Current through Register Vol. 24-06, March 15, 2024
(1)
What is the purpose of this chapter? The purpose of this section
is to establish standards and procedures for a responsible vendor program for
spirits retail and beer and wine retail licensees selling alcohol for
off-premises consumption.
(2)
What is the responsible vendor program for spirits retail
licensees? This program is free, voluntary, and self-monitoring. Spirits
retail licensees who hold a responsible vendor certificate and maintain all
requirements are eligible for reduced sanctions on their first single violation
within any period of twelve calendar months.
(3)
How does a spirits retail licensee
become a responsible vendor? Any spirits retail licensee who meets the
program standards may participate. To apply for a responsible vendor
certificate, the licensee must have no public safety violations within the last
two years and must complete and submit a board-provided application form. Board
staff will review the application for completeness, and will:
(a) Certify the completed application clearly
indicates the licensee has all program standards in place and send a
certificate to the licensee; or
(b)
Return an incomplete application that does not clearly indicate the licensee
has all program standards in place. Staff will notify the licensee of the
reason(s) the application is being returned.
(4)
To qualify as a responsible vendor,
a spirits retail licensee must:
(a)
Post their responsible vendor program certificate for public viewing at the
main entrance of the premises;
(b)
Train each employee supervising or selling alcohol in responsible liquor sales.
Licensees may require employees to obtain a mandatory alcohol server training
permit from a board certified provider or train employees themselves using the
training criteria specified in subsection (5) of this section; and
(c) In an area visible to employees, post the
house policies on alcohol sales and checking identification. The licensee must
have each employee read and sign the house policies which must include at a
minimum:
(i) A list of acceptable forms of
identification which are accepted at the premises;
(ii) Directions for checking identification
for customers; and
(iii) The
consequences for selling spirits to a minor or apparently intoxicated
person.
(d) In an area
visible to patrons, post signs to deter illegal purchases of alcohol. Examples
of information include, it is illegal to purchase alcohol under twenty-one
years of age or while apparently intoxicated. Other information may include
acceptable forms of identification at the premises;
(e) Have an on-going training plan for
employees, to include annual training at a minimum. Examples of training
include computer based training, video training, classroom instruction, and
meetings. The training may be done individually or in a group. At a minimum,
training must cover the topics listed in subsection (5) of this section;
and
(f) Retain employee training
records and signed house policies for three years and must be able to present
employee training records upon request.
(5)
What are the program standards,
program content, and other requirements for the responsible vendor
program?
All training must include, at a minimum, the following:
(a) Guidelines for recognizing minors and
apparently intoxicated persons;
(b)
Forms of identification for purchasing alcohol;
(c) How to check identification and how to
recognize false or altered identification;
(d) A requirement to check identification in
accordance with house policies;
(e)
Recommended actions for refusing sales of alcohol to minors or apparently
intoxicated persons;
(f) A review
of the consequences for selling to minors, and the importance of not selling
alcohol to minors or apparently intoxicated persons;
(g) A review of house policies on alcohol
sales. Each licensee must ensure that his/her employees receive training that
covers the licensee's own house policies; and
(h) The standards and requirements for the
mandatory alcohol server training stipulated in WAC
314-17-060 are deemed sufficient
for employee's initial training for the responsible vendor training.
(6)
What are the sanctions
when a licensee violates liquor laws or regulations? For violations, as
outlined in WAC
314-29-020 through
314-29-040, involving the sales
of spirits, the prescribed penalty is doubled. If a licensee has a certified
responsible vendor program having all program standards in place, the board
will impose the standard penalty detailed in WAC
314-29-020 through
314-29-040 for that violation.
Any subsequent violation involving spirits within any period of twelve calendar
months will be double the standard penalties. Regardless of the type of alcohol
sold; beer, wine, or spirits, WAC
314-29-020 through
314-29-040 are
applicable.
Statutory Authority:
RCW
66.08.030,
66.24.630. 12-11-008, §
314-02-108, filed 5/3/12, effective
6/3/12.