Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-17A - Classifications for Washington workers' compensation insurance › Section 296-17A-3905 - Classification 3905

Current through Register Vol. 24-14, July 15, 2024
3905-00 Restaurants, N.O.C.
Applies to establishments engaged in restaurant operations not
				covered by another classification (N.O.C.). These establishments are
				"traditional, family or full service" restaurants that provide sit-down
				services, or cafeteria or buffet style meals. This classification includes the
				preparation and service of food and beverages. Establishments in this
				classification may serve beer and wine including on premises consumption of
				beer from microbrewery operations in connection with the restaurant; however,
				they are prohibited from selling spirits or hard liquor. Typical occupations
				include, but are not limited to, hostesses, wait staff and assistants, cooks,
				dishwashers, cashiers, and managerial staff. This classification also includes
				the preparation of "take-out food" that customers pick up directly from the
				restaurant for consumption away from the premises and the operation of a card
				room in conjunction with the restaurant.
This classification excludes establishments engaged in
				operating restaurants or lounges that sell spirits or hard liquor which are to
				be reported separately in classification 3905-07, and catering services that
				are not part of the restaurant operation which are to be reported separately in
				classification 3909.
Special note
:
Traditional, family
				or full service restaurants are establishments where wait persons bring
				customers a menu, take orders, and deliver prepared meals to the customer's
				table or where customers choose from a variety of food items from a buffet or
				cafeteria style service. Such establishments will generally use nondisposable
				eating utensils and plates to serve food as opposed to throw away paper plates
				and plastic eating utensils. Includes establishments where orders are placed at
				the counter, and the food or drink is delivered to your table. Care should be
				exercised when dealing with establishments that provide entertainment such as
				musicians, entertainers, disc jockeys or piano players who may be exempt from
				coverage as an independent contractor. Musicians or entertainers who are
				considered to be employees of a restaurant are to be reported separately in
				classification 6605.
3905-01 Food trucks, food, drink, and candy vendors or
				concessionaires
Applies to street vendors, food trucks, and food, drink or
				candy concessions at places such as, but not limited to, ball parks, race
				tracks, theaters, exhibitions, and other public or private spaces. This
				classification is applicable only to food service or concession operations
				which are operated independently from the facility or event where the service
				is being provided. These independent vendors selling food items are not
				employees of the facility or site where the event or exhibition is taking
				place. Vendors subject to this classification sell a variety of foods, snacks,
				and beverages from booths, food trucks, mobile push carts, mobile stands,
				carrying boxes, or trays.
This classification excludes food and beverage operations
				(concession stands) operated in connection with an event or facility by
				employees of the event sponsor or facility operator which are to be reported
				separately in the classification applicable to the event or exhibition; route
				food services selling prepackaged items on a route, which are to be reported
				separately in classification 1101; vendors of nonfood items which are to be
				reported separately in the applicable classification; and vending machine
				service companies that replenish food, snack and beverage products in
				connection with the vending machine business which are to be reported
				separately in classification 0606.
3905-03 Commissaries and restaurants with construction,
				erection, logging or mine operations
Applies to commissary or restaurant operations conducted
exclusively
in connection with a construction, erection,
				logging or mining camp operation. This classification is limited to food
				preparation services provided at a camp site or at a mess hall used to feed
				employees of the construction, logging, erection, or mining company. The foods
				prepared and served are not intended for, or offered to, the general
				public.
Special note
:
The purpose of this
				classification is to provide employees engaged in the food preparation activity
				with a classification representative of the work being performed, even though
				such activities may be occurring at or adjacent to the construction, logging,
				erection or mining site as provided for in the general reporting rule covering
				general inclusions.
3905-04 Eating establishments, N.O.C. such as public
				lunch counters in stores
Applies to establishments not covered by another classification
				(N.O.C.) engaged in operating lunch counters and restaurants within a retail
				store location. Use of this classification is limited to employees of an
				employer who also operates the retail store where the food service is
				located.
