Commercial servers of liquor

AN ACT Relating to the indemnification of commercial servers of 1
liquor; and amending RCW 66.44.200. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 66.44.200 and 1998 c 259 s 1 are each amended to 4
read as follows: 5
(1) No person shall sell any liquor to any person apparently 6
under the influence of liquor. 7
(2)(a) No person who is apparently under the influence of liquor 8
may purchase or consume liquor on any premises licensed by the board.9
(b) A violation of this subsection is an infraction punishable by 10
a fine of not more than five hundred dollars. 11
(c) A defendant's intoxication may not be used as a defense in an 12
action under this subsection. 13
(d) Until July 1, 2000, every establishment licensed under RCW 14
66.24.330 or 66.24.420 shall conspicuously post in the establishment 15
notice of the prohibition against the purchase or consumption of 16
liquor under this subsection. 17
(3) An administrative action for violation of subsection (1) of 18
this section and an infraction issued for violation of subsection (2) 19
of this section arising out of the same incident are separate actions 20
and the outcome of one shall not determine the outcome of the other.21
H-1355.1
HOUSE BILL 1977
State of Washington 69th Legislature 2025 Regular Session
By Representative Donaghy
Read first time 02/14/25. Referred to Committee on Consumer
Protection & Business.
p. 1 HB 1977
(4)(a) When a civil action for damages is brought against any 1
past or present server of a retailer arising from the server's 2
alleged sale of liquor to a person apparently under the influence of 3
liquor, the retailer must pay all necessary expenses of defending the 4
action against the server and any monetary judgment entered against 5
the server, and the judgment creditor must seek satisfaction for 6
damages only from the retailer. Any judgment against the server may 7
not become a lien upon any property of the server.8
(b) Nothing in this subsection limits a server's personal 9
liability for and obligation to pay any fine assessed by the board, a 10
liquor enforcement officer, or a county or municipal peace officer 11
for a violation of this section.12
(c) Nothing in this subsection limits any cause of action against 13
a retailer.14
(d) For the purposes of this section, "server" means any person, 15
working for or on behalf of a retailer, whose duties include the 16
compounding, sale, or service of alcohol for consumption as 17
authorized under this title.18
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p. 2 HB 1977