WSR 14-20-121 PROPOSED RULES LIQUOR CONTROL BOARD [Filed October 1, 2014, 10:35 a.m.]
Supplemental Notice to WSR 14-16-118.
Preproposal statement of inquiry was filed as WSR 14-13-044.
Title of Rule and Other Identifying Information: A new section in Title 314 WAC, WAC 314-02-112 What is a caterer's license? The new rule explains the requirements for the caterer's license and the activities allowed under the license.
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on November 5, 2014, at 10:00 a.m.
Date of Intended Adoption: November 12, 2014.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 09504 [98504], e-mail rules@liq.wa.gov, fax (360) 664-9689, by November 5, 2014.
Assistance for Persons with Disabilities: Contact Karen McCall by November 5, 2014, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: New rules are needed to clarify new legislation that passed in the 2014 legislative session, ESHB 2680.
Reasons Supporting Proposal: Applicants applying for the caterer's license need to know the requirements for the license and what activities are allowed under the license.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor control 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: Alan Rathbun, 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.
October 1, 2014
Sharon Foster
Chairman
NEW SECTION
WAC 314-02-112 What is a caterer's license?
(1) A caterer's license allows the licensee to sell spirits, beer, and wine by the individual serving for consumption on the premises at a catered event location.
(2) The catered event location must be owned, leased, or operated by:
(a) The holder of the caterer's license; or
(b) The sponsor of the event for which the catering services are being provided.
(3) The caterer licensee is responsible for all areas of a location where alcohol is sold, served, consumed, or stored.
(4) If the catered event is open and advertised to the public, the event must be sponsored by a nonprofit society or organization as defined in RCW 66.24.375.
(a) A registered nonprofit holding a public or civic event may invite a caterer to provide alcohol service at a location within the parameters of the event.
(b) If attendance at the catered event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement in subsection (2) of this section does not apply.
(5) A spirits, beer, and wine caterer licensee must have the ability to serve at least eight complete meals. A commissary kitchen, licensed by the city and/or county health department, shall be maintained in a substantial manner as a place for preparing and cooking complete meals. The caterer licensee must maintain the kitchen equipment necessary to prepare the complete meals required under this section. The complete meals must be prepared at the licensed commissary kitchen premises. For the purposes of this title:
(a) "Complete meal" means an entrée and at least one side dish.
(b) "Entrée" means the main course of a meal. Some examples of entrées are fish, steak, chicken, pork, pasta, pizza, hamburgers, seafood salad, Cobb salad, chef's salad, sandwiches, and breakfast items (as long as they include a side dish). Entrées 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.
(6) A beer and wine caterer licensee must have the ability to provide minimum food service. A commissary kitchen shall be maintained in a substantial manner as a place for preparing and cooking minimum food service. The caterer licensee must maintain the kitchen equipment necessary to prepare minimum food service required under this section. The minimum food service must be prepared at the licensed commissary kitchen premises. For purposes of this title:
"Minimum food service" means items such as sandwiches, salad, soup, hamburgers, pizza, and fry orders.
(7) The applicant must provide the liquor control board with a copy of their commissary kitchen license issued by the city or county health department.
(8) The licensee is required to send a list of scheduled catered events to their regional enforcement office on the first of each month. The licensee must provide the following information:
(a) Date of the catered events;
(b) Time of the catered events; and
(c) Place and location of catered events.
Any changes to the information provided to the board must be reported to the regional enforcement office seventy-two hours prior to the catered event.
(9) A caterer's license holder is not allowed to cater events at a liquor licensed premises.
(10) The holder of the caterer's license may store liquor on other premises operated by the licensee if the licensee owns or has a leasehold interest at the other premises. Documentation must be provided to the board showing the licensee owns or has a leasehold interest in the property.
(11) All employees that sell or serve alcohol must hold MAST permits.
(12) The annual fee for the caterer's license is as follows:
(a) The annual fee for beer is two hundred dollars;
(b) The annual fee for wine is two hundred dollars; and
(c) The annual fee for a combined spirits, beer, and wine is one thousand dollars.
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