WASHINGTON STATE LIQUOR CONTROL BOARD

3000 Pacific Ave SE · PO Box 43075 Olympia WA 98504-3075 · (360) 664-1600

Liquor Control Board Policy Number 01-2
Subject of policy:		Floor space requirements and activities on premises with retail liquor licenses
Effective date:		May 31, 2000
Ending date:		To remain effective until the completion of rule making
Contact information:		Licensing Division	360-664-1600
Approved:
	Eugene Prince, Chairman
	Vera Ing, Board Member
	Katherine Kreiter, Board Member

Purpose statement:

The purpose of Liquor Control Board Policy 1-02 is to clarify current practices regarding retail licensed establishments until rule making on these subjects is completed. Currently these policies are not centrally located, which has caused confusion for staff and customers.

Policy Statements - by subject matter:

1.	Dedicated dining area
	· If a licensee wishes to have live music (including Karoake), patron dancing, entertainment, or contests involving physical participation by patrons in a dining area after 10 p.m., the licensee must either: a) request board approval to reclassify the dining area to a lounge, thus restricting persons under 21 years of age; or b) notify the Licensing and Regulation Division in writing at least 48 hours in advance that the sale, service, and consumption of liquor will end in the dining room after 10 p.m.
	· Per WAC 314-02-130, a licensee may prohibit persons under 21 years of age in their dining area earlier than 10 p.m.
	· Games in dining areas:
	* Spirits beer and wine restaurant licensees who pay the $1,000 fee must have 100% dedicated dining. This means they may not have any games in their dedicated dining area. They can, however, have: 1) punch boards or bowls of pull tabs that are handed out by an employee from a service bar or food counter (the gambling devices must be kept behind the service bar or food counter at all times when not in use), and 2) games in “neutral” areas such as a waiting area or foyer.
	* If a spirits, beer, or wine restaurant licensee wants to have games in his/her dining area, he/she must pay either the $1,600 or $2,000 fee, depending on how much area remains dedicated dining area.
	* A beer and/or wine restaurant licensee may have games in their dining area. A limited number of games may be allowed along the periphery of the dining area, as approved on the premises’ floor plan by the Licensing and Regulation Division. The games are considered a secondary activity, and must not interfere with the service and consumption of food.
	Rules relevant to policy: · WAC 314-02-130 - What types of changes to a licensed premises require board approval? · WAC 314-02-010(3) - Definition of a dedicated dining area (states that “In order for an area to qualify as a dedicated dining area, it must be a distinct portion of a restaurant that is used primarily for the sale, service, and consumption of food, and have accommodations for eating, e.g., tables, chairs, booths, etc.”) · WAC 314-02-020 - What are the fee categories for a spirits, beer, and wine restaurant license?

2.	Game rooms
	· A licensee must request Board approval to continue liquor service in a game room or casino area after 10 p.m. and still have persons under 21 years of age present. · Game rooms must be separated from lounges and dedicated dining areas with the required barriers. Rule relevant to policy: · WAC 314-02-130 - What types of changes to a licensed premises require board approval?

3.	Barriers
	· Barriers must be at least 42” high.
	· A licensee can’t use a bar or a drinking ledge as a barrier.
	· “Restricted area entrances may be no wider than ten feet” means the total openings along one wall cannot exceed ten feet. In other words, along one wall a licensee can’t have one six foot opening, then two feet of wall, and then a six foot opening.
	Rule relevant to policy: · WAC 314-16-196(3) - Spirits, beer, and wine restaurant--Floor space requirements This rule states that “The boundary of a cocktail lounge or other restricted area shall be clearly defined as a separate and distinct area by fixed or movable barriers, including, but not limited to, railings, ropes and stanchions, shrubbery or other closely placed plantings, etc. (a) Restricted area entrances may be no wider than ten feet. (b) Minor prohibited signs as required by WAC 314-16-025 must be placed at all restricted area entrances and other locations as necessary. (c) The licensee is responsible to construct and post restricted area boundaries to reasonably prevent unauthorized persons from entering such areas.”