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Rev. March 2012 Washington MAST Class 12/13 Permit Training

Washington MAST Class 12/13 Training Student Workbook

This workbook contains key information from the MAST course. Please print this workbook and take it with you for reference. Below are important Laws and Regulations in Washington, as well as keys to recognizing and preventing sales of alcoholic beverages to minors and intoxicated individuals.

Table of Contents: Alcohol Server Training Law

MAST Background MAST Permit Important Facts Areas off limits to persons under 21 Age of employees and exceptions Hours of liquor service Prohibited Conduct by Employees and Patrons Required Signs Minimum Lighting requirements Criminal Citations to servers/possible fines Child Support Consideration Administrative actions against servers Monetary Penalties/Suspensions for licensees

Physiological Effects of Alcoholic Beverages

Alcohol Absorption Blood Alcohol Concentration (BAC) Absorption Triggers Trigger 1: Amount of Consumption Trigger 2: Speed of Consumption Trigger 3: Food Consumption Trigger 4: Metabolic Rate Other Triggers Common Diseases and Disorders FAS and FAE Alcohol and Drugs Alcohol Consumption Myths

Washington State Law

Third Party Liability Law Third Party Liability Law & Minors Minors Drinking and Driving DUI in Washington BAC and Implied Consent Designated Driver Programs Handling Aggressive Customers

Checking ID

ID Validation Checking an ID False IDs

Questions/Concerns?


Alcohol Server Training Law

MAST Background In 1995, the State of Washington initiated Mandatory Alcohol Server Training (MAST) for employees and managers who serve alcohol or supervise the sale of alcohol for on-premises consumption at liquor licensed: Restaurants, Taverns, Snack bars, Private clubs, Sports/entertainment facilities, and Wineries and breweries with retail sales and on-premises consumption

MAST Permit Important Facts You must successfully complete a MAST class and exam in order to get a MAST permit.

Your class must be led by a WSLCB certified trainer Classes are about three hours Permits are good for 5 years You must have your permit readily available for inspection while at work

You are required to get the appropriate MAST permit within 60 days of being hired.

Areas off limits to persons under 21 Minors are prohibited from certain areas where liquor is served. If an area is off-limits to minors under 21 years of age it is illegal:

For minors to remain in the area,

For minors to misrepresent their age to enter the area

To invite a minor in to an establishment and purchase alcohol for, or give alcohol to them.

For an adult to misrepresent a minor’s age to be 21 or older to the owner or employee of the establishment, or to a law or liquor enforcement officer

The penalty for violating this law is a fine up to $1,000, up to 90 days in jail, or both.

Exceptions These people may remain in restricted areas, only if they are performing work, AND are at least 18 years old.

Professional musicians, DJ’s, and the Sound and Lighting Technicians supporting them;

Persons performing janitorial services;

Technicians installing, repairing, or removing an amusement device (video games, jukeboxes, etc.)

Law Enforcement Officers, Firefighters, and certain Security Guards (as long as they are not employed by the licensee, and only if it is in the course of their regular duty)

These exceptions DO NOT permit the sale or service of alcohol any person under 21 years of age


Age of employees and exceptions Servers and sellers of alcoholic beverages must be at least 21 years of age. However, employees under 21 may handle alcoholic beverages in certain situations, and may also be allowed in areas regularly restricted to minors. The two scenarios below outline the primary situations when persons under 21 are allowed to be involved in sale and service of alcoholic beverages, or allowed in restricted areas that are regularly restricted to minors.

Restaurants, clubs, and sports entertainment facilities: Employees 18 to 21 years old may take orders for, serve and sell liquor in any part of the licensed premises EXCEPT: cocktail lounges, bars, or other areas classified by the Washington state liquor control board as off-limits to persons under twenty-one years of age. Employees 18 to 21 years may only be in restricted areas to clean up, set and arrange tables, deliver supplies, deliver messages, serve food, and seat customers. The minor employees may only be in the restricted areas while performing these duties. Employees under 21 years old may NEVER perform work as a bartender.

