reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-030 - Reporting events that shall require that the operator keep written disclosures current

Current through Register Vol. 24-14, July 15, 2024
(1) Not
			 exclusive of others, the following are events that shall require that the
			 operator provide the agency with notice and amendment to the public offering
			 statement, pursuant to the provisions of
			 RCW
			 19.105.420 for the purpose of keeping the
			 public offering statement current:
(a) Any
			 change or event causing information in the public offering statement to be
			 outdated, incorrect, incomplete or deceptive.
(b) Any damage to the property or facilities
			 of a camping resort which limits the use of the properties or facilities by the
			 contract purchasers.
(c) Any hazard
			 threatening the properties or facilities which presents a danger of injury to
			 the contract purchasers or limits their use of properties or
			 facilities.
(d) Any order or action
			 by a local, state or federal regulatory agency in the granting, denial,
			 revocation, or suspension of a permit or authorization affecting the camping
			 resort properties or facilities which limits the use of the camping resort
			 properties or facilities by the contract purchasers.
(e) The completion of promised facilities or
			 the failure to complete promised facilities on a date or at the occurrence of
			 an event, as promised.
(f) A bulk
			 sale of the project or a significant portion of the project to another
			 person.
(g) Changes in the
			 provisions of instruments or documentation utilized to establish the camping
			 resort program or a common-interest entity involved in the camping resort
			 operations.
(h) Any change in the
			 provisions or content of a purchase contract, deed, membership certificate or
			 members handbook.
(i) Lawsuits
			 filed or served, which name the operator, its affiliates or the project's
			 common-interest entity and concern the provisions of the Camping Resorts Act
			 (chapter
			 19.105 RCW) and rules or
			 the financial condition of the operator or its affiliates, the project, or a
			 common-interest entity.
(j) Changes
			 in management, if the project or its amenities are managed by a common-interest
			 entity.
(k) Any new contract,
			 change in a contract, or termination of a contract with an outside
			 reciprocal-use or exchange entity.
(l) Any proposed change in the ratio of
			 contracts to be sold relative to the number of camp sites available.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-040 - Material events that are amendments requiring notice and a filing fee

Current through Register Vol. 24-14, July 15, 2024
(1) Not exclusive
			 of others, the following shall be events that will have a material effect on
			 the conduct of the operation of a camping resort and require both notice to the
			 agency and the submission of a filing fee.
(a)
			 Any proposed sale or transfer, of an interest in the project or shares of stock
			 of the registrant which results in a change of voting, management, or ownership
			 control.
(b) Any removing,
			 substituting, leasing, optioning, selling or withdrawing of existing
			 properties, resorts, or facilities from the camping resort program.
(c) Any adding, deleting, or rearranging of
			 camping sites or facilities within an existing camping resort in a manner that
			 would reduce the size or change the number or quality of sites.
(d) Any adding of camping resorts, facilities
			 or properties to any existing camping resort program and any purchase or
			 acquisition of other camping resorts, facilities or properties by an operator
			 or its affiliates.
(e) Any new
			 encumbrances, liens or loans that affect the camping resort
			 properties.
(f) A change in the
			 status, provisions, or conditions of an escrow, trust, impound, reserve account
			 or other security device being utilized to protect the interests of purchasers,
			 whether or not impound or reserve accounts are required as a condition to
			 registration under
			 chapter
			 19.105 RCW.
(g) The filing by any person of any
			 bankruptcy, receivership, or trustee action that involves any of the camping
			 resort properties, the registrant, a common-interest entity or an affiliate, as
			 a party to the action.
(h) The
			 operator makes an initial offering of stock to the public.
(i) The refinancing of all or any part of the
			 operator's debts affecting the project.
(j) Any change in the financial condition of
			 the registrant, an affiliate, or a common-interest entity, if such change could
			 result in an inability to provide promised sites, facilities, or
			 services.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-050 - Exemptions from registration - Noncommercial resale contract offerings

Current through Register Vol. 24-14, July 15, 2024
As provided in
				RCW
				19.105.325(2), the director
				exempts from the registration requirements of
				chapter
				19.105 RCW the offering
				and selling of resale camping resort contracts by a common interest entity,
				entirely owned and operated by the purchasers of the camping resort contracts,
				which markets no more than ten resale camping resort contracts during any one
				calendar year period, provided that any such offering or selling is
				noncommercial in nature and that registration is not necessary for the
				protection of purchasers. Noncommercial shall mean that the common-interest
				entity is not primarily in the business of offering or selling camping resort
				contracts.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-050, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-050, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-022.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-070 - The public offering statement - Form, content, and preparation

