Title 314 WAC — Liquor and Cannabis Board

Chapter 314-01 Definitions.

Wash. Admin. Code § 314-01-005 Definitions.

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 WAC 314-11-025.

(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 as defined in RCW 66.04.010.

History

Statutory Authority: RCW 66.08.030, 66.20.330, 66.98.070, 69.50.342, and 69.50.345. WSR 25-21-035, s 314-01-005, filed 10/8/25, effective 11/8/25. Statutory Authority: RCW 66.08.030, 66.04.010. WSR 01-06-016, § 314-01-005, filed 2/26/01, effective 3/29/01.

Chapter 314-02 Requirements for retail liquor licensees.

Wash. Admin. Code § 314-02-005 What is the purpose of chapter 314-02 WAC?

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.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-005, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-005, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-005, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 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. WSR 00-07-091, § 314-02-005, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-006 Liquor licensee leases.

WAC 314-02-006

(1) Definitions. The following definitions apply within this rule:

(a) "Lease" means a transfer of the right to possession and use of real or personal property for a term in return for consideration.

(b) "Lessee" means a person who acquires the right to possession and use of real or personal property under a lease.

(d) "Person" means an individual or entity such as a partnership, association, limited liability corporation, not-for-profit organization, or a corporation.

(e) "Separate space" as used in RCW 66.28.295(16), means areas separated by physical barriers.

(2)(a) Consistent with RCW 66.24.010 (13)(c), all lease agreements, operating agreements, and other contracts in existence between licensees, businesses, and the lessor, and between lessors and lessees, and amongst lessees, must be submitted to the board.

(b) All agreements and contracts described in (a) of this subsection must also be kept and maintained consistent with WAC 314-11-095.

(3) Lease of kitchen space: A lessor that leases use of its kitchen to a lessee must comply with the following:

(a) Lessor must ensure that the lessee holds all required state and local business licenses before operating out of the kitchen;

(b) Licensees must maintain separate secure storage of their alcohol inventory when leasing kitchen space; and

(i) The licensee does not have a food service requirement; or

(ii) As permitted in WAC 314-02-015, 314-02-035, or 314-02-045.

(4) All leases under this section must comply with the following:

(a) Leases shall not contain any profit or revenue sharing;

(b) Leases shall not require that the lessee serve products made by the lessor;

(d) Leases shall not require any activity prohibited by WAC 314-12-140 or other sections of Title 314 WAC.

(5) Nothing in this rule allows licensees to share space beyond what is permitted in RCW 66.24.1472, 66.24.710(7), and 66.24.800.

History

Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.010, 66.24.240, 66.24.244, 66.24.246, 66.24.400, 66.24.410, 66.24.420, 66.28.295, 2025 c 141, and 2026 c 196. WSR 26-18-093, s 314-02-006, filed 9/2/26, effective 10/3/26.

Wash. Admin. Code § 314-02-010 Definitions.

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.

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(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.

(b) Menu items that consist solely of the following types of food do not qualify as complete meals: Precooked frozen meals that are reheated, carry-out items obtained from another business, or snack food.

(i) "Entree" means the main course of a meal. Some examples of entrees include, but are not limited to, fish, steak, chicken, pork, pasta, pizza, burgers, pho, sushi, street tacos, tikka masala, quiche, fufu, curry, seafood salad, Cobb salad, chef's salad, sandwiches, and breakfast items.

(ii) "Side dish" includes soups, vegetables, salads, potatoes, beans, rice, naan, couscous, irio, fruit, bread, banchan, and other similar dishes. Garnishes do not qualify as side dishes. Some examples of garnishes include, but are not limited to, pickles, salsa, and dips.

(iii) "Small plate" means a type of menu item that has a small portion size and is intended to be ordered many at a time or on a rolling basis throughout the meal service. Small plates are often shared among guests. Some examples of small plates include, but are not limited to, tapas, dim sum, and meze. Many cultures have different types of small plates. Small plates do not include snack food.

(4) "Customer service area" means areas where food and/or liquor are normally sold and served to the public, i.e., lounges and dining areas. A banquet room is not considered a customer service area.

(5) "Dedicated dining area." In order for an area to qualify as a dedicated dining area, it must be a 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. See WAC 314-02-025 for more information.

(6) "Designated area" means a space where alcohol may be sold, served, or consumed.

(7) "Entertainer" means someone who performs for an audience such as a disc jockey, singer, or comedian, or anyone providing entertainment services for the licensee. An entertainer is considered an employee of the liquor licensee per WAC 314-01-005. Patrons participating in entertainment are not considered employees.

(8) "Entertainment" means dancing, karaoke, singing, comedy shows, concerts, TV broadcasts, contests with patron participation and/or performing for an audience.

(9) "Food counter" means 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.

(10) "Game room" means an area of a business set up for the primary purpose of patrons using games or gaming devices.

(11) "Liquor bar" means a table or counter where alcohol is stored or prepared and served to customers who sit or stand at the bar. Liquor bars can only be in lounges or in premises where minors are not allowed at any time.

(12) "Lounge" means the portion of a restaurant used primarily for the preparation, sale, and service of beer, wine, or spirits. Minors are not allowed in a lounge (see RCW 66.44.316 for information on employees and professional musicians under 21 years of age).

(13)(a) "Minimum food service" means that menu items such as sandwiches, salad, soup, pizza, hamburgers, fries, savory pies, tacos, dumplings, fried rice, and other similar items are available to order.

(b) Menu items that consist solely of the following types of food do not qualify as minimum food service: Precooked frozen meals that are reheated, carry-out items obtained from another business, or snack food.

(14) "Minor" means a person under 21 years of age.

(15) "On-premises liquor licensed premises" means a building in which a business is located inside that is allowed to sell alcohol for consumption on the licensed premises.

(16) "Service bar" means 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.

(17) "Snack food" includes items such as peanuts, popcorn, chips, jerky, candy, cookies, crackers, edamame, and other similar food items.

History

Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-010, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-010, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-010, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-010, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-010, filed 8/19/08, effective 9/19/08. Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-010, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-010, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-014 What is a food counter, a liquor bar, and a service bar and are minors allowed in these areas?

| | 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 |

History

Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-014, filed 10/24/05, effective 11/24/05.

Wash. Admin. Code § 314-02-015 Spirits, beer, and wine restaurant license.

(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.

(b) Serve beer by the bottle or can or by tap for on-premises consumption;

(d) Allow patrons to remove recorked or recapped wine, sake, or soju from the licensed premises;

(e) Sell wine by the bottle for off-premises consumption with the appropriate endorsement; and

(f) Sell kegs of malt liquor with the appropriate endorsement. This endorsement also allows the sale of beer or cider as defined in RCW 66.24.210(6) in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled at the tap by the retailer at the time of sale.

(2) To obtain and maintain a spirits, beer, and wine restaurant license, the restaurant must be open to the public at least five hours a day during the hours of 8:00 a.m. and 11:00 p.m., three days a week.

(3)(a) Except as provided in (b) of this subsection, all applicants for a spirits, beer, and wine license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant. The term "bona fide restaurant" means a business where the board can clearly determine that the primary purpose of the business is the service of complete meals. "Complete meals" is defined in WAC 314-02-010.

(b) When qualifying for and maintaining a spirits, beer, and wine license, a domestic brewery or microbrewery may contract, lease, or sublease the domestic brewery or microbrewery, with one or more individuals or entities to satisfy the food service requirements for spirits, beer, and wine restaurants in WAC 314-02-035.

(i) For purposes of this section, contracting includes the use of a mobile food unit, as defined in RCW 43.20.025, by a person or entity who sells food and nonalcoholic beverages to the public and does not hold a retail liquor license.

(ii) For purposes of this section, leasing and subleasing includes allowing, under contract, the use of a domestic brewery or microbrewery's licensed premises for the preparation and service of food by a nonliquor licensee.

(iii) Nothing in this section shall prohibit a domestic brewery or microbrewery from owning and operating a mobile food unit to meet spirits, beer, and wine restaurant food service requirements.

In such cases:

(d) Any domestic brewery or microbrewery leasing or subleasing space on the licensed premises shall maintain storage space for nontax-paid alcohol that is substantially separated from areas of the premises that are regularly accessed by the owner or staff of a mobile food unit or the owner or staff of an independently operated food service provider. For the purposes of this section, substantially separated may include:

(i) Physically securing nontax-paid alcohol in a manner that is only accessible to employees of the licensed domestic brewery or microbrewery; or

(ii) Storing alcohol in areas of the premises that are not regularly accessed by contracted food service provider staff. Any access to spaces by contracted food service providers who are providing contracted food services must be incidental and limited to that which is necessary for the purposes of accessing bathrooms, breakrooms, exits, or other permitted shared spaces.

