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Tax and Trade Bureau and the Federal Government Shutdown

New liquor license applicants are required to have federal Tax and Trade Bureau (TTB) approval prior to submitting their application. We understand that there have been some struggles getting TTB approval due to the recent federal government shut down. To accommodate licensees we will accept applications prior to receiving TTB approval for the next two months (April 15, 2019). Applicants will be required to show proof that they have submitted a federal application to qualify for the extension.
This only applies to new entities submitting new applications. It does not apply to licensed entities changing ownership, opening a new location, or moving locations.
Label Approval
Washington State brewers can submit labels using this form. Although the labels still require TTB approval, we will accept the form for two months due to the shut down.

Trending Issues

Duplicate Licenses
We have recently received an influx of questions about obtaining duplicate licenses. A duplicate license is a copy of your license that can be used at an additional location. The WSLCB will issue duplicate licenses for:
  • Spirits/beer/wine restaurant convention centers or resorts with multiple buildings that wish to sell liquor from additional sites on the same property; or
  • Interstate Common Carrier licensees who wish to sell liquor on additional planes, trains, or vessels under the control of the same licensee.
These licensees can apply for a duplicate license here. Duplicate licenses are not available to beer/wine restaurants.

Welcome Our New Liquor Licensing Manager

We are excited to welcome Jon Engelman to the Licensing management team at LCB. The Liquor Licensing Manager position overseas the operations of both the Retail and Non-Retail Liquor Licensing units. Jon’s career began in regulatory improvement positions with the Washington State Department of Commerce and Department of Social and Health Services. After returning to his hometown of Kansas City, he served as the Director of a non-profit community development corporation for ten years and helped to revive a historic area in the city center. His other work includes non-profit consulting and technical writing.
When posed with the question of his favorite quote, Jon easily replied that it would be from fellow Missourian, Harry S. Truman.
"It is amazing what you can accomplish if you do not care who gets the credit."

Legislative Session and the Licensing Process

The 2019 legislative session began January 14 and runs through April 28, 2019. During that time our licensing specialists get an increase in calls from stakeholders about how proposed legislation impacts their business. It's important to remember that a bill is just an idea and non-binding until it passes. A bill does not become law until it passes both the House and the Senate and is signed by the Governor. 
The WSLCB cannot make changes to its process based on proposed legislation. Only after a bill has become law and effective (date found in the legislation) will the changes be incorporated. At the conclusion of each legislative session agency staff compile fact sheets about all of the bills that passed which affect our licensees and operations. These sheets contain a bill summary, how to apply (if applicable), who to contact for questions, and can be found on the LCB website.     

Getting Ready for Outside Service

With the recent cold snap, spending time outside may not be the first thing that comes to mind. However, the season for outside alcohol service is only a few months away. All outside service areas require prior approval from the LCB before you begin using them. To make sure your outside area is up and running when good weather arrives, apply for the Alteration/Added Activity early.
Some things to remember when applying for an outside service area:
  • Your outside service area must be enclosed in a barrier that is, at least, 42 inches in height.
  • The sum of all openings along one side of the outside area cannot exceed 10 feet.
  • The area must be directly connected to your licensed premises.
  • You must have proof of exclusive leasehold rights to the outside area.
  • If any part of the proposed area is on city property, you will need a copy of the city permit to use the space. (It can take time to receive your city permit. Please obtain the city permit, before submitting an Alteration/Added Activity request).
  • There must be an employee dedicated to the outside service area when patrons are present.
Any exceptions to the above only apply to restaurant liquor licenses with the appropriate city Sidewalk Café permit.

Observations from the Field

Regarding Marijuana in Liquor Licensed Premises
Did you know that Washington Administrative Code (WAC) 314-11-015- “What are my responsibilities as a liquor Licensee” defines rules on marijuana consumption in or on your liquor licensed premises?
The WAC states that as a Licensee, you cannot allow or permit the following:
  • Any person to consume any type of marijuana, usable marijuana, or marijuana infused products on the licensed premises.
  • Any person to remain on the licensed premises who has consumed any type of marijuana on the licensed premises.
What can you do about it?
  • Ensure your employees are aware that patrons who are caught using marijuana on the licensed premises must leave the premises immediately.
  • Talk to your employees and provide clear direction in how to handle different marijuana situations. 
  • Remember that you and your employees are responsible for all areas of the licensed premises, including “any part of the property owned or controlled by the licensee.” This includes areas where there might be no permanently assigned staff (such as licensed outdoor service areas and restrooms). 
What happens if there is a violation involving marijuana use on the licensed premises? 
You could be issued an Administrative Violation Notice (AVN) under “conduct violations."
*In a two (2) year window
More information on the WAC can be found at https://apps.leg.wa.gov/wac/default.aspx?cite=314-11-015 or on our website at https://lcb.wa.gov/


Alcohol Rules Update

Several rulemakings are currently underway and are detailed below. As always, we encourage your participation in the rulemaking process and value public input. You can find information about any current rulemaking on the Proposed Rules webpage under Laws and Rules on the WLSCB’s website. You can also find additional materials related to rulemaking items brought to Board meetings on the Board’s webpage under Board Meeting Schedule and Information.
Curbside Service
This rulemaking allows grocery stores to provide curbside service when customers are picking up products ordered through online ordering and pickup programs. The board adopted final rules on January 9, 2019, with an effective date of August 1, 2019. The effective date was delayed in order to give businesses time to update systems to account for the twenty-five dollar minimum order requirement.
Barriers
A CR-101 was issued on August 8, 2018 to initiate the rulemaking process. Rules are being reviewed to revise and update requirements for barriers and designation of areas where minors are not allowed in liquor licensed establishments. Revisions will also update and clarify rules language.
Special Occasion Licenses – Rules Review
A CR-101 was issued on January 23, 2019 to initiate the rulemaking process. Revisions will update and clarify application requirements and rules language.
Acceptable Forms of Identification – Tribal Enrollment Cards
A CR-101 was issued January 9, 2019 to initiate the rulemaking process. Revisions will add tribal enrollment cards from Indian tribes located outside of Washington as acceptable forms of identification. Rulemaking may add the approval process for tribal enrollment cards.
Breweries and Wineries
A CR-101 was issued on February 21, 2018, to initiate the rulemaking process to update and provide clarification for brewery and winery rules. The rulemaking will also address alternating proprietorships, bulk storage of wine, and internet sales. Rules are currently being revised
Spirits Distributor Licensing Fees
A CR-101 was issued on March 21, 2018, to initiate the rulemaking process. Rulemaking will ensure the rules are compliant with any applicable RCW. Rules are needed to address the requirement in statute that retailers pay distributor fees on sales of spirits for resale when no prior distributor fee has been paid on the product.
How can you participate in the rulemaking process? 
Check out our Proposed Rules webpage under Laws and Rules on the WLSCB’s website and submit comments to rules@lcb.wa.gov. All rulemaking activity occurs at Board meetings. You can access Board agendas and meeting materials at the Board’s webpage: Board Meeting Schedule and Information.

Promote public safety and trust through fair administration and enforcement of liquor, cannabis, tobacco, and vapor laws.
-WSLCB Mission Statement
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