Current through Register Vol. 24-14, July 15, 2024
(1) The written
			 disclosures provided for in
			 RCW
			 19.105.320(1)(b) and
			 19.105.370 shall be in a document
			 to be known as the public offering statement.
(2) The public offering statement shall be
			 prepared and promulgated in a form prescribed by the agency.
(3) Prior to approval of a registration or
			 promulgation of the proposed public offering statement by the applicant, the
			 applicant's draft for the public offering statement shall be reviewed by the
			 agency to determine its completeness and accuracy.
(4) If the agency deems that sections or
			 areas of the proposed public offering statement are incomplete, inaccurate,
			 deceptive, or not presented in the proper format, the agency shall reject the
			 proposed public offering statement and return it to the applicant for
			 correction of noted deficiencies.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-070, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-070, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-027.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-090 - The public offering statement - Delivery to prospective purchasers

Current through Register Vol. 24-14, July 15, 2024
(1) The operator or
			 its agents shall provide all prospective purchasers with the agency-registered
			 public offering statement prior to the completion of a sales presentation or a
			 camping resort tour whether or not such persons purchase a camping resort
			 contract.
(2) Any person who
			 requests of an operator or its agents, a public offering statement, shall be
			 provided the public offering statement, whether or not such person has received
			 a solicitation.
(3) Any prospective
			 purchaser who attends a sales presentation or tour of a camping resort, upon
			 request of the prospective purchaser, shall be given a copy or prototype of the
			 operator's camping resort contract, which the prospective purchaser may retain,
			 whether or not there has been an actual purchase made. No fee shall be charged
			 for this document.
(4) No fee may
			 be charged for the initial copy of the public offering statement provided
			 persons. A fee covering the operator's actual costs for production of the
			 document may be charged for additional copies.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-090, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-090, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-032.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-100 - Purchaser cancellations of contracts - Prompt refund of funds and consideration

Current through Register Vol. 24-14, July 15, 2024
(1)
			 "Promptly" with reference to the refund and return of a person's funds and
			 consideration, referred to in
			 RCW
			 19.105.390 shall be as follows:
(a) For cash, cashiers checks, money orders,
			 credit card slips held and not processed and other similar consideration, the
			 operator or its agents shall make refunds within ten business days of a
			 demand.
(b) For credit card
			 purchases where the operator has processed the credit card slip(s) to the care
			 of the credit card company, the operator shall notify the credit card company
			 of a credit to the account of the purchaser within three business days of a
			 demand.
(c) Promissory notes and
			 similar evidences of debt shall be voided and returned within three business
			 days of demand.
(d) Within ten
			 business days after demand, the operator or its agents shall give the purchaser
			 evidence that the purchase commitment has been voided.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-110 - Financial statements and information

Current through Register Vol. 24-14, July 15, 2024
(1) Financial statements provided by the
			 applicant, reporting on the applicant as a business, shall be audited and
			 prepared in accordance with generally accepted accounting principles by a
			 public accountant independent of the operator or affiliate.
(2) The financial statements shall include a
			 balance sheet, statements of income and changes in financial position for each
			 of the three fiscal years preceding the date of application. For the period
			 between the end of the previous fiscal year and the date of application,
			 interim financial statements, for all calendar quarters covering the period
			 sixty or more days prior to the date of application shall be submitted but need
			 not be audited.
(3) In order to be
			 assured of continued payment of the project operating expenses and the funding
			 of capital improvement accounts for future repairs, replacement or
			 refurbishment of depreciable properties and facilities, and for contingencies,
			 the following financial statements, documentation or information, reporting on
			 the financial operations of the resorts and its facilities, as distinguished
			 from that financial information reporting on the applicant as a business,
			 required in subsections (1) and (2) of this section, are to be provided to the
			 agency:
(a) The location of and amounts in
			 all capital improvement, reserve and contingency accounts.
(b) Financial statements including a balance
			 sheet, statements of income and changes in financial position covering the
			 camping resort operating income and expenses and funding of capital
			 improvements, for each of the three fiscal years preceding the date of
			 application, or for the preceding year for a renewal applicant.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-120 - Written disclaimer of endorsement

