensees must ensure any entertainers on
							 the licensed premises perform under the following guidelines:
(a) Entertainers may only expose their breast and/or
							 buttocks if the performer(s) is on a stage at least eighteen inches above the
							 immediate floor level and removed at least six feet from the nearest
							 patron.
(b) Performers must be at least six feet away from
							 the nearest patron. This restriction will not be applied to performances of
							 traditional ethnic dancing, provided that all of the following conditions are
							 met:
(i) The dancers are compensated by the
							 licensee;
(ii) At all times, the licensee must maintain and
							 have available for inspection by any liquor enforcement officer a list of all
							 traditional ethnic dancers employed at the licensed premises. The list must be
							 retained for a period of thirty days after termination of employment and must
							 contain the following information for each dancer or entertainer:
True name and professional or stage name, if
							 any;
Residence address and phone number;
Terms of the agreement of employment; and
Signature of both the licensee and the dancer or
							 entertainer;
(iii) The traditional or ethnic dance performances
							 will be those performed for the enjoyment of the general audience of the
							 licensee and not for individual patrons.
(5) The
			 occurrence of any of the above acts or conduct, whether permitted by a
			 licensee, employee, or any other person under the control or direction of the
			 licensee or an employee, constitutes good and sufficient cause for cancellation
			 of license privileges.
(6) Nothing
			 in this rule is intended disallow local officials from adopting ordinances that
			 are more restrictive than the requirements outlined in this rule.
(7) If any provision of this rule or the
			 application thereof to any person or circumstances is held invalid, such
			 invalidity shall not affect other provisions or application of the rule which
			 can be given effect without the invalid provision or application, and to this
			 end the provisions of this rule are severable.
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,
				  § 314-11-050, filed 2/26/01, effective
				  3/29/01.