wa-law.org > bill > 2023-24 > SB 5448 > Substitute Bill
(1) The board must implement the provisions of this section as expeditiously as possible. Liquor licensees may conduct activities authorized under this section before completion by the board of actions the board plans to take in order to implement this act, such as adoption of rules or completion of information system changes necessary to allow licensees to apply for required endorsements. However, licensees must comply with board rules when they take effect.
In this title, unless the context otherwise requires:
(1)(a) There is an alcohol server permit, known as a class 12 permit, for a:
The board shall regulate a required alcohol server education program that includes:
Development of the curriculum and materials for the education program;
Examination and examination procedures;
Certification procedures, enforcement policies, and penalties for education program instructors and providers; and
The curriculum for an approved class 12 alcohol permit training program that includes but is not limited to the following subjects:
The physiological effects of alcohol including the effects of alcohol in combination with drugs;
Liability and legal information;
Driving while intoxicated;
Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer, and alternative means of transportation to get the customer safely home;
Methods for checking proper identification of customers;
Nationally recognized programs, such as TAM (Techniques in Alcohol Management) and TIPS (Training for Intervention Programs) modified to include Washington laws and rules; and
Best practices for delivery of alcohol for a course approved for a person whose duties include the delivery of alcohol authorized under section 1 (as codified under section 8 of this act) or 5 of this act.
The board shall provide the program through liquor licensee associations, independent contractors, private persons, private or public schools certified by the board, or any combination of such providers.
Each training entity shall provide a class 12 permit to the manager , bartender, or delivery employee who has successfully completed a course the board has certified. A list of the individuals receiving the class 12 permit shall be forwarded to the board on the completion of each course given by the training entity.
After January 1, 1997, the board shall require all alcohol servers applying for a class 13 alcohol server permit to view a video training session. Retail liquor licensees shall fully compensate employees for the time spent participating in this training session.
When requested by a retail liquor licensee, the board shall provide copies of videotaped training programs that have been produced by private vendors and make them available for a nominal fee to cover the cost of purchasing and shipment, with the fees being deposited in the liquor revolving fund for distribution to the board as needed.
Each training entity may provide the board with a video program of not less than one hour that covers the subjects in subsection (1)(d)(i) through (v) of this section that will be made available to a licensee for the training of a class 13 alcohol server.
Applicants shall be given a class 13 permit upon the successful completion of the program.
A list of the individuals receiving the class 13 permit shall be forwarded to the board on the completion of each video training program.
The board shall develop a model permit for the class 12 and 13 permits. The board may provide such permits to training entities or licensees for a nominal cost to cover production.
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Persons who have completed a nationally recognized alcohol management or intervention program since July 1, 1993, may be issued a class 12 or 13 permit upon providing proof of completion of such training to the board.
Persons who completed the board's alcohol server training program after July 1, 1993, but before July 1, 1995, may be issued a class 13 permit upon providing proof of completion of such training to the board.
The board must create an alcohol delivery endorsement to the beer and wine restaurant license; spirits, beer, and wine restaurant license; tavern license; domestic winery license; domestic brewery license; microbrewery license; distillery license; and craft distillery license. Delivery services conducted by beer and wine restaurant licensees and spirits, beer, and wine restaurant licensees must be accompanied by a purchased meal prepared and sold by the license holder.
Alcohol delivery may be performed by employees of an alcohol delivery endorsement holder if the employees:
Are at least 21 years of age or older; and
Possess a class 12 permit, in accordance with RCW 66.20.310.
The cost of an alcohol delivery endorsement is $50.
Except as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210. However, the board shall reserve from distribution such amount not exceeding $500,000 as may be necessary for the proper administration of this title.
All license fees, penalties, and forfeitures derived under chapter 13, Laws of 1935 from spirits, beer, and wine restaurant; spirits, beer, and wine private club; hotel; spirits, beer, and wine nightclub; spirits, beer, and wine VIP airport lounge; and sports entertainment facility licenses shall every three months be disbursed by the board as follows:
$300,000 per biennium, to the death investigations account for the state toxicology program pursuant to RCW 68.50.107; and
Of the remaining funds:
6.06 percent to the University of Washington and 4.04 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research; and
89.9 percent to the general fund to be used by the health care authority solely to carry out the purposes of RCW 71.24.535;
The first $55 per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of $150,000 annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;
Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360, shall be transferred to the general fund to be used by the health care authority solely to carry out the purposes of RCW 71.24.535;
One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068. The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for; and
All additional fees collected under RCW 66.20.310 (2)(f) must be transferred to the general fund for use by the health care authority or the department of health for substance abuse prevention, education, and treatment services.
Retailers may sell liquor as defined in RCW 66.04.010 through self-checkout registers if that register is programmed to halt that transaction during the purchase of liquor until an employee of the retailer intervenes and verifies the age of the purchaser by reviewing established forms of acceptable identification. Once age is successfully verified, the employee can release the transaction for payment. If the purchaser cannot provide acceptable forms of identification to verify age, the employee must refuse the purchase and void the transaction.
Section 1 of this act is codified as a new section in chapter 66.24 RCW.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.