This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.

Washington’s Liquor Authority

Washington’s Liquor Authority:

• The Washington liquor authority is the Washington State Liquor Control Board, referred to as the WSLCB.

• The phone number for Washington’s Liquor Control Board is (360) 664-1600.
• The website for Washington’s Liquor Control Board is: www.liq.wa.gov.
• The Washington Legislature is the body responsible for enacting the state’s alcohol laws.
• Washington is a control state:

• The state government controls the sale and distribution of alcohol.
• Responsible alcohol service training is mandatory.

Washington’s Liquor License and Alcohol Beverage Laws

Washington State’s Liquor Control Board requires:

• Licensees to uphold all the liquor laws for the state of Washington.
• Licensees to be knowledgeable of and abide by any local ordinances as well.

• Licensees to post the following signs (most are available at no charge from the Liquor Control Board) in a visible location for all to see:   
  • Fetal alcohol effects and fetal alcohol syndrome. (Must be posted in the women’s restroom nearest the bar and at the main entrance.)
  • Firearms.
  • Food service.
  • Hours of liquor service.
  • Liquor license – current and valid master license with any additional endorsements.
  • Minor postings.
  • Tobacco. (If applicable)

• Licensees and their employees must be able to monitor alcohol service by having visual access to all areas where alcohol is sold and consumed.
• Lighting in the establishment should be bright enough in order to properly see and check IDs as well as be able to monitor customers.
• During any period of alcohol service, restaurants that are classified as spirits, wine and beer licensees are required to offer at least four complete meals.

Under Washington State Alcohol Laws:

• It is unlawful to sell or serve alcohol to a person who seems to be intoxicated.
• It is unlawful to allow an intoxicated person to continue to possess or consume alcohol. State law requires that the server actually remove any alcoholic beverages from the possession of the person believed to be intoxicated. Should the person want to drive away, it is not recommended to try to keep or take away an intoxicated person’s car keys from them but rather to contact local law enforcement to deal with the situation.

·         Licensees are prohibited from offering such promotions as 2 for 1drink specials or from promoting excessive alcohol consumption.

• Combinations of food and drink offered for a special price, is allowed if the alcohol is not offered at a price below what the licensee paid for it.
• “Happy Hour” is defined as a specific time of day.
• “Drink Specials” can be determined by the policies of the licensed establishment but alcohol cannot be offered at a price below what the licensee paid for it.
• “Promotions” are only allowed if, approval has been granted by the Advertising Coordinator of the Liquor Control Board.
• Any activities involving illegal drugs, is not allowed on a licensed premises.
• It is unlawful for a licensee to engage in criminal activity or to allow criminal activities to occur on the licensed premises or nearby such as in parking lots or on sidewalks. The licensee is responsible for such activities and the Board could take administrative actions against the licensee.
• Licensees are responsible for the actions of any disorderly customers while on the licensed premises. Those customers should be asked to leave and law enforcement may need to be contacted.
• It is unlawful for anyone to bring alcohol into a licensed establishment. The only exception is when the licensee allows a customer to bring in a bottle of their own wine to consume with their meal.
• Licensees and their employees are prohibited from consuming alcohol while on duty.

Should a licensee and/or an employee serve an intoxicated person or allow the intoxicated person to continue to possess or consume alcohol, the possible penalties could be:

• Administrative citation for the licensee that might include the suspension of the license.
• Possible fine.
• Administrative action against the server’s permit.

If a licensee is held accountable for an administrative violation, the possible sanctions could be:

• The suspension or revocation of the license.
• Possible fine.

If an employee who holds a Class 12 or Class 13 permit, be held accountable for an administrative violation, the possible sanctions could be:

• The suspension or revocation of the permit.
• Loss of current employment, income and benefits and future employment.

Should an employee who serves or sells alcohol be given a criminal citation, the possible penalties could be:

• Fine.
• Imprisonment.
• Criminal record.
• Loss of future employment.
• Administrative action against the server’s permit.

The following is the service hours for alcoholic beverages in the state of Washington (local ordinances may require a different closing time):

• On-Premise Establishments may sell and service alcohol Monday – Sunday from 6am to 2am.

·         Off-Premise and retail store licensees may sell alcohol Monday – Sunday from 6am to 2am.

• Generally state liquor stores are closed on Sundays and are open Mondays – Saturday from 10am to 10pm. Hours can vary by each store. See www.liq.wa.gov for store hours.

The following pertains to closing hours:

• A licensee may close their premises any time they choose so long as all consumption and possession ends at 2am.
• Once an establishment is closed, all alcohol sales must cease.

