In 2023, the legislature allowed for the delivery and takeout of alcohol by on-premises licensees as well as the delivery of growlers by off-premises licensees and manufacturers. Businesses were able to request a temporary endorsement to allow for these activities.
Delivery of alcohol under these endorsements are allowed through Jul. 1, 2025. With the expiration date soon approaching, delivery of alcohol will no longer be allowed under these endorsements after Jul. 1, 2025. Takeout services do not expire and will continue to be allowed.
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The decision not to serve a customer who is apparently under the influence could not only save a liquor license, but it could also save someone’s life. Knowing the signs of intoxication is a must for licensees and their employees. It is illegal to serve or sell alcohol to anyone who appears to be intoxicated or “apparently under the influence” (RCW 66.44.200).
What are the common signs of intoxication?
Lack of physical coordination
Spilling drinks
Loss of muscle control
Missing mouth when raising the glass to drink
Inability to focus — squinting
Carelessness or clumsiness with money, credit cards, keys or electronic devices
Dropping or fumbling with personal items
Trouble picking up money or getting their wallet out
Dexterity problems with cell phone
Unsteady walking
Watch for customers who are bumping into furniture or other customers
Staggering when walking to and from the restrooms
Swaying while standing
Behavior changes
Becoming loud with customers or their phone
Inconsiderate of others while on their cell phone
Becoming aggressive or annoying with other customers
Swearing
Complaining about service quality or price of drinks
Becoming overly friendly
Buying rounds of drinks for strangers
Losing concentration and train of thought
Avoiding eye contact
Bobbing head or eyelids drooping
Relaxed inhibitions
Impaired judgment
Slowed reaction time or deliberate movements
Disorderly behavior
Speech patterns
Slurred words
Loud talking
Fumbling over words
Incoherent train of thought
Other Considerations
If a customer appears to explain a warning sign for possible intoxication, such as unsteady walking because of leg braces, look for additional signs that may signal intoxication. Since some characteristics of certain disabilities may mimic signs of intoxication, only through diligent communication can you assure that individuals with disabilities are treated fairly. Do not be afraid to ask questions.
DUI Place of Last Drink Program
In Washington State, law enforcement captures data from the DUI processing questionnaire regarding the place a DUI suspect may have consumed their last drink. LCB gets this data monthly from Washington State Patrol. Be aware that if a person involved in a DUI traffic stop identifies your business as their place of last drink, it may affect your license. It benefits licensees to help identify intoxication and eliminate over-service situations to prevent dangerous situations on our roads.
Alternate Transportation
It is much easier in the common era to arrange alternative transportation. If a guest has been drinking somewhere else, or has mixed their alcohol with other intoxicating substances, you can inadvertently find yourself with a drunk guest, who is not safe to drive. That is why Mandatory Alcohol Server Training has been enacted in Washington State. It aims to educate the folks actually serving the alcohol. Servers with their MAST cards, their MAST permits, understand their important role in keeping their communities safe. There is a ripple effect from establishment, to server, to community.
Thankfully, you have choices if a guest has become too intoxicated to safely drive. If they become upset at this –they have already been drinking too much.
Call them an Lyft or uber
Call a friend or family member
Also, please remember, if they get upset that day, when they return for their vehicle, they will be very thankful. Some servers have even been given flowers the next day by a grateful guest who has impaired judgment. That is, they were too drunk to know they were too drunk to drive
In Closing
Remember, alcohol affects everyone differently. A person’s level of intoxication may depend on how fast the person is drinking, the amount of food consumed, and other factors. Trust your judgement and lean on other servers or managers if you are uncertain. When in doubt, do not serve. Overserving someone showing signs of intoxication can be detrimental to both the business and public safety.
You’re not in this alone. There are resources available on the LCB website, and licensees are encouraged to contact and talk to their local LCB Enforcement Officer, who can provide education and offer over-service training to licensees and staff upon request.
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Indoor areas restricted to minors may use demarcations or 42-inch barriers between dedicated dining areas and areas classified as off-limits to minors. Demarcations must be at least six inches wide and no more than 10 feet apart and cannot include tape, paint, or stickers. Examples of allowable demarcations include:
Visibly different and contrasting flooring
Steps or ramps up or down
Walls, half-walls, or 42-inch barriers
Stationary planters
Floor lighting or beacons
Permanent stanchions, pillars, posts
Outdoor Alcohol Service on Privately Owned Spaces
When serving alcohol on privately owned space outdoors, these areas must be enclosed by a permanent or movable barrier a minimum of 42 inches tall, with openings no more than 10 feet wide on each side. Examples include stations, portable barriers, and outdoor fencing.
