WSR 00-07-091

PERMANENT RULES

LIQUOR CONTROL BOARD


[ Filed March 15, 2000, 3:32 p.m. ]

Date of Adoption: February 22, 2000.

Purpose: The Liquor Control Board is currently undergoing a review of all of its rule to make them clear and usable, per Governor Locke's Executive Order 97-02. Proposed chapter 314-02 WAC would replace other WACs and policies that 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.

Adopted under notice filed as WSR 99-23-105 on November 17, 1999.

Changes Other than Editing from Proposed to Adopted Version: 1. WAC 314-02-010.

2. (3) Definitions. The definition of a "dedicated dining area" in subsection (3) was changed in order to remove the reference to dance floors and counters with alcohol service. These issues will be covered in future rule making.

3. WAC 314-02-015 (1)(b)(c) What is a spirits, beer, and wine restaurant license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors. Also a relevant statute is cited in the corrected version.

4. WAC 314-02-020(2) What are the fee categories for a spirits, beer, and wine restaurant license? The definition of a dedicated dining area cited in another proposed rule (WAC 314-02-010(3)) was added to this rule for clarity.

5. WAC 314-02-025 What are the floor space requirements to obtain and maintain a spirits, beer, and wine restaurant? Two changes were made to this section: (1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant. (2) The following language regarding the placement of barriers was removed from subsection (1), "...in such a way as to reasonably prevent authorized persons from entering the areas." The current board policy requiring barriers to be at least 42" in height will remain in effect pending future rule making.

6. WAC 314-02-030 Can a spirits, beer, and wine restaurant exclude persons under twenty-one yeas of age from the premises? Two changes were made to this section: (1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant. (2) For clarity, language was added to explain how an existing licensee who allows persons under 21 years of age on their premises can apply to the Board to exclude such persons.

7. WAC 314-02-035 What are the food requirements for a spirits, beer, and wine restaurant license? Subsection(1) of this proposed rule was removed, which stated the premises must serve the complete meals outlined by law. The current rule regarding complete meals, WAC 314-16-190(1), will remain in effect pending future rule making.

8. WAC 314-02-045 What is a beer and/or wine restaurant license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.

9. WAC 314-02-050 What are the floor space requirements to obtain and maintain a beer and/or wine restaurant? Two changes were made to this section: (1) For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant. (2) The following language regarding the requirements for barriers was removed from subsection (1), "...in such a way as to reasonably prevent authorized persons from entering the areas." The current board policy requiring barriers to be at least 42" in height will remain in effect pending future rule making.

10. WAC 314-02-055 Can a beer and/or wine restaurant exclude persons under twenty-one years of age from the dining area? For clarity, a separate rule was created to outline the floor space requirements for a spirits, beer, and wine restaurant and for a beer and/or wine restaurant.

11. WAC 314-02-065 What is a snack bar license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.

12. WAC 114-02-070 What is a tavern license? Technical changes were made to the description of the privileges allowed for this license by law. The previous text contained technical errors.

13. WAC 314-02-105 What is a beer and/or wine specialty store license? Language regarding the requirements for a beer and/or wine specialty store license to sample product on the premises was moved to the correct location. The previous version of the proposed rules implied that the requirements to sample product where the same requirements to hold the basic privileges of the license.

14. WAC 314-02-125(3) What types of activities on a licensed premises require notice to the board? Language was added to subsection(3) to clarify the definition of a "contest with patron participation."

15. WAC 314-02-130(2) What types of changes to a licensed premises require board approval? Language was changed in subsection(2) to clarify that licensees need to receive prior approval for any alteration that affects the premises' customer service area (as opposed to any alteration that affects the total size of the premises).

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 Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 24, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 24, Amended 0, 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 24, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 13, 2000

Eugene Prince

Chair

Chapter 314-02 WAC

REQUIREMENTS FOR RETAIL LIQUOR LICENSEES

[NEW SECTION]WAC 314-02-005
What is the purpose of chapter 314-02 WAC?

