WSR 14-24-128
PERMANENT RULES
LIQUOR CONTROL BOARD
[Filed December 3, 2014, 11:43 a.m., effective January 3, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: New rules are needed to clarify new legislation that passed in the 2014 legislative session, ESHB 2680.
Statutory Authority for Adoption: RCW 66.24.690.
Adopted under notice filed as WSR 14-20-121 on October 1, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 3, 2014.
Sharon Foster
Chairman
NEW SECTION
WAC 314-02-112 What is a caterer's license?
(1) A caterer's license allows the licensee to sell spirits, beer, and wine by the individual serving for consumption on the premises at a catered event location.
(2) The catered event location must be owned, leased, or operated by:
(a) The holder of the caterer's license; or
(b) The sponsor of the event for which the catering services are being provided.
(3) The caterer licensee is responsible for all areas of a location where alcohol is sold, served, consumed, or stored.
(4) If the catered event is open and advertised to the public, the event must be sponsored by a nonprofit society or organization as defined in RCW 66.24.375.
(a) A registered nonprofit holding a public or civic event may invite a caterer to provide alcohol service at a location within the parameters of the event.
(b) If attendance at the catered event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement in subsection (2) of this section does not apply.
(5) A spirits, beer, and wine caterer licensee must have the ability to serve at least eight complete meals. A commissary kitchen, licensed by the city and/or county health department, shall be maintained in a substantial manner as a place for preparing and cooking complete meals. The caterer licensee must maintain the kitchen equipment necessary to prepare the complete meals required under this section. The complete meals must be prepared at the licensed commissary kitchen premises. For the purposes of this title:
(a) "Complete meal" means an entrée and at least one side dish.
(b) "Entrée" means the main course of a meal. Some examples of entrées 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). Entrées 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.
(6) A beer and wine caterer licensee must have the ability to provide minimum food service. A commissary kitchen shall be maintained in a substantial manner as a place for preparing and cooking minimum food service. The caterer licensee must maintain the kitchen equipment necessary to prepare minimum food service required under this section. The minimum food service must be prepared at the licensed commissary kitchen premises. For purposes of this title:
"Minimum food service" means items such as sandwiches, salad, soup, hamburgers, pizza, and fry orders.
(7) The applicant must provide the liquor control board with a copy of their commissary kitchen license issued by the city or county health department.
(8) The licensee is required to send a list of scheduled catered events to their regional enforcement office on the first of each month. The licensee must provide the following information:
(a) Date of the catered events;
(b) Time of the catered events; and
(c) Place and location of catered events.
Any changes to the information provided to the board must be reported to the regional enforcement office seventy-two hours prior to the catered event.
(9) A caterer's license holder is not allowed to cater events at a liquor licensed premises.
(10) The holder of the caterer's license may store liquor on other premises operated by the licensee if the licensee owns or has a leasehold interest at the other premises. Documentation must be provided to the board showing the licensee owns or has a leasehold interest in the property.
(11) All employees that sell or serve alcohol must hold MAST permits.
(12) The annual fee for the caterer's license is as follows:
(a) The annual fee for beer is two hundred dollars;
(b) The annual fee for wine is two hundred dollars; and
(c) The annual fee for a combined spirits, beer, and wine is one thousand dollars.