Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Commerce & Gaming Committee

HB 1108

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

No business may serve beer, wine, or spirits for on-premises consumption without a license from the Liquor Control Board (LCB). Washington liquor statutes authorize various types of licenses, including the beer and/or wine restaurant license.

With respect to all licensees, the LCB is authorized, among other things, to prescribe:

the terms and conditions to be contained in permits and licenses and the qualifications for receiving a permit or license;
the fees payable for any permits and licenses issued under Title 66 for which no fees are prescribed, as well as the fees for anything done or permitted to be done under the regulations adopted by the LCB; and
the conditions, accommodations, and qualifications requisite for the obtaining of licenses to sell beer, wine, and spirits, and regulating the sale of beer, wine, and spirits pursuant to those licenses.

Pursuant to this authority, the LCB adopted rules regarding requirements and restrictions for beer and/or wine restaurant licenses. Under those rules, the business must demonstrate that it is a bona fide restaurant ("any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public, not including drug stores and soda fountains") and that it provides minimum food service ("sandwiches, salad, soup, pizza, hamburgers, and fry orders"). The restaurant must also have a "dedicated dining area."

Summary of Bill:

Creates a liquor license allowing food trucks to sell beer and/or wine within a designated outdoor premises. Applicants for a license must: (1) show that local ordinance allows such sales; (2) clearly define the outdoor premises; and (3) show that the owner of the premises allows the sale and consumption of alcohol. The license fee is $400.

Multiple food trucks sharing the same premises also share a license, and they may allow guest co-licensees to share the premises for a period of up to 60 days. Guest co-licensees must pay a fee of $100.

Beer or wine may not be served alone; they must be accompanied by food with every purchase.

The LCB is required to adopt rules implementing the license and is given authority to inspect the food truck wherever the vehicle is located at the time of inspection.