Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                       ENGROSSED SENATE BILL 5816
                       Chapter 265, Laws of 2024
                               68th Legislature
                             2024 Regular Session
 ALCOHOL SERVER PERMITS—DISQUALIFICATION FOR FELONY CONVICTION
                      EFFECTIVE DATE: June 6, 2024
Passed by the Senate February 9, 2024                CERTIFICATE
  Yeas 49 Nays 0
                                        I, Sarah Bannister, Secretary of
                                        the   Senate   of   the   State  of
              DENNY HECK                Washington, do hereby certify that
President of the Senate                 the attached is ENGROSSED SENATE
                                        BILL 5816 as passed by the Senate
                                        and the House of Representatives on
                                        the dates hereon set forth.
Passed by the House March 1, 2024
  Yeas 96 Nays 0
                                                  SARAH BANNISTER
            LAURIE JINKINS                                           Secretary
Speaker of the House of
Representatives
Approved March 26, 2024 9:32 AM                         FILED
                                                    March 27, 2024
                                                Secretary of State
              JAY INSLEE                        State of Washington
Governor of the State of Washington
                             ENGROSSED SENATE BILL 5816
                   Passed Legislature - 2024 Regular Session
     State of Washington          68th Legislature          2024 Regular Session
     By Senators Van De Wege, Trudeau, Mullet, and Nguyen
     Prefiled 12/08/23. Read first time 01/08/24.         Referred to Committee
     on Labor & Commerce.
 1       AN ACT   Relating   to   alcohol   server   permits;   and   amending   RCW
 2   66.20.310.
 3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
 4       Sec. 1.   RCW 66.20.310 and 2023 c 279 s 3 are each amended to
 5   read as follows:
 6       (1)(a) There is an alcohol server permit, known as a class 12
 7   permit, for:
 8       (i) A manager;
 9       (ii) A bartender selling or mixing alcohol, spirits, wines, or
10   beer for consumption at an on-premises licensed facility; or
11       (iii) An employee conducting alcohol deliveries for a licensee
12   that delivers alcohol under RCW 66.24.710.
13       (b) There is an alcohol server permit, known as a class 13
14   permit, for a person who only serves alcohol, spirits, wines, or beer
15   for consumption at an on-premises licensed facility.
16       (c) As provided by rule by the board, a class 13 permit holder
17   may be allowed to act as a bartender without holding a class 12
18   permit.
19       (2)(a) Effective January 1, 1997, except as provided in (d) of
20   this subsection, every alcohol server employed, under contract or
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 1   otherwise, at a retail licensed premise must be issued a class 12 or
 2   class 13 permit.
 3       (b) Every class 12 and class 13 permit issued must be issued in
 4   the name of the applicant and no other person may use the permit of
 5   another permit holder. The holder must present the permit upon
 6   request to inspection by a representative of the board or a peace
 7   officer. The class 12 or class 13 permit is valid for employment at
 8   any retail licensed premises described in (a) of this subsection.
 9       (c) Except as provided in (d) of this subsection, no licensee
10   holding a license as authorized by this section and RCW 66.20.300,
11   66.24.320, 66.24.330, 66.24.350, 66.24.400, 66.24.425, 66.24.690,
12   66.24.450, 66.24.570, 66.24.600, 66.24.610, 66.24.650, 66.24.655, and
13   66.24.680 may employ or accept the services of any person without the
14   person first having a valid class 12 or class 13 permit.
15       (d) Within sixty days of initial employment, every person whose
16   duties include the compounding, sale, service, or handling of liquor
17   must have a class 12 or class 13 permit.
18       (e) No person may perform duties that include the sale or service
19   of alcoholic beverages on a retail licensed premises without
20   possessing a valid alcohol server permit.
21       (f) Every person whose duties include the delivery of alcohol
22   authorized under RCW 66.24.710 must have a class 12 permit before
23   engaging in alcohol delivery. A delivery employee whose duties
24   include the delivery of alcohol authorized under RCW 66.24.710 must
25   complete an approved class 12 permit course that includes a
26   curriculum component that covers best practices for delivery of
27   alcohol.
28       (3) A permit issued by a training entity under this section is
29   valid for employment at any retail licensed premises described in
30   subsection (2)(a) of this section for a period of five years unless
31   suspended by the board.
32       (4) The board may suspend or revoke an existing permit if any of
33   the following occur:
34       (a) The applicant or permittee has been convicted of violating
35   any of the state or local intoxicating liquor laws of this state
36   ((or)), has been convicted at any time of a felony under chapter
37   9A.40, 9A.44, 9A.46, 9A.86, or 9A.88 RCW, or a felony that is
38   directly related to alcohol service; or
39       (b) The permittee has performed or permitted any act that
40   constitutes a violation of this title or of any rule of the board.
                                     p. 2                      ESB 5816.SL
 1       (5) The suspension or revocation of a permit under this section
 2   does not relieve a licensee from responsibility for any act of the
 3   employee or agent while employed upon the retail licensed premises.
 4   The board may, as appropriate, revoke or suspend either the permit of
 5   the employee who committed the violation or the license of the
 6   licensee upon whose premises the violation occurred, or both the
 7   permit and the license.
 8       (6)(a) After January 1, 1997, it is a violation of this title for
 9   any retail licensee or agent of a retail licensee as described in
10   subsection (2)(a) of this section to employ in the sale or service of
11   alcoholic beverages, any person who does not have a valid alcohol
12   server permit or whose permit has been revoked, suspended, or denied.
13       (b) It is a violation of this title for a person whose alcohol
14   server permit has been denied, suspended, or revoked to accept
15   employment in the sale or service of alcoholic beverages.
16       (7) Grocery stores licensed under RCW 66.24.360, the primary
17   commercial activity of which is the sale of grocery products and for
18   which the sale and service of beer and wine for on-premises
19   consumption with food is incidental to the primary business, and
20   employees of such establishments, are exempt from RCW 66.20.300
21   through 66.20.350, except for employees whose duties include serving
22   during tasting activities under RCW 66.24.363.
         Passed by the Senate February 9, 2024.
         Passed by the House March 1, 2024.
         Approved by the Governor March 26, 2024.
         Filed in Office of Secretary of State March 27, 2024.
                                  --- END ---
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Statutes affected: 
Original Bill: 66.20.310
Engrossed Bill: 66.20.310
Bill as Passed Legislature: 66.20.310
Session Law: 66.20.310