Current through Register Vol. 24-14, July 15, 2024
The public offering statement and each advertisement or sales
				promotional literature required to be filed pursuant to
				RCW
				19.105.360(1) or that is
				utilized by an operator, its agents or affiliates, shall contain, in a
				conspicuous location, the following statement in at least 10 point type:
THIS DOCUMENT HAS BEEN FILED WITH THE DEPARTMENT OF LICENSING,
				STATE OF WASHINGTON, AS REQUIRED BY WASHINGTON LAW. VALUE, QUALITY, OR
				CONDITIONS STATED, AND PERFORMANCE ON PROMISES ARE THE RESPONSIBILITY OF THE
				OPERATOR, NOT THE DEPARTMENT. THE FILING DOES NOT MEAN THAT THE DEPARTMENT HAS
				APPROVED THE MERITS OR QUALIFICATIONS OF ANY REGISTRATION, ADVERTISING, OR ANY
				GIFT, PRIZE, OR ITEM OF VALUE AS PART OF ANY PROMOTIONAL
				PLAN.
Statutory Authority: RCW 19.105.130. 91-01-082, §
				  308-420-120, filed 12/17/90, effective 1/17/91. Formerly WAC
				  460-90A-055.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-140 - Receipt of written disclosures

Current through Register Vol. 24-14, July 15, 2024
The camping resort operator or salesperson shall obtain from
				each person that tours a camping resort or attends a sales presentation, a
				signed statement evidencing receipt of the public offering statement. The
				operator shall retain each receipt for a period of at least three years from
				the date of signature thereon.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-140, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-140, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-070.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-150 - Depository

Current through Register Vol. 24-14, July 15, 2024
Funds subject to an impound condition shall be placed in a
				separate trust account with a bank or depository institution approved by the
				director. A written consent of the depository to act in such capacity shall be
				filed with the director.
Statutory Authority: RCW 19.105.130. 91-01-082, §
				  308-420-150, filed 12/17/90, effective 1/17/91. Formerly WAC
				  460-90A-080.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-160 - Operation of impound condition

Current through Register Vol. 24-14, July 15, 2024
When an impound condition is imposed in connection with the
				registration of camping resort contracts, up to 100% of the proceeds and other
				funds as specified by the impound conditions shall, be placed with the
				depository within 48 hours after the cancellation periods prescribed in WAC
				308-420-100 or the next banking
				day after the cancellation periods whichever is later, until the director takes
				further action pursuant to WAC
				308-420-170.
Statutory Authority: RCW 19.105.130. 91-01-082, §
				  308-420-160, filed 12/17/90, effective 1/17/91. Formerly WAC
				  460-90A-090.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-170 - Release of impounds

Current through Register Vol. 24-14, July 15, 2024
The director or administrator will authorize the depository to
				release to the operator or others as provided in the terms of the impound, the
				amount of the impounded funds applicable to a specified purpose, upon a showing
				that the operator can satisfy his obligations under the camping resort contract
				and the impound arrangement or that for other reasons the impound is no longer
				required for the protection of the purchasers. An application for an order of
				the director or administrator authorizing the release of the impound to the
				operator or other persons shall be by affidavit and shall contain the
				following:
(1) A statement of the
			 operator that all required proceeds and documents from the sale of camping
			 resort contracts have been placed with the depository in accordance with the
			 terms and conditions of the impound agreement.
(2) A statement of the depository signed by
			 an appropriate officer setting forth the amount of funds placed, already
			 disbursed and presently in the custody of the depository.
(3) The names of each contract purchaser and
			 the amount held in the impound for each of the accounts.
(4) Such other information as the director
			 may request.
Statutory Authority: RCW 19.105.130. 91-01-082, §
				  308-420-170, filed 12/17/90, effective 1/17/91. Formerly WAC
				  460-90A-100.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-180 - Fee for impound

Current through Register Vol. 24-14, July 15, 2024
The director shall impose a fee for each impound or reserve
				required to be set up pursuant to
				RCW
				19.105.340 and
				19.105.350.
Statutory Authority: RCW 19.105.130. 91-01-082, §
				  308-420-180, filed 12/17/90, effective 1/17/91. Formerly WAC
				  460-90A-105.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-190 - Renewals

