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Thirty-One Days After Filing Washington State Register, Issue 20-05 WSR 20-05-008 WSR 20-05-008 (i) Soju served by the bottle may only be served in PERMANENT RULES restaurants holding a soju endorsement and must be served LIQUOR AND CANNABIS under the provisions outlined in RCW 66.24.400(5); BOARD (ii) Soju endorsement holders must ensure servers pro- [Filed February 5, 2020, 12:55 p.m., effective March 7, 2020] viding soju to patrons are trained every five years in the soju Effective Date of Rule: Thirty-one days after filing. curriculum developed by the board. Purpose: The revised rules implement legislation that (b) Serve beer by the bottle or can or by tap for on-prem- passed during the 2019 legislative session. ises consumption; SHB 1034 (chapter 61, Laws of 2019) created an (c) Serve wine and sake for on-premises consumption; endorsement that allows spirits, beer, and wine restaurants to serve bottles of soju for on-premises consumption to tables of (d) Allow patrons to remove recorked or recapped wine, two or more patrons. The new law also allows restaurants to sake, or soju from the licensed premises; recap soju bottles and for patrons to remove recapped soju (e) Sell wine by the bottle for off-premises consumption bottles from the premises. with the appropriate endorsement; and HB 1672 (chapter 169, Laws of 2019) allows spirits, (f) Sell kegs of malt liquor with the appropriate endorse- beer, and wine restaurants and beer and wine restaurants to ment. This endorsement also allows the sale of beer or cider recap sake purchased for consumption with a meal, and for as defined in RCW 66.24.210(6) ((to a purchaser)) in a sani- patrons to remove the recapped sake. tary container brought to the premises by the purchaser or SB 5909 (chapter 156, Laws of 2019) allows manufac- furnished by the licensee and filled at the tap by the retailer at turers licensed under RCW 66.24.150 to contract with distill- the time of sale. eries, breweries, and wineries to provide packaging services. Additional technical and clarifying changes were made (2) To obtain and maintain a spirits, beer, and wine and unnecessary language was removed. restaurant license, the restaurant must be open to the public at Citation of Rules Affected by this Order: Amending least five hours a day during the hours of 8:00 a.m. and 11:00 WAC 314-02-015 What is a spirits, beer, and wine restaurant p.m., three days a week. license?, 314-02-045 What is a beer and/or wine restaurant (3) All applicants for a spirits, beer, and wine license license?, and 314-30-010 Sales and contracting by manufac- must establish, to the satisfaction of the board, that the prem- turers. ises will operate as a bona fide restaurant. The term "bona Statutory Authority for Adoption: RCW 66.08.030. fide restaurant" means a business where the board can clearly Adopted under notice filed as WSR 20-01-169 on determine that the primary purpose of the business is the ser- December 18, 2019. vice of complete meals. "Complete meals" is defined in Number of Sections Adopted in Order to Comply with WAC 314-02-035. 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 3, AMENDATORY SECTION (Amending WSR 15-01-001, Repealed 0. filed 12/3/14, effective 1/3/15) Number of Sections Adopted at the Request of a Non- governmental Entity: New 0, Amended 0, Repealed 0. WAC 314-02-045 What is a beer and/or wine restau- Number of Sections Adopted on the Agency's own Ini- rant license? (1) Per RCW 66.24.320 and 66.24.354, this tiative: New 0, Amended 0, Repealed 0. license allows a restaurant to: Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended Privilege Annual fee 0, Repealed 0. (a) Serve beer by the bottle or can or $200 Number of Sections Adopted using Negotiated Rule by tap for on-premises consumption. Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule (b) Serve wine or sake for on-prem- $200 Making: New 0, Amended 3, Repealed 0. ises consumption (see RCW Date Adopted: February 5, 2020. 