Chapter 314-02 WAC


Requirements for Retail Liquor Licensees

 

Notes that are not a part of the official WAC (Washington Administrative Code) language are in italics. These notations have been added for clarification or to cross reference to further information.


WACs (Washington Administrative Codes) in this chapter:

WAC                            

314-02-005    What is the purpose of chapter 314-02 WAC?
314-02-010    Definitions.
314-02-015    What is a spirits, beer, and wine restaurant license?
314-02-020    What are the fee categories for a spirits, beer, and
              wine restaurant license?

314-02-025    What are the floor space requirements to obtain and
              maintain a spirits, beer, and
wine restaurant license?
314-02-030    Can a spirits, beer, and wine restaurant exclude
              persons under twenty-one years
of age from the
              premises?

314-02-035    What are the food requirements for a spirits, beer,
              and wine restaurant license?

314-02-040    Can a hotel with a spirits, beer, and wine restaurant
              license sell liquor by the
bottle to guests?
314-02-045    What is a beer and/or wine restaurant license?
314-02-050    What are the floor space requirements to obtain and
              maintain a beer and/or wine
restaurant license?
314-02-055    Can a beer and/or wine restaurant exclude persons
              under twenty-one years of age
from the dining area?
314-02-060    What is a caterer's endorsement?
314-02-065    What is a snack bar license?
314-02-070    What is a tavern license?
314-02-075    What is a motel license?
314-02-080    What are the requirements for a motel licensee or a
              hotel with a spirits, beer, and wine restaurant license
              to sell liquor in honor bars?

314-02-085    What is a bed and breakfast permit?
314-02-090    What is a nonprofit arts organization license?
314-02-095    What is a public house license?
314-02-100    What is a grocery store license?
314-02-105    What is a beer and/or wine specialty store license?
314-02-110    What is a beer and/or wine gift delivery license?
314-02-115    What are the requirements for licensees that sell keg
              beer?

314-02-120    How do licensees get keg registration forms?
314-02-125    What types of activities on a licensed premises require
              notice to the board?

314-02-130    What types of changes to a licensed premises require
              board approval?

    WAC 314-02-005 What is the purpose of chapter 314-02 WAC? Chapter 314-02 WAC outlines the qualifications for the following liquor licenses and permits:
    (1) Spirits, beer, and wine restaurants;
    (2) Beer and/or wine restaurants;
    (3) Snack bars;
    (4) Taverns;
    (5) Motels;
    (6) Bed and breakfasts;   
    (7) Nonprofit arts organizations;
    (8) Public houses;
    (9) Grocery stores;
    (10) Beer/wine specialty shops; and
    (11) Beer/wine gift delivery business.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-005, filed 3/15/00, effective 4/15/00.]

See WAC 314-16-195 for liquor licensing information on spirits, beer, and wine restaurants that do not serve the general public. See chapter 314-40 WAC for information on private clubs.



    WAC 314-02-010 Definitions. The following definitions are to clarify the purpose and intent of the rules and laws governing liquor licenses and permits. Additional definitions can be found in RCW 66.04.010.
    (1) "Banquet room" means any room used primarily for the sale and service of food and liquor to private groups.
    (2) "Customer service area" means areas where food and/or liquor are normally sold and served to the public, i.e., lounges and dining areas. A banquet room is not considered a customer service area.
    (3) "Dedicated dining area." 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.
    (4) "Liquor" means beer, wine, or spirits (per RCW 66.04.010(19) ? Definitions).
    (5) "Lounge" means the portion of a restaurant used primarily for the preparation, sale, and service of beer, wine, or spirits. Persons under twenty-one years of age are not allowed in a lounge (see RCW 66.44.316 for information on employees and professional musicians under twenty-one years of age).

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-010, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-015 What is a spirits, beer, and wine restaurant license? (1) Per RCW 66.24.400, this license allows a restaurant to:
    (a) Serve spirits by the individual serving for on-premises consumption;
    (b) Serve beer by the bottle or can or by tap for on-premises consumption; and
    (c) Serve wine for on-premises consumption (see RCW 66.24.400 regarding patrons removing recorked wine from the premises).
    (2) Per RCW 66.24.400, this license prohibits licensees from selling alcohol for off-premises consumption.
    (3) All applicants for a spirits, beer, and wine license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant. The term "bona fide restaurant" is defined in RCW 66.24.410(2).