(e) A domestic brewery or microbrewery contracting or leasing space on its licensed premises must include in the contract or lease:

(i) A diagram of the kitchen plan detailing the space controlled by the contractor providing food service for the domestic brewery or microbrewery;

(ii) A notification that the liquor licensed premises, including all space contracted for food service, is subject to inspection by the LCB;

(iii) Terms to ensure compliance with the establishment's required hours and days of operation, full meal service requirements, minimum food service requirements, and the contractor's mandate in RCW 66.24.240 to hold necessary kitchen and food service permits from the applicable local jurisdiction;

(iv) Any changes to the domestic brewery or microbrewery's contract or lease, vendor, or kitchen plan must be submitted to the board.

| Notes: | (1) Regardless of whether a domestic brewery or microbrewery uses its own facilities and staff to satisfy food service requirements for spirits, beer, and wine restaurants in WAC 314-02-035 or they use one or more contractors to do so, the domestic brewery or microbrewery must ensure that all applicable food service requirements are satisfied at all times that they are open for business. Extenuating circumstances, such as the unexpected absence of one or more contractors or a contractor's equipment failure, will not absolve a spirits, beer, and wine licensee of these requirements. | | --- | --- | | | (2) A spirits, beer, and wine restaurant licensee cannot choose to stop operating under their restaurant license and only serve beer (without food options that satisfy requirements in WAC 314-02-035) under a brewery license during any portion of their spirits, beer, and wine restaurant operating hours. |

History

Statutory Authority: RCW 66.08.030, 62.24.246, and 2025 c 141. WSR 26-10-096, s 314-02-015, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 66.08.030. WSR 20-05-008, § 314-02-015, filed 2/5/20, effective 3/7/20
WSR 17-12-030, § 314-02-015, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-02-015, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030. WSR 13-06-024, § 314-02-015, filed 2/27/13, effective 3/30/13. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-015, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-015, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030. WSR 09-02-012, § 314-02-015, filed 12/29/08, effective 1/29/09. Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-015, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-015, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-020 What are the fee categories for a spirits, beer, and wine restaurant license?

(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% | $1,400 | | 50 - 99% | $2,200 | | Less than 50% | $2,700 |

(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.

(3) The fee for a spirits, beer, and wine restaurant license outside of an incorporated city or town will be prorated according to the calendar quarters the licensee is open for business. This proration does not apply in the case of a suspension or revocation of the license.

(4) A duplicate license is required in order to sell liquor from more than one site on your property. These sites must be located on the same property and owned by the same licensee. The following types of businesses may apply for a duplicate license:

| Type of Business | Annual fee per duplicate license | | --- | --- | | Airport terminal | 25% of annual license fee | | Civic center (such as a convention center) | $15 | | Privately owned facility open to the public | $30 |

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-020, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-020, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-020, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-020, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-020, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-020, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 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?

(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.

(3) A licensed premises must have a clear demarcation between dedicated dining areas and areas classified as off-limits to minors.

(a) Demarcation means a dividing line that must clearly separate areas classified as off-limits to minors from dedicated dining areas.

(b) Demarcation options available to applicants and licensees, subject to approval by the board, include:

(i) Visibly different and contrasting flooring;

(ii) Steps or ramps up or down;

(iii) Walls, half-walls, or forty-two inch barriers, where entrances to the areas classified as off-limits to minors are not more than ten feet wide;

(iv) Permanently affixed stanchions, pillars, or posts at least six inches wide and placed no more than ten feet apart;

(v) Stationary planters at least six inches wide and placed no more than ten feet apart; and

(vi) Permanently affixed floor lighting or beacons placed no more than ten feet apart.

(d) Demarcation does not include tape, paint, or stickers on floors, walls, or ceilings.

(e) Once the floor plan is approved by the board the demarcation cannot be moved or changed without prior board approval.

(f) "Minor prohibited" signs, as required by WAC 314-11-060(1), must be posted and clearly visible to patrons who are:

(i) Approaching the area(s) classified as off-limits to minors; and

(ii) Inside the area(s) classified as off-limits to minors.

(4) A spirits, beer, and wine restaurant licensee or a beer and wine restaurant licensee may request the board reclassify their off-limits area(s) as open to minors for regularly scheduled or special events. Reclassifying an off-limits area is considered an alteration to a licensed premises under WAC 314-03-300 and must be approved by the board prior to the event.

(5) If the business allows minors, the business's primary entrance must open directly into a dedicated dining area or into a neutral area, such as a lobby or foyer, that leads directly to a dedicated dining area. Minors must be able to access restrooms without passing through a lounge or other age-restricted area.

(6) Floor plans - When applying for a license, the applicant must provide to the board a detailed drawing of the entire premises. The drawing must:

(a) Be drawn to scale;

(b) Have all areas labeled according to their use; e.g., dining, lounge, gaming, kitchen, etc.; and

(c) Have all demarcations that separate dedicated dining areas from areas classified as off-limits to minors labeled and described in detail.

(7) Convention centers - To qualify as a convention center a premises must have two or more rooms that provide space and accommodations for private events only. Convention center licensees may only sell alcohol for private events at the licensed premises.

History

Statutory Authority: RCW 66.08.030 and 66