3905-06 Taverns
Applies to establishments engaged in the operation of a tavern.
				A tavern is primarily engaged in the sale of beer, wine, and alcoholic
				beverages for on-premises consumption, and may also provide a variety of foods
				ranging from peanuts and pretzels to hot food dishes. Typical occupations
				include, but are not limited to, bartenders, wait staff and assistants, cooks,
				dishwashers, and managerial staff. Beer may also be sold by the keg with the
				rental of necessary taps and pumps. This classification includes the operation
				of a "beer garden" at special events such as, but not limited to, fairs or race
				meets, and the operation of a card room in connection with the tavern.
Special note
:
Care should be
				exercised when dealing with establishments that provide entertainment such as
				musicians, entertainers, disc jockeys or piano players who may be exempt from
				coverage as an independent contractor. Musicians or entertainers who are
				considered to be employees of a tavern must be reported separately in
				classification 6605.
3905-07 Restaurants serving spirits or hard
				liquor
Applies to establishments engaged in the operation of a
				restaurant having a license to sell spirits or hard liquor, beer and wine in
				connection with their food preparation and service. This classification
				includes the preparation and service of food and beverages at sit down
				restaurants and lounges including on premises consumption of beer from
				microbrew-ery operations in connection with the restaurant. Such establishments
				have extensive cooking facilities and equipment to prepare full meals. Typical
				occupations covered by this classification include, but are not limited to,
				bartenders, hostesses, wait staff and assistants, valet parking attendants,
				cooks, busboys, dishwashers, cashiers, and managerial staff. This
				classification also includes the preparation of "take-out food" that customers
				pick up directly from the restaurant for consumption away from the premises and
				the operation of a card room in connection with the restaurant.
This classification excludes establishments engaged as a
				restaurant without a license to sell spirits or hard liquor which are to be
				reported separately in classification 3905-00; taverns which are to be reported
				separately in classification 3905-06; catering services which are not part of a
				restaurant operation which are to be reported separately in classification
				3909; musicians who are to be reported separately in classification 6605; and
				entertainers such as dancers who are to be reported separately in
				classification 6620.
Special note
:
Care should be
				exercised when dealing with establishments that provide entertainment such as
				musicians, entertainers, disc jockeys or piano players who may be exempt from
				coverage as independent contractors. Musicians or entertainers who are
				considered to be employees of a restaurant must be reported separately in
				classification 6605.
3905-08 Pizza parlors
Applies to establishments engaged in operating a pizza parlor
				or restaurant. Establishments subject to this classification specialize in the
				preparation and sales of pizza (but may also provide other foods) and beverages
				such as wine, beer, alcoholic beverages, or soft drinks for on-premises
				consumption. Typical occupations include, but are not limited to, hostesses,
				wait staff and assistants, cooks, dishwasher, cashiers, and managerial staff.
				This classification also includes establishments that deliver pizza to
				customers, or where customers can pick up already prepared pizza at the shop,
				but where no customer seating is provided.
This classification excludes U-bake pizza operations which are
				to be reported separately in classification 6403.
Special note
:
Care should be
				exercised when dealing with establishments that provide entertainment such as
				musicians, entertainers, disc jockeys or piano players who may be exempt from
				coverage as independent contractors. Musicians or entertainers who are
				considered to be employees of a pizza parlor must be reported separately in
				classification 6605.
3905-09 Fast food drive-ins, N.O.C.
Applies to establishments engaged in the operation of fast food
				drive-ins or restaurants. These establishments serve easily prepared foods
				quickly and nonalcoholic beverages which can be eaten on the premises or picked
				up by customers at a counter or a drive through window. Fast food
				establishments offer a variety of menu items such as, but not limited to,
				hamburgers, french fries, tacos, sandwiches, fried chicken, hot dogs, fish and
				chips, smoothies. Such establishments will generally use disposable eating
				utensils and throw away plates.
This classification excludes full service restaurants which are
				to be reported separately in classification 3905-00.