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
			 RCW
			 19.105.420 an application for renewal shall
			 be made on a form to be provided by the agency.
(2) It shall be the applicant's
			 responsibility to procure forms and file them with the agency.
(3) The renewal application shall include the
			 following:
(a) Affidavits by the operator
			 stating whether or not there have been any changes in the information and
			 documentation previously submitted for purposes of registration.
(b) Copies or prototypes of all amended,
			 altered, or new documentation evidencing changes; the changes shall be
			 underlined or referred to by footnotes.
(c) A draft of a proposed amended public
			 offering statement evidencing changes; the changes shall be underlined or
			 referred to by a cover letter calling the agency's attention to the proposed
			 changes, additions to or deletions from the public offering statement
			 previously accepted by the agency.
(d) A copy of all camping resort contract
			 forms marked and underscored to reflect changes, additions or
			 deletions.
(e) Financial statements
			 and information as provided for in WAC
			 308-420-110 will be required to
			 be submitted once every four years beginning from the original registration
			 approval date or at any other time the department deems necessary to determine
			 the financial stability of the company.
(f) Payment of fees as provided for in
			 RCW
			 19.105.411.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-200 - Salesperson registrations

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Each applicant for registration as a camping resort salesperson shall register
			 on a form prescribed by the agency and pay a filing fee as provided by the
			 director.
(2) Registration as a
			 camping resort salesperson shall be renewed annually or at the time the
			 salesperson obtains employment by a camping resort operator subsequent to a
			 termination of a employment by a camping resort operator, by the filing of a
			 form prescribed by the agency and payment of the proscribed fee.
(3) The following information shall be
			 provided on the original application or renewal of a camping resort
			 salesperson's registration:
(a) A copy of any
			 criminal conviction, including a guilty plea, within the last ten years, or any
			 conviction that resulted in the applicant having to register as a sex offender
			 regardless of whether the conviction is over ten years old.
(b) A copy of any civil or administrative
			 judgment or order involving dishonesty, fraud, or violation of any act designed
			 to protect consumers that names the applicant as a party.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-210 - Request for withdrawal of camping resort property

Current through Register Vol. 24-14, July 15, 2024
A camping resort operator may request written approval from the
				director for authority to withdraw any substantial camping or recreation
				portion of any camping resort property devoted to camping or recreational
				activities pursuant to
				RCW
				19.105.380(1)(q)(iv) by
				filing with the director a request ninety days before the intended withdrawal
				date or such lesser time as the director may allow identifying the portion of
				the property to be withdrawn and stating the reasons for such withdrawal
				accompanied by copies of any materials or data supporting such reasons or the
				necessity for such withdrawal.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-210, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-210, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-130.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-230 - Rainchecks

Current through Register Vol. 24-14, July 15, 2024
(1) In the event
			 rainchecks, in lieu of an offered item are provided to recipients, a report
			 will be due to the agency by the 10th of each month, listing all rainchecks
			 outstanding as of the last day of the preceding month and indicating deliveries
			 of any previously reported rainchecked items.
(2) All gifts, prizes, awards, sweepstakes,
			 premiums, free items or other items, with the exception of the major incentives
			 with odds of 1:1,000 or greater must be available for display to the recipient
			 prior to the sales presentation. In the event rainchecks are to be presented,
			 this fact must be announced prior to the tour or sales presentation.
Statutory Authority:
				  RCW
				  19.105.530(1),
				  43.24.023. 03-03-054, §
				  308-420-230, filed 1/13/03, effective 2/13/03. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-230, filed 12/17/90, effective
				  1/17/91.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-240 - Fees and charges