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-015, filed 3/15/00, effective 4/15/00.]

   



    WAC 314-02-020 What are the fee categories for a spirits, beer, and wine restaurant license? (1) Per RCW 66.24.420, the annual fee for a spirits, beer, and wine restaurant license is graduated, as follows:
 


Amount of customer service area dedicated to dining

Annual fee

100%

$1,000

50 - 99%

$1,600

Less than 50%

$2,000


    (2) In order for an area to qualify as a dedicated dining area it must be a separate and 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.   
    (3) The fee for a spirits, beer, and wine restaurant license outside of an incorporated city or town will be prorated according to the calendar quarters the licensee is open for business. This proration does not apply in the case of a suspension or revocation of the license.

    (4) A duplicate license is required in order to sell liquor from more than one site on your property. These sites must be located on the same property and owned by the same licensee. The following types of businesses may apply for a duplicate license:

Type of Business

Annual fee per duplicate license

Airport terminal

25% of annual license fee

Civic center (such as a convention center)

$10

Privately owned facility open to the public

$20

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-020, filed 3/15/00, effective 4/15/00.]



    WAC 314-02-025 What are the floor space requirements to obtain and maintain a spirits, beer, and wine restaurant license? (1) Barriers ? Licensees must place identifiable barriers around areas that are restricted from persons under twenty-one years of age. "Minor prohibited" signs, as required by WAC 314-16-025, must be posted at each entrance to such areas.
    (2) Floor plans ? When applying for a license, the applicant must provide to the board's licensing and regulation division two copies of a detailed drawing of the entire premises. The drawing must:
    (a) Be drawn one foot to one-quarter-inch scale;
    (b) Have all rooms labeled according to their use; e.g., dining room, lounge, game room, kitchen, etc.; and
    (c) Have all barriers labeled in a descriptive way; e.g., "full wall," "half wall," etc.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-025, filed 3/15/00, effective 4/15/00.]

See WAC 314-16-196(3)(4)(5) for further guidelines regarding barriers and service bars.



    WAC 314-02-030 Can a spirits, beer, and wine restaurant exclude persons under twenty-one years of age from the premises? A spirits, beer, and wine restaurant licensee may exclude persons under twenty-one years of age from the entire premises at all times or at certain times as approved by the board.
    (1) To exclude persons under twenty-one years of age from the entire licensed premises, the applicant or licensee must:
    (a) indicate during the liquor license application process that he/she does not wish to have persons under twenty-one years of age on the entire premises at any time; or
    (b) if already licensed as a spirits, beer, and wine restaurant that allows person under twenty-one years of age, the applicant may request permission from the board's licensing and regulation division to exclude persons under twenty-one years of age, per WAC 314-02-130.
    (c) Spirits, beer, and wine restaurant licensees who exclude persons twenty-one years of age from the entire premises at all times must:
    (i) place the required barriers around dedicated dining areas (see WAC 314-02-025(1)); and
    (ii) meet all other requirements of this license, including the food service requirements outlined in WAC 314-02-035.
    (2) Restaurants that have less than fifteen percent of their total customer service area dedicated to dining must exclude persons under twenty-one years of age from the entire premises. The licensee must:
    (a) Pay the two thousand dollars annual license fee; and
    (b) Meet all other requirements of this license, including the food service requirements outlined in WAC 314-02-035.   
    (3) To exclude persons under twenty-one years of age from the entire licensed premises during a portion of the day or week or on a one-time-only basis, the applicant or licensee must:
    (a) request permission from the board, see WAC 314-02-130(1); and
    (b) meet all other requirements of the license, including the food service requirements outlined in WAC 314-02-035.
    (4) See WAC 314-16-025 regarding requirements for "minors prohibited" signage.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-030, filed 3/15/00, effective 4/15/00.]

