[Filed April 22, 2026, 11:19 a.m.]

Title of Rule and Other Identifying Information: 2026 Expedited legislative implementation (ESHB 2476 Modifying the spirits, beer, and wine theater license); amending WAC 314-02-087 to align with new statutory changes.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESHB 2476, effective June 11, 2026, amended RCW 66.24.655 to increase the maximum number of seats a theater can have to qualify for a spirits/beer/wine license from 120 to 200; and adds new requirements to the alcohol control plan agreement, including the mandatory use of electronic ID scanners, ID checks of all customers regardless of age, and regular monitoring by trained staff. WAC 314-02-087 must be updated to align with these statutory changes.

Reasons Supporting Proposal: The proposed rule amendments include only changes explicitly dictated by statute. The liquor and cannabis board (LCB) has no discretion regarding implementation of these statutory changes and must align rules to eliminate conflict between rule and statute.

Statutory Authority for Adoption: RCW 66.08.030, 66.24.655, and 34.05.353.

Statute Being Implemented: RCW 66.24.655.

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

Name of Proponent: Washington state legislature, LCB, governmental.

Name of Agency Personnel Responsible for Drafting: Kevin Walder, Policy and Rules Manager, P.O. Box 43080, Olympia, WA 98504, 360-878-1857; Implementation: Becky Smith, Director of Licensing and Regulations, P.O. Box 43080, Olympia, WA 98504, 360-664-1615; and Enforcement: Larry Grant, Director of Enforcement and Education, P.O. Box 43080, Olympia, WA 98504, 360-664-9878.

This notice meets the following criteria to use the expedited adoption process for these rules:

Content is explicitly and specifically dictated by statute.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rule amendments include only changes explicitly dictated by statute. LCB has no discretion regarding implementation of these statutory changes and must align rules to eliminate conflict between rule and statute.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kevin Walder, Policy and Rules Manager, LCB, P.O. Box 43080, Olympia, WA 98504, phone 360-878-1857, fax 360-480-7960, email rules@lcb.wa.gov, web lcb.wa.gov, BEGINNING 12:00 p.m., April 22, 2026, AND RECEIVED BY 5:00 p.m., June 23, 2026.

AMENDATORY SECTION(Amending WSR 22-01-052, filed 12/8/21, effective 1/8/22)

WAC 314-02-087Spirits, beer, and wine theater license.

(1) A spirits, beer, and wine theater is a place of business where motion pictures or other primarily nonparticipatory entertainment or events are shown. The holder of a beer and wine theater license is allowed to sell spirits, beer, strong beer, and wine, at retail, for consumption on the licensed premises.

(2) The requirements for the spirits, beer, and wine theater license are as follows:

(a) The theater has no more than ((120))200 seats per theater room.

(b) All servers of beer and wine are required to attend a mandatory alcohol server training (MAST) program.

(c) The serving size for spirits is one and one quarter ounce. The serving size for wine is five ounces. The serving size for beer is ((twelve))12 ounces.

(d) There must be tabletop accommodations for in theater dining.

(e) If the theater premises will be frequented by minors an alcohol control plan agreement must be signed and submitted to the board during the application process.

(3) A spirits, beer, and wine theater licensee must meet the same food service requirements that apply to spirits, beer, and wine restaurant licensees in WAC 314-02-035.

(4) The alcohol control plan agreement will be provided on a form by the board and includes the following requirements:

(a) Electronic identification scanners must be used at all points of sale for alcoholic beverage purchases.

(b) To ensure that alcoholic beverages are not sold to persons under the age of 21, staff ((will))must request identification from any patron ((who appears to be age 30 or under and)) who is attempting to purchase an alcoholic beverage, regardless of their age.

(((b)))(c) Alcoholic beverages must be served in containers that differ significantly from containers utilized for nonalcoholic beverages.

(((c)))(d) All alcoholic beverages sold under this license must be sold by the individual drink.

(((d)))(e) If staff observes a patron who is in the possession of or who is consuming an alcoholic beverage, who appears to be of questionable age, staff will request identification from that patron. If the patron is unable to produce an acceptable form of identification verifying their age, the alcohol will be confiscated.

(((e)))(f) Staff will accept only those forms of identification that are acceptable per WAC 314-11-025 to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol.

(((f)))(g) All employees involved in the sale, service, and/or supervision of alcoholic beverages will be required to attend MAST to obtain the appropriate permit for their level of service.

(((g)))(h) Areas of the licensed premises where alcohol is sold and consumed must be regularly monitored by staff who have completed an alcohol server training program as described in (g) of this subsection.

(i) Sufficient lighting must be maintained at the point of sale so that identification can be confirmed and patrons observed for signs of intoxication.

(((h)))(j) To ensure alcoholic beverages are served in a safe, responsible, and controlled manner, sales and service of alcoholic beverages will be limited to one serving per person per transaction.

(((i)))(k) If a patron is accompanied by another patron who wants to pay for both people's drinks, they may do so, provided that both patrons are of legal age to purchase, and have proper identification, if requested, and are not displaying signs of intoxication.

(((j)))(l) Alcohol may only be sold, served, and consumed in areas designated in the alcohol control plan agreement and approved by the board.

(((k)))(m) Staff will refuse to sell an alcoholic beverage to any person who appears to be intoxicated. Alcoholic beverages will be removed from any person who appears to be intoxicated.

(((l)))(n) This alcohol control plan agreement will be prominently posted on the licensed premises.

(5) Penalties are doubled for a violation involving minors or the failure to follow the signed alcohol control plan agreement.

(6) If the theater premises has a restaurant located outside of the actual theater screening areas, spirits, beer, and wine may be served and consumed in the restaurant area.

(a) Spirits may be sold by the individual drink.

(b) Beer may be sold by the pitcher as well as by individual serving for consumption in the restaurant area.