Title of Rule: WAC 314-16-040 Service limited to license and order -- Removal of liquor in open containers -- Room service -- Price list, 314-16-190 Spirits, beer and wine restaurant -- Qualifications, and 314-16-196 Spirits, beer and wine restaurant -- Floor space requirements -- Conditions for serve bar only premises.

Purpose: The Liquor Control Board has reviewed all of its rules to make them clear and usable, per Governor Locke's Executive Order 97-02. Proposed chapter 314-02 WAC will replace the certain portions of the WACs listed on this notice. These WACs outline the requirements for retail liquor licenses, such as restaurants, taverns, and grocery stores.

Statutory Authority for Adoption: RCW 66.08.030, 66.24.010, 66.24.120.

Statute Being Implemented: RCW 66.24.010, 66.24.120.

Summary: Chapter 314-02 WAC has been adopted by the board and filed with the Office of the Code Reviser as WSR 00-07-091. These WACs outline the requirements for retail liquor licenses, such as restaurants, taverns, and grocery stores. The new WACs will replace the portions of the WACs listed on this notice.

Name of Agency Personnel Responsible for Drafting: Teresa Berntsen, P.O. Box 43080, Olympia, WA 98504, (360) 664-1648; Implementation: David Goyette, P.O. Box 43080, Olympia, WA 98504, (360) 664-1615; and Enforcement: Rick Phillips, P.O. Box 43080, Olympia, WA 98504, (360) 664-1731.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The Liquor Control Board is proposing to repeal the following subsections of chapter 314-02 WAC, Requirements for retail liquor licenses, which will be replaced by new rules adopted by the board.

WAC 314-16-040 (4) and (5) Service limited to license and order -- Removal of liquor in open containers -- Room service -- Price list.

WAC 314-16-190 (2), (3), (4), (6), (7), (8), and (9) Spirits, beer and wine restaurant -- Qualifications.

WAC 314-16-196 (5)(d) Spirits, beer and wine restaurant -- Floor space requirements -- Conditions for serve bar only premises.

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

March 20, 2000

Euguene A. Prince

Chair

OTS-3886.1

AMENDATORY SECTION(Amending WSR 98-18-097, filed 9/2/98, effective 10/3/98)

WAC 314-16-040
Service limited to license and order -- Removal of liquor in open containers -- Room service -- Price list.

(1) No retail licensee shall possess or allow any person to consume or possess any liquor other than that permitted by his license in or on the licensed premises, or on any public premises adjacent thereto which are under his control except under authority of a banquet permit; however, a restaurant licensee may, with or without a corkage fee, allow patrons to bring wine into the premises for consumption with a meal.

(2) Beer and/or wine only licensees may keep spirituous liquor on the premises for use in the manufacture of confection or food products provided that prior written permission of the board is obtained, all confection or food products manufactured contain one percent or less of alcohol by weight, and customers are made aware that such confection or food products contain liquor and the alcohol content is one percent or less of the weight of the product.

(3) No retail licensee or employee thereof shall permit the removal of any liquor in an open container from the licensed premises except that liquor brought on a licensed premises under authority of a banquet permit shall be recorked, recapped or resealed in its original container and shall be removed at the termination of such banquet permit function.      Further, wine may be removed as authorized by RCW 66.24.320 and 66.24.400.

(4) ((No holder of a spirits, beer and wine restaurant license shall be permitted to hold any other class of retail license covering the premises so licensed.      Upon the granting of a spirits, beer and wine restaurant license, all other classes of retail licenses which may be held by such new spirits, beer and wine restaurant licensee at that time at the premises to be so licensed must be surrendered to the board for cancellation.

(5) When a hotel and restaurant are located in the same building or in adjoining buildings and owned by the same person or entity, room service may be provided to the hotel patrons.      When the restaurant and hotel are under separate ownership, room service is authorized only when a limited lease or agreement for that purpose has been submitted to and approved by the board.

(6))) No licensee shall sell or serve any spirituous liquor, beer, or wine other than ordered, or substitute a nonalcoholic beverage when an alcoholic beverage has been ordered.      A spirits, beer and wine restaurant licensee shall display prices for all liquor either by posting a price list or by using menus listing such prices, or by both.

(((7))) (5) No holder of a beer and/or wine restaurant license shall advertise for sale, nor sell, any mixed drink under the name of "Old Fashioned," "Whiskey Sour," "Singapore Sling," "Martini," "Manhattan," nor any other name which, by long and general usage, has become associated in the public mind as being the name of a mixed drink made from spirituous liquor, unless the name of such drink is prefaced by the word "wine," such as Wine Old Fashioned.      The holder of a beer and/or wine restaurant license may advertise for sale, mix, compound or sell upon order, mixed drinks made from one or more wines under a name which does not conflict with this section.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150.      98-18-097, § 314-16-040, filed 9/2/98, effective 10/3/98.      Statutory Authority: RCW 66.08.030.      88-23-100 (Order 261, Resolution No. 270), § 314-16-040, filed 11/22/88; 87-20-014 (Order 228, Resolution No. 237), § 314-16-040, filed 9/29/87; 86-07-015 (Order 179, Resolution No. 188), § 314-16-040, filed 3/11/86; 85-06-023 (Order 155, Resolution No. 164), § 314-16-040, filed 2/27/85.      Statutory Authority: RCW 66.08.030 and 66.98.070.      84-11-092 (Order 142, Resolution No. 151), § 314-16-040, filed 5/23/84.      Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070.      80-02-094 (Order 69, Resolution No. 78), § 314-16-040, filed 1/23/80; Rule 19, filed 6/13/63.]

