WSR 08-21-123

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed October 17, 2008, 1:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-15-071.

Title of Rule and Other Identifying Information: Amend WAC 314-02-015 What is a spirits, beer, and wine restaurant license? and 314-02-120 How do licensees get keg registration forms?, and create a new section WAC 314-02-061 What is required for off-site storage of liquor under a caterer's endorsement?

Hearing Location(s): Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on December 3, 2008, at 10:00 a.m.

Date of Intended Adoption: December 17, 2008.

Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov, fax (360) 704-4921, by December 10, 2008.

Assistance for Persons with Disabilities: Contact Karen McCall by December 10, 2008, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to implement legislation that passed in the 2007 and 2008 legislative sessions (HB 1349, E2SSB 5859, and SSB 6770) to RCW 66.24.400, 66.24.420, 66.28.200, and 66.28.220. The legislation allows a spirits, beer, and wine restaurant to sell for off-premises consumption, malt liquor in kegs or other containers holding four or more gallons of liquid. The legislation also allows a spirits, beer, and wine restaurant license to sell bottled wine for off-premises consumption. The legislation also allows a spirits, beer, and wine restaurant with a caterer's endorsement, or a beer and/or wine restaurant with a caterer's endorsement to store alcohol at a premise off the licensed location.

Reasons Supporting Proposal: The rules are amended to reflect statute changes during the legislative sessions.

Statutory Authority for Adoption: RCW 66.08.030.

Statute Being Implemented: RCW 66.24.400, 66.24.420, 66.28.200, 66.28.220.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state liquor control board, governmental.

Name of Agency Personnel Responsible for Drafting: Karen Rogers, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1622; Implementation: Alan Rathbun, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1615; and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1726.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes only minor impact on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328.

October 15, 2008

Lorraine Lee

Chairman

OTS-1945.3


AMENDATORY SECTION(Amending WSR 05-22-022, filed 10/24/05, effective 11/24/05)

WAC 314-02-015   What is a spirits, beer, and wine restaurant license?   (1) Per RCW 66.24.400, this license allows a restaurant to:

(a) Serve spirits by the individual ((serving)) glass for on-premises consumption;

(b) Serve beer by the bottle or can or by tap for on-premises consumption; ((and))

(c) Serve wine for on-premises consumption (((see RCW 66.24.400 regarding patrons removing recorked wine from the premises).

(2) Per RCW 66.24.400, this license prohibits licensees from selling alcohol for off-premises consumption except for a licensee having an endorsement that allows the licensee to sell, for off-premises consumption, wine vinted and bottled in the state of Washington that has a label exclusive to the licensee's restaurant.

(3)));

(d) Allow patrons to remove recorked wine from the licensed premises in accordance with RCW 66.24.400;

(e) Sell wine by the bottle for off-premises consumption with the appropriate endorsement; and

(f) Sell kegs of malt liquor with the appropriate endorsement.

(2) To obtain and maintain a spirits, beer, and wine restaurant license, the restaurant must be open to the public at least five hours a day during the hours of 11:00 a.m. and 11:00 p.m., five days a week. The board may consider written requests for exceptions to this requirement due to demonstrated hardship, and may grant an exception under such terms and conditions as the board determines are in the best interests of the public.

(((4))) (3) All applicants for a spirits, beer, and wine license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant. The term "bona fide restaurant" is defined in RCW 66.24.410(2).

[Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. 05-22-022, 314-02-015, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, 314-02-015, filed 3/15/00, effective 4/15/00.]


NEW SECTION
WAC 314-02-061   What is required for off-site storage of liquor under a caterer's endorsement?   A spirits, beer, and wine restaurant licensee with a caterer's endorsement, or a beer and/or wine restaurant licensee with a caterer's endorsement, may store its alcohol at locations described in RCW 66.24.320 and 66.24.420 that are not on the licensed premises if the following conditions are met:

(1) The licensee must display the approval letter for storing liquor at each location;

(2) Liquor storage must be within the event location where catering services for events are provided;

(3) If the location is one for which the licensee has an on-going contract or agreement to provide liquor service at a catered event, the contract or agreement must include the following:

(a) Names of the parties;

(b) Location and address where on-going liquor catering services are provided;

(c) A sketch and description of the facility that includes where the liquor will be stored, how the liquor will be secured to ensure public safety, and the provisions that restrict access to the liquor storage area to the licensee and the licensee's employees; and

(d) Signatures of the parties.

(4) For locations owned or leased by the licensee and for which the licensee provides liquor service at a catered event, the licensee must submit copies of documents that evidence the ownership or leasehold interest.

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AMENDATORY SECTION(Amending WSR 00-07-091, filed 3/15/00, effective 4/15/00)

WAC 314-02-120   How do licensees get keg registration forms?   (1) The board will provide keg registration forms ((free-of-charge)) free of charge to licensees who hold (a) a beer and/or wine restaurant ((or)) license in combination with an off-premises beer and/or wine endorsement; (b) a tavern license in combination with an off-premises beer and/or wine endorsement; or (c) a beer and/or wine specialty shop license with a keg endorsement.

(2) Licensees who hold ((only an off-premises beer and/or wine license)) a grocery store license with a keg endorsement, or a spirits, beer, and wine restaurant license with a keg endorsement, must purchase the keg registration forms from their local board enforcement office for four dollars per book of twenty-five forms.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, 314-02-120, filed 3/15/00, effective 4/15/00.]

Washington State Code Reviser's Office