WSR 18-13-063
PERMANENT RULES
LIQUOR AND CANNABIS
BOARD
[Filed June 14, 2018, 10:29 a.m., effective July 15, 2018]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The rule for meal requirements for spirits, beer, and wine restaurants needs to be revised to include culturally diverse meals.
Citation of Rules Affected by this Order: Amending WAC 314-02-035.
Statutory Authority for Adoption: RCW
66.24.410.
Adopted under notice filed as WSR 18-09-121 on April 18, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 13, 2018.
Jane Rushford
Chair
AMENDATORY SECTION(Amending WSR 17-12-030, filed 5/31/17, effective 7/1/17)
WAC 314-02-035What are the food service requirements for a spirits, beer, and wine restaurant license?
(1) A spirits, beer, and wine restaurant licensee must serve at least eight complete meals. The board may make an exception to the eight complete meal requirement on a case-by-case basis. Establishments shall be maintained in a substantial manner as a place for preparing, cooking and serving of complete meals. For purposes of this title:
(a) "Complete meal" means an entree and at least one side dish. Side dishes are not required to be included with the entrée, however must be offered.
(b) "Entree" means the main course of a meal. Some examples of entrees are fish, steak, chicken, pork, pasta, pizza, ((hamburgers)) burgers, pho, sushi, street tacos, tikka masala, quiche, seafood salad, Cobb salad, chef's salad, sandwiches, and breakfast items (as long as they include a side dish). Entrees 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. Garnishes such as, but not limited to, pickles, salsa, and dips do not qualify as a side dish.
(2) The restaurant must maintain the kitchen equipment necessary to prepare the complete meals required under this section.
(3) The complete meals must be prepared on the restaurant premises.
(4) A chef or cook must be on duty while complete meals are offered.
(5) A menu must be available to customers.
(6) The food items required to maintain the menu must be on the restaurant premises. These items must be edible.
(7) Restaurants that have one hundred percent dedicated dining area must maintain complete meal service any time liquor is available for sale, service, or consumption.
(8) Restaurants with less than one hundred percent dedicated dining area must maintain complete meal service for a minimum of five hours a day during the hours of 8:00 a.m. and 11:00 p.m., three days a week.
Limited food service, such as appetizers, sandwiches, salads, soups, pizza, ((hamburgers)) burgers, or fry orders, must be available outside of these hours. Snacks such as peanuts, popcorn, and chips do not qualify as limited food service.
(9) The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. A statement that limited food service is available outside of those hours must also be posted or listed on the menu.