Outdoor Alcohol Service on Publicly Owned Spaces
When serving alcohol on publicly owned property that is contiguous to the licensed premises, fence-free demarcations may be used. They must be at least six inches wide and no more than 10 feet apart, and cannot include tape, paint, or stickers. Allowable examples include:
Turtle bumps
Planter boxes
Pillars or posts
For more information on outside seating please see WAC 314–03–200.
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Examples of indoor area demarcations at liquor-licensed locations
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Examples of demarcations for outdoor areas/patios at liquor-licensed locations
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Mar. 12 at 5 p.m. was the last day for the Washington State Legislature to consider bills in their house of origin. Prior to this cutoff, LCB’s agency request legislation bill, House Bill 1698, passed the house with 95 yeas, 0 nays, 0 absent, and 3 excused.
In short, HB 1698, an act relating to updating liquor permit and licensing provisions, makes changes to definitions under the alcohol server permit statutes clarifying that all persons selling and serving alcohol for on-premises consumption at a licensed facility need to get an alcohol server permit. It also eliminates a special liquor permit and the public house liquor license, both no longer used by licensees. This bill has now been referred to the Senate’s Labor & Commerce Committee.
The policy committees in the opposite house now have until Apr. 2, 2025, to review, hear, modify, and move bills.
For more information, go to the Washington Legislature website here. You can browse bills by topic here.
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Washington State Patrol (WSP) provides LCB with data on impaired driving from their Breath Test Program. The LCB uses this information to educate license holders about potential over service. This is particularly helpful when a business has been named as the location of the last drink for multiple arrests of those caught driving above the .08% Blood Alcohol Concentration (BAC) limit.
Between Jan. 1 and Dec. 9, 2024, LCB received over 14,600 DUI reports from WSP’s Breath Test Program. Data show that:
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The average BAC was 0.15%. That’s nearly double the legal driving limit of 0.08%!
The majority were male.
The average was 35 years old.
About 27% of cases involved a collision.
Data from 2024 show that on average LCB gets information from about 1,300 DUI arrests using the Breath Test Program every month. Once LCB gets this information, our Enforcement and Education Division works with licensees to make sure that customers showing signs of intoxication, regardless of their BAC level, are not being served alcohol. To learn more about identifying signs of intoxication, visit our web page here.
A special thanks to those from LCB Enforcement and Education and Washington State Patrol for help with this article.
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A Mandatory Alcohol Server Training (MAST) permit is required for any person who:
Serves, mixes, sells, or supervises the sale of alcohol at an on-premises licensed location.
Conducts alcohol tastings at other licensed locations (grocery stores, beer and wine specialty shops, wineries, breweries, distilleries) and farmers markets.
Fills growlers or containers at grocery stores.
When do employees need their MAST permit?
A MAST permit is required within 60 days of the initial hire for servers, bartenders and managers working at on-premises liquor-licensed establishments. If they are conducting alcohol tastings, they must hold a Class 12 permit and be able to present it upon inspection. There is no 60-day ‘grace period’ for conducting alcohol tastings.
Employees must have their MAST permit and a valid form of ID readily available for inspection by law enforcement any time the employee performs duties that include the sale, service, or handling of alcohol. You may ask your employee to provide a copy of their MAST permit, but it is the employee’s property, not the property of the employer. A MAST permit can be used at multiple places of employment or volunteer locations in Washington state.
If you have any questions about MAST permit requirements, please contact [email protected] or (360) 664–1727 or (360) 664–1728.
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Recognizing the signs of intoxication can be challenging but is necessary for both safer communities and for your customers. When in doubt, don’t serve alcohol.
The decision not to serve a customer who is apparently under the influence could not only save a liquor license, but it could also save someone’s life. Knowing the signs of intoxication is a must for licensees and their employees. It is illegal to serve or sell alcohol to anyone who appears to be intoxicated or “apparently under the influence” (RCW 66.44.200).
What are the common signs of intoxication?