Note for clarification: Spirits, beer, and wine restaurant licensees who exclude persons under 21 years of age from the entire premises at all times only have to place the required barriers around dedicated dining areas for the purposes of paying the lesser $1,600 annual fee. Restaurants that do not allow persons under 21 and do not wish to have barriers around their dining areas must pay the $2,000 licensing fee. (The fee for a spirits, beer, and wine restaurant license is based on the restaurant’s percentage of dedicated dining area -- restaurants with 50% to 99% dedicated dining area pay a $1,600 annual fee, and restaurants with less then 50% dedicated dining pay $2,000.)


    WAC 314-02-035 What are the food requirements for a spirits, beer, and wine restaurant license? (1) The restaurant must maintain the kitchen equipment necessary to prepare the complete meals required by RCW 66.24.410(2) and WAC 314-16-190.
    (2) The complete meals must be prepared on the restaurant premises.
    (3) A chef or cook must be on duty while complete meals are offered.
    (4) A menu must be available to customers that lists, at a minimum, the required complete meals.
    (5) The food items required to maintain the menu must be on the restaurant premises. These items must be edible.
    (6) Restaurants that have one hundred percent dedicated dining area must maintain complete meal service any time liquor is available for sale, service, or consumption.
    (7) Restaurants with less than one hundred percent dedicated dining area (restaurants in the one thousand six hundred dollar or two thousand dollar fee category) must maintain complete meal service for a minimum of five hours a day on any day liquor is served.
    (a) Minimum food service, such as sandwiches, hamburgers, or fry orders, must be available outside of these hours.
    (b) Snacks such as peanuts, popcorn, and chips do not qualify as minimum food service.
    (8) The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. If applicable, a statement that minimum food service is available outside of those hours must also be posted or listed on the menu.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-035, filed 3/15/00, effective 4/15/00.]

See WAC 314-16-190(1)(6) for further information on food service requirements.

 


    WAC 314-02-040 Can a hotel with a spirits, beer, and wine restaurant license sell liquor by the bottle to guests? (1) RCW 66.24.400 allows a spirits, beer, and wine restaurant in a hotel or club with overnight sleeping accommodations to sell liquor by the bottle to registered guests. The hotel or club must be licensed as a "transient accommodation" under chapter 70.62 RCW.
    (a) The licensee must verify that the person purchasing the liquor is a registered guest who is at least twenty-one years of age.
    (b) The bottle of liquor may be consumed only in a guest, hospitality, or banquet room.
    (c) Guests may remove any unused portion of the bottle of liquor from the premises.
    (2) A spirits, beer, and wine restaurant in a hotel or club with overnight sleeping accommodations may sell liquor from honor bars, under the definitions and guidelines in WAC 314-02-080.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-040, filed 3/15/00, effective 4/15/00.]

 



    WAC 314-02-045 What 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

(b) Serve wine for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked wine from the premises).

$200

(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 subsection (c).

(e) 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 subsection (c).


    (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(29).
    (3) If a beer and/or wine restaurant's dedicated dining area comprises less than fifteen percent of the total customer service area, the premises must maintain a tavern license (see WAC 314-02-070 regarding the tavern license).

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-045, filed 3/15/00, effective 4/15/00.]

 


    WAC 314-02-050 What are the floor space requirements to obtain and maintain a beer and/or wine restaurant license? (1) Barriers ? Licensees must place barriers around areas that are restricted from persons under twenty-one years of age. These barriers must be at least 42" in height. "Minor prohibited" signs, as required by WAC 314-16-025, must be posted at each entrance to such areas.
    (2) Floor Plans ? The applicant must provide two copies of a detailed drawing of the entire premises to be licensed, to the board's licensing and regulation division. The drawing must:
    (a) Have all rooms labeled according to their use; e.g., dining room, lounge, game room, kitchen, etc.; and
    (b) Have all barriers labeled in a descriptive way; e.g., "full wall," "half wall," etc.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-050, filed 3/15/00, effective 4/15/00.]

See WAC 314-16-196(3) for further guidelines regarding barriers.

 


    WAC 314-02-055 Can a beer and/or wine restaurant exclude persons under twenty-one years of age from the dining area? (1) To exclude persons under twenty-one years of age from the dining area during a portion of the day or week or on a one-time-only basis, the applicant or licensee must request permission from the board (see WAC 314-02-130(1)).
    (2) See WAC 314-16-025 regarding requirements for "minors prohibited" signage.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-055, filed 3/15/00, effective 4/15/00.]



    WAC 314-02-060 What is a caterer's endorsement? (1) A spirits, beer, and wine restaurant and a beer and/or wine restaurant applicant or licensee may apply for a caterer's endorsement, in order to extend the on-premises license privilege to allow the sale and service of liquor at approved locations other than the licensed premises. See RCW 66.24.420(6) and RCW 66.24.320(2) for more information about this endorsement.
    (2) The annual fee for this endorsement is three hundred fifty dollars.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-060, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-065 What is a snack bar license? (1) Per RCW 66.24.350, a snack bar license allows a licensee to serve beer by the opened bottle or can for on-premises consumption only.
    (2) Snack bar licensees must have food available whenever beer is sold or served.
    (3) The annual fee for this license is one hundred twenty-five dollars.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-065, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-070 What is a tavern license? (1) Per RCW 66.24.330 and 66.24.354, this license allows a tavern to:
 

Privilege

Annual fee

(a) Serve beer by the bottle or can or by tap for on-premises consumption.

$200

(b) Serve wine for on-premises consumption.

$200

(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 subsection (c).

(e) Sell beer in kegs or other containers holding at least four gallons of beer (see WAC 314-02-110 regarding the requirements for registering kegs).

In conjunction with off-premises privilege outlined in subsection (c).


    (2) A tavern licensee may not allow persons under twenty-one years of age on the premises at any time (see RCW 66.44.316 for information regarding employees and professional musicians under twenty-one years of age).

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-070, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-075 What is a motel license? (1) Per RCW 66.24.540, a motel license allows a motel to:
    (a) Sell liquor in locked honor bars in no more than one-half of its guest rooms, provided that:
    (i) Rooms are rented to guests, at a minimum, on a daily rental basis; and
    (ii) Each honor bar also contains snack food; and
    (b) Provide beer and wine by the individual serving to overnight guests of the motel, without additional charge, for on-premises consumption at a specified regular date, time, and place (such as a hospitality room). Patrons may not self-serve during these functions.
    (2) The motel must be licensed as a "transient accommodation" per chapter 70.62 RCW.
    (3) The annual fee for this license is five hundred dollars.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-075, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-080 What are the requirements for a motel licensee or a hotel with a spirits, beer, and wine restaurant license to sell liquor in honor bars? For the purposes of this chapter, an "honor bar" is a cabinet, box, cooler, or refrigerator in a guest room that can be opened only with a key, combination, magnetic card, or similar device. The following requirements apply to the use of an honor bar:
    (1) The licensee must require proof of age before providing a guest access to an honor bar. The guest must sign a declaration, under penalty of perjury, verifying that:
    (a) The guest is twenty-one years of age or older; and
    (b) No one under twenty-one years of age will have access to the liquor in the honor bar.
    (2) The honor bars must remain locked whenever the room is rented to a guest under twenty-one years of age.
    (3) All liquor stored on the licensed premises must be either locked in an honor bar or locked in a secured liquor storage room.
    (4) No person under twenty-one years of age may have access to the honor bars, liquor storage rooms, or keys, combinations, etc., to the locked honor bars or storage rooms.
    (5) A honor bar or storage room may only be replenished during those hours when liquor may legally be sold (not between 2:00 a.m. and 6:00 a.m.), and only by employees who are twenty-hone years of age or older. Beer and wine wholesalers may deliver, price, and stock product only in storage rooms.
    (6) Liquor in honor bars may only be sold in individual containers in the following sizes:
    (a) Spirits ? not to exceed fifty milliliters;
    (b) Beer ? not to exceed twelve ounces; and
    (c) Wine ? not to exceed one hundred eighty-seven milliliters.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-080, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-085 What is a bed and breakfast permit?
(1) Per RCW 66.20.010(11), this permit allows a bed and breakfast lodging facility to serve beer or wine without charge to overnight guests, for consumption on the premises.
    (2) RCW 66.20.010(11) defines a "bed and breakfast" as a hotel or similar facility offering from one to eight lodging units and breakfast to travelers or guests.
    (3) The annual fee for this permit is seventy-five dollars.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-085, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-090 What is a nonprofit arts organization license? (1) Per RCW 66.24.495, this license allows a bona fide nonprofit organization to sell beer, wine, and spirits by the individual serving in conjunction with artistic or cultural exhibitions or performances.
    (2) The nonprofit organization must be organized and operated for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs for viewing by the general public. See RCW 66.24.495(2) for specific organizational requirements.
    (3) The annual fee for this license is two hundred fifty dollars.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-090, filed 3/15/00, effective 4/15/00.]