(1) Definitions: For the purpose of this section:

(a) Complete meals means any combination of foods consisting of an entree and at least one additional course that is prepared and cooked on the premises and, except as provided in subsection (5) of this section, requires the use of dining implements for consumption.

(b) Entree means the main course of a meal to include meat, fish, fowl, eggs, vegetarian meat substitutes, pasta, or any combination thereof.      Except as provided in subsection (5) of this section, such entree must be heated by means of baking, roasting, broiling, or grilling.

(c) Minimum food service means sandwiches and/or short orders such as deep fried foods, hors d'oeuvres, soup, or chili.      Snacks such as peanuts, popcorn, and chips are not sufficient to meet the minimum food service requirement.

(2) ((All restaurant applicants for a spirits, beer and wine license, in addition to furnishing all requested material and information relating to the premises applied for and their personal qualifications, shall establish to the satisfaction of the board that the premises will commence as, and continue to operate as, a bona fide restaurant as required by RCW 66.24.400 and 66.24.410(2).

(3) A restaurant applicant for a spirits, beer and wine license shall be subject to the following requirements which are conditions precedent to action by the board on the application:

(a) The applicant shall furnish to the board a detailed blueprint of the entire premises to be licensed drawn to scale of one-fourth inch to one foot.      This blueprint shall include the kitchen equipment layout plus a detailed listing of the kitchen equipment and its approximate value.      The kitchen equipment shall include, at a minimum, adequate refrigeration, oven, grill, cooktop, and/or broiler to support the menu.

(b) Prior to delivery of the license the board shall receive a verification from its enforcement officer, based upon an inspection of the premises, that the kitchen equipment designated in (a) of this subsection is in place and is operational.

(4) In any case where the board has a concern as to the applicant's qualifications, based on the applicant's experience; the adequacy of the proposed facility; the proposed method of operation; the applicant's financial stability; or for any other good and sufficient reason, the board may require such applicant to submit figures reflecting operation as a restaurant for a period to be designated by the board.      The submission of these operating figures shall be a condition precedent to the board making a decision on a license application.      Any applicant required to submit operating figures for a period designated by the board, shall not thereby be deemed to have acquired a vested right to have the license applied for issued merely because the requested figures have been submitted.

(5))) Each spirits, beer and wine restaurant licensee shall conspicuously display or provide to any patron upon request, a menu offering a variety of at least five entrees accompanied by such other foods as to constitute a complete meal.      One of the five entrees may consist of pizza or a deep fried food.      Where salad bars or other buffet-type meals are offered, one or more entrees may be included to count toward the five entree requirement.

(((6) The restaurant area of any spirits, beer and wine restaurant shall be open to the public for service of complete meals, with a minimum selection of five entrees, at least five days a week, unless otherwise authorized in writing by the board to alleviate demonstrated hardship, and such service of complete meals shall be available to the public for five hours a day between the hours of 11:00 a.m. and 11:00 p.m. on any day liquor is offered for sale, service or consumption, unless otherwise authorized in writing by the board to alleviate demonstrated hardship.      The hours of complete meal service shall be conspicuously posted for public viewing.      A chef or cook shall be on duty during the hours when complete meal service is available.      At all other times when the restaurant area is not open for service of complete meals, but liquor is offered for sale, service or consumption on the licensed premises, minimum food service shall be available for sale to the public.      Notice of such minimum food service availability shall be conspicuously posted in all areas where liquor is being served.

(7) The licensee shall maintain the ingredients necessary to provide complete meals including at least five different entrees during those times as required in subsection (5) of this section and minimum food service at all other times.      Such ingredients shall be fresh, palatable, and relate to the menu so posted or available to the public.

(8) The refusal or failure by any licensee or employee thereof to provide complete meals or minimum food service shall be prima facie evidence of a violation of this section.

(9) In the event a spirits, beer and wine restaurant licensee shall fail to comply with any of the foregoing requirements, and such licensee has been notified that they will not be eligible to retain its spirits, beer and wine restaurant license, such licensee may petition the board setting forth unusual, extenuating and mitigating circumstances for the failure to comply and the board may consider such reasons and may grant an extension of the spirits, beer and wine restaurant license under such terms and conditions as the board determines are in the best interest of the public.))

