WSR 14-16-117
[Filed August 6, 2014, 10:50 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-13-045.
Title of Rule and Other Identifying Information: WAC 314-38-070 Class 16 day spa permit.
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on September 10, 2014, at 10:00 a.m.
Date of Intended Adoption: September 17, 2014.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail, fax (360) 664-9689, by September 10, 2014.
Assistance for Persons with Disabilities: Contact Karen McCall by September 10, 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.
Reasons Supporting Proposal: Applicants applying for the day spa permit need to know the requirements for the license and what activities are allowed under the permit.
Statutory Authority for Adoption: RCW 66.08.030.
Statute Being Implemented: RCW 66.20.400.
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, Enforcement Chief, 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.
August 6, 2014
Sharon Foster
WAC 314-38-070 Class 16 day spa permit.
(1) "Day Spa" is defined as a business that offers at least three of the following four service categories:
(a) Hair care (haircut, hair color, perms, etc.);
(b) Skin care (facials, makeup application);
(c) Nail care (manicure, pedicure); and
(d) Body care (massage, wraps, waxing).
(2) The holder of a Class 16 day spa permit may offer complimentary wine or beer by the individual glass under the following conditions:
(a) Customers must be at least twenty-one years of age;
(b) Spa services must last more than one hour;
(c) A customer may consume no more than one six ounce glass of wine or one twelve ounce glass of beer per day;
(d) Employees involved in the service of wine or beer must complete a board-approved limited alcohol server training program;
(e) Permit holders may not advertise the service of complimentary wine or beer;
(f) Wine and beer must be purchased from a Washington state licensed retailer;
(g) The permit must be posted in a conspicuous area at the point of sale; and
(h) At least three of the service area categories must be in separate areas of the spa.
(3) The board has the right to inspect the premises and business records at any time.
(4) The annual fee for this permit is one hundred twenty-five dollars.
(5) Where the holder of any permit issued under this title violates any provision of this title or of the regulations, or is an interdicted person, or is otherwise disqualified from holding a permit, the board, upon proof to its satisfaction of the fact or existence of such violation, interdiction, or disqualification, and in its discretion, may with or without any hearing, suspend the permit and all rights of the holder thereunder for such period as the board sees fit, or may cancel the permit.