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

Current through Register Vol. 24-14, July 15, 2024
Sports entertainment facility licenses are unique and
				different from other on-premises licenses since they are not open on a daily
				basis, but rather for specific events. Public safety violations are considered
				the most serious because they present a direct threat to public safety. All
				other violations and penalties are the same for sports entertainment facility
				licensees as other liquor licenses.
(1) General public safety violation
			 penalties.
Violation Type
1st Violation
2nd Violation in a two-year
							 window
3rd Violation in a two-year
							 window
4th and Subsequent violation in a two-year
							 window
Violations involving minors:
Sale or service to minors outside of WAC
							 314-29-038(c):
Sale or service of alcohol to a person
							 under 21 years of age.
Minor frequenting
a restricted
							 area.
RCW 66.44.270
RCW 66.44.310
WAC
							 314-11-020
WAC
							 314-16-150
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
							 $2,500 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
							 $7,000 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
							 $45,000 fine
Penalty to be determined by the board, including
							 possible cancellation of license
Sale or service to an apparently intoxicated
							 person:
Sale or service of alcohol to, or permitting consumption or
							 possession by, an apparently intoxicated person.
RCW
							 66.44.200
WAC
							 314-16-150
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
							 $2,500 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
							 $7,000 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
							 $45,000 fine
Penalty to be determined by the board, including
							 possible cancellation of license
Conduct violations: Disorderly conduct
by licensee or employee, or permitting on premises.
Licensee and/or employee
intoxicated on
							 the licensed premises and/or drinking on duty.
Criminal conduct:
Permitting or engaging
							 in criminal conduct.
WAC
							 314-11-015
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
							 $2,500 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
							 $7,000 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
							 $45,000 fine
Penalty to be determined by the board, including
							 possible cancellation of license
Lewd conduct:
Engaging in or permitting conduct in violation of WAC
							 314-11-050.
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
							 $2,500 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
							 $7,000 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
							 $45,000 fine
Penalty to be determined by the board, including
							 possible cancellation of license
Refusal
to allow an inspection and/or
							 obstructing a law enforcement officer from performing their official
							 duties
.
							 RCW
							 66.28.090
RCW 66.44.370
WAC
							 314-11-090
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.10 per ticket sold, with a mandatory minimum of
							 $2,500 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $0.50 per ticket sold, with a mandatory minimum of
							 $7,000 fine
Monetary penalty will be based on ticket sales to the
							 event, and calculated at $1.25 per ticket sold, with a mandatory minimum of
							 $45,000 fine
Penalty to be determined by the board, including
							 possible cancellation of license
(2) If
			 documented ticket sales for an event are unavailable, in order to assess
			 penalties set forth in this section, the facility maximum occupancy will be
			 used for the penalty assessment.
(3) WSLCB youth access compliance checks, in
			 accordance with chapter 314-31 WAC.
License Class
Compliance Threshold
1st Violation
2nd Violation
3rd Violation
4th Violation
Sports and entertainment facility
Events: 1 to 20 points of sale (1st incident/sale to
							 minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
							 possible cancellation of license
Sports and entertainment facility
Events: 21 to 45 points of sale (2nd incident/sale to
							 minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
							 possible cancellation of license
Sports and entertainment facility
Events: 45 or more points of sale (3rd incident/sale
							 to minor to be a violation/ compliance failure)
$1000 x I*
$10,000 x I*
$25,000 x I*
Penalty to be determined by the board, including
							 possible cancellation of license
* "I" signifies the total cumulative incidents of
							 sales to underage person during an alcohol compliance check.
A point of sale is defined as each different concession stand,
				or service area (such as a lounge), not each individual cash
				register.