Grocery Stores, Beer and Wine Specialty Stores, and Non-Retail class liquor licenses: Employees 18 to 21 years of age may sell, stock, and handle beer or wine in or around the establishment, as long as a supervisor at least 21 years of age is on duty. Minor employees may deliver beer and wine to a customer’s car as long as they are accompanied by the purchaser.

Hours of liquor service Liquor sales are not allowed between 2 a.m. and 6 a.m. During this time, liquor may not be: Sold, Offered for sale, Delivered*, Removed from the premises, or Possessed, except for by employees performing their duties *Beer and Wine Distributors may deliver beer/wine to retail licensees during these hours. Local government may enforce earlier closing, and later opening times in their jurisdiction.

Prohibited Conduct by Employees and Patrons 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:

Be disorderly or apparently intoxicated on the licensed premises; Permit any disorderly person to remain on the licensed premises; Engage in or allow behavior that provokes conduct which presents a threat to public safety; Consume Liquor of any kind while working on the licensed premises;* Sell or serve liquor by means of "drive-in" or by "curb service." Solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on

the premises for such purpose; 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. Engage in, or allow Lewd conduct

*This excludes Beer and Wine manufacturers and their employees who may sample their product as long as they do not

become apparently intoxicated, or serve alcohol to the public while engaged in sampling.


Required Signs

The State of Washington and the Liquor Control Board requires the following signs to be posted throughout licensed establishments:

(1) Minor postings Notices regarding persons under 21 years of age must be posted on the premises warning for areas, or entire premises where minors are not permitted

(2) Food Service

The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. If applicable, a statement that minimum food service is available outside of those hours must also be posted or listed on the menu.

(3) FAS/FAE

Signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy, must be posted as follows:

(4) Firearms Firearms prohibited signs provided by the board must be posted in each tavern and lounge. The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas.

Minimum Lighting requirements On all portions of the premises where alcohol is served or consumed, licensees must maintain sufficient lighting so that identification may be checked and patrons may be observed for the enforcement of liquor laws and rules.

Criminal Citations to servers/possible fines In the event that a seller or server of alcohol sells alcohol illegally, the first immediate penalty is a criminal citation from a police officer. Many of the illegal acts for alcohol sales were outlined in the previous unit. Making a criminal mistake at work can cost you in the long run even more than the money and jail time already does. If you are arrested or cited for crimes relating to illegal alcohol sales, your manager and the owner of your establishment can also be penalized, as a result you may lose your job. And, going forward, if you are looking for a job in a restaurant or bar, and you have a criminal record, managers may consider you to be a liability and not hire you in fear of the same situation happening in their establishment.


Child Support Consideration In accordance with RCW 74.20A.320, the WSLCB may suspend or refuse renewal of any Class 12 or 13 Permit Holder for noncompliance with a Child Support Order. In the event that a license holder fails to comply with a child support order, the WSLCB will notify the holder of administrative actions via certified mail, or personal service.

Administrative actions against servers In addition to the legal penalties faced when you violate a liquor law, the Washington Liquor Control Board will take action to either impose a fine, or suspend your mixologist (or server) permit. After a violation, the imposed penalty is either 5 days suspension of permit, or a $100 fine. With repeated offenses, the LCB can suspend or even revoke your permit to sell and serve liquor in Washington. The chart below outlines the basic penalty structure imposed by the LCB for violations within a three (3) year period. Please take note that a DUI conviction, or any felony conviction may result in the suspension or revocation of your Class 12 or Class 13 permit.

Violation 1st 2nd 3rd 4th

Typical Liquor Law

violation

5 Day permit suspension OR $100 fine

10 Day permit suspension OR $200 Fine


Permit Revoked

Selling to a minor




Permit Revoked

Other violations (DUI, Felonies)


Permit Revoked

Monetary Penalties/Suspensions for licensees Licensees are responsible for the actions of their employees. Certain laws are in place for mixologists and servers, that, when broken, carry penalties for those servers, but also for the licensees as well. In addition there are certain laws in place specifically for the licensee. The chart below outlines the basic penalty structure imposed by the LCB for violations within a two (2) year period.