Current through Register Vol. 24-14, July 15, 2024
The following fees shall be paid under the provisions of
				chapter 19.105 RCW:
TITLE OF FEE
FEE
(1)
Original registration:
One camping resort
$3,240.00
Each additional camping resort in this state
1,040.00
(2)
Contract fees:
One to five hundred contracts
500.00
Each additional five hundred contracts, or fraction
						  thereof
100.00
(3)
Renewal fees:
Annual renewal
2,040.00
Each additional camping resort in this state
840.00
Contract fees as described in subsection (2) of this
						  section for each grouping of contracts:
One to five hundred contracts
500.00
Each additional five hundred contracts, or fraction
						  thereof
100.00
Late renewal penalty
840.00
(4)
Fees for amending registration and public offering
						  statements:
For each amendment of registration or the public
						  offering statement, not requiring an examination of documentation for adding
						  campground or additional contracts to registration
50.00
Amendment for the establishment of an additional
						  campground into the registration for which an examination of documents is
						  required exclusive of any other fees
1,500.00
Penalty fee for failure to file an amendment within
						  thirty days of the occurrence of a material change as defined in WAC
						  308-420-030
						  or
						  308-420-040
100.00
(5)
Fees for impounds, escrows, trust and
						  depositories:
For each initial establishment of impound, escrow,
						  trust or other arrangement requiring agency monitoring
250.00
Each required periodic report
20.00
(6)
Advertising filings:
Each individual advertisement filed with the
						  department
100.00
Advertisement involving no examination of campground
						  instruments and which are for the purpose of marketing surveys or feasibility
						  studies
75.00
(7)
Salesperson fees:
Registration
165.00
Renewal
165.00
Transfer
150.00
Print license fee
5.00
(8)
Fees for exemptions and exemption applications:
Review of application for exemption under
						  RCW
						  19.105.320(2)
150.00
(9) All fees are nonrefundable after the application
						  has been received.
(10) All fees shall be paid to the order of the
						  Washington state treasurer.
Statutory Authority:
				  RCW
				  19.105.411,
				  43.24.086, and 2001 c 7.
				  02-15-168, § 308-420-240, filed 7/23/02, effective 1/1/03. Statutory
				  Authority:
				  RCW
				  19.105.411 and 43.240.086. 98-18-082, §
				  308-420-240, filed 9/1/98, effective 10/2/98. Statutory Authority: RCW
				  19.105.130. 91-01-082, § 308-420-240, filed 12/17/90, effective 1/17/91.
				  Formerly WAC 460-90A-145.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-250 - Application of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
The director adopts
				RCW
				34.05.482 through
				34.05.494 for the administration
				of brief adjudicative proceedings conducted by request, and/or at the
				discretion of the director pursuant to
				RCW
				34.05.482, for the categories of matters set
				forth below. Brief adjudicative proceedings will be limited to a determination
				of one or more of the following issues:
(1) Whether an applicant for a registration
			 meets the minimum criteria for a registration as a camping resort, camping
			 resort operator or camping resort salesperson in this state and the department
			 proposes to deny the application;
(2) Whether a person is in compliance with
			 the terms and conditions of a final order or agreement previously issued by the
			 department; and
(3) Whether a
			 registration holder requesting renewal has submitted all required information
			 and whether a registration holder meets minimum criteria for renewal.
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-048, § 308-420-250, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-260 - Preliminary record in brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) The preliminary record with respect to an
			 application for an original or renewal registration shall consist of:
(a) The application for the registration or
			 renewal and all associated documents;
(b) All documents relied upon by the agency
			 in proposing to deny the registration or renewal; and
(c) All correspondence between the applicant
			 for registration or renewal and the agency regarding the application.
Washington Administrative Code › Title 308 - Licensing, Department of (See also Titles 36, 98 and 196) › Chapter 308-420 - Camping resorts-Contracts-Resale, etc › Section 308-420-270 - Conduct of brief adjudicative proceedings

Current through Register Vol. 24-14, July 15, 2024
(1) Brief adjudicative proceedings shall be
			 conducted by a presiding officer for brief adjudicative proceedings designated
			 by the director. The presiding officer for brief adjudicative proceedings shall
			 not have personally participated in the decision which resulted in the request
			 for a brief adjudicative proceeding.
(2) The parties or their representatives may
			 present written documentation. The presiding officer for brief adjudicative
			 proceedings shall designate the date by which written documents must be
			 submitted by the parties.
(3) The
			 presiding officer for brief adjudicative proceedings may, in his or her
			 discretion, entertain oral argument from the parties or their
			 representatives.
(4) No witnesses
			 may appear to testify.
(5) In
			 addition to the record, the presiding officer for brief adjudicative
			 proceedings may employ agency expertise as a basis for the decision.
(6) The presiding officer for brief
			 adjudicative proceedings shall not issue an oral order. Within ten days of the
			 final date for submission of materials or oral argument, if any, the presiding
			 officer for brief adjudicative proceedings shall enter an initial
			 order.
Statutory Authority:
				  RCW
				  34.05.410(1)(a) and
				  34.05.482(1)(c).
				  97-10-048, § 308-420-270, filed 5/1/97, effective
				  6/1/97.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-01 - Definitions › Section 314-01-005 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to Title 314 WAC. Additional
				definitions are in
				RCW
				66.04.010.
(1) "Licensed premises" or "premises" means
			 all areas of a premises under the legal control of the licensee and available
			 to or used by customers and/or employees in the conduct of business operations.
			 Specific alcohol consumption areas of a licensed premises shall be approved by
			 the board.
(2) "Card of
			 identification" means the forms of identification that are acceptable to verify
			 a person's age per RCW 66.16.040.
(3) "Employee" means any person performing
			 services on a licensed premises for the benefit of the licensee.
(4) "Liquor enforcement officers" means any
			 individual designated as a liquor enforcement officer by the board, and any
			 peace officer as defined by
			 RCW
			 9A.04.110(15) as it now
			 exists or may later be amended.
(5)
			 "Liquor" means beer, wine, or spirits (per
			 RCW
			 66.04.010(19) -
			 Definitions).
Statutory Authority:
				  RCW
				  66.08.030,
				  66.04.010. 01-06-016, §
				  314-01-005, filed 2/26/01, effective
				  3/29/01.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-005 - What is the purpose of chapter 314-02 WAC?