Intoxication and people with disabilities:

• Occasionally, someone who has a disability may display a behavior that is similar to that of an intoxicated person. It is important to become educated on the signs of intoxication in order to be able to distinguish the difference so that the refusal of alcohol service is always based on an individual’s state of sobriety and not on their disability.

Driving Under the Influence

In the state of Washington, all drivers give unspoken or implied consent to have a blood test or a breath test to determine their BAC or the presence of any illegal drugs. Law enforcement will inform the driver:

• Of their right to refuse the test or to have another test administered by someone that they choose.
• That refusing the blood or breath test, could be used against them in a criminal trial and result in:   
  • Their privilege to drive being denied or revoked.
  • Their permit or license being denied or revoked.
• If their BAC comes back with a .08 or higher, the penalty could be:   
  • Their permit, license and privilege to drive being revoked, denied, suspended or put in probationary status.

Please note: In the state of Washington, all drivers who are arrested are questioned as to where they had been consuming alcohol. The names of any establishments mentioned will be forwarded for investigation to the Liquor Control Board.

Statistics on Alcohol and Drug Abuse for the State of Washington

 In 1990, the Washington State Division of Alcohol and Substance Abuse reported:

• That the total economic cost of drug and alcohol abuse was 1.81 billion in the state.
• That over 60% of that cost was directly related to alcohol abuse.
• Nationally, there were 120,000 deaths reported that were attributed to drug and alcohol abuse.

According to the report, The Economic Costs of Drug and Alcohol Abuse in Washington State, 1990,” the following percentages represent the types of crime associated with or caused by alcohol:

• Homicide              30%
• Felony assaults    27%
• Auto theft        5%
• Burglary            5%
• Larceny            4%
• Robbery            4%

Mandatory Alcohol Server Training (MAST)

Washington State’s Legislature passed a alcohol server training law in 1995 that requires Mandatory Alcohol Server Training (MAST) for all employees who work for the following on-premise licensees:

• Restaurants that sell beer and/or wine.
• Restaurants that sell beer, wine and spirits.
• Taverns.
• Snack Bars.
• Clubs and hotels that sell alcohol by the bottle for their guests.
• Private Clubs.
• Sports and entertainment facilities.
• Wineries with secondary location (location other than main facility)

(Grocery stores, beer and wine specialty shops, interstate common carriers and special occasion licensees are exempt.)

In order to be certified as a trainer in Washington, all instructors must:

• Be certified with the Liquor Control Board.
• See “Trainer FAQ’s” found on www.eightdollaralcoholservertraining.com
• File an “Acknowledgement of Understanding” with the Liquor Control Board.
• Participate in and complete the Board’s briefing course.
• Have a current Class 12 permit.

• Have 2 years of post-secondary education (or equivalent work experience) in one of the following areas: 

• Education or Training.
• Law or Law Enforcement.
• Hospitality Industry.
• Substance Abuse Rehabilitation.

• Pass the criminal history requirements.

All certified trainers must:

• Have all trainees sign an enrollment agreement and include their social security numbers. Completed Enrollment Agreements to be forwarded to the Liquor Control Board and copies kept by trainer on file for 5 years. (Do not keep records of social security numbers).
• Send a list of all trainees who successfully completed and were issued a servers permit to the Liquor Control Board within three days.
• Teach a Board approved provider program and not alter it in any way.
• Submit all completed training materials (tests, sign in sheets and copies of enrollment agreements) to administration of $8 Alcohol Server Training.

Employees are required to receive mandatory training and the required permit within 60 days from their date of hire. Permits remain valid for 5 years (unless revoked by the Board). Permits are issued as follows:

• Class 12 (Mixologist) permits are issued to managers, bartenders, employees who mix drinks or draw beer or wine from a tap. All employees issued this type of permit must be 21 years of age or older.
• Class 13 (Server) permits are issued to servers, employees who take alcohol orders or deliver alcohol orders to guests and to those employees who check IDs. All employees issued this type of permit must be 18 years of age or older.

Please note that Class 12 permits include all privileges issued under a Class 13 permit.

A permit may be revoked or suspended by the Liquor Control Board if the employee:

• Has been convicted of a felony.
• Has violated a state or a local liquor law.
• Has allowed an act that violates a regulation of the Liquor Control Board.

If a permit has been revoked or suspended, the licensee is still held accountable for the actions of the employee while on the premises. If the Board believes that the licensee was also at fault, the licensee’s license could also be revoked or suspended.

Under the MAST program, an employee:

·         Must have their permit and a valid ID with them and available for inspection while on duty.

·         May work at more than one licensed establishment.

·         May not falsify a permit so that another individual can use it.

