WSR 15-07-035
PERMANENT RULES
LIQUOR CONTROL BOARD
[Filed March 11, 2015, 1:06 p.m., effective April 11, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: 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. 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.
Citation of Existing Rules Affected by this Order: Amending WAC 314-02-130.
Statutory Authority for Adoption: RCW 66.08.030.
Adopted under notice filed as WSR 15-02-080 on January 7, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 11, 2015.
Jane Rushford
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.