Current through Register Vol. 24-14, July 15, 2024
Chapter 314-02 WAC outlines the qualifications for the
				following liquor licenses:
(1) Spirits, beer,
				and wine restaurants;
(2)
				Nightclubs;
(3) Spirits, beer, and
				wine restaurant restricted;
(4)
				Hotels;
(5) Spirits, beer, and wine
				theater;
(6) Beer and wine
				theater;
(7) VIP airport
				lounge;
(8) Beer and/or wine
				restaurants;
(9)
				Sports/entertainment facilities;
(10) Snack bars;
(11)
				Taverns;
(12) Motels;
(13) Nonprofit arts organizations;
(14) Grocery stores;
(15) Beer/wine specialty shops;
(16) Beer/wine gift delivery
				businesses;
(17) Spirits
				retailer;
(18) Caterers;
				and
(19) Senior center.
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.363. 11-01-133, §
				  314-02-005, filed 12/21/10, effective 1/21/11. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.600. 10-01-091, §
				  314-02-005, filed 12/16/09, effective 1/16/10. Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.590. 08-17-067, §
				  314-02-005, filed 8/19/08, effective 9/19/08. 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.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this title
				unless the context clearly requires otherwise. Additional definitions can be
				found in RCW 66.04.010.
(1) "Adjacent" means having a common endpoint
			 or border where the extension of the property lines of the licensed premises
			 contacts that common border.
Click
				to view image
(2)
			 "Banquet room" means any room used primarily for the sale and service of food
			 and liquor to private groups.
(3)
(a) "Complete meal" means:
(i) An entree with at least one side dish
			 available to order. Side dishes must be offered and available to order with the
			 entree, but are not required to be included; or
(ii) A combination of small plates that are
			 intended to be ordered many at a time or on a rolling basis throughout the meal
			 service.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-014 - What is a food counter, a liquor bar, and a service bar and are minors allowed in these areas?

Current through Register Vol. 24-14, July 15, 2024
Allowed in areas where minors are permitted?
Area where alcoholic beverages are prepared.
A food counter is a table or counter set up for the
							 primary purpose of food service to customers who sit or stand at the counter.
							 Any alcohol served is incidental to food service. Alcoholic beverages are not
							 prepared at a food counter.
yes
no
A liquor bar is a table or counter where alcohol is
							 stored or prepared and served to customers who sit or stand at the bar. This
							 includes alcohol dispensers that are placed on or attached to the table or
							 counter. Liquor bars can only be in lounges or in premises where minors are not
							 allowed at any time.
no
yes
A service bar is a fixed or portable table, counter,
							 cart, or similar work station primarily used to prepare, mix, serve, and sell
							 alcohol that is picked up by employees or customers. Customers may not be
							 seated or allowed to consume food or alcohol at a service bar.
yes
yes
Statutory Authority:
				  RCW
				  66.04.010,
				  66.08.030,
				  66.24.410,
				  66.44.310, and 66.44.420.
				  05-22-022, § 314-02-014, filed 10/24/05, effective
				  11/24/05.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-015 - What is a spirits, beer, and wine restaurant license?

