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WAC 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.
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.
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.
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
Lewd conduct:
Engaging in or permitting conduct in violation of WAC 314-11-050.
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.
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.
[Statutory Authority: RCW 66.08.030 and chapter 66.44 RCW. WSR 16-19-106, § 314-29-038, filed 9/21/16, effective 10/22/16.]
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