WSR 16-15-033
PROPOSED RULES
LIQUOR AND CANNABIS
BOARD
[Filed July 13, 2016, 11:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-07-027.
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 [and Cannabis] Board (WSLCB), Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on August 24, 2016, at 10:00 a.m.
Date of Intended Adoption: September 7, 2016.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@lcb.wa.gov, fax (360) 664-9689, by August 24, 2016.
Assistance for Persons with Disabilities: Contact Karen McCall by August 24, 2016, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules is to create an exception, on a case-by-case basis to the outside service requirements.
Reasons Supporting Proposal: This rule making is needed to clarify requirements for outside liquor service at a liquor licensed premises.
Statutory Authority for Adoption: RCW 66.08.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSLCB, 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. A cost-benefit analysis was not required.
July 13, 2016
Jane Rushford
Chairman
AMENDATORY SECTION (Amending WSR 15-07-035, filed 3/11/15, effective 4/11/15)
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.
(7) The board may grant limited exceptions to the required forty-two inch high barrier for outside alcohol service areas.
(a) The licensee must have exclusive leasehold rights to the outside service area.
(b) There must be permanent demarcations at all boundaries of the outside service area for continued enforcement of the boundaries.