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MEMORANDUM TO: <br />Ron Gregory <br />October 26, 1990 <br />Page - 2 <br />Among the provisions of Initiative 171 was the creation of the Class H license which is <br />the license applicable to restaurants and other food establishments. A restaurant is defined in <br />the statute as follows: <br />'Restaurant' as used in RCW 66.24.400 to 66.24.450, inclusive, <br />means an establishment provided with special space and <br />accommodations where, in consideration of payment, food, without <br />lodgings, is habitually fumished to tha public, no[ including drug <br />stores and soda fountains: Provided, that such establishments shall <br />be approved by �'�e board and that the boazd shall be satisfied that <br />such establishment is maintained in a substantial manner as a place <br />for preparing, cooking and serving of complete meals. 'fhe <br />service of only fry orders or such food and victuals as sandwiches, <br />hamburgers, or salads shall not be deemed in compliance with this <br />definition. <br />RCW 66.24.410(2). <br />said: <br />In referring to the Class H Liquor License, the State Supreme Court of Washington <br />Initiative 171 did not intend to tum restaurants into dn'nkine <br />establishments, but to permit drinks to be served incidental to food <br />service. <br />106 Wn.2d 455, 465 (emphasis added). <br />The State Supreme Court has differentiated "ddnking establishments" from restaurants <br />and, under the circumstances, particululy in ligh[ of the stated reason for the additional code <br />restrictions on "drinr.ing establishmenu" (see attached), the Olive Garden Restaurant should not <br />be included in the phrase "drinking establishment." <br />mcmohar.mm <br />d P� <br />