[Filed September 10, 2025, 11:23 a.m., effective October 11, 2025]

Effective Date of Rule: Thirty-one days after filing.

Purpose: The Washington state liquor and cannabis board amended WAC 314-02-045 to reduce the number of days per week that beer restaurant and wine restaurant licensees must be open to the public from three days per week to two days per week. This rule making also incorporates license fee increases from $200 per year to $300 per year for both beer and wine restaurant licenses, consistent with requirements of 2SSB 5786 (chapter 343, Laws of 2025).

Citation of Rules Affected by this Order: Amending WAC 314-02-045.

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

Adopted under notice filed as WSR 25-13-116 on June 18, 2025.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: September 10, 2025.

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.