 


    WAC 314-02-095 What is a public house license? (1) Per RCW 66.24.580, a public house licensee is allowed to:
    (a) Manufacture between two hundred fifty gallons and two thousand four hundred barrels of beer on the premises per year;
    (b) Serve beer by the bottle or can or by tap for on-premises consumption; and
    (c) Serve wine for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked wine from the premises).
    (2) The annual fee for this license is one thousand dollars.
    (3) If a public house licensee wishes to allow persons under twenty-one years of age on the premises, the licensee must meet the requirements of a beer and/or wine restaurant license, per WAC 314-02-045 and 314-02-050.
    (4) Public house licensees may apply for a spirits, beer, and wine restaurant license, in order to sell spirits by the individual serving for on-premises consumption (see WAC 314-02-015).

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-095, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-100 What is a grocery store license? (1) Per RCW 66.24.360, a grocery store license allows a licensee to sell beer and/or wine for off-premises consumption.
    (2) The annual fee for this license is one hundred fifty dollars.
    (3) In order to obtain and maintain a grocery store license, the premises must be stocked with an inventory of at least three thousand dollars wholesale value of food for human consumption, not including soft drinks, beer, or wine. This minimum inventory must be:
    (a) stocked within the confines of the licensed premises; and
    (b) maintained at the premises at all times the business is licensed, with the exception of:
    (i) The beginning and closing inventory for seasonal operations; or
    (ii) When the inventory is being sold out immediately prior to discontinuing or selling the business.
    (4) A grocery store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.
    (5) A grocery store applicant or licensee may apply for an international exporter endorsement for five hundred dollars a year, which allows the sale of beer and wine for export to locations outside the United States.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-100, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-105 What is a beer and/or wine specialty store license? (1) Per RCW 66.24.371, a beer and/or wine specialty store license allows a licensee to sell beer and/or wine for off-premises consumption.
    (2) The annual fee for this license is one hundred dollars.
    (3) To obtain and maintain a beer and/or wine specialty store license, the premises must be stocked with an inventory of beer and/or wine in excess of three thousand dollars wholesale value. This inventory must be:
    (a) Stocked within the confines of the licensed premises; and
    (b) Maintained on the premises at all times the premises is licensed, with the exception of beginning and closing inventory for seasonal operations or when the inventory is being sold out immediately prior to discontinuing or selling the business.
    (4) A beer and/or wine specialty store licensee may allow customers to sample beer and wine for the purpose of sales promotion, if the primary business is the sale of beer and/or wine at retail. A licensee's gross retail sales of beer and/or wine must exceed fifty percent of all gross sales for the entire business. Sampling may be conducted under the following conditions:
    (a) Each sample must be two ounces or less;
    (b) No more than four samples may be provided to a customer during any one visit to the premises; and
    (c) No more than one sample of any single brand and type of beer or wine may be provided to a customer during any one visit to the premises.    
    (5) A beer and/or wine specialty store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-105, filed 3/15/00, effective 4/15/00.]