Lack of physical coordination
Spilling drinks
Loss of muscle control
Missing mouth when raising the glass to drink
Inability to focus — squinting
Carelessness or clumsiness with money, credit cards, keys or electronic devices
Dropping or fumbling with personal items
Trouble picking up money or getting their wallet out
Dexterity problems with cell phone
Unsteady walking
Watch for customers who are bumping into furniture or other customers
Staggering when walking to and from the restrooms
Swaying while standing
Behavior changes
Becoming loud with customers or their phone
Inconsiderate of others while on their cell phone
Becoming aggressive or annoying with other customers
Swearing
Complaining about service quality or price of drinks
Becoming overly friendly
Buying rounds of drinks for strangers
Losing concentration and train of thought
Avoiding eye contact
Bobbing head or eyelids drooping
Relaxed inhibitions
Impaired judgment
Slowed reaction time or deliberate movements
Disorderly behavior
Speech patterns
Slurred words
Loud talking
Fumbling over words
Incoherent train of thought
Other Considerations
If a customer appears to explain a warning sign for possible intoxication, such as unsteady walking because of leg braces, look for additional signs that may signal intoxication. Since some characteristics of certain disabilities may mimic signs of intoxication, only through diligent communication can you assure that individuals with disabilities are treated fairly. Do not be afraid to ask questions.
DUI Place of Last Drink Program
In Washington State, law enforcement captures data from the DUI processing questionnaire regarding the place a DUI suspect may have consumed their last drink. LCB gets this data monthly from Washington State Patrol. Be aware that if a person involved in a DUI traffic stop identifies your business as their place of last drink, it may affect your license. It benefits licensees to help identify intoxication and eliminate over-service situations to prevent dangerous situations on our roads.
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Have you heard about our Responsible Vendor Program (RVP)?
The Responsible Vendor Program, also known as RVP, is a compliance program for grocery stores/beer and wine specialty shops selling alcohol for off-premises consumption. It is designed to encourage licensees to use specific best practices to prevent sales to minors. The RVP is a free, self-monitoring, voluntary program.
Are there benefits to participating in the RVP?
Absolutely! RVP members actively contribute to the public safety of their communities, and as a “thank you,” any participating retailer may be eligible for a reduced sanction from the LCB if charged with a public safety violation.
Spirits Retailer: the standard penalty will be assessed instead of a double penalty (once a year).
Beer/Wine Retailer: the option to take a deferment for a first time public safety violation (once in two years).
Retailers could also potentially increase their protection against civil actions in third-party liability lawsuits.
What do licensees have to do to before joining?
Establish and enforce “house policies” for alcohol sales, signed by all employees. Employees must also know the following:
— The acceptable forms of ID at your business.
— How to properly check ID.
— The consequences for selling alcohol to a minor, or an apparently intoxicated person.
Post the house policies in an area visible to all employees.
Post signs to deter the illegal purchase of alcohol by patrons.
Have an on-going employee training plan including:
— Responsible sales training before selling alcohol.
— Annual repetition of responsible sales training.
Maintain an alcohol sales management policy to promote best practices.
Keep training records for three years.
Once certified, post the member certification in an area that is highly visible to the public, such as the main entry.
How do I join?
If you have met the program requirements, please fill out the application found here, and submit all required documents. Upon review of the application and the required documents, LCB will either:
Send an RVP Approval Letter and Certificate if the application is complete and meets the program standards and requirements, or,
Explain to the licensee in what area(s) the application did not meet the program standards and requirements.
Please contact us at [email protected]or (360) 664–1727 if you have any questions or need help implementing the program.
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1. Between 1965 and 2022, cigarette use has decreased by 73%
The recognition of tobacco use as a health hazard, and subsequent decrease in use, is often credited as one of the 10 greatest public health achievements of the 20th century. Efforts such as anti-smoking campaigns, smoking bans, tobacco taxes, and cessation support have all contributed to this decrease.
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Cigarette Smoking in the U.S. by Age Group, 1965–2021. Source: American Lung Association
2. As of 2021,tobacco usein the U.S. remains the third leading risk factor for early death and disability
People with lower household income, lower education levels, and those who are male, Black, African American and/or multiracial experience the most disparities from tobacco use. These trends exist across the U.S. as well as in Washington and have been similar over time.