Violation 1st 2nd 3rd 4th

Group 1 Violations against public safety

5 Day suspension OR $500 fine

7 Day suspension

30 Day suspension

License Cancelled


Physiological Effects of Alcoholic Beverages

Alcohol Absorption Most of the alcohol in one standard drink will enter the bloodstream within 45 minutes of consumption. Alcohol absorption occurs primarily through the lining of the mouth, throat, stomach, and small intestine. Although alcohol absorption into the body occurs almost immediately, the small intestine absorbs 75 - 80% of all alcohol consumed. Unlike food, alcohol does not need to be digested before reaching the bloodstream. Within a few minutes of taking a drink, alcohol reaches the body‘s organs. When alcohol is in the bloodstream, it has a variety of effects on the body including: Initial increase of heart rate Increase in the production of stomach acids Increased urination Depression of the central nervous system Eventually, the alcohol in the bloodstream reaches the liver. The liver is primarily responsible for metabolizing the alcohol. In fact, ninety percent of all the alcohol will be metabolized by the liver. It takes about one hour for the liver to process one beer or other alcoholic drink.

Blood Alcohol Concentration (BAC) The amount of alcohol in the bloodstream at any given time is called blood alcohol concentration or BAC. BAC is expressed as a percentage of alcohol in relation to blood in the body. For example, a person with a BAC of .10% has approximately one milliliter of alcohol for every liter of blood. Since a small portion of alcohol in the body is eliminated through breathing, you can determine a person’s BAC by measuring the alcohol content in his/her breath. This is measured by a device called a breathalyzer.

Absorption Triggers A person’s BAC is a direct result of several triggers. Absorption triggers include: • The amount of alcohol a person drinks • The speed at which a person drinks • How much and what type of food is eaten while drinking • A person’s individual metabolic rate Note: A person’s individual metabolic rate is not necessarily an absorption trigger, but it does determine how quickly the liver breaks down the alcohol. The faster the liver breaks down the alcohol, the faster the BAC will return to normal levels.

Group 2 Regulatory violations

5 Day suspension OR fine between $100 - $500

5 Day suspension OR fine between $500 - $1500

10 Day suspension OR fine between $1,000 - $3,000

License Cancelled


Trigger 1: Amount of Consumption How much alcohol a person consumes is a primary trigger of the BAC. All other things being equal, the more alcohol a person consumes, the higher the BAC will be. Because the amount of alcohol in drinks can vary, the generally accepted rule is that “one” drink is:

12 oz can of beer = 5 oz glass of wine = 1.5 oz of 80 proof liquor

Trigger 2: Speed of Consumption Just as the amount of alcohol consumed affects BAC, so does the speed of consumption. The faster a person drinks alcohol, the faster his/her BAC is affected. Remember that it takes approximately one hour to metabolize one drink from a person’s system. Therefore, the faster alcohol is put in the bloodstream, the higher the BAC will be until the liver can metabolize all of the alcohol. Trigger 3: Food Consumption How much and what types of food a person eats while drinking alcohol will also affect his/her BAC. Not only does eating usually slow down the pace of drinking, the food in the body acts as a “sponge,” absorbing some of the alcohol which slows down the speed in which alcohol enters the bloodstream. A full stomach of food only delays the absorption of alcohol into the bloodstream. It doesn't prevent it. It is important that a person not drink on an empty stomach. The stomach should be coated and food should be eaten to lessen the irritating effects of alcohol on the stomach lining and slow down the rate of absorption. Salty foods, such as peanuts and pretzels, and spicy foods should be avoided since they increase thirst and may cause people to drink alcoholic beverages more quickly.

Trigger 4: Metabolic Rate A person’s individual metabolic rate does not affect the speed of alcohol absorption, but it does affect BAC in another way. A person’s metabolic rate determines how quickly the liver breaks down the alcohol. People with slower metabolic rates take longer to eliminate alcohol from the bloodstream than those with higher metabolic rates. All things being equal, people with slow metabolic rates will have higher BAC levels for longer periods of time than those with high metabolic rates.


