[Filed March 4, 2026, 11:06 a.m.]

Preproposal statement of inquiry was filed as WSR 25-19-002.

Title of Rule and Other Identifying Information: The Washington state liquor and cannabis board (LCB) is proposing amendments to three rule sections of chapter 314-02 WAC for implementation of ESB 1602 (chapter 141, Laws of 2025), regarding expanded contract food service options for domestic breweries and microbreweries that apply for beer and wine restaurant or spirits, beer, and wine restaurant licenses.

The rule amendments proposed to implement EHB 1602 include WAC 314-02-015 What is a spirits, beer, and wine restaurant license?, 314-02-035 Food service requirements for a spirits, beer, and wine restaurant license, and 314-02-045 What is a beer and/or wine restaurant license?

Hearing Location(s): On April 9, 2026, at 1:00 p.m. Public hearings related to LCB rule-making activity will be held in a "hybrid" environment. This means that the public will have options for in-person or virtual attendance and for providing verbal comments during public rules hearings. A meeting room will be set up at the headquarters building, 1025 Union Avenue, Olympia, WA 98504, for in-person attendance and the public may also log in using a computer or a device, or call in using a phone to listen to the meeting through the Microsoft Teams application. Please note that although the meeting room will be staffed during the hearing, LCB staff may appear virtually.

LCB encourages those who would like to provide public comment to register in advance. Those who have not registered by 1:00 p.m. on the hearing date, or who arrive after the hearing has started, cannot be guaranteed the opportunity to speak.

To register in advance to provide verbal comments or for related questions, please email publichearings@lcb.wa.gov.

For more information about providing verbal comments at rules public hearings, please visit https://lcb.wa.gov/publichearings.

Date of Intended Adoption: Not earlier than May 6, 2026.

Submit Written Comments to: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-704-5027, beginning March 4, 2026, at 12:00 p.m., by April 9, 2026, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Dawn Russell, ADA coordinator, human resources, phone 360-664-1635, fax 360-664-9689, TTY 711 or 1-800-833-6388, email dawn.russell@lcb.wa.gov, by March 26, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state legislature passed EHB 1602 (chapter 141, Laws of 2025) on April 14, 2025. This bill, which went into effect on July 27, 2025, allows for domestic breweries or microbreweries to subcontract with one or more individuals or entities, including mobile food trucks, to satisfy food service requirements necessary to obtain and maintain a beer and/or wine restaurant license or a spirits, beer, and wine license. The proposed amendments to the existing rules are intended to implement EHB 1602 by doing the following:

Reasons Supporting Proposal: Rules on this subject are necessary to implement EHB 1602 (chapter 141, Laws of 2025), which passed the legislature on April 14, 2025. The proposed rules will expand business options available to domestic breweries and microbreweries as well as other small businesses that contract with licensees.


•	Allowing that a domestic brewery or microbrewery may contract, lease, or sublease the domestic brewery or microbrewery to qualify and maintain a spirits, beer, and wine restaurant license or beer and wine restaurant license by contracting one or more individuals or entities to satisfy the food service requirements for spirits, beer, and wine restaurants or beer and wine restaurants. Leasing and subleasing includes the use of a domestic brewery's or microbrewery's licensed premises for the preparation and service of food by a person or entity that does not hold a liquor license.
•	Allowing contracted use includes the use of a mobile food unit, as defined in RCW 43.20.025, by a person or entity who sells food and nonalcoholic beverages to the public and does not hold a retail liquor license.
•	Allowing a domestic brewery or microbrewery to own and operate a mobile food unit to meet their spirits, beer, and wine restaurant food service requirements, although contracted food service staff are not permitted to serve the alcohol of the licensee.
•	Setting requirements for the domestic brewery or microbrewery leasing or subleasing space on the licensed premises to maintain storage space for nontax-paid alcohol that is substantially separated from areas of the premises that are regularly accessed by the owner or staff of a mobile food unit or the owner or staff of an independently operated food service provider.
•	Setting requirements for a domestic brewery or microbrewery contracting or leasing space on its licensed premises to include the following information in the contract or lease:


