1321 SE EVERETT MALL WAY OLIVE GARDEN 2018-01-01 MF Import

MEMORANDUM TO: Ron Gregory IRONt: Doug Purcell DATE: October 26, 1990 RE: "Drinking Establishment" Thz City of Everett has attempted to impose some additional requirements on the Olive Garden Restaurant building resulting from a reference in the Everett Building Code to "drinking establishment." The question is whether the Olive Garden Restaurant constitutes a"drinking establishment." The simple answer appears to be that the Olive Garden is not a drinking establishment. We have do�e a computer run on words drinking establishment throughout the State Courts of the United States as well as research the law of the State of Washington. From a statutory point of view, there appear to be three separate kinds of reCerences: "eating and drinking establisnments," "eating and/or drinl:ing establishments" "eating establishments" and "drinking establishments." When used separately, the phrase "drinking establishment" appears to refer to what we would ordinarily think of as a tavern or bar. I would particularly note the reference in Cole v. The Colorado Sprin s Comp�, 381 P.2d 13 (Colorado 1963) to "saloons or other drinldng establishments ...." Wallace v. Shoreham Hotel Corporation, 44 A.2d 81 (D.C. 1946) "a drinl:ing establishment, whether called cocktail lounge, bar, saloon or some other name ...." The Supreme Court of the State of Washington has recently addressed the question somewhat more directly in Hieh Star. Inc. v. Liquor Control Board, 106 Wn.2d 455 (1986). That case involved a question as to whether the Liquor Board had properly revoked a particular estabiishments' Class H Liquor License. The basis for the revocation was a violation of certain regulations which required that a certain percentages of gross revenues be attributable to food sales. The court recited the hisrory of the regulation of alcoholic consumption in the State of Washington since the repeal of prohibition. The two primary actions were the Steele Act in 1933 and the adoption of Initiative 171 by the electonte in 1948. The Steele Act established the liquor store bottle sale structure and Initiative 171 estab'.ished Uie sale by the drink powers and provisions.