WSR 13-24-124 PROPOSED RULES LIQUOR CONTROL BOARD [Filed December 4, 2013, 11:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-13-022.
Title of Rule and Other Identifying Information: WAC 314-02-082 What is a beer and wine theater license? and 314-02-087 What is a spirits, beer, and wine theater license?
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Ave S.E., Olympia, WA 98504, on January 8, 2014, at 10:00 a.m.
Date of Intended Adoption: January 15, 2014.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by January 8, 2014.
Assistance for Persons with Disabilities: Contact Karen McCall by January 8, 2014, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1001 and ESB 5607 passed in the 2013 legislative session directs the board to adopt rules to implement the new licenses.
Reasons Supporting Proposal: Rules are needed to clarify the new license types and what requirements licensees must meet to obtain and maintain a license.
Statutory Authority for Adoption: RCW 66.24.650 and 66.24.655.
Statute Being Implemented: RCW 66.24.650 and 66.24.655.
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 McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not required.
A cost-benefit analysis is not required under RCW 34.05.328.
December 4, 2013
Sharon Foster
Chairman
NEW SECTION
WAC 314-02-082 What is a beer and wine theater license?
(1) A beer and wine theater is a place of business where motion pictures or other primarily nonparticipatory entertainment or events are shown. The holder of a beer and wine theater license is allowed to sell beer, strong beer, and wine, at retail, for consumption on the licensed premises. (2) The requirements for the beer and wine theater license are as follows: (a) The theater has no more than four screens. (b) All servers of beer and wine are required to attend a mandatory alcohol server training (MAST) program. (c) The serving size for wine is five ounces. The serving size for beer is twelve ounces. (d) If the theater premises will be frequented by minors, an alcohol control plan agreement must be signed and submitted to the board during the application process. (3) The alcohol control plan agreement will be provided on a form by the board and includes the following requirements: (a) To ensure that alcoholic beverages are not sold to persons under the age of twenty-one, staff will request identification from any patron who appears to be age thirty or under and who is attempting to purchase an alcoholic beverage. (b) Alcoholic beverages must be served in containers that differ significantly from containers utilized for nonalcoholic beverages. (c) All alcoholic beverages sold under this license must be sold by the individual drink. (d) If staff observes a patron who is in the possession of or who is consuming an alcoholic beverage who appears to be of questionable age, staff will request identification from that patron. If the patron is unable to produce an acceptable form of identification verifying their age the alcohol will be confiscated. (e) Staff will accept only those forms of identification that are acceptable per WAC 314-11-025 to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol. (f) All employees involved in the sale, service and/or supervision of alcoholic beverages will be required to attend MAST to obtain the appropriate permit for their level of service. (g) Sufficient lighting must be maintained at the point of sale so that identification can be confirmed and patrons observed for signs of intoxication. (h) To ensure alcoholic beverages are served in a safe, responsible, and controlled manner, sales and service of alcoholic beverages will be limited to one serving per person per transaction. (i) If a patron is accompanied by another patron who wants to pay for both people's drinks, they may do so, provided that both patrons are of legal age to purchase, and have proper identification, if requested, and are not displaying signs of intoxication. (j) Alcohol may only be sold, served, and consumed in areas designated in the alcohol control plan agreement and approved by the board. (k) Staff will refuse to sell an alcoholic beverage to any person who appears to be intoxicated. Alcoholic beverages will be removed from any person who appears to be intoxicated. (l) This alcohol control plan agreement will be prominently posted on the licensed premises. (4) Penalties are doubled for a violation involving minors or the failure to follow the signed alcohol control plan agreement. (5) If a theater premises has a restaurant located outside of the actual theater screening areas, beer and wine may be served and consumed in the restaurant area. (a) Beer may be sold by the pitcher as well as by individual serving for consumption in the restaurant area. (b) Wine may be sold by the bottle as well as by the individual serving for consumption in the restaurant area.
NEW SECTION
WAC 314-02-087 What is a spirits, beer, and wine theater license?