-	A diagram of the kitchen plan detailing the space controlled by the contractor providing food service for the domestic brewery or microbrewery;
-	A notification that the liquor licensed premises, including all space contracted for food service, is subject to inspection by LCB;
-	The terms to ensure compliance with the establishment's required hours and days of operation, full meal service requirements, minimum food service requirements, and the contractor's mandate in RCW 66.24.240 to hold necessary kitchen and food service permits from the applicable local jurisdiction; and
-	Any changes to the domestic brewery or microbrewery's contract or lease, vendor, or kitchen plan must be submitted to LCB.


•	The domestic brewery or microbrewery must ensure that all applicable food service requirements are satisfied at all times that they are open for business. Extenuating circumstances, such as the unexpected absence of one or more contractors or a contractor's equipment failure, will not absolve a spirits, beer, and wine licensee of these requirements. A spirits, beer, and wine restaurant licensee cannot choose to stop operating under their restaurant license and only serve beer (without food options that satisfy requirements in WAC 314-02-035) under a brewery license during any portion of their spirits, beer, and wine restaurant operating hours.

Statutory Authority for Adoption: RCW 66.08.030, 62.24.246, and EHB 1602 (chapter 141, Laws of 2025).

Statute Being Implemented: RCW 66.24.240, 66.24.244, 66.24.320, 66.24.400, 66.24.410, and 66.04.010.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: LCB, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, 360-480-7960; Implementation and Enforcement: Lawerence Grant, Director of Enforcement and Education, P.O. Box 43080, Olympia, WA 98504, 360-664-1726.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed amended rules do not qualify as a significant legislative rule requiring a cost-benefit analysis under RCW 34.05.328(5). LCB is not a listed agency under RCW 34.05.328 (5)(a)(i), so the cost-benefit analysis requirements in RCW 34.05.328 are not applicable to the proposed rules unless voluntarily applied or made applicable by the joint administrative rules review committee under RCW 34.05.328 (5)(a)(ii).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 20-05-008, filed 2/5/20, effective 3/7/20)

WAC 314-02-015((What is a))Spirits, beer, and wine restaurant license((?)).

(1) Per RCW 66.24.400, this license allows a restaurant to:

(a) Serve spirits by the individual glass or soju by the bottle for on-premises consumption.

(i) Soju served by the bottle may only be served in restaurants holding a soju endorsement and must be served under the provisions outlined in RCW 66.24.400(5);

(ii) Soju endorsement holders must ensure servers providing soju to patrons are trained every five years in the soju curriculum developed by the board.

(b) Serve beer by the bottle or can or by tap for on-premises consumption;

(d) Allow patrons to remove recorked or recapped wine, sake, or soju from the licensed premises;

(e) Sell wine by the bottle for off-premises consumption with the appropriate endorsement; and

(f) Sell kegs of malt liquor with the appropriate endorsement. This endorsement also allows the sale of beer or cider as defined in RCW 66.24.210(6) in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled at the tap by the retailer at the time of sale.

(2) To obtain and maintain a spirits, beer, and wine restaurant license, the restaurant must be open to the public at least five hours a day during the hours of 8:00 a.m. and 11:00 p.m., three days a week.

(3)(a) Except as provided in (b) of this subsection, all applicants for a spirits, beer, and wine license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant. The term "bona fide restaurant" means a business where the board can clearly determine that the primary purpose of the business is the service of complete meals. "Complete meals" is defined in WAC ((314-02-035))314-02-010.

(b) When qualifying for and maintaining a spirits, beer, and wine license, a domestic brewery or microbrewery may contract, lease, or sublease the domestic brewery or microbrewery, with one or more individuals or entities to satisfy the food service requirements for spirits, beer, and wine restaurants in WAC 314-02-035.