Chapter 314-02 WAC outlines the qualifications for the following liquor licenses and permits:

(1) Spirits, beer, and wine restaurants;

(2) Beer and/or wine restaurants;

(3) Snack bars;

(4) Taverns;

(5) Motels;

(6) Bed and breakfasts;

(7) Nonprofit arts organizations;

(8) Public houses;

(9) Grocery stores;

(10) Beer/wine specialty shops; and

(11) Beer/wine gift delivery business.

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Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
NEW SECTION
WAC 314-02-010
Definitions.

The following definitions are to clarify the purpose and intent of the rules and laws governing liquor licenses and permits. Additional definitions can be found in RCW 66.04.010.

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

(2) "Customer service area" means areas where food and/or liquor are normally sold and served to the public, i.e., lounges and dining areas. A banquet room is not considered a customer service area.

(3) "Dedicated dining area." In order for an area to qualify as a dedicated dining area, it must be a distinct portion of a restaurant that is used primarily for the sale, service, and consumption of food, and have accommodations for eating, e.g., tables, chairs, booths, etc.

(4) "Liquor" means beer, wine, or spirits (per RCW 66.04.010(19) - Definitions).

(5) "Lounge" means the portion of a restaurant used primarily for the preparation, sale, and service of beer, wine, or spirits. Persons under twenty-one years of age are not allowed in a lounge (see RCW 66.44.316 for information on employees and professional musicians under twenty-one years of age).

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NEW SECTION
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 serving for on-premises consumption;

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

(c) Serve wine for on-premises consumption (see RCW 66.24.400 regarding patrons removing recorked wine from the premises).

(2) Per RCW 66.24.400, this license prohibits licensees from selling alcohol for off-premises consumption.

(3) 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" is defined in RCW 66.24.410(2).

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NEW SECTION
WAC 314-02-020
What are the fee categories for a spirits, beer, and wine restaurant license?

(1) Per RCW 66.24.420, the annual fee for a spirits, beer, and wine restaurant license is graduated, as follows:


Amount of customer service area dedicated to dining Annual fee
100% $1,000
50 - 99% $1,600
Less than 50% $2,000

(2) In order for an area to qualify as a dedicated dining area it must be a separate and distinct portion of a restaurant that is used primarily for the sale, service, and consumption of food, and have accommodations for eating, e.g., tables, chairs, booths, etc.

(3) The fee for a spirits, beer, and wine restaurant license outside of an incorporated city or town will be prorated according to the calendar quarters the licensee is open for business. This proration does not apply in the case of a suspension or revocation of the license.

(4) A duplicate license is required in order to sell liquor from more than one site on your property. These sites must be located on the same property and owned by the same licensee. The following types of businesses may apply for a duplicate license:


Type of Business Annual fee per duplicate license
Airport terminal 25% of annual license fee
Civic center (such as a convention center) $10
Privately owned facility open to the public $20

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NEW SECTION
WAC 314-02-025
What are the floor space requirements to obtain and maintain a spirits, beer, and wine restaurant license?

(1) Barriers - Licensees must place identifiable barriers around areas that are restricted from persons under twenty-one years of age. "Minor prohibited" signs, as required by WAC 314-16-025, must be posted at each entrance to such areas.

(2) Floor plans - When applying for a license, the applicant must provide to the board's licensing and regulation division two copies of a detailed drawing of the entire premises. The drawing must:

(a) Be drawn one foot to one-quarter-inch scale;

(b) Have all rooms labeled according to their use; e.g., dining room, lounge, game room, kitchen, etc.; and

(c) Have all barriers labeled in a descriptive way; e.g., "full wall," "half wall," etc.

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NEW SECTION
WAC 314-02-030
Can a spirits, beer, and wine restaurant exclude persons under twenty-one years of age from the premises?

A spirits, beer, and wine restaurant licensee may exclude persons under twenty-one years of age from the entire premises at all times or at certain times as approved by the board.

(1) To exclude persons under twenty-one years of age from the entire licensed premises, the applicant or licensee must:

(a) indicate during the liquor license application process that he/she does not wish to have persons under twenty-one years of age on the entire premises at any time; or

(b) if already licensed as a spirits, beer, and wine restaurant that allows person under twenty-one years of age, the applicant may request permission from the board's licensing and regulation division to exclude persons under twenty-one years of age, per WAC 314-02-130.

