WSR 18-09-121 PROPOSED RULES LIQUOR AND CANNABIS BOARD [Filed April 18, 2018, 11:07 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-05-094. Title of Rule and Other Identifying Information: WAC 314-02-035 What are the food service requirements for a spirits, beer, and wine restaurant license? Hearing Location(s): On May 30, 2018, at 10:00 a.m., at 3000 Pacific Avenue S.E., Olympia, WA 98504. Date of Intended Adoption: June 13, 2018. Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by May 30, 2018. Assistance for Persons with Disabilities: Contact Karen McCall, phone 360-664-1631, fax 360-664-9689, email rules@lcb.wa.gov, by May 30, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The rule for meal requirements for spirits, beer, and wine restaurants needs to be revised to include culturally diverse meals. Reasons Supporting Proposal: The proposed rules align meal requirements for spirits, beer, and wine restaurants with current business models and include culturally diverse meal examples and entrees not traditionally served with a side dish. Statutory Authority for Adoption: RCW 66.24.410. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Washington state liquor and cannabis 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: Becky Smith, 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. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. There are no costs or reporting requirements to licensees. The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. There are no costs or reporting requirements to licensees. April 18, 2018 Jane Rushford Chair
AMENDATORY SECTION (Amending WSR 17-12-030, filed 5/31/17, effective 7/1/17)
WAC 314-02-035 What are the food service requirements for a spirits, beer, and wine restaurant license?
(1) A spirits, beer, and wine restaurant licensee must serve at least eight complete meals. The board may make an exception to the eight complete meal requirement on a case-by-case basis. Establishments shall be maintained in a substantial manner as a place for preparing, cooking and serving of complete meals. For purposes of this title:
(a) "Complete meal" means an entree and at least one side dish. Side dishes are not required to be included with the entrée, however must be offered.
(b) "Entree" means the main course of a meal. Some examples of entrees are fish, steak, chicken, pork, pasta, pizza, ((hamburgers)) burgers, pho, sushi, street tacos, tikka masala, quiche, seafood salad, Cobb salad, chef's salad, sandwiches, and breakfast items (as long as they include a side dish). Entrees 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. Garnishes such as, but not limited to, pickles, salsa, and dips do not qualify as a side dish.
(2) The restaurant must maintain the kitchen equipment necessary to prepare the complete meals required under this section.
(3) The complete meals must be prepared on the restaurant premises.
(4) A chef or cook must be on duty while complete meals are offered.
(5) A menu must be available to customers.
(6) The food items required to maintain the menu must be on the restaurant premises. These items must be edible.
(7) Restaurants that have one hundred percent dedicated dining area must maintain complete meal service any time liquor is available for sale, service, or consumption.
(8) Restaurants with less than one hundred percent dedicated dining area must maintain complete meal service for a minimum of five hours a day during the hours of 8:00 a.m. and 11:00 p.m., three days a week.
Limited food service, such as appetizers, sandwiches, salads, soups, pizza, ((hamburgers)) burgers, or fry orders, must be available outside of these hours. Snacks such as peanuts, popcorn, and chips do not qualify as limited food service.
(9) The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. A statement that limited food service is available outside of those hours must also be posted or listed on the menu.
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