3905-11 Soft drink lounges
Applies to establishments engaged in operating soft drink
				lounges. These types of establishments may provide entertainment such as
				dancing for an adult audience or a place where youth under age 21 can dance or
				listen to music. These lounges do not sell alcoholic beverages. This
				classification includes the preparation and service of light snacks and hors
				d'oeuvres, such as chips, peanuts, pretzels or finger sandwiches.
This classification excludes entertainers such as exotic
				dancers who are to be reported separately in classification 6620; and musicians
				who are to be reported separately in classification 6605.
Special note
:
Care should be
				exercised when dealing with establishments that provide entertainment such as
				musicians, entertainers, disc jockeys or piano players who may be exempt from
				coverage as independent contractors. Musicians or entertainers who are
				considered to be employees of a lounge must be reported separately in
				classification 6605 or 6620 as applicable.
3905-12 Ice cream parlors
Applies to establishments engaged in the operation of an ice
				cream parlor or frozen yogurt shop. These specialty shops offer a limited menu,
				usually confined to ice cream and frozen yogurt offered in individual servings,
				various size containers, and specialty items. Special occasion ice cream cakes
				may be ordered and picked up at a later date by the customer. These
				establishments usually provide customer seating.
This classification excludes route food services selling
				prepackaged ice cream on a route, which are to be reported separately in
				classification 1101.
3905-13 Candy, nut, and popcorn retail stores with
				on-premises manufacturing
Applies to establishments engaged in operating candy, nut or
				popcorn stores where some or all the products sold are manufactured on the
				premises. Establishments in this classification may sell a variety of candies,
				nuts, or popcorn, or may specialize in one or two products. They may also sell
				their products in gift wrapped packages.
This classification excludes establishments engaged in selling
				candy, nuts, or popcorn,
that do not manufacture
any product
				on the premises, which are to be reported separately in classification 6406;
				and establishments primarily engaged in the wholesale manufacturing of candy
				which is to be reported separately in classification 3906.
3905-14 Espresso/coffee stands and carts
Applies to vendors operating espresso or coffee stands or
				carts. Products sold include, but are not limited to, coffee, espresso, lattes,
				Italian sodas, soft drinks, pastries and prepackaged items. These types of
				vendors
do not prepare food
. This classification is
				distinguishable from retail coffee, tea or spice stores in that coffee stands
				or carts in classification 3905 sell only ready-to-serve products; they do not
				sell packaged coffee, tea or spice items.
Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.16.100. 12-11-109, §
				  296-17A-3905, filed 5/22/12, effective 7/1/12. 07-01-014, recodified as §
				  296-17A-3905, filed 12/8/06, effective 12/8/06. Statutory Authority:
				  RCW
				   51.16.035,
				  51.16.100. 06-12-075, §
				  296-17-618, filed 6/6/06, effective 7/7/06. Statutory Authority:
				  RCW
				   51.04.020,
				  51.16.035, and
				  51.12.120. 03-23-025, §
				  296-17-618, filed 11/12/03, effective 1/1/04. Statutory Authority:
				  RCW
				   51.16.035,
				  51.04.020. 00-14-052, §
				  296-17-618, filed 7/1/00, effective 7/1/00. Statutory Authority:
				  RCW
				   51.16.035. 98-18-042, § 296-17-618,
				  filed 8/28/98, effective 10/1/98. Statutory Authority:
				  RCW
				   51.04.020(1) and
				  51.16.035. 93-12-093, §
				  296-17-618, filed 5/31/93, effective 7/1/93. Statutory Authority:
				  RCW
				   51.16.035. 85-24-032 (Order 85-33), §
				  296-17-618, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), §
				  296-17-618, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), §
				  296-17-618, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), §
				  296-17-618, filed 11/29/82, effective 1/1/83; Order 75-38, § 296-17-618,
				  filed 11/24/75, effective 1/1/76; Order 74-40, § 296-17-618, filed
				  11/27/74, effective 1/1/75; Order 73-22, § 296-17-618, filed 11/9/73,
				  effective 1/1/74.