Other Triggers The rate at which the body metabolizes alcohol is affected by a variety of triggers. We have discussed the four major triggers; however, there are several other triggers that can also affect a person’s BAC and alcohol metabolism. These include: Gender Illness, and Moods and Emotions Common Diseases and Disorders Some other illnesses may be mistaken as intoxication. Diabetics show some of the same signs as intoxication if their blood sugar levels are dangerously low. This condition is also known as hypoglycemia and usually causes feelings of hunger, dizziness, palpitations, sweating, irritability, weakness, and tiredness. If this condition is not corrected, loss of consciousness, convulsions, or even death can occur. Therefore, try to determine quickly if these symptoms are medically related and get help immediately. One way to try and determine if a medical condition exists is to see if a Medic-Alert bracelet or necklace is present.

FAS and FAE

Fetal Alcohol Syndrome (FAS) or Fetal Alcohol Effects (FAE) is a pattern of mental and physical defects which develops in some unborn babies when the mother drinks excessive alcohol during pregnancy. The ingestion of alcohol does not always result in FAS, but no amount of alcohol is proven safe for consumption during pregnancy. The current recommendation of the US Surgeon General is not to drink alcohol at all during pregnancy.

The main effect of FAS is permanent central nervous system damage, especially to the brain. Developing brain cells and structures are underdeveloped or malformed by prenatal alcohol exposure, often creating an array of primary cognitive and functional disabilities (including poor memory, attention deficits, impulsive behavior, and poor cause-effect reasoning) as well as secondary disabilities (for example, mental health problems, and drug addiction). The risk of brain damage exists during each trimester, since the fetal brain develops throughout the entire pregnancy.

Alcohol and Drugs Combining alcohol and drugs can make the effects unpredictable and often more severe than if the same drugs were taken separately. Combining alcohol with depressants, cocaine, or marijuana can be especially dangerous, and the results can be deadly. Some prescription drugs also have adverse reactions when taken with alcohol. In some cases, the alcohol’s effect is multiplied. The blood alcohol content doesn’t change, but the way the person reacts may change. Some drugs that affect behavior are: Weight Loss drugs – These are stimulants, which can increase blood pressure and heart rate and decrease sleep and appetite. Analgesics or pain killers – These can cause drowsiness.


Cold remedies, cough medicines, and some anti-diarrhea medicines – These can adversely affect performance and slow judgment.

Alcohol Consumption Myths The most important factor to consider when attempting to “sober-up” a person who drank too much is time. If a person drinks three beers in 30 minutes and consumes no more alcohol, it will take about three hours for the body to eliminate the alcohol.

The liver works slowly and nothing can be done to speed up alcohol elimination. Exercise, cold showers, special foods, coffee, tea, or orange juice cannot speed up the elimination of alcohol in the

bloodstream. Caffeine does nothing to reduce intoxication. In fact, it can have a negative effect by giving a person a false sense of

alertness.

Washington State Law

Third Party Liability Law

As an alcohol server, you can be held liable for damages if you serve alcohol to an apparently intoxicated customer and that customer causes injury or death to a third party due to their intoxication. You have a duty not to serve alcohol to any apparently intoxicated person or serve a customer to the point of intoxication. Injured parties and/or customers may sue you and your establishment for the injuries they incurred due to your service of alcohol if the customer was “obviously” intoxicated. Third Party Liability laws emphasize that the intoxication of the individual can be the “cause” of damages suffered and that an individual who is “obviously” intoxicated must not be provided additional alcoholic beverages.

Third Party Liability Law & Minors An adult 21 years of age or older is liable for damages caused by the intoxication of a minor under the age of 18 if: The adult is not the minor’s parent, guardian, spouse, or an adult in whose custody the minor has been committed by a court; and The adult knowingly sold or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication. Both common negligence and Third Party Liability law cover the criminal aspects of improper or unsafe alcohol service. However, even if you are not criminally liable, you can still be sued in civil court for failing to act responsibly. The best way for you to avoid a lawsuit or criminal action is by taking every precaution necessary to eliminate alcohol related problems before they can occur. You can accomplish this by making a reasonable effort to be a responsible alcohol server.

Minors In Washington it is illegal to sell, give, or otherwise supply liquor to any person under the age of 21 or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.


This is a gross misdemeanor. The penalty is a fine up to $5000, up to 1 year in jail, or both.