(1) A spirits, beer, and wine theater is a place of business where motion pictures or other primarily nonparticipatory entertainment or events are shown. The holder of a beer and wine theater license is allowed to sell spirits, beer, strong beer, and wine, at retail, for consumption on the licensed premises. (2) The requirements for the spirits, beer, and wine theater license are as follows: (a) The theater has no more than one hundred twenty seats per screen. (b) All servers of beer and wine are required to attend a mandatory alcohol server training (MAST) program. (c) The serving size for spirits is one and one quarter ounce. The serving size for wine is five ounces. The serving size for beer is twelve ounces. (d) There must be tabletop accommodations for in theater dining. (e) If the theater premises will be frequented by minors an alcohol control plan agreement must be signed and submitted to the board during the application process. (3) A spirits, beer, and wine theater licensee must serve at least eight complete meals. Establishments shall be maintained in a substantial manner as a place for preparing, cooking, and serving of complete meals. (a) "Complete meal" means an entree and at least one side dish. (b) "Entree" means the main course of a meal. Some examples of entrees are fish, steak, chicken, pork, pasta, pizza, hamburgers, seafood salad, Cobb salad, chef's salad, sandwiches, and breakfast items (as long as they include a side dish). Entrees do not include snack items, or menu items which consist solely of precooked frozen food that is reheated, or consist solely of carry-out items obtained from another business. (c) Examples of side dishes are soups, vegetables, salads, potatoes, french fries, rice, fruit, and bread. (d) The restaurant must maintain the kitchen equipment necessary to prepare the complete meals required under this section. (e) The complete meals must be prepared on the restaurant premises. (f) A chef or cook must be on duty while complete meals are offered. (g) A menu must be available to customers. (h) The food items required to maintain the menu must be on the restaurant premises. These items must be edible. (4) The alcohol control plan agreement will be provided on a form by the board and includes the following requirements: (a) Ensure that alcoholic beverages are not sold to persons under the age of twenty-one, staff will request identification from any patron who appears to be age thirty or under and who is attempting to purchase an alcoholic beverage. (b) Alcoholic beverages must be served in containers that differ significantly from containers utilized for nonalcoholic beverages. (c) All alcoholic beverages sold under this license must be sold by the individual drink. (d) If staff observes a patron who is in the possession of or who is consuming an alcoholic beverage, who appears to be of questionable age, staff will request identification from that patron. If the patron is unable to produce an acceptable form of identification verifying their age, the alcohol will be confiscated. (e) Staff will accept only those forms of identification that are acceptable per WAC 314-11-025 to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol. (f) All employees involved in the sale, service, and/or supervision of alcoholic beverages will be required to attend MAST to obtain the appropriate permit for their level of service. (g) Sufficient lighting must be maintained at the point of sale so that identification can be confirmed and patrons observed for signs of intoxication. (h) To ensure alcoholic beverages are served in a safe, responsible, and controlled manner, sales and service of alcoholic beverages will be limited to one serving per person per transaction. (i) If a patron is accompanied by another patron who wants to pay for both people's drinks, they may do so, provided that both patrons are of legal age to purchase, and have proper identification, if requested, and are not displaying signs of intoxication. (j) Alcohol may only be sold, served, and consumed in areas designated in the alcohol control plan agreement and approved by the board. (k) Staff will refuse to sell an alcoholic beverage to any person who appears to be intoxicated. Alcoholic beverages will be removed from any person who appears to be intoxicated. (l) This alcohol control plan agreement will be prominently posted on the licensed premises. (5) Penalties are doubled for a violation involving minors or the failure to follow the signed alcohol control plan agreement. (6) If the theater premises has a restaurant located outside of the actual theater screening areas, spirits, beer, and wine may be served and consumed in the restaurant area. (a) Spirits may be sold by the individual drink. (b) Beer may be sold by the pitcher as well as by individual serving for consumption in the restaurant area. (c) Wine may be sold by the bottle as well as by the individual serving for consumption in the restaurant area.
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