(i) For purposes of this section, contracting includes the use of a mobile food unit, as defined in RCW 43.20.025, by a person or entity who sells food and nonalcoholic beverages to the public and does not hold a retail liquor license.

(ii) For purposes of this section, leasing and subleasing includes allowing, under contract, the use of a domestic brewery or microbrewery's licensed premises for the preparation and service of food by a nonliquor licensee.

(iii) Nothing in this section shall prohibit a domestic brewery or microbrewery from owning and operating a mobile food unit to meet spirits, beer, and wine restaurant food service requirements.

In such cases:

(d) Any domestic brewery or microbrewery leasing or subleasing space on the licensed premises shall maintain storage space for nontax-paid alcohol that is substantially separated from areas of the premises that are regularly accessed by the owner or staff of a mobile food unit or the owner or staff of an independently operated food service provider. For the purposes of this section, substantially separated may include:

(i) Physically securing nontax-paid alcohol in a manner that is only accessible to employees of the licensed domestic brewery or microbrewery; or

(ii) Storing alcohol in areas of the premises that are not regularly accessed by contracted food service provider staff. Any access to spaces by contracted food service providers who are providing contracted food services must be incidental and limited to that which is necessary for the purposes of accessing bathrooms, breakrooms, exits, or other permitted shared spaces.

(e) A domestic brewery or microbrewery contracting or leasing space on its licensed premises must include in the contract or lease:

(i) A diagram of the kitchen plan detailing the space controlled by the contractor providing food service for the domestic brewery or microbrewery;

(ii) A notification that the liquor licensed premises, including all space contracted for food service, is subject to inspection by the LCB;

(iii) Terms to ensure compliance with the establishment's required hours and days of operation, full meal service requirements, minimum food service requirements, and the contractor's mandate in RCW 66.24.240 to hold necessary kitchen and food service permits from the applicable local jurisdiction;

(iv) Any changes to the domestic brewery or microbrewery's contract or lease, vendor, or kitchen plan must be submitted to the board.

Notes:

(1) Regardless of whether a domestic brewery or microbrewery uses its own facilities and staff to satisfy food service requirements for spirits, beer, and wine restaurants in WAC 314-02-035 or they use one or more contractors to do so, the domestic brewery or microbrewery must ensure that all applicable food service requirements are satisfied at all times that they are open for business. Extenuating circumstances, such as the unexpected absence of one or more contractors or a contractor's equipment failure, will not absolve a spirits, beer, and wine licensee of these requirements.

(2) A spirits, beer, and wine restaurant licensee cannot choose to stop operating under their restaurant license and only serve beer (without food options that satisfy requirements in WAC 314-02-035) under a brewery license during any portion of their spirits, beer, and wine restaurant operating hours.

AMENDATORY SECTION(Amending WSR 22-01-052, filed 12/8/21, effective 1/8/22)

WAC 314-02-035Food service requirements for a spirits, beer, and wine restaurant license.

(1) Except as provided under subsection (10) of this section, a spirits, beer, and wine restaurant licensee must serve at least four complete meals. Establishments shall be maintained in a substantial manner as a place for preparing, cooking, and serving of complete meals. "Complete meal" is defined in WAC 314-02-010.

(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 100 percent dedicated dining area must maintain complete meal service any time liquor is available for sale, service, or consumption.

(8)(a) Restaurants with less than 100 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.

(b) Minimum food service must be available during hours of alcohol service when complete meal service is not offered. "Minimum food service" is defined in WAC 314-02-010.

(9) The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. A statement that minimum food service is available outside of those hours must also be posted or listed on the menu.

(10) When qualifying for and maintaining a spirits, beer, and wine restaurant license, a domestic brewery or microbrewery may contract with one or more individuals or entities to satisfy the food service requirements for spirits, beer, and wine restaurants in this section per the provisions of WAC 314-02-015 (3)(b) through (d)(iv).

AMENDATORY SECTION(Amending WSR 25-19-050, filed 9/10/25, effective 10/11/25)

WAC 314-02-045((What is a))Beer and/or wine restaurant license((?)).