(c) Spirits, beer, and wine restaurant licensees who exclude persons twenty-one years of age from the entire premises at all times must:

(i) place the required barriers around dedicated dining areas (see WAC 314-02-025(1)); and

(ii) meet all other requirements of this license, including the food service requirements outlined in WAC 314-02-035.

(2) Restaurants that have less than fifteen percent of their total customer service area dedicated to dining must exclude persons under twenty-one years of age from the entire premises. The licensee must:

(a) Pay the two thousand dollars annual license fee; and

(b) Meet all other requirements of this license, including the food service requirements outlined in WAC 314-02-035.

(3) To exclude persons under twenty-one years of age from the entire licensed premises during a portion of the day or week or on a one-time-only basis, the applicant or licensee must:

(a) request permission from the board, see WAC 314-02-130(1); and

(b) meet all other requirements of the license, including the food service requirements outlined in WAC 314-02-035.

(4) See WAC 314-16-025 regarding requirements for "minors prohibited" signage.

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NEW SECTION
WAC 314-02-035
What are the food requirements for a spirits, beer, and wine restaurant license?

(1) The restaurant must maintain the kitchen equipment necessary to prepare the complete meals required by RCW 66.24.410(2) and WAC 314-16-190.

(2) The complete meals must be prepared on the restaurant premises.

(3) A chef or cook must be on duty while complete meals are offered.

(4) A menu must be available to customers that lists, at a minimum, the required complete meals.

(5) The food items required to maintain the menu must be on the restaurant premises. These items must be edible.

(6) Restaurants that have one hundred percent dedicated dining area must maintain complete meal service any time liquor is available for sale, service, or consumption.

(7) Restaurants with less than one hundred percent dedicated dining area (restaurants in the one thousand six hundred dollar or two thousand dollar fee category) must maintain complete meal service for a minimum of five hours a day on any day liquor is served.

(a) Minimum food service, such as sandwiches, hamburgers, or fry orders, must be available outside of these hours.

(b) Snacks such as peanuts, popcorn, and chips do not qualify as minimum food service.

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

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NEW SECTION
WAC 314-02-040
Can a hotel with a spirits, beer, and wine restaurant license sell liquor by the bottle to guests?

(1) RCW 66.24.400 allows a spirits, beer, and wine restaurant in a hotel or club with overnight sleeping accommodations to sell liquor by the bottle to registered guests. The hotel or club must be licensed as a "transient accommodation" under chapter 70.62 RCW.

(a) The licensee must verify that the person purchasing the liquor is a registered guest who is at least twenty-one years of age.

(b) The bottle of liquor may be consumed only in a guest, hospitality, or banquet room.

(c) Guests may remove any unused portion of the bottle of liquor from the premises.

(2) A spirits, beer, and wine restaurant in a hotel or club with overnight sleeping accommodations may sell liquor from honor bars, under the definitions and guidelines in WAC 314-02-080.

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NEW SECTION
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. $200
(b) Serve wine for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked wine from the premises). $200
(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 subsection (c).
(e) 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 subsection (c).

(2) 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(29).

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

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NEW SECTION
WAC 314-02-050
What are the floor space requirements to obtain and maintain a beer and/or wine restaurant license?

(1) Barriers - Licensees must place barriers around areas that are restricted from persons under twenty-one years of age. These barriers must be at least 42" in height. "Minor prohibited" signs, as required by WAC 314-16-025, must be posted at each entrance to such areas.

(2) Floor Plans - The applicant must provide two copies of a detailed drawing of the entire premises to be licensed, to the board's licensing and regulation division. The drawing must:

(a) Have all rooms labeled according to their use; e.g., dining room, lounge, game room, kitchen, etc.; and

(b) Have all barriers labeled in a descriptive way; e.g., "full wall," "half wall," etc.

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NEW SECTION
WAC 314-02-055
Can a beer and/or wine restaurant exclude persons under twenty-one years of age from the dining area?

(1) To exclude persons under twenty-one years of age from the dining area during a portion of the day or week or on a one-time-only basis, the applicant or licensee must request permission from the board (see WAC 314-02-130(1)).

(2) See WAC 314-16-025 regarding requirements for "minors prohibited" signage.

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NEW SECTION
WAC 314-02-060
What is a caterer's endorsement?

(1) A spirits, beer, and wine restaurant and a beer and/or wine restaurant applicant or licensee may apply for a caterer's endorsement, in order to extend the on-premises license privilege to allow the sale and service of liquor at approved locations other than the licensed premises. See RCW 66.24.420(6) and RCW 66.24.320(2) for more information about this endorsement.

(2) The annual fee for this endorsement is three hundred fifty dollars.

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NEW SECTION
WAC 314-02-065
What is a snack bar license?

(1) Per RCW 66.24.350, a snack bar license allows a licensee to serve beer by the opened bottle or can for on-premises consumption only.

(2) Snack bar licensees must have food available whenever beer is sold or served.

(3) The annual fee for this license is one hundred twenty-five dollars.

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NEW SECTION
WAC 314-02-070
What is a tavern license?

(1) Per RCW 66.24.330 and 66.24.354, this license allows a tavern to:


Privilege Annual fee
(a) Serve beer by the bottle or can or by tap for on-premises consumption. $200
(b) Serve wine for on-premises consumption. $200
(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 subsection (c).
(e) Sell beer in kegs or other containers holding at least four gallons of beer (see WAC 314-02-110 regarding the requirements for registering kegs). In conjunction with off-premises privilege outlined in subsection (c).

(2) A tavern licensee may not allow persons under twenty-one years of age on the premises at any time (see RCW 66.44.316 for information regarding employees and professional musicians under twenty-one years of age).

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NEW SECTION
WAC 314-02-075
What is a motel license?

(1) Per RCW 66.24.540, a motel license allows a motel to:

(a) Sell liquor in locked honor bars in no more than one-half of its guest rooms, provided that:

(i) Rooms are rented to guests, at a minimum, on a daily rental basis; and

(ii) Each honor bar also contains snack food; and

(b) Provide beer and wine by the individual serving to overnight guests of the motel, without additional charge, for on-premises consumption at a specified regular date, time, and place (such as a hospitality room). Patrons may not self-serve during these functions.

(2) The motel must be licensed as a "transient accommodation" per chapter 70.62 RCW.

(3) The annual fee for this license is five hundred dollars.

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NEW SECTION
WAC 314-02-080
What are the requirements for a motel licensee or a hotel with a spirits, beer, and wine restaurant license to sell liquor in honor bars?

For the purposes of this chapter, an "honor bar" is a cabinet, box, cooler, or refrigerator in a guest room that can be opened only with a key, combination, magnetic card, or similar device. The following requirements apply to the use of an honor bar:

(1) The licensee must require proof of age before providing a guest access to an honor bar. The guest must sign a declaration, under penalty of perjury, verifying that:

(a) The guest is twenty-one years of age or older; and

(b) No one under twenty-one years of age will have access to the liquor in the honor bar.

(2) The honor bars must remain locked whenever the room is rented to a guest under twenty-one years of age.

(3) All liquor stored on the licensed premises must be either locked in an honor bar or locked in a secured liquor storage room.

(4) No person under twenty-one years of age may have access to the honor bars, liquor storage rooms, or keys, combinations, etc., to the locked honor bars or storage rooms.

(5) A honor bar or storage room may only be replenished during those hours when liquor may legally be sold (not between 2:00 a.m. and 6:00 a.m.), and only by employees who are twenty-one years of age or older. Beer and wine wholesalers may deliver, price, and stock product only in storage rooms.

(6) Liquor in honor bars may only be sold in individual containers in the following sizes:

(a) Spirits - not to exceed fifty milliliters;

(b) Beer - not to exceed twelve ounces; and

(c) Wine - not to exceed one hundred eighty-seven milliliters.

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NEW SECTION
WAC 314-02-085
What is a bed and breakfast permit?

(1) Per RCW 66.20.010(11), this permit allows a bed and breakfast lodging facility to serve beer or wine without charge to overnight guests, for consumption on the premises.

