WSR 12-12-011

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed May 24, 2012, 12:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-08-066.

Title of Rule and Other Identifying Information: Creating a new rule to allow minors in restaurants with cinemas under certain conditions.

Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on July 11, 2012, at 10:00 a.m.

Date of Intended Adoption: July 18, 2012.

Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail rules@liq.wa.gov, fax (360) 664-9869, by July 11, 2012.

Assistance for Persons with Disabilities: Contact Karen McCall by July 11, 2012, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: At the request of stakeholders, created a new rule to allow minors in restaurants with cinemas under certain conditions. The new rule is WAC 314-03-050.

Reasons Supporting Proposal: This was a request from stakeholders with small family restaurants that show movies as part of the dining experience. The restaurant is designed and run to appeal to families, not adults only.

Statutory Authority for Adoption: RCW 66.08.030.

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, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Chief of 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. This proposal has a positive impact on businesses or individuals that have family restaurants that want to show cinemas during meals.

A cost-benefit analysis is not required under RCW 34.05.328.

May 24, 2012

Sharon Foster

Chairman

OTS-4796.2


NEW SECTION
WAC 314-03-050   Limited patron participation entertainment at a spirits, beer, and wine restaurant or a beer and/or wine restaurant.   (1) A spirits, beer, and wine restaurant or a beer and/or wine restaurant may provide entertainment with limited physical participation by patrons in the dedicated dining area of their licensed premises. Examples of this form of permitted entertainment include text messaging to movie screens, watching movies, nonpatron skits, and comedy acts. Such limited patron participation is permitted under the following conditions:

The dedicated dining area meets the following criteria:

(a) Wait staff provides table service to patrons which includes interaction; and

(b) Lighting requirements outlined in WAC 314-11-085.

(2) Licensees must submit a request to the board's licensing and regulation division to provide limited patron participation entertainment in the dedicated dining area of their premises.

(a) The licensee may begin the activity as soon as the approval is received.

(b) Board approval will be based on the request meeting the requirements outlined in this section.

(3) Minors are allowed after 11:00 p.m. in the dining area of a premises that has received approval as referenced in this section.

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Washington State Code Reviser's Office