(1) Per RCW 66.24.320 and 66.24.354, this license allows a restaurant to:

Privilege	Annual fee
(a) Serve beer by the bottle or can or by tap for on-premises consumption.	$300
(b) Serve wine or sake for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked or recapped wine or sake from the premises).	$300
(c) Sell beer and/or wine in the original, unopened containers for off-premises consumption.	$120
(d) Sell tap beer for off-premises consumption in a sanitary container holding less than four gallons of beer, and brought to the premises by the purchaser.	In conjunction with off-premises privilege outlined in (c) of this subsection.
(e) Sell cider as defined in RCW 66.24.210(6) for off-premises consumption to a purchaser in a sanitary container brought to the premises by the purchaser or provided by the licensee and filled at the tap in the restaurant at the time of purchase. The licensee must comply with federal regulations.	In conjunction with off-premises privilege outlined in (c) of this subsection.
(f) Sell beer in kegs or other containers holding at least four gallons of beer (see WAC 314-02-115 regarding the requirements for registering kegs).	In conjunction with off-premises privilege outlined in (c) of this subsection.

(2) Except as provided in subsection (4) of this section, all applicants for a beer and/or wine restaurant license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant, as defined in RCW 66.04.010.

(a) Minimum food service is required, as defined in WAC 314-02-010.

(b) To obtain and maintain a beer and/or wine restaurant license, the restaurant must be open to the public at least five hours a day, two days a week.

(3) If a beer and/or wine restaurant's dedicated dining area comprises less than 15 percent of the total customer service area, the premises must maintain a tavern license as described in WAC 314-02-070.

(4) When qualifying for and maintaining a beer and/or wine license, a domestic brewery or microbrewery may contract, lease, or sublease the domestic brewery or microbrewery, with one or more individuals or entities to satisfy the food service requirements for beer and wine restaurants in WAC 314-02-010.

(a) For purposes of this section, contracting includes the use of a mobile food unit, as defined in RCW 43.20.025, by a person or entity who sells food and nonalcoholic beverages to the public and does not hold a retail liquor license.

(b) For purposes of this section, leasing and subleasing includes allowing, under contract, the use of a domestic brewery or microbrewery's licensed premises for the preparation and service of food by a nonliquor licensee.

(c) Nothing in this section shall prohibit a domestic brewery or microbrewery from owning and operating a mobile food unit to meet beer and wine restaurant food service requirements.

In such cases:

(5) Contracted food service staff not employed by the licensee are not permitted to serve the alcohol of the licensee.

(6) Any domestic brewery or microbrewery leasing or subleasing space on the licensed premises shall maintain storage space for nontax-paid alcohol that is substantially separated from areas of the premises that are regularly accessed by the owner or staff of a mobile food unit or the owner or staff of an independently operated food service provider. For the purposes of this section, substantially separated may include:

(a) Physically securing nontax-paid alcohol in a manner that is only accessible to employees of the licensed domestic brewery or microbrewery; or

(b) Storing alcohol in areas of the premises that are not regularly accessed by contracted food service provider staff. Any access to spaces by contracted food service providers who are providing contracted food services must be incidental and limited to that which is necessary for the purposes of accessing bathrooms, breakrooms, exits, or other permitted shared spaces.

(7) A domestic brewery or microbrewery contracting or leasing space on its licensed premises must include in the contract or lease:

(a) A diagram of the kitchen plan detailing the space controlled by the contractor providing food service for the domestic brewery or microbrewery;

(b) A notification that the liquor licensed premises, including all space contracted for food service, is subject to inspection by the LCB;

(c) Terms to ensure compliance with the establishment's required hours and days of operation, full meal service requirements, minimum food service requirements, and the contractor's mandate in RCW 66.24.240 to hold necessary kitchen and food service permits from the applicable local jurisdiction.

(8) Any changes to the domestic brewery or microbrewery's contract or lease, vendor, or kitchen plan must be submitted to the board.

Notes: