Important aspects of the Washington State Liquor and Cannabis Board under Washington Law
Alcohol Server Training
• All servers must satisfactorily complete a program of alcohol server training every five years, by earning a score of 80 percent or higher on a test administered at the end of the program. Mandatory Alcohol Server Training (MAST) permits expire after five years, and a training class must be taken again to renew the permit.
• Permits and one acceptable form of ID must be available for inspection any time the permit holder is working. You can face administrative penalties for failure to have server permit in possession, with a fine up to $100, suspension up to 5 consecutive days, or both.
• You can face administrative penalties for the service of alcoholic beverages without a valid, current server permit, with a fine up to $500 or maximum 90 day jail sentence.
• Conviction of a felony or law relating to alcohol (i.e. Driving Under the Influence) may result in suspension or revocation of your Class 12 or Class 13 permit.
Types of Permits
You will need one of the following permits:
Duties of Servers of Alcoholic Beverages Under Washington Law
After Hours Prohibited
• It is illegal to sell, serve or allow the consumption of alcoholic beverages on the licensed premises between 2:00am and 6:00am, seven days a week. After 2:00am, no one may possess, consume, or be served alcohol at a licensed premises. A violation of this regulation may cause the liquor license to be suspended for five days or $500 monetary fine up to a license cancellation. For a Mandatory Alcohol Server Training (MAST) permit holder, his/her permit may be suspended for five days or $100 monetary fine to permit revocation.
Sales or Service to Persons Under 21
• It’s illegal to sell, serve, or give alcoholic beverages to a person under 21 (RCW 66.44.270). Sale to a minor is a gross misdemeanor. If convicted, the court may impose a fine up to $5,000 and/or imprisonment up to one year or both. The WSLCB may impose a license suspension, monetary fine, and/or license revocation. WAC: Liquor Licensee MAST permit holder
• The licensees or employees may not allow persons under 21 years of age to remain in any premises or area of premises classified as off-limits to persons under 21. WAC
• The students enrolled in classes that are part of a culinary, wine technology, beer technology or spirituous technology-related degree program may taste the alcohol but not consume it.
Sales or Service to Intoxicated Patrons
• It is illegal to sell, serve, procure, or aid in the procurement of, an alcoholic beverage to an intoxicated person (WAC). Furthermore, Washington State law requires alcohol to be removed from any patron showing signs of intoxication. Sale to an apparently intoxicated person can lead to a criminal citation resulting in monetary fines and/or imprisonment. The WSLCB may impose a license suspension, monetary fine, and/or license revocation. (WAC)
Third Party Liability
• If alcohol was sold to a minor or to an apparently intoxicated person, and that minor or apparently intoxicated person causes damages to a third party (i.e. innocent victims), the innocent victim can sue the licensee and sellers for the damages. As a server, you always have the right to refuse the sale if you believe illegal activity is involved.
Mitigating & Aggravating Factors
• Mitigating circumstances that may result in fewer days of suspension and/or a lower monetary option may include demonstrated business policies and/or practices that reduce the risk of future violations. Examples include:
• Having a signed acknowledgment of the business’ alcohol policy on file for each employee.
• Having an employee training plan that includes annual training in liquor laws.
• Aggravating circumstances that may result in increased days of suspension, increased monetary option, and/or cancellation of a liquor licnese may include business operations or behaviors that create a increased risk for a violation and/or intentional commission of a violation. Examples include:
• Failing to call 911 for local law enforcement or medical assistance when requested
by a customer, a liquor control board officer, or when people have sustained
injuries.
• Not checking to ensure employees are of legal age or have appropriate work
permits.
Open Container Prohibited In Most Cases
• No licensee or permittee will permit a person to take an open container of alcoholic beverages from the licensed premises, except for recorked wine that was purchased with a meal. The WSLCB encourages servers to draw a line on the recorded bottle to mark its volume when leaving the premises, to staple the receipt showing the purchase of a meal to the bag that the bottle is placed into, and to advise their customers to place the container in the trunk of their car. (WAC)
Prohibited Practices on Licensed Premises
• Games or contests that involve drinking alcoholic beverages or the awarding of alcoholic beverage drinks as prizes.
• Sale of any liquor for on premises consumption under advertising slogans where the expressed or implied meaning is that a cusomter, in order to receive a reduced price, would be required to purchase more than one drink at a time, such as “two for the price of one,” “buy one – get one free,” or “two for $__.” Retailers may offer package deals where the cost of the alcoholic product is covered in the cost of the package items. For example: “Dinner includes a bottle of wine.”
• Beer, wine, or spirituous liquor shall not be advertised, offered for sale, or sold by retail licensees at less than acquisition cost.
• Specialty shops, wineries, breweries, and craft distilleries acting as a retail licensee, providing free tastings to the public, are prohibited from using any term that implies the product is free in their advertising for such events.
• The consumption of marijuana in any form at any premises licensed to sell alcohol. Licensees, employees, and patrons are prohibited from consuming any type of marijuana, usable marijuana, or marijuana-infused products in a licensed establishment, including any outdoor service areas of the property. Any patron who has consumed any type of marijuana within the licensed premises must be removed from the establishment. WAC
Required Signs/Posters in a Licensed Establishment
• The following items must be displayed in full public view within an establishment:
Lighting Requirements WAC
• In all portions of the premises where alcohol is served or consumed, lighting must be sufficient to check IDs and to observe patrons for the enforcement of liquor laws and rules, including apparent intoxication.
Food Service Requirements WAC
Spirits, beer, and wine restaurants must:
• Maintain a menu of at least eight different complete meals that include an entrée plus at least one additional course.
• Provide complete meals at least five hours per day between the hours of 11am and 11pm, at least five days per week, plus any other day liquor is sold or served.
• Post hours of complete meal service conspicuously on the premises or list hours on the menu.
• If the premises is 100% dedicated dining area (no lounge or game rooms), complete meal service must be available at all times liquor is available for sale, service, and consumption.
Penalties for Violations of Liquor Laws
• The Washington State Liquor and Cannabis Board categorizes the violations of liquor laws or rules into three groups:Ⓒ Klein Buendel Inc.