    WAC 314-02-110 What is a beer and/or wine gift delivery license? (1) Per RCW 66.24.550, a beer and/or wine gift delivery license allows a business that is primarily engaged in the retail sale of gifts or flowers to deliver beer and/or wine in bottles or original packages. The beer or wine must be delivered in conjunction with the gifts or flowers.
    (2) The annual fee for this license is seventy-five dollars.
    (3) An applicant must meet the following requirements to obtain and maintain a beer and/or wine gift delivery license:
    (a) The business must be primarily engaged in the retail sale of gifts or flowers. In order to determine that the business meets this qualification, the board may inspect an applicant's or licensee's inventory, sales figures, and business records.
    (b) A beer and/or wine gift delivery licensee may not hold any other class of liquor license.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-110, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-115 What are the requirements for licensees that sell keg beer? Per RCW 66.28.200 and 66.28.210, any licensee who sells beer for off-premises consumption in kegs or other containers holding four or more gallons of beer must:
    (1) Require the purchaser to provide at least one piece of identification (see RCW 66.16.040 for acceptable forms of identification); and
    (2) The licensee or employee and purchaser must fill out a keg registration form, provided by the board, which contains:
    (a) The name and address of the purchaser;
    (b) The type and number of the identification presented by the purchaser;
    (c) The address where the beer will be consumed and the date on which it will be consumed; and
    (d) A sworn statement, signed by the purchaser under penalty of perjury, that the purchaser:
    (i) Is at least twenty-one years of age;
    (ii) Will not allow persons under twenty-one years of age to consume the beer purchased;
    (iii) Will not remove or obliterate the keg registration form affixed to the keg or allow it to be removed or obliterated; and
    (iv) The address listed in (c) of this subsection is the true and correct address at which the beer will be consumed or physically located.
    (3) It is the licensee's or employee's responsibility to distribute the properly completed keg registration form as follows:
    (a) One copy to the purchaser;
    (b) One copy affixed to the keg or container holding four gallons or more of beer, prior to it leaving the licensed premises; and
    (c) One copy must be retained on the licensed premises for one year, available for inspection and copying by any law enforcement officer.
    (4) Possession of a keg or other container which holds four gallons or more of beer without a properly completed keg registration form affixed to it, other than on the licensee's premises, will be a violation of this title.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-115, filed 3/15/00, effective 4/15/00.]



    WAC 314-02-120 How do licensees get keg registration forms? (1) The board will provide keg registration forms free-of-charge to licensees who hold a beer restaurant or tavern license in combination with an off?premises beer and/or wine endorsement.
    (2) Licensees who hold only an off?premises beer and/or wine license must purchase the keg registration forms from their local board enforcement office for four dollars per book of twenty-five forms.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-120, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-125 What types of activities on a licensed premises require notice to the board? Liquor licensees must notify their local enforcement office in writing at least forty-eight hours before conducting the following activities:
    (1) Male/female dance reviews, subject to the provisions of WAC 314-16-125;
    (2) Live boxing or wrestling;
    (3) Contests or games where patrons are part of the entertainment; and
    (4) Hours of operation in between 2:00 a.m. and 6:00 a.m. for licensees that sell liquor for on-premises consumption.

[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-125, filed 3/15/00, effective 4/15/00.]


    WAC 314-02-130 What types of changes to a licensed premises require board approval? The following changes to a licensed premises require prior board approval, by submitting a form provided by the board's licensing and regulation division:
  

Type of alteration

Approval process and timeline

(1)

  • excluding persons under twenty-one years of age from a spirits, beer, and wine restaurant;
 
(a) The board’s licensing and regulation division will respond to the request for alteration within five business days.

     

  • excluding persons under twenty-one years of age from the dining area of a beer and/or wine restaurant;

  • reclassifying a lounge as open to persons under twenty-one years of age;

 

(b) The licensee may begin liquor service in conjunction with the alteration as soon as approval is received.

      

  • extending the location of alcohol service, such as a beer garden or patio/deck service (areas must be enclosed with a barrier a minimum of forty-two inches in height);

(c) Board approval will be based on the alteration meeting the requirements outlined in this title.

    

  • storing liquor off of the licensed premises;

 

        

  • initiating room service in a hotel or motel when the restaurant is not connected to the hotel or motel;

 

       

  • installing a pass-through window for walk-up customers; and

 

    

  • using a licensed premises as an access to another business.

 

(2)

  • any alteration that affects the size of a premises' customer service area.

 

(a) The board's licensing and regulation division will respond to the licensee's request for alteration within five business days.

 

(b) The licensee must contact their local liquor control agent when the alteration is completed.

 

(c) The licensee may begin liquor service in conjunction with the alteration after the completed alteration is inspected by the liquor control agent.

 

(d) Board approval will be based on the alteration meeting the requirements outlined in this title.

  
[Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. 00-07-091, § 314-02-130, filed 3/15/00, effective 4/15/00.]