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Cigarette Smoking in the Past Month Among Adults Aged 18 or Older in the U.S. and Washington, 2002–2022. Source: National Survey on Drug Use and Health (NSDUH)
3. It is not just about cigarettes
E-cigarettes and smokeless tobacco are gaining popularity. In Washington, about 8% of individuals vape e-cigarettes and about 3% of individuals use smokeless tobacco. E-cigarettes have been shown to help with smoking cessation and may be less harmful than cigarettes; however, e-cigarettes are still linked to various health issues such as addiction and respiratory problems.
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Prevalence of Nicotine/Tobacco Use in Washington, 2022. Source: Washington State Department of Health
4. It is critical to prevent young people from using any type of nicotine products
Nicotine/tobacco use in adolescence has been linked to numerous harmful outcomes, such as inattention, impulsivity, psychosis, and increased risk of substance use and other mental health disorders.
Importantly, the use of cigarettes, smokeless tobacco, and e-cigarettes dropped substantially among adolescents during the COVID-19 pandemic.
However, as of 2023, about 2% of 10th graders in Washington smoke cigarettes, 3% use smokeless tobacco, and about 8% vape nicotine. That means four times as many adolescents vape nicotine compared to smoking cigarettes (8% vs. 2%).
Among adolescents, demographic groups at higher risk of tobacco use include those who identify as sexually or gender diverse, have one or more disabilities, or are part of a migratory working family.
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Current (30-day) Tobacco Product Use Among 10th Graders in Washington State, 2010–2023.* Source: Washington Healthy Youth Survey
*Trend lines are not continued after 2018 due to methodology changes related to the COVID-19 pandemic. The definition of “smokeless tobacco” was expanded in 2023 to include other smokeless nicotine products such as pouches, lozenges, gum, or toothpicks.
5. Continued focus on tobacco/nicotine prevention and reduction remain essential to public health efforts
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By Kristen Haley, LCB Public Health Education Liaison and Mark McKechnie, MSW, External Relations Director at the Washington Traffic Safety Commission
A key issue considered by the 2024 legislature was lowering the per se blood alcohol concentration (BAC) limit for DUI to 0.05. While unsuccessful this year, Gov. Inslee remains in support as it would make Washington State consistent with most countries and with the state of Utah, which is the first U.S. state to adopt 0.05. This is a public safety issue for Washington. In 2023, at least 400 people died in impaired-driving crashes. Alcohol is the most common drug, involved in about 60 percent of these crashes, followed by cannabis (delta-9 THC) at 34 percent.
So, what are the arguments for moving to .05 BAC?
1. More than 84 percent of the world’s population lives in countries that have blood alcohol concentration (BAC) limits for driving set at 0.05 percent or lower.
Countries with BAC limits of 0.05 have an average of about 11 percent fewer traffic fatalities resulting from alcohol-impaired driving.
2. Saving lives doesn’t mean that people have to stop drinking alcohol. It means that driving is separated from drinking.
People in Austria and Ireland drink more alcohol than Americans, yet they are less than one third as likely to die in a car crash. People in France, Germany, Portugal, and Spain also consume more alcohol per capita, but they are also less than half as likely as Americans to be killed on the road.
3. The National Highway Traffic Safety Administration (NHTSA) found a person is too impaired to drive at a 0.05 BAC or higher.
NHTSA found that,at the current BAC limit, 0.08, a driver is nearly four times more likely to be involved in a crash. At 0.07, the risk is more than triple. At 0.05, the crash risk is still double compared to a sober driver.
4.The primary impact of a lower BAC limit is that people are likely more aware of the risks which may make them more likely to plan ahead to get a safe ride home if they are out drinking.
This can include designating a sober driver, calling a taxi or rideshare, taking public transit, or staying overnight with a friend or in a hotel.
The Washington Traffic Safety Commission understands that you care about your customers. They invite you to learn more about impaired driving and the impact of 0.05 BAC at a webinar on August 12 from 9:30 to 11:00 a.m., which will also be recorded. Shortly after, you are invited to attend a virtual listening session on August 19, when you are free to drop in between 10 a.m. and 12 p.m. and share your thoughts.
Use this link to join the webinar on August 12 at 9:30 a.m.
Use this link to join the listening session on August 19 between 10 a.m. and 12 p.m.
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