[Filed June 18, 2025, 11:32 a.m.]

Preproposal statement of inquiry was filed as WSR 25-09-169.

Title of Rule and Other Identifying Information: The Washington state liquor and cannabis board (LCB) is proposing amendments to WAC 314-02-045 to reduce the number of days per week that a beer and/or wine restaurant licensee must be open to the public from three days per week to two days per week.

Hearing Location(s): On August 14, 2025, at 10:00 a.m. All public board activity will be held in a "hybrid" environment. This means that the public will have options for in-person or virtual attendance. The boardroom at the headquarters building, 1025 Union Avenue, Olympia, WA 98504, will be open for in-person attendance. The public may also log in using a computer or device, or call in using a phone, to listen to the meeting through the Microsoft Teams application. The public may provide verbal comments during the specified public comment and rules hearing segments. TVW also regularly airs these meetings. Please note that although the boardroom will be staffed during a meeting, board members and LCB participants may continue to appear virtually.

LCB encourages those who would like to provide public comment to register in advance. Those who have not registered by 10:00 a.m. on the hearing date, or who arrive after the hearing has started, cannot be guaranteed the opportunity to speak.

For more information about providing verbal comments at rules public hearings, please visit https://lcb.wa.gov/laws/laws-and-rules.

Date of Intended Adoption: Not earlier than September 10, 2025.

Submit Written Comments to: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-704-5027, beginning June 18, 2025, 12:00 p.m., by August 14, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact ADA coordinator, human resources, phone 360-664-1739, fax 360-664-9689, TTY 711 or 1-800-833-6388, email anita.bingham@lcb.wa.gov, by August 7, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In December 2024, LCB accepted a petition for rule making from a member of the public requesting to amend WAC 314-02-045 to reduce the required number of days per week a beer and/or wine restaurant licensee must be open to the public to maintain their license.

Currently, WAC 314-02-025 (2)(b) requires these licensees be open to the public at least five hours a day, three days per week.

A number of beer and wine restaurant licensees experience wide seasonal variations in the number of customers they serve throughout the year due to seasonal fluctuations in the number of visitors to their area. Reducing the current requirement that a licensee must be open for business for at least three days per week will be beneficial to small businesses and will give these licensees more control of their business hours to save resources during slower seasons of the year.

In addition, the proposed rules update WAC 314-02-045 to reflect increases in beer and wine restaurant license fees from $200 per year to $300 per year, consistent with 2SSB 5786 (chapter 343, Laws of 2025).

Reasons Supporting Proposal: Amendments on this subject are needed to modernize current rules, and to update license fees according to recent legislation.

Statutory Authority for Adoption: RCW 66.08.030; 2SSB 5786 (chapter 343, Laws of 2025).

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

Name of Proponent: LCB, governmental.

Name of Agency Personnel Responsible for Drafting: Jeff Kildahl, Rules Coordinator, P.O. Box 43080, Olympia, WA 98504, 360-480-7960; Implementation and Enforcement: Lawerence Grant, Director of Enforcement and Education, P.O. Box 43080, 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. The proposed amended rules do not qualify as a significant legislative rule requiring a cost-benefit analysis under RCW 34.05.328(5). LCB is not a listed agency under RCW 34.05.328 (5)(a)(i), so the cost-benefit analysis requirements in RCW 34.05.328 are not applicable to the proposed rules unless voluntarily applied or made applicable by the joint administrative rules review committee under RCW 34.05.328 (5)(a)(ii).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Is exempt under RCW 19.85.025(4).

Explanation of exemptions: Proposed rule amendments clarify language in existing rules and update licensee fees in these rules.

Scope of exemption for rule proposal:

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. The rule amendments do not impose any significant regulatory burden on licensees, but instead allows licensees more flexibility in business operations.

AMENDATORY SECTION(Amending WSR 20-05-008, filed 2/5/20, effective 3/7/20)

WAC 314-02-045What 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))$300
(b) Serve wine or sake for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked or recapped wine or sake from the premises).	(($200))$300
(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 (c) of this subsection.
(e) Sell cider as defined in RCW 66.24.210(6) for off-premises consumption to a purchaser in a sanitary container brought to the premises by the purchaser or provided by the licensee and filled at the tap in the restaurant at the time of purchase. The licensee must comply with federal regulations.	In conjunction with off-premises privilege outlined in (c) of this subsection.
(f) 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 (c) of this subsection.

(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.

(a) Minimum food service is required, as defined in WAC 314-02-010.

(b) To obtain and maintain a beer and/or wine restaurant license, the restaurant must be open to the public at least five hours a day, ((three))two days a week.

(3) If a beer and/or wine restaurant's dedicated dining area comprises less than ((fifteen))15 percent of the total customer service area, the premises must maintain a tavern license as described in WAC 314-02-070.