Wash. Admin. Code § 314-29-038

Current through Register Vol. 24-23, December 1, 2024
Section 314-29-038 - Group 5 public safety violations for sports entertainment facility licenses

Sports entertainment facility licenses are unique and different from other on-premises licenses since they are not open on a daily basis, but rather for specific events. Public safety violations are considered the most serious because they present a direct threat to public safety. All other violations and penalties are the same for sports entertainment facility licensees as other liquor licenses.

(1) General public safety violation penalties.

Violation Type

1st Violation

2nd Violation in a two-year window

3rd Violation in a two-year window

4th and Subsequent violation in a two-year window

Violations involving minors:

Sale or service to minors outside of WAC 314-29-038(c):

Sale or service of alcohol to a person under 21 years of age.

Minor frequenting a restricted area.

RCW 66.44.270

RCW 66.44.310

WAC 314-11-020

WAC 314-16-150

Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine

Penalty to be determined by the board, including possible cancellation of license

Sale or service to an apparently intoxicated person:

Sale or service of alcohol to, or permitting consumption or possession by, an apparently intoxicated person.

RCW 66.44.200

WAC 314-16-150

Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine

Penalty to be determined by the board, including possible cancellation of license

Conduct violations: Disorderly conduct by licensee or employee, or permitting on premises.

Licensee and/or employee

intoxicated on the licensed premises and/or drinking on duty.

Criminal conduct: Permitting or engaging in criminal conduct.

WAC 314-11-015

Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine

Penalty to be determined by the board, including possible cancellation of license

Refusal to allow an inspection and/or obstructing a law enforcement officer from performing their official duties.

RCW 66.28.090RCW 66.44.370

WAC 314-11-090

Monetary penalty will be based on ticket sales to the event, and calculated at $0.10 per ticket sold, with a mandatory minimum of $2,500 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $0.50 per ticket sold, with a mandatory minimum of $7,000 fine

Monetary penalty will be based on ticket sales to the event, and calculated at $1.25 per ticket sold, with a mandatory minimum of $45,000 fine

Penalty to be determined by the board, including possible cancellation of license

(2) If documented ticket sales for an event are unavailable, in order to assess penalties set forth in this section, the facility maximum occupancy will be used for the penalty assessment.
(3) WSLCB youth access compliance checks, in accordance with chapter 314-31 WAC.

License Class

Compliance Threshold

1st Violation

2nd Violation

3rd Violation

4th Violation

Sports and entertainment facility

Events: 1 to 20 points of sale (1st incident/sale to minor to be a violation/ compliance failure)

$1000 x I*

$10,000 x I*

$25,000 x I*

Penalty to be determined by the board, including possible cancellation of license

Sports and entertainment facility

Events: 21 to 45 points of sale (2nd incident/sale to minor to be a violation/ compliance failure)

$1000 x I*

$10,000 x I*

$25,000 x I*

Penalty to be determined by the board, including possible cancellation of license

Sports and entertainment facility

Events: 45 or more points of sale (3rd incident/sale to minor to be a violation/ compliance failure)

$1000 x I*

$10,000 x I*

$25,000 x I*

Penalty to be determined by the board, including possible cancellation of license

* "I" signifies the total cumulative incidents of sales to underage person during an alcohol compliance check.

A point of sale is defined as each different concession stand, or service area (such as a lounge), not each individual cash register.

Wash. Admin. Code § 314-29-038

Adopted by WSR 16-19-106, Filed 9/21/2016, effective 10/22/2016
Amended by WSR 24-13-096, Filed 6/18/2024, effective 7/19/2024