WSR 15-02-080
PROPOSED RULES
LIQUOR CONTROL BOARD
[Filed January 7, 2015, 11:02 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-104.
Title of Rule and Other Identifying Information: WAC 314-02-130 What types of changes to a licensed premises require board approval?
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on February 11, 2015, at 10:00 a.m.
Date of Intended Adoption: February 18, 2015.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9689, by February 11, 2015.
Assistance for Persons with Disabilities: Contact Karen McCall by February 11, 2015, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is a result of a stakeholder petition for rule making. This rule making would allow an exception with specific requirements to the forty-two inch barrier required to enclose outside service areas at liquor licensed premises.
Reasons Supporting Proposal: The proposed rule will provide clarity to local jurisdictions and liquor licensees on requirements that must be followed if an exception to barriers enclosing outside service areas is requested.
Statutory Authority for Adoption: RCW 66.08.030.
Statute Being Implemented: RCW 66.24.010.
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: Randy Simmons, Deputy Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1671; and Enforcement: Justin Nordhorn, Chief Enforcement, 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. A cost-benefit analysis was not required.
January 7, 2015
Sharon Foster
Chairman
AMENDATORY SECTION (Amending WSR 11-01-133, filed 12/21/10, effective 1/21/11)
WAC 314-02-130 What types of changes to a licensed premises require board approval?
The following changes to a licensed premises require prior board approval, by submitting a form provided by the board's licensing and regulation division:
Type of alteration
Approval process and timeline
(1)
• Excluding persons under twenty-one years of age from a spirits, beer, and wine restaurant or a spirits, beer, and wine nightclub;
 
(a) The board’s licensing and regulation division will make initial contact on the request for alteration within five business days.
• Excluding persons under twenty-one years of age from the dining area of a beer and/or wine restaurant;
(b) The licensee may begin liquor service in conjunction with the alteration as soon as approval is received.
• Reclassifying a lounge as open to persons under twenty-one years of age;
(c) Board approval will be based on the alteration meeting the requirements outlined in this title.
• Extending the location of alcohol service, such as a beer garden or patio/deck service (areas must be enclosed with a barrier a minimum of forty-two inches in height);
• Initiating room service in a hotel or motel when the restaurant is not connected to the hotel or motel;
 
(2)
• Any alteration that affects the size of a premises' customer service area.
 
(a) The board's licensing and regulation division will make an initial response on the licensee's request for alteration within five business days.
 
(b) The licensee must contact their local liquor control agent when the alteration is completed.
 
(c) The licensee may begin liquor service in conjunction with the alteration after the completed alteration is inspected by the liquor control agent.
 
(d) Board approval will be based on the alteration meeting the requirements outlined in this title.
(3) For sidewalk cafe outside service, the board allows local regulations that, in conjunction with a local sidewalk cafe permit, requires a forty-two inch barrier or permanent demarcation of the designated alcohol serving areas for continued enforcement of the boundaries.
(a) The permanent demarcation must be at all boundaries of the outside service area;
(b) The permanent demarcation must be at least six inches in diameter;
(c) The permanent demarcation must be placed at a minimum of ten feet apart.
(4) There must be an attendant, wait staff, or server dedicated to the outside service area when patrons are present.
(5) This exception only applies to restaurant liquor licenses with sidewalk cafe service areas contiguous to the liquor licensed premises. "Contiguous" means touching along a boundary or at a point.
(6) This exception does not apply to beer gardens, standing room only venues, and permitted special events. Board approval is still required with respect to sidewalk cafe barrier requirements.