Current through Register Vol. 24-14, July 15, 2024
(1) Per
			 RCW
			 66.24.400, this license allows a restaurant
			 to:
(a) Serve spirits by the individual glass
			 or soju by the bottle for on-premises consumption.
(i) Soju served by the bottle may only be
			 served in restaurants holding a soju endorsement and must be served under the
			 provisions outlined in
			 RCW
			 66.24.400(5);
(ii) Soju endorsement holders must ensure
			 servers providing soju to patrons are trained every five years in the soju
			 curriculum developed by the board.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-020 - What are the fee categories for a spirits, beer, and wine restaurant license?

Current through Register Vol. 24-14, July 15, 2024
(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 inside 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. Areas dedicated to live music or
			 entertainment, such as dance floors or stages are not considered dedicated
			 dining areas. Dedicated dining areas may not contain:
(a) Liquor bars (see definition under WAC
			 314-02-010(2) );
			 or
(b) Areas dedicated to games or
			 gaming devices.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-025 - What are the floor space requirements to obtain and maintain a spirits, beer, and wine restaurant license or a beer and wine restaurant license?

Current through Register Vol. 24-14, July 15, 2024
(1) The liquor and
			 cannabis board has the responsibility to classify what licensed premises or
			 what portions of the licensed premises are off-limits to minors per
			 RCW
			 66.44.310(2). Minors may not
			 purchase, possess, or consume liquor, and may not enter any areas that are
			 classified as off-limits to minors per
			 RCW
			 66.44.290 and
			 66.44.310. The purpose of this
			 rule is to clarify the ways in which licensees can prevent minors from
			 consuming alcohol or entering areas classified as off-limits to
			 minors.
(2) Dedicated dining areas
			 - If a spirits, beer, and wine restaurant licensee or a beer and wine
			 restaurant licensee that allows minors chooses to have live music, Karaoke,
			 patron dancing, live entertainment, or contests involving physical
			 participation by patrons in the dedicated dining area after 11:00 p.m., the
			 licensee must either:
(a) Request board
			 approval to reclassify the dining area to a lounge for the period of time that
			 live entertainment is conducted, thus restricting minors during that time;
			 or
(b) Notify the board in writing
			 at least forty-eight hours in advance that the sale, service, and consumption
			 of liquor will end in the dedicated dining area after 11:00 p.m. Requests or
			 notifications may cover one event or a series of recurring events over a period
			 of time.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-027 - What are the requirements/restrictions for a spirits, beer, and wine restaurant license at a cinema with a dinner theater venue?

Current through Register Vol. 24-14, July 15, 2024
(1) A spirits, beer, and wine restaurant
			 licensee at a cinema with a dinner theater venue must meet the following
			 requirements:
(a) Food service requirements
			 under WAC
			 314-02-035; and
(b) Lighting requirements under WAC
			 314-11-055.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-030 - Can a spirits, beer, and wine restaurant exclude persons under twenty-one years of age from the premises?

Current through Register Vol. 24-14, July 15, 2024
A spirits, beer, and wine restaurant licensee may exclude
				minors from the entire premises at all times as approved by the board.
(1) To exclude minors from the entire
			 licensed premises at all times the applicant or licensee must:
(a) Indicate during the liquor license
			 application process that he/she does not wish to have minors on the entire
			 premises at all times; or
(b) If
			 already licensed as a spirits, beer, and wine restaurant that allows minors,
			 the applicant may request permission from the board's licensing and regulation
			 division to exclude minors at all times or for a specific event. See WAC
			 314-02-130 for instructions on
			 requesting this approval.
(c)
			 Spirits, beer, and wine restaurant licensees who exclude minors from the entire
			 premises at all times or at certain times must meet all other requirements of
			 this license, including the food service requirements outlined in WAC
			 314-02-035.
(d) During the times that a spirits, beer,
			 and wine restaurant licensee excludes minors from the entire premises, the
			 licensee may not employ minors. (See
			 RCW
			 66.44.316 for more information on employing
			 minors.)
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-033 - Do spirits, beer, and wine restaurants that exclude minors from the premises have to put demarcations around their dedicated dining area(s)?

