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Board approves rule changes increasing theatre seat threshold for spirits/beer/wine license
Summary
The board adopted an expedited CR103 filing to implement House Bill 2476, raising the seat threshold for theaters to qualify for spirits/beer/wine licenses from 120 to 200; staff responded to a comment on electronic ID scanners and said enforcement would exercise discretion in outage cases.
The Board unanimously approved a CR103 filing to implement House Bill 2476, increasing the number of seats that qualify a theater for a spirits, beer and wine theater license from 120 to 200.
Kevin Walder explained the rule change and said the agency received one public comment requesting flexibility for the statutory electronic ID scanner requirement in power outages or software malfunctions; staff noted they could not change the statutory requirement in rule but that enforcement staff have discretion and typically offer education or delay violations where failures are due to outages. Pete moved approval, Ali seconded, and the board adopted the CR103 3‑0. "After consulting with E and E, our response in the CES was that while we can't change the statutory requirement, enforcement staff do have discretion in these matters," staff said.