·         Should the employee lose their permit they may contact their trainer, provider, or contact the Liquor Control Board. A small fee may be required.

Failure for an employee to obtain the proper permit could result in a:

• Criminal citation.
• Fine.

Under the MAST program, it is a violation:

·         For a licensee to employ anyone for the sale or service of alcohol who does not obtain a valid permit within 60 days of employment.

·         For a licensee to employ a person who has not been issues a servers permit (60-day grace period) – can be liquor license suspension or administrative violation notice (ANV).

·         For a licensee to employ someone whose permit has been declined or revoked or suspended.

·         For an individual to accept employment that involves the sale or service of alcohol knowing that their permit has been declined or revoked or suspended.

Identification

Acceptable forms of identification in Washington are:

• Drivers License or instruction permit (50 States and Canada)
• State ID Card (50 States and Canada)
• Washington State Tribal Enrollment Card (must be registered with Washington Liquor Control Board – list available at www.liq.wa.gov)
• Identicard (Washington state)
• Passport
• Military ID
• Merchant Marine ID card issued by the United States Coast Guard.

In order for an ID to be consider valid in the state of Washington, the ID must display the following:

• Photo of the person.
• Date of birth of the person.
• Signature of the person.
• Expiration date that has not expired. (Exception to this is if the Washington state issued driver’s license has expired but the person has a temporary paper license or an expiration extension sticker that is current.)
• Temporary paper license issued by the Washington Department of Licensing (only good for one month).

The proper way to check an ID is with the REACT method:

• Remove – have the person remove their ID from their wallet when presenting it.
• Examine – check for alterations or changes made to the ID card.
• Acceptable – make sure the ID is an accepted one for the state of Washington.
• Certification – if necessary, fill out a Licensee Certification Card completely.
• Talk – engage the person with questions about their ID card.

If a licensee or an employee believes that the ID being presented is valid but still feels unsure that the person presenting it is of legal age, they should fill out a Licensee Certification Card:

• A supply of cards is available from any state liquor store or liquor control board.
• Filling out a card can help protect the licensee from liability for serving a minor and show that the server or seller did check the person’s ID and found it to be acceptable.
• The certification card provides protection to the licensee against criminal charges and civil suits.
• Certification cards are subject to inspection by any law enforcement officer.

Licensee Certification Cards, also known as “LC Cards” or “white cards,” are generally requested from guests who display a youthful appearance. Certification cards must be:

• Completely filled out by the server or seller of alcohol and the purchaser of alcohol. (Purchaser fills front side and seller fills back side)
• Stored and filed alphabetically by the licensee or employee by the close of business on the day the card was filled out and used.

In the state of Washington, confiscating an ID is:

• Not allowed and is considered theft. Instead inform the person that you are contacting local law enforcement to come check the ID.  You are permitted to hold the ID until law enforcement arrives but should the person want to leave, you must give the ID back to them. If the person leaves without obtaining the ID back, it is not considered theft.
• Abandoned ID’s must be turned into police or Liquor Control Board.

Washington’s Laws Regarding Age

Washington’s laws regarding age:

• It is illegal to serve or sell alcohol to minors.
• A person must be at least 21 years old to consume alcohol.

• A minor may not enter those establishments that are considered to be cocktail lounges or taverns. Exceptions may be made for minors between the ages of 18-20 who are: 

• Acting as janitors while the tavern is closed.
• Employed by an outside company who provides amusement devices and they are at the tavern to service, install or remove the device.
• Musicians, singers, DJs, or those employed to assist such persons.
• Law enforcement officers or security personnel who are not directly employed by the licensee.
• Firefighters.
• Employees between the ages of 18-20 may enter restricted areas to place orders for alcoholic beverages, to pick up orders, to bus tables and to seat customers. They may not remain in the restricted area for a prolonged period of time or be assigned to work in the restricted area.
• A minor may not consume any alcohol either on or off a licensed premise
• It is unlawful for a minor to try to purchase alcohol, use a false ID, enter a bar, consume alcohol at a celebration or a banquet or consume alcohol that is served to them by a parent or legal guardian.

The penalty for serving or selling alcohol to a minor is a gross misdemeanor punishable by:

• Possible imprisonment for up to 1 year.
• Possible fine up to $5,000.00.
• Combination of imprisonment and fine.

Dram Shop Laws for the State of Washington

Dram Shop Liability:

• There is no formal Dram Shop Act for the state of Washington. Instead liability has been established and imposed through case law. Court decisions uphold the standards regarding liability. Washington courts have held that dram shop liability exists under the theory of negligence.
• Licensees and their employees can be held civilly liable for serving a minor or a visibly intoxicated guest.