66.24.320 regarding patrons remov- ing recorked or recapped wine or Jane Rushford sake from the premises). Chair (c) Sell beer and/or wine in the origi- $120 nal, unopened containers for off- AMENDATORY SECTION (Amending WSR 17-12-030, filed 5/31/17, effective 7/1/17) premises consumption. (d) Sell tap beer for off-premises con- In conjunction with WAC 314-02-015 What is a spirits, beer, and wine restaurant license? (1) Per RCW 66.24.400, this license sumption in a sanitary container off-premises privi- allows a restaurant to: holding less than four gallons of beer, lege outlined in (c) (a) Serve spirits by the individual glass or soju by the and brought to the premises by the of this subsection. bottle for on-premises consumption((;)). purchaser. [ 1 ] Permanent WSR 20-05-011 Washington State Register, Issue 20-05 Privilege Annual fee (4) Manufacturers selling spirits to a licensed spirits dis- tributor, wine to a licensed wine distributor, or beer to a (e) Sell cider as defined in RCW In conjunction with licensed beer distributor shall file monthly reports with the 66.24.210(6) for off-premises con- off-premises privi- board on forms prescribed by the board showing the quantity sumption to a purchaser in a sanitary lege outlined in (c) of liquor shipped to each above referenced licensee during container brought to the premises by of this subsection. the preceding month. Such report shall be submitted on or the purchaser or provided by the before the twentieth day of the month following the month of licensee and filled at the tap in the sale or delivery. restaurant at the time of purchase. (5) Failure to make such report at the time prescribed The licensee must comply with fed- will be sufficient cause for the board to forthwith suspend or eral regulations. cancel the license privilege of the manufacturer. When the twentieth day of any month falls on a Sunday, or a legal hol- (f) Sell beer in kegs or other contain- In conjunction with iday, the report may be filed not later than the close of busi- ers holding at least four gallons of off-premises privi- ness the next business day.)) beer (see WAC 314-02-115 regarding lege outlined in (c) the requirements for registering of this subsection. kegs). (2) All applicants for a beer and/or wine restaurant WSR 20-05-011 license must establish, to the satisfaction of the board, that the PERMANENT RULES premises will operate as a bona fide restaurant, as defined in BATES TECHNICAL COLLEGE RCW 66.04.010(((30))). [Filed February 6, 2020, 9:08 a.m., effective March 8, 2020] (a) Minimum food service is required, as defined in Effective Date of Rule: Thirty-one days after filing. WAC 314-02-010. Purpose: Chapter 495A-141 WAC, Parking and traffic (b) To obtain and maintain a beer and/or wine restaurant regulations, is being amended to align with current policies license, the restaurant must be open to the public at least five and practices for Bates Technical College. hours a day, three days a week. Citation of Rules Affected by this Order: Amending (3) If a beer and/or wine restaurant's dedicated dining chapter 495A-141 WAC. area comprises less than fifteen percent of the total customer Statutory Authority for Adoption: Chapter 28B.10 and service area, the premises must maintain a tavern license 34.05 RCW. (((see)) as described in WAC 314-02-070 ((regarding the tav- Adopted under notice filed as WSR 19-24-038 on ern license))). November 26, 2019. Number of Sections Adopted in Order to Comply with AMENDATORY SECTION (Amending WSR 12-17-006, Federal Statute: New 0, Amended 0, Repealed 0; Federal filed 8/1/12, effective 9/1/12) Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, WAC 314-30-010 Sales and contracting by manufac- Repealed 0. turers. (1) Manufacturers licensed ((in accordance with)) Number of Sections Adopted at the Request of a Non- under RCW 66.24.150 may sell within the state: governmental Entity: New 0, Amended 0, Repealed 0. (a) Spirituous liquor products only to spirits distribu- Number of Sections Adopted on the Agency's own Ini- tor((s)) licensees; tiative: New 0, Amended 22, Repealed 1. (b) Wine products only to wine distributor licensees; Number of Sections Adopted in Order to Clarify, (c) Beer products only to beer distributor licensees; or Streamline, or Reform Agency Procedures: New 0, Amended (d) To permit holders as authorized by RCW 66.20.010 22, Repealed 1. (7) through (10). Number of Sections Adopted using Negotiated Rule (2) Manufacturers licensed under RCW 66.24.150 may Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: contract with licensed liquor distillers, craft distillers, domes- New 0, Amended 0, Repealed 0; or Other Alternative Rule tic brewers, microbreweries, wineries, and domestic wineries Making: New 0, Amended 0, Repealed 0. to provide packaging services. Contracted packaging services Date Adopted: February 6, 2020. must be done under the provisions outlined in RCW 66.24.- Dr. Jean Hernandez 150 (2) and (3).
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