That's right. It's the most common complaint you hear from touring musicians about Seattle (or anywhere in the state): No drinking on stage. Thanks to a petition sent to WSLCB by a "liquor licensee," they'll now review that rule.
It's a rare concession from the WSLCB, who may finally be growing wary of myriad government entities crumbling around them—not wanting to stick their head out for fear they'll be the next ones to get thrown on the chopping block. How times have changed since Operation Sobering Thought and Tom Carr. (How ya doin', Boulder?) Anyway, if you want to weigh in:
You may attend the public hearing listed below, or forward your comments to the
Board by mail, e-mail, or fax by October 12, 2011.
By mail: Rules Coordinator By e-mail: By fax:
Liquor Control Board rules@liq.wa.gov 360-360-664-9689
P.O. Box 43080
Olympia, WA 98504-3080
Public October 12, 2011
Hearing: 10:00 a.m.
Washington State Liquor Control Board – Board Room
3000 Pacific Ave. S.E, Olympia, WA
Public October 12, 2011
Hearing: 10:00 a.m.
Washington State Liquor Control Board – Board Room
Here is the jist:
(i) Entertainers per WAC 314-02-010 may drink while
performing under the following conditions:
(A) Alcohol service must be monitored by MAST servers;
(B) Drinks must be served in nondescript containers;
(C) Entertainers may not advertise any alcohol brands or products;
(D) Entertainers may not promote drink specials; and
(E) All entertainers performing as a group must be twenty-one years of age or older or no alcohol may be consumed by any entertainer while performing.
Full notice after the cut.
h/t: Tall Chris!
NOTICE OF RULE MAKING – Pre-proposal #11-06
The Washington State Liquor Control Board would like your input on the attached
proposed rule allowing entertainers to drink while performing in the state of
Washington.This notice contains a summary of changes being proposed as well as the actual
text of the proposed rule. You can provide input by submitting written comments or
by participating in the public hearing (see below).
This rule making is filed with the Office of the Code Reviser in the Washington State
Register number # 11-17-142.Why is rule making necessary?
A liquor licensee sent a petition to the board requesting a change to WAC 314-11-
015 to allow entertainers to drink while they are performing at a liquor licensed
premises. The rule prohibited any licensee or employee consuming liquor of any
kind while working on the licensed premises, and entertainers are considered
employees.The Liquor Control Board encourages you to give input on the rule to allow entertainers to drink while performing. The agency will send out and publish the proposed rule and will hold at least one public hearing before rules are adopted. This notice can be found at http://www.liq.wa.gov/laws/laws-and-rules under
Proposed Rules. The text of the rule is attached.
AMENDATORY SECTION (Amending WSR 10-01-090, filed 12/16/09,
effective 1/16/10)
WAC 314-11-015What are my responsibilities as a liquor licensee?
(1)(a) Liquor licensees are responsible for the operation of their licensed premises in compliance with the liquor laws and rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed or permitted by employees will be treated by the board as violations committed or permitted by the licensee.
(b) The penalties for violations of liquor laws or rules are in: WAC 314-29-015 through 314-29-035, as now or hereafter amended, for licensees; and WAC 314-17-105 and 314-17-110, as now or hereafter amended, for employees who hold mandatory alcohol server training permits. These rules also outline aggravating and mitigating circumstances that may affect what penalty is applied if a licensee or employee violates a liquor law or rule.
(2) Licensees and their employees also have the responsibility to conduct the licensed premises in compliance with the following laws, as they now exist or may later be amended:
π Titles 9 and 9A RCW, the criminal code laws;CR 102 – Notice to Stakeholders 8/24/11
314-11-015
π Title 69 RCW, which outlines the laws regarding controlled substances; and
π Titles 70.155, 82.24 RCW, and RCW 26.28.080 which outline laws regarding tobacco.(3) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the
premises at all times. Except as otherwise provided by law, licensees or employees may not:(a) Be disorderly or apparently intoxicated on the licensed premises;
(b) Permit any disorderly person to remain on the
licensed premises;
(c) Engage in or allow behavior that provokes conduct
which presents a threat to public safety;
(d) Consume liquor of any kind while working on the
licensed premises; except that:
(i) Entertainers per WAC 314-02-010 may drink while
performing under the following conditions:
(A) Alcohol service must be monitored by MAST servers;
(B) Drinks must be served in nondescript containers;
(C) Entertainers may not advertise any alcohol brands or
products;
(D) Entertainers may not promote drink specials; and
(E) All entertainers performing as a group must be twenty-one years of age or older or no alcohol may be consumed by any entertainer while performing.CR 102 – Notice to Stakeholders 8/24/11314-11-015
(ii) Licensed beer manufacturers and their employees may
sample beer of their own manufacture for manufacturing,
evaluating or pricing product in areas where the public is not
served, so long as the licensee or employee does not become
apparently intoxicated;
(((ii))) (iii) Licensed wine manufacturers and their
employees may:
(A) Sample wine for manufacturing, evaluating, or pricing
product, so long as the licensee or employee does not become
apparently intoxicated; and the licensee or employee who is
sampling for these purposes is not also engaged in serving
alcohol to the public; and
(B) Sample wine of their own manufacture for quality
control or consumer education purposes, so long as the
licensee or employee does not become apparently intoxicated.
(e) Engage in, or permit any employee or other person to
engage in, conduct on the licensed premises which is
prohibited by any portion of Titles 9, 9A, or 69 RCW; or
(f) Sell or serve liquor by means of "drive-in" or by
"curb service."
(4) Licensees have the responsibility to control the
interaction between the licensee or employee and their
patrons. At a minimum, licensees or employees may not:
(a) Solicit any patron to purchase any beverage for the
licensee or employee, or allow a person to remain on the
premises for such purpose;CR 102 – Notice to Stakeholders 8/24/11
314-11-015
(b) Spend time or dance with, or permit any person to spend time or dance with, any patron for direct or indirect compensation by a patron.
(c) See WAC 314-11-050 for further guidelines on
prohibited conduct.
[Statutory Authority: RCW 66.08.030 and 66.28.320. 10-01-
090, § 314-11-015, filed 12/16/09, effective 1/16/10.
Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010,
66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.291],
66.44.310. 04-15-162, § 314-11-015, filed 7/21/04, effective
8/21/04. Statutory Authority: RCW 66.08.030, 66.28.100,
66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200,
66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316,
66.44.318, 66.44.340, and 66.44.350. 02-11-054, § 314-11-015,
filed 5/9/02, effective 6/9/02. Statutory Authority: RCW
66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010,
66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292,
66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and
chapter 66.44 RCW. 01-06-014, § 314-11-015, filed 2/26/01,
effective 3/29/01.]