(2) RCW 66.20.010(11) defines a "bed and breakfast" as a hotel or similar facility offering from one to eight lodging units and breakfast to travelers or guests.

(3) The annual fee for this permit is seventy-five dollars.

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NEW SECTION
WAC 314-02-090
What is a nonprofit arts organization license?

(1) Per RCW 66.24.495, this license allows a bona fide nonprofit organization to sell beer, wine, and spirits by the individual serving in conjunction with artistic or cultural exhibitions or performances.

(2) The nonprofit organization must be organized and operated for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs for viewing by the general public. See RCW 66.24.495(2) for specific organizational requirements.

(3) The annual fee for this license is two hundred fifty dollars.

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NEW SECTION
WAC 314-02-095
What is a public house license?

(1) Per RCW 66.24.580, a public house licensee is allowed to:

(a) Manufacture between two hundred fifty gallons and two thousand four hundred barrels of beer on the premises per year;

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

(c) Serve wine for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked wine from the premises).

(2) The annual fee for this license is one thousand dollars.

(3) If a public house licensee wishes to allow persons under twenty-one years of age on the premises, the licensee must meet the requirements of a beer and/or wine restaurant license, per WAC 314-02-045 and 314-02-050.

(4) Public house licensees may apply for a spirits, beer, and wine restaurant license, in order to sell spirits by the individual serving for on-premises consumption (see WAC 314-02-015).

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NEW SECTION
WAC 314-02-100
What is a grocery store license?

(1) Per RCW 66.24.360, a grocery store license allows a licensee to sell beer and/or wine for off-premises consumption.

(2) The annual fee for this license is one hundred fifty dollars.

(3) In order to obtain and maintain a grocery store license, the premises must be stocked with an inventory of at least three thousand dollars wholesale value of food for human consumption, not including soft drinks, beer, or wine. This minimum inventory must be:

(a) stocked within the confines of the licensed premises; and

(b) maintained at the premises at all times the business is licensed, with the exception of:

(i) The beginning and closing inventory for seasonal operations; or

(ii) When the inventory is being sold out immediately prior to discontinuing or selling the business.

(4) A grocery store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

(5) A grocery store applicant or licensee may apply for an international exporter endorsement for five hundred dollars a year, which allows the sale of beer and wine for export to locations outside the United States.

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NEW SECTION
WAC 314-02-105
What is a beer and/or wine specialty store license?

(1) Per RCW 66.24.371, a beer and/or wine specialty store license allows a licensee to sell beer and/or wine for off-premises consumption.

(2) The annual fee for this license is one hundred dollars.

(3) To obtain and maintain a beer and/or wine specialty store license, the premises must be stocked with an inventory of beer and/or wine in excess of three thousand dollars wholesale value. This inventory must be:

(a) Stocked within the confines of the licensed premises; and

(b) Maintained on the premises at all times the premises is licensed, with the exception of beginning and closing inventory for seasonal operations or when the inventory is being sold out immediately prior to discontinuing or selling the business.

(4) A beer and/or wine specialty store licensee may allow customers to sample beer and wine for the purpose of sales promotion, if the primary business is the sale of beer and/or wine at retail. A licensee's gross retail sales of beer and/or wine must exceed fifty percent of all gross sales for the entire business. Sampling may be conducted under the following conditions:

(a) Each sample must be two ounces or less;

(b) No more than four samples may be provided to a customer during any one visit to the premises; and

(c) No more than one sample of any single brand and type of beer or wine may be provided to a customer during any one visit to the premises.

(5) A beer and/or wine specialty store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

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NEW SECTION
WAC 314-02-110
What is a beer and/or wine gift delivery license?

(1) Per RCW 66.24.550, a beer and/or wine gift delivery license allows a business that is primarily engaged in the retail sale of gifts or flowers to deliver beer and/or wine in bottles or original packages. The beer or wine must be delivered in conjunction with the gifts or flowers.

(2) The annual fee for this license is seventy-five dollars.

(3) An applicant must meet the following requirements to obtain and maintain a beer and/or wine gift delivery license:

(a) The business must be primarily engaged in the retail sale of gifts or flowers. In order to determine that the business meets this qualification, the board may inspect an applicant's or licensee's inventory, sales figures, and business records.

