Current through Register Vol. 24-06, March 15, 2024
(1)
What requirements govern the
submission of operating plans?
(a) To
receive a license, a sports/entertainment facility must submit an operating
plan for board approval.
(b) Once
approved, the plan remains in effect until the licensee requests a change or
the board determines that a change is necessary due to demonstrated problems or
conditions not previously considered or adequately addressed in the original
plan. Changes to an operating plan must be submitted to the board's licensing
division for approval.
(c) The plan
must be submitted in a format designated by the board.
(d) The plan must contain all of the
following elements:
(i) How the
sports/entertainment facility will prevent the sale and service of alcohol to
persons under twenty-one years of age and those who appear to be
intoxicated.
(ii) The ratio of
alcohol service staff and security staff to the size of the audiences at events
where alcohol is being served. The minimum ratio allowed is one staff person to
fifty attendees at the event.
(iii)
Training provided to staff who serve, regulate, or supervise the service of
alcohol. Mandatory alcohol server training is required for all staff.
(iv) The facility's policy on the number of
alcoholic beverages that will be served to an individual patron during one
transaction. Two alcoholic beverages is the maximum number allowed to be sold
and served to an individual patron during one transaction.
(v) An explanation of the alcoholic beverage
containers that will be used to ensure they are significantly different from
containers utilized from nonalcoholic beverages.
(vi) A list of event categories (see WAC
314-02-057(2) )
to be held in the facility at which alcohol service is planned, along with a
request for the level of alcohol service at each event.
(vii) The date must be included in the
operating plan.
(viii) The pages
must be numbered in the operating plan.
(ix) A site plan designating all alcohol
service areas. Identify all beer garden areas to include dimensions of the
area, capacity, number of alcohol service/security employees staffing the area,
and what type/size of barrier will surround the alcohol service area.
(x) The operating plan must be signed by a
principal of the licensed entity.
(e) Prior to the first of each month, the
licensee must provide a schedule of events for the upcoming month to the
facility's local liquor enforcement office. This schedule must show the date
and time of each event during which alcohol service is planned. The licensee
must notify the local enforcement office at least seventy-two hours in advance
of any events where alcohol service is planned that were not included in the
monthly schedule. Notice of private events is not required when the event is
being held in conjunction with a professional or amateur sporting event, an
entertainment event, or a special event as outlined in WAC
314-02-057(2).
(2)
May the liquor and
cannabis board impose any other mandatory standards as a part of an operating
plan? Yes. To prevent persons who are under twenty-one years of age or
who appear intoxicated from gaining access to alcohol, the board may impose the
following standards as part of an operating plan:
(a) The board may require that an operating
plan include additional mandatory requirements if it is judged by the board
that the plan does not effectively prevent violations of liquor laws and
regulations, particularly those that prevent persons under twenty-one years of
age or who are apparently intoxicated from obtaining alcohol.
(b) To permit alcohol servers to establish
the age of patrons and to prevent over-service, sports/entertainment facilities
must meet minimum lighting requirements established by WAC
314-11-055 in any area where
alcohol is served or consumed. For the purpose of establishing a permanent
technical standard, an operating plan may include a lighting standard measured
in foot candles, so long as the candle power of the lighting is, at all times,
sufficient to permit alcohol servers to establish the validity of documents
printed in eight point type.
(3)
Where will spirits, beer, and wine
be allowed in a sports/entertainment facility? The purpose of the
following matrix is to outline where and when alcohol service will normally be
permitted. Due to the unique nature of each facility, the board will determine
the permitted alcohol service based on the facility's approved operating plan.
(a) Self-service of alcohol is
prohibited.
(b) If alcohol service
is requested outside of the parameters listed below, a special request with
justification for the alcohol service area must be submitted with the operating
plan for consideration by the board.
Type of event as defined in WAC
314-02-057
|
Beer, wine, and spirits may be sold and served
in approved restaurants, lounges, private suites, and club rooms |
Beer, wine, and spirits may be sold and served
in temporary lounges, beer gardens, or other approved service areas |
Spirits, beer, and wine may be served and
consumed in club seats during events |
Beer and wine may be consumed throughout
seating areas during events |
Hawking - beer may be served throughout seating areas,
subject to the provisions of WAC
314-02-058(4)
|
Professional sporting events of baseball,
football, basketball, soccer, tennis, volleyball, horse racing, hockey, and
track and field events |
x |
x |
x |
x |
x |
All other professional sporting events
including WWE, UFC, rodeo, motorcross, national auto racing, and monster truck
events (level of alcohol service will be determined on a case-by-case basis per
the approved operating plan) |
x |
x |
x |
x |
|
Amateur sporting events (nonpaid athletes)
|
x |
x |
|
x |
|
Entertainment events |
x |
x |
|
|
|
Special events (trade shows, conventions)
|
x |
x |
|
|
|
Darkened house events |
x |
x |
x |
x |
|
(c) For private
events, beer, wine, and spirits may be served in the area where the event is
held. This area may be a separate meeting or banquet room or the entire
facility.
(d) In order to minimize
youth access to alcohol, the board may prohibit or restrict the service of
alcohol at events where the attendance is expected to be over thirty percent
persons under twenty-one years of age. This restriction will not apply to the
professional sporting events outlined in WAC
314-02-057(2)(a).
(e) To request approval for walk around beer
and/or wine consumption at special events, the licensee must provide the board
the following information about the event:
(i) Type of event;
(ii) Demographics of the event;
(iii) Lighting at the event; and
(iv) If the event is located indoors or
outdoors.
(4)
Darkened house. Consumption of alcohol within the darkened seating
portions of the venue during entertainment activities are subject to the
following conditions:
(a) Request for
darkened house activities will be part of the operating plan.
(b) The board will only approve darkened
house events after notification to the local authority as identified by the
licensing division and approval by the designated local authority. The
notification will clearly state:
(i) Primary
responsibility for the control of the darkened area of the establishment will
rest with the licensee and local law enforcement authorities; and
(ii) The board will not entertain
contradictory recommendations from subdivisions of the local
jurisdictions.
(c)
Violation of the darkened house addendum to the operating plan will be viewed
as an aggravating factor to a violation rather than a primary enforcement
issue.
(5)
Will
hawking be allowed at sports/entertainment facilities? Subject to the
provisions of this rule, hawking may be permitted in general seating areas for
the sale and consumption of beer, at the professional sporting events of
baseball, football, basketball, soccer, tennis, volleyball, horse racing,
hockey, and track and field events only, as defined by WAC
314-02-057(2)(a).
(a) An operating plan must include procedures
for hawkers to verify the age of purchasers and to prevent service to
apparently intoxicated persons.
(b)
During hawking, any patron may decline to handle alcoholic beverages, either on
behalf of themselves and for any person under their supervision. When a patron
objects to handling alcohol, hawkers must accommodate the objection. The
facility operating plan will address how hawking will be managed, including how
hawkers will respond to patron objections to handling alcohol.
Statutory Authority:
RCW
66.08.030 and
66.24.363. 11-01-133, §
314-02-058, filed 12/21/10, effective
1/21/11.