Drinking and Driving Alcohol plays a part in over half of all fatal road accidents. This includes both intoxicated drivers and pedestrians. Even small amounts of alcohol can interfere with a person’s driving ability. Alcohol can slow a person’s reaction time and affect his/her ability to make decisions quickly. Alcohol affects a person’s sight, especially at night. At night, the pupils open to let more light in so a person can see well. It takes about 1 second for the pupil to close when meeting an oncoming driver with bright headlights, and 7 seconds for the eye to recover after the light has passed. When a person drinks, this recovery time slows down drastically, leaving the driver dazed for a longer amount of time. A combination of seeing less clearly and responding more slowly after drinking makes it especially dangerous to drink and drive. Alcohol also upsets the muscular control of the eyeballs. The ability to judge distance is lost, and if a person consumes large amounts of alcohol, he/she may see double.

DUI in Washington Drinking and Driving is a serious matter that Washington Law Enforcement officers deal with on a daily basis. The effects of drunk driving can be serious and long lasting for all those involved. Drunk driving effects people throughout the country. 3 of every 10 Americans will be involved in a drunk driving accident at some point in their lives. The effects of drunk driving are more severe in the night time hours. A fatal vehicle accident is three times more likely to occur at night than during the day. The effects of drunk driving are costly. Obviously the effects of drunk driving are most costly when injury or death is involved in an alcohol related accident. Even when no damages are committed, the legal effects of drunk driving can include possible jail time, probation, fines, restitution (if damages were caused in the accident), drug/alcohol therapy, DUI school, and other criminal penalties. Each year millions of dollars of property damaged are caused as a result of mixing alcohol and drugs with driving. These stats do not include all of the other crimes, and family problems caused each year by alcohol and drug abuse. You can help play a part by assuring that your customers are drinking alcohol responsibly.

BAC and Implied Consent In Washington, you are considered legally intoxicated at a BAC (Blood Alcohol Concentration) level of .08 or more. If you are found to be operating a motor vehicle with a BAC of .08 or greater, you are in violation of the law, and considered to be Driving Under the Influence (DUI). DUI also applies to other drugs and the combination of alcohol with other medications. If you have a significant loss of regular motor functions, and are operating a motor vehicle, you are considered to be driving under the influence. According to Washington State Law, Implied Consent is given by a person any time they operate a motor vehicle, and means that they have given consent to breath or blood tests to determine BAC. Refusal to allow an officer to test BAC, results in an automatic loss of driver’s license privileges in Washington for at least 1 year in addition to any other penalties that result from the violation.


Designated Driver Programs Designated driver programs promote the concept of designating a sober driver. Designated driver programs are simple. The only requirement is that people plan ahead and either select one person to refrain from drinking alcohol or arrange for a safe ride home. Designating a sober driver when people are going to be consuming alcohol is something that should always be practiced. As a server of alcohol, you can call a taxi, friend, or family member of a customer who has had too much to drink. During the holiday season, some businesses will even pay cab fares for intoxicated persons. Remember that although some parties may have a designated driver, it is still illegal to serve the other members of the party to the point of intoxication!

Handling Aggressive Customers

By creating a fun and festive atmosphere, you can avert many problems and disturbances before they start. Occasionally though, you may have customers that become unruly, loud, or aggressive. Dealing with these disturbances effectively and non -emotionally will diffuse the situation quickly. As a server of alcohol, you need to be prepared for handling aggressive or unruly customers. This can be a difficult, embarrassing, and sensitive process for you and the customer. The most important thing in any alcohol-related incident is to diffuse the situation as quickly and as calmly as possible. Remember, you want to create a safe and happy environment for your customers. You can use some or all of the techniques below to help diffuse the situation: Use non-threatening, clear language. Remain calm. Remove all emotion from your tone of voice and any verbal responses. Do not touch or physically intervene with the customer. Do not be judgmental or accusatory. If you are unable to diffuse the situation early enough, the customer may become defensive. Defensiveness usually begins as an increase in aggressive behavior. At this stage, it is important that you make clear, simple, and direct statements that are non-threatening and explain the situation. Avoid further confrontation by removing any personal references. Do not let the customer entice you into a negative or disruptive argument. If your actions do not diffuse the situation, or if you feel threatened in any way, you should notify your supervisor and law enforcement immediately. You should also make a note of the event in the incident log.