(b) A beer and/or wine gift delivery licensee may not hold any other class of liquor license.

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NEW SECTION
WAC 314-02-115
What are the requirements for licensees that sell keg beer?

Per RCW 66.28.200 and 66.28.210, any licensee who sells beer for off-premises consumption in kegs or other containers holding four or more gallons of beer must:

(1) Require the purchaser to provide at least one piece of identification (see RCW 66.16.040 for acceptable forms of identification); and

(2) The licensee or employee and purchaser must fill out a keg registration form, provided by the board, which contains:

(a) The name and address of the purchaser;

(b) The type and number of the identification presented by the purchaser;

(c) The address where the beer will be consumed and the date on which it will be consumed; and

(d) A sworn statement, signed by the purchaser under penalty of perjury, that the purchaser:

(i) Is at least twenty-one years of age;

(ii) Will not allow persons under twenty-one years of age to consume the beer purchased;

(iii) Will not remove or obliterate the keg registration form affixed to the keg or allow it to be removed or obliterated; and

(iv) The address listed in (c) of this subsection is the true and correct address at which the beer will be consumed or physically located.

(3) It is the licensee's or employee's responsibility to distribute the properly completed keg registration form as follows:

(a) One copy to the purchaser;

(b) One copy affixed to the keg or container holding four gallons or more of beer, prior to it leaving the licensed premises; and

(c) One copy must be retained on the licensed premises for one year, available for inspection and copying by any law enforcement officer.

(4) Possession of a keg or other container which holds four gallons or more of beer without a properly completed keg registration form affixed to it, other than on the licensee's premises, will be a violation of this title.

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NEW SECTION
WAC 314-02-120
How do licensees get keg registration forms?

(1) The board will provide keg registration forms free-of-charge to licensees who hold a beer restaurant or tavern license in combination with an off-premises beer and/or wine endorsement.

(2) Licensees who hold only an off-premises beer and/or wine license must purchase the keg registration forms from their local board enforcement office for four dollars per book of twenty-five forms.

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NEW SECTION
WAC 314-02-125
What types of activities on a licensed premises require notice to the board?

Liquor licensees must notify their local enforcement office in writing at least forty-eight hours before conducting the following activities:

(1) Male/female dance reviews, subject to the provisions of WAC 314-16-125;

(2) Live boxing or wrestling;

(3) Contests or games where patrons are part of the entertainment; and

(4) Hours of operation in between 2:00 a.m. and 6:00 a.m. for licensees that sell liquor for on-premises consumption.

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NEW SECTION
WAC 314-02-130
What types of changes to a licensed premises require board approval?

The following changes to a licensed premises require prior board approval, by submitting a form provided by the board's licensing and regulation division:

Type of alteration Approval process and timeline
(1)

excluding persons under twenty-one years of age from a spirits, beer, and wine restaurant;

(a) The board's licensing and regulation division will respond to the request for alteration within five business days.
excluding persons under twenty-one years of age from the dining area of a beer and/or wine restaurant;

reclassifying a lounge as open to persons under twenty-one years of age;

(b) The licensee may begin liquor service in conjunction with the alteration as soon as approval is received.
extending the location of alcohol service, such as a beer garden or patio/deck service (areas must be enclosed with a barrier a minimum of forty-two inches in height); (c) Board approval will be based on the alteration meeting the requirements outlined in this title.
storing liquor off of the licensed premises;
initiating room service in a hotel or motel when the restaurant is not connected to the hotel or motel;
installing a pass-through window for walk-up customers; and
using a licensed premises as an access to another business.
(2)

any alteration that affects the size of a premises' customer service area.

(a) The board's licensing and regulation division will respond to the licensee's request for alteration within five business days.

(b) The licensee must contact their local liquor control agent when the alteration is completed.
(c) The licensee may begin liquor service in conjunction with the alteration after the completed alteration is inspected by the liquor control agent.
(d) Board approval will be based on the alteration meeting the requirements outlined in this title.

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Washington State Code Reviser's Office