PERMANENT RULES
Date of Adoption: February 22, 2000.
Purpose: The Liquor Control Board is currently undergoing a review of all of its rule to make them clear and usable, per Governor Locke's Executive Order 97-02. Proposed chapter 314-02 WAC would replace other WACs and policies that outline the requirements for retail liquor licenses, such as restaurants, taverns, and grocery stores.
Statutory Authority for Adoption: RCW 66.08.030, 66.24.010, 66.24.120.
Adopted under notice filed as WSR 99-23-105 on November 17, 1999.
Changes Other than Editing from Proposed to Adopted Version: WAC 314-02-010(3) Definitions. The definition of a "dedicated dining area" in subsection (3) was changed in order to remove the reference to dance floors and counters with alcohol service. These issues will be covered in future rule making.
WAC 314-02-015 (1)(b)(c) What is a spirits, beer, and wine restaurant license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors. Also a relevant statute is cited in the corrected version.
WAC 314-02-020(2) What are the fee categories for a spirits, beer, and wine restaurant license? The definition of a dedicated dining area cited in another proposed rule (WAC 314-02-010(3)) was added to this rule for clarity.
WAC 314-02-025 What are the floor space requirements to obtain and maintain a spirits, beer, and wine restaurant? Two changes were made to this section: 1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant. 2) The following language regarding the placement of barriers was removed from subsection (1), "... in such a way as to reasonably prevent authorized persons from entering the areas." The current board policy requiring barriers to be at least 42" in height will remain in effect pending future rule making.
WAC 314-02-030 Can a spirits, beer, and wine restaurant exclude persons under twenty-one years of age from the premises? Two changes were made to this section: 1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant. 2) For clarity, language was added to explain how an existing licensee who allows persons under 21 years of age on their premises can apply to the board to exclude such persons.
WAC 314-02-035 What are the food requirements for a spirits, beer, and wine restaurant license? Subsection(1) of this proposed rule was removed, which stated the premises must serve the complete meals outlined by law. The current rule regarding complete meals, WAC 314-16-190(1), will remain in effect pending future rule making.
WAC 314-02-045 What is a beer and/or wine restaurant license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.
WAC 314-02-050 What are the floor space requirements to obtain and maintain a beer and/or wine restaurant? Two changes were made to this section: 1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant; 2) The following language regarding the requirements for barriers was removed from subsection (1), "... in such a way as to reasonably prevent authorized persons from entering the areas." The current board policy requiring barriers to be at least 42" in height will remain in effect pending future rule making.
WAC 314-02-055 Can a beer and/or wine restaurant exclude persons under twenty-one years of age from the dining area? For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant.
WAC 314-02-065 What is a snack bar license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.
WAC 314-02-070 What is a tavern license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.
WAC 314-02-105 What is a beer and/or wine specialty store license? Language regarding the requirements for a beer and/or wine specialty store license to sample product on the premises was moved to the correct location. The previous version of the proposed rules implied that the requirements to sample product where the same requirements to hold the basic privileges of the license.
WAC 314-02-125(3) What types of activities on a licensed premises require notice to the board? Language was added to subsection(3) to clarify the definition of a "contest with patron participation."
WAC 314-02-130(2) What types of changes to a licensed premises require board approval? Language was changed in subsection(2) to clarify that licensees need to receive prior approval for any alteration that affects the premises' customer service area (as opposed to any alteration that affects the total size of the premises).
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 24, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 24, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 24, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
March 13, 2000
Eugene Prince
Chair
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-08 issue of the Register.