Checking ID

ID Validation If you ask a customer for identification, the first step is to make sure his or her ID is accepted in Washington. To legally verify that a person is not a minor, the ID must include a matching photo of the person. One of these 5 forms of identification must be presented and examined.

1. A Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued

by the Washington state department of licensing. You may see Washington driver’s licenses presented for


identification that are punched. These punched IDs are acceptable if 1) the card is not expired, and 2) the punch is not through the photo, date of birth, expiration date, or signature.

2. A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an imbedded, digital signature in lieu of a visible signature.

3. A Valid Passport. 4. A Merchant Marine identification card issued by the United States Coast Guard. 5. An Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington.

If a customer’s ID does not have a photo, or if it is not government issued, DO NOT ACCEPT IT! It is your discretion to refuse service to a customer that you believe is underage.

Checking an ID If a customer presents identification that is accepted in Washington, it is now time for closer examination. There are 3 more areas you must check: 1. Is the ID valid, and not expired? 2. Does the birth date on the ID indicate the person is over 21? The #1 mistake is not calculating the date correctly. 3. Does it contain a signature? 4. Does the photo on the ID match the card holder? 5. Are there any obvious signs of tampering or altering? It is very important that you examine the ID closely. You should always ask to hold the ID. This allows you to find any physical abnormalities such as rips, tears, or lumps.

False IDs You may come into contact with false IDs. False IDs are fairly commonplace so it is important that you know what to look for when reviewing a customer’s ID. There are 3 primary types of false identification cards. 1. Physically Altered IDs This ID is one that has been changed or altered. Typically, the date of birth has been altered so pay careful attention to that area of the ID. 2. Counterfeit IDs This ID appears to be valid, but actually is not. These can be obtained by presenting a fake birth certificate or other document to a state department of motor vehicles. These types of IDs are difficult to catch because they are not altered and appear to be valid in every way. One way to verify the validity of an ID is to require a second form of ID, such as a credit card, from someone you suspect of having a counterfeit ID. 3. Another Person’s ID In this situation, the ID is authentic, but it does not belong to the person holding it. Make sure the photo and height on the card match the person in front of you.

The guidelines below can help you verify the authenticity of a driver's license. Expiration Date: Do not accept the license if the date is expired.

Duplicate: If the ID has the word “duplicate” on it, someone else may have the original card.

Physical Imperfections: Glue lines or bumpy surfaces by the picture or birth date or other uneven surfaces often indicate

tampering.


State Logo: A state seal or logo that is partially missing or appears altered is another clue to a fake card.

Hologram: Many IDs have a hologram or some other type of security feature that is difficult to duplicate.

Size, Color, Thickness, Lettering: Compare the questionable ID against a "standard" - your own valid driver's license.

If you are suspicious about the validity of an ID, you should ask for a second piece of ID. People with fake IDs rarely carry back-up identification. You can also ask the customer questions, such as:

What is your address? What is your zip code? What is your middle name? What is your date of birth? How old are you now? Are you an organ donor? What is your astrological sign? How do you spell your first or middle or last name? (Use this question when there are different ways to spell the

name. For example: Linda vs. Lynda, Jeffrey vs. Geoffrey, Cindy vs. Cindi) Do you have a second piece of ID?

The way in which the customer answers the questions can provide clues to the authenticity of the ID. Pick a method for checking identification that works for you and follow the same procedure each time you check an ID. Establishing a pattern will help insure that you do not leave out a step and it will make checking IDs easier and faster. Remember, if you have any doubt that a piece of ID is valid, do not accept it and do not serve alcohol to that person.

Questions/Concerns? If you have any questions about material in this program, or MAST Training in general please contact:

www.SureSellNow.com phone: 866-402-9809 email: [email protected] If you have any questions, comments, or complaints about this program, please contact: Washington State Liquor Control Board MAST coordinator phone: (360) 664-1727 Email: [email protected]

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