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Thursday, September 8, 2011

WSLCB to Review Rule Prohibiting Entertainers From Drinking While Performing

Posted by on Thu, Sep 8, 2011 at 9:01 AM

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 314-11-015

What 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 8/24/11

314-11-015
(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.]

 

Comments (21) RSS

Oldest First Unregistered On Registered On Add a comment
Ziggity 1
I guess WSLCB didn't go to the Guided by Voices show at the Showbox Sodo last year.
Posted by Ziggity on September 8, 2011 at 9:07 AM
2
You can smell the panic.
Posted by Alcoholic Socialism on September 8, 2011 at 9:13 AM
3
The proposed rule doesn't actually change the prohibition on drinking while "performing", but I suppose the generous souls at WSLCB are expecting us to all be oh so grateful they are now proposing us to be allowed to drink between sets.

Fucking bullshit, still....

Posted by Mr. X on September 8, 2011 at 9:41 AM
Joe M 4
Jake: Bob, about our money for tonight.
Bob: That's right. Uh $200, and you boys drank $300 worth of beer.
Elwood: Uh, well, like, when we first come in the bar lady never charged us for the first round so like we figured you know beer was like complimentary for the band.
Posted by Joe M on September 8, 2011 at 9:48 AM
5
Link needs fixin', Grant. Thank you.
Posted by kerri harrop http://generalbonkers.com on September 8, 2011 at 9:51 AM
Josh Bis 6
This rule is completely ridiculous and should probably be overturned, yet going an hour without drinking hardly seems catastrophic.
Posted by Josh Bis http://www.thestranger.com/seattle/Author.html?oid=3815563 on September 8, 2011 at 9:53 AM
7
Mr. X, only the underlined text in the pdf is the changed bit. The proposed change reads:

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.

And no, I don't know what MAST servers are, but whatever.
Posted by Levislade http://ballofwax.org on September 8, 2011 at 10:02 AM
Joe Szilagyi 8
Wait, what? This is a real law?

People drink all the time on stage.
Posted by Joe Szilagyi http://twitter.com/joeszi on September 8, 2011 at 10:09 AM
tallchris 9
@6: The worst thing about the rule is that venues can and have been fined for this.

If the WSLCB considers me an employee of the venue while I'm playing on stage, then myself and the other folks in my band should be getting paid minimum wage while we set up, play, and tear down. It would probably be more money than my bands have made at quite a few shows.
Posted by tallchris http://policeteeth.bandcamp.com on September 8, 2011 at 10:57 AM
10
@3: The proposed rule change says the following:

(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:

How is that not a change in the current policy? See the "except that" followed by "(i) Entertainers....may drink while performing......"

Yes there are still some conditions on musician drinking, but this is an end to the blanket prohibition, and the conditions don't seem particularly unreasonable.

Or am I missing something?
Posted by j-lon on September 8, 2011 at 11:07 AM
11
Grant: Maybe you could go into the text you have quoted from with the entire rule in it and underline the part that is being changed, so people can see the new language in the context of the whole rule.
Posted by j-lon on September 8, 2011 at 11:10 AM
Grant Brissey, Emeritus 12
It's at the bottom of the post and now in this comment:

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.
Posted by Grant Brissey, Emeritus http://www.grantropolis.com/ on September 8, 2011 at 11:18 AM
13
Maybe you should have given credit to the guy Chris who started the ball rolling
Posted by 2 block hack alert on September 8, 2011 at 12:02 PM
14
Bar entertainers are not employees, period. If they are, the IRS might want to know about all the income tax and social security they should have withheld from my $12-per-show for the last 20 years.
Posted by pox on September 8, 2011 at 12:03 PM
potatoesobrien 15
@6 Josh - catastrophic, no, but man, I miss being able to do it. It's just such a lame law.

@7 Levi - MAST = Mandatory Alcohol Server Training. ("MAST permit holder" would make more sense.) Basically someone who has a liquor card, which in theory should be any employee who serves booze in a bar or restaurant.

Posted by potatoesobrien http://kuddlykittenz.tumblr.com on September 8, 2011 at 1:35 PM
16
There's the law, and then there's interpretation... Last winter I worked a Seattle club that posted copious warnings all around the backstage areas BANNING ALL ALCOHOL CONSUMPTION by "employees," anywhere on the premises. The club owners/management apparently read the law (their lawyer likely helped with the bigger words), and they flat freaked out. Say what you will about consumption by musicians and entertainers in general, but for many of us it is ritual (and beneficial!) to relieve pre-show jitters with a beer or a quick shot prior to going on. Also, there is very little risk associated with artists having a beer or two onstage during a 90min+ set. I could never figure out who this law was intended to protect. Relaxing it seems entirely reasonable to me; removing it entirely would be better still...
Posted by CircleS on September 8, 2011 at 1:54 PM
17
@7,

It says exactly what I said it did - re-read section E) - "No alcohol may be consumed by any entertainer while performing."

In other words, you can't drink while on stage. Fuck that shit.
Posted by Mr. X on September 8, 2011 at 3:13 PM
SchmuckyTheCat 18
People who are "in a band" and get free beer for playing is one thing. This rule deeply affects major artists, who often have a standard contract specifying what kind of alcoholic beverages will be provided onstage.
Posted by SchmuckyTheCat on September 8, 2011 at 3:45 PM
Grant Brissey, Emeritus 19
@ Mr. X: Wrong. Let's quote the whole section E: "(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 8/24/11"
Posted by Grant Brissey, Emeritus http://www.grantropolis.com/ on September 8, 2011 at 4:33 PM
20
How is that different from what I said? The new language reads"...no alcohol may be consumed by any entertainer while performing." That's the proposed change - the only difference between the proposal as it is now and the current rule is that I'd at least be able to have a beer between sets.

Does the new rule say what it says or not?
Posted by Mr. X on September 8, 2011 at 6:24 PM
21
OK, I'm dumb. The key is the "or". I stand corrected.

Posted by Mr. X on September 8, 2011 at 6:25 PM

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