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150.      98-18-097, § 314-16-190, filed 9/2/98, effective 10/3/98.      Statutory Authority: RCW 66.08.030.      95-16-008, § 314-16-190, filed 7/20/95, effective 8/20/95; 93-10-092, § 314-16-190, filed 5/4/93, effective 6/4/93.      Statutory Authority: RCW 66.98.070.      88-07-058 (Order 240, Resolution No. 249), § 314-16-190, filed 3/15/88.      Statutory Authority: RCW 66.08.030 and 66.98.070.      85-14-107 (Order 160, Resolution No. 169), § 314-16-190, filed 7/3/85; 78-07-002 (Order 66, Resolution No. 75), § 314-16-190, filed 6/9/78; Order 55, § 314-16-190, filed 5/31/77, effective 7/1/77; Order 52, § 314-16-190, Rule 35, filed 1/18/77, effective 2/18/77.]

(1) Definitions.      For the purpose of this section:

(a) "Banquet room" means any room used primarily for the sale and service of food and liquor to private groups.

(b) "Cabaret" means a dining area also used to conduct entertainment such as live music, patron dancing, comedy and floor shows.

(c) "Cocktail lounge" means that portion of a licensed premises used primarily for the preparation, sale and service of liquor.      Persons under twenty-one years of age are not permitted to enter a cocktail lounge except as otherwise provided under this title.

(d) "Public service area" means those public areas where food and/or liquor is normally sold and served to the general public.

(e) "Dining room" means that area dedicated to the sale and service of food with liquor being incidental to dining.      A dining area must be separate and apart from a dance floor, entertainment stage, cocktail lounge or game area except if written permission is given by the board to use a dining area during specified times as a cabaret area.

(f) "Service bar" means any fixed or portable table, counter, cart or similar work station primarily used to prepare, mix, serve and sell liquor for pickup only, by employees and customers.

(2) Before the board shall issue a spirits, beer and wine restaurant license to a bona fide restaurant, the applicant shall submit, as a part of or in addition to the blueprint required by WAC 314-16-190 (2)(a), a scale drawing one-quarter inch equals one foot of the proposed premises indicating that the area designated as the primary dining room(s) comprises at least fifteen percent of the total public service area: Provided,

(a) Banquet rooms are permitted without limitations as to number or size.

(b) Routine sale and service of liquor in a banquet room to the public requires written board approval.

(3) The boundary of a cocktail lounge or other restricted area shall be clearly defined as a separate and distinct area by fixed or movable barriers, including, but not limited to, railings, ropes and stanchions, shrubbery or other closely placed plantings, etc.

(a) Restricted area entrances may be no wider than ten feet.

(b) Minor prohibited signs as required by WAC 314-16-025 must be placed at all restricted area entrances and other locations as necessary.

(c) The licensee is responsible to construct and post restricted area boundaries to reasonably prevent unauthorized persons from entering such areas.

(d) Movable barriers may not be placed so as to reduce the required dining area to less than fifteen percent.

(4) In spirits, beer and wine restaurant premises with a cocktail lounge, any portable service bar(s) may be placed in, or moved about, public service areas other than the dining area(s) without need for separate board approval.

(a) Any permanently fixed service bar(s) must be included as part of original floor plans or submitted as an alterations request, requiring board approval.

(b) Customers may not be seated or allowed to consume food or liquor at the service bar(s).

(5) Spirits, beer and wine restaurant licensees/applicants may have a service bar(s) without regard to the floor space requirements of subsection (2) of this section, in lieu of a cocktail lounge on the following conditions:

(a) Location of permanently fixed service bar(s) shall be approved, in writing, by the board.

(b) Customers may not be seated or allowed to consume food or liquor at the service bar(s).

(c) Liquor sale, service and consumption may take place only during hours that the full restaurant menu is available and a chef or cook is on duty.

(((d) A spirits, beer and wine licensed restaurant having a service bar(s) only, is not eligible for entertainment except for the added activity of live background music.      Written board approval is required.))

(6) If the board issues a spirits, beer and wine restaurant license to a bona fide restaurant which has a service bar in lieu of an approved cocktail lounge and the licensee subsequently applies for approval to install a cocktail lounge, the board will process such a change in the same manner as an application for a new spirits, beer and wine restaurant license (i.e., notice will be posted at the premises, notice will be given to local officials, and nearby churches and schools will be notified).

(7) The board may approve variations to the floor space requirement of this subsection where the applicant/licensee can demonstrate to the satisfaction of the board that the proposed layout would best suit the available floor space.

[Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150.      98-18-097, § 314-16-196, filed 9/2/98, effective 10/3/98.      Statutory Authority: RCW 66.08.030.      96-03-005, § 314-16-196, filed 1/4/96, effective 2/4/96; 95-20-005, § 314-16-196, filed 9/21/95, effective 10/22/95; 93-10-092, § 314-16-196, filed 5/4/93, effective 6/4/93; 92-14-025, § 314-16-196, filed 6/22/92, effective 7/23/92.      Statutory Authority: RCW 66.08.030 and 66.08.080.      87-02-011 (Order 208, Resolution No. 217), § 314-16-196, filed 12/30/86.      Statutory Authority: RCW 66.98.070.      86-15-066 (Order 194, Resolution No. 203), § 314-16-196, filed 7/22/86.      Statutory Authority: RCW 66.08.030 and 66.98.070.      83-13-056 (Order 125, Resolution No. 134), § 314-16-196, filed 6/15/83.]

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