WSR 15-19-164 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed September 23, 2015, 11:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-15-094.
Title of Rule and Other Identifying Information: WAC 314-02-090 What is a nonprofit arts organization license?
Hearing Location(s): Washington State Liquor Control [and Cannabis] Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on November 4, 2015, at 10:00 a.m.
Date of Intended Adoption: November 18, 2015.
Submit Written Comments to: Karen McCall, P.O. Box 43098, Olympia, WA 98504, e-mail rules@lcb.wa.gov, fax (360) 664-9689, by November 4, 2015.
Assistance for Persons with Disabilities: Contact Karen McCall by November 4, 2015, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is the result of a stakeholder petition for rule making. The stakeholder requested nonprofit arts organization be allowed to have alcohol consumption in the seating areas during performances.
Reasons Supporting Proposal: Alcohol consumption is currently allowed in the seating areas during performances of these venues if a caterer licensee is providing alcohol service. There is no reason to prohibit the nonprofit arts organization licensee from providing alcohol consumption in the seating areas during performances.
Statutory Authority for Adoption: RCW 66.08.030.
Statute Being Implemented: RCW 66.24.495.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor and cannabis 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: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; 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.
September 23, 2015
Jane Rushford
Chairman
AMENDATORY SECTION (Amending WSR 10-01-091, filed 12/16/09, effective 1/16/10)
WAC 314-02-090 What is a nonprofit arts organization license?
(1) Per RCW 66.24.495, this license allows a bona fide nonprofit organization to sell beer, wine, and spirits by the individual serving in conjunction with artistic or cultural exhibitions or performances.
(2) The nonprofit organization must be organized and operated for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs for viewing by the general public. See RCW 66.24.495(2) for specific organizational requirements.
(3) Alcohol sales and consumption may ((only)) occur in the seating areas during performances and in the lobby area and/or restricted bar area of the premises prior to the commencement of an exhibition or performance and during intermission.
((Alcohol is not allowed in the performance seating areas of the facility.))
(4) The annual fee for this license is two hundred fifty dollars.
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