Current through Register Vol. 24-14, July 15, 2024
Spirits, beer, and wine restaurant licensees who exclude minors
				from the entire premises at all times are only required to place demarcations
				described in WAC
				314-02-025
				around dedicated dining areas for the purpose of paying the lower annual
				license fee (fifty percent to ninety-nine percent dedicated dining area).
				Restaurants that do not allow minors at any time and do not wish to have
				demarcations around their dining area(s) must pay the higher annual license fee
				(less than fifty percent dedicated dining area). (See WAC
				314-02-020
				for an explanation of fees.)
Statutory Authority:
				  RCW
				  66.08.030 and
				  66.24.363. 11-01-133, §
				  314-02-033, filed 12/21/10, effective 1/21/11. Statutory Authority:
				  RCW
				  66.04.010,
				  66.08.030,
				  66.24.410,
				  66.44.310, and 66.44.420.
				  05-22-022, § 314-02-033, filed 10/24/05, effective
				  11/24/05.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-035 - Food service requirements for a spirits, beer, and wine restaurant license

Current through Register Vol. 24-14, July 15, 2024
(1) A spirits,
			 beer, and wine restaurant licensee must serve at least four complete meals.
			 Establishments shall be maintained in a substantial manner as a place for
			 preparing, cooking, and serving of complete meals.
"Complete meal" is defined in WAC
				314-02-010.
(2) The restaurant must maintain the kitchen
			 equipment necessary to prepare the complete meals required under this
			 section.
(3) The complete meals
			 must be prepared on the restaurant premises.
(4) A chef or cook must be on duty while
			 complete meals are offered.
(5) A
			 menu must be available to customers.
(6) The food items required to maintain the
			 menu must be on the restaurant premises. These items must be edible.
(7) Restaurants that have 100 percent
			 dedicated dining area must maintain complete meal service any time liquor is
			 available for sale, service, or consumption.
(8)
(a)
			 Restaurants with less than 100 percent dedicated dining area must maintain
			 complete meal service for a minimum of five hours a day during the hours of
			 8:00 a.m. and 11:00 p.m., three days a week.
(b) Minimum food service must be available
			 during hours of alcohol service when complete meal service is not offered.
			 "Minimum food service" is defined in WAC
			 314-02-010.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-036 - What is a spirits, beer, and wine nightclub license?

Current through Register Vol. 24-14, July 15, 2024
(1) This license allows a nightclub as
			 defined in
			 RCW
			 66.04.010(28) to:
(a) Sell and serve spirituous liquor by the
			 individual drink for on-premises consumption;
(b) Sell and serve beer by the open bottle,
			 can, or by tap for on-premises consumption; and
(c) Sell and serve wine for on-premises
			 consumption.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-037 - What are the floor space requirements for a spirits, beer, and wine nightclub license?

Current through Register Vol. 24-14, July 15, 2024
(1) The liquor and
			 cannabis board has the responsibility to classify what licensed premises or
			 what portions of a licensed premises are off limits to minors.
(a) Any areas in the licensed premises where
			 alcohol is sold, served, or consumed is classified as off-limits to minors
			 (RCW
			 66.44.310(2) ).
(b) Minors may be allowed on the licensed
			 premises but only in areas where alcohol is not served or consumed.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-038 - Can a spirits, beer, and wine nightclub license exclude persons under twenty-one years of age from the premises?

Current through Register Vol. 24-14, July 15, 2024
A spirits, beer, and wine nightclub licensee may exclude minors
				from the premises at all times.
(1) To
			 exclude minors from the entire licensed premises at all times, the applicant
			 must:
(a) Indicate during the liquor license
			 application process that he/she does not wish to have minors on the entire
			 premises at all times; or
(b) If
			 already licensed as a spirits, beer, and wine nightclub license that allows
			 minors, the licensee may request permission from the board's licensing and
			 regulation division to exclude minors at all times. See WAC
			 314-02-130 for instructions on
			 requesting this approval.
Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-02 - Requirements for retail liquor licensees › Section 314-02-039 - What type of restrictions may be placed on a spirits, beer, and wine nightclub license?

Current through Register Vol. 24-14, July 15, 2024
(1) Local
			 government may petition the board to request further restrictions be imposed on
			 a spirits, beer, and wine nightclub license in the interest of public safety.
			 Public safety does not include items such as noise ordinances and trash pickup.
(a) The local authority must request any
			 additional restrictions within twenty days from the date of the local authority
			 notice sent by the board.
A request for additional restrictions must be accompanied by a
				written explanation for the restriction and how the restriction relates to
				public safety.
(b) If the
			 local authority requests further restrictions on the license, the board will
			 notify the applicant of the local authorities' request.
(c) Any restrictions requested by the local
			 authority and approved by the board may be enforced by the board.
(d) The board may impose the restriction of a
			 "good neighbor agreement" requested by the local authority, but will not
			 enforce agreements between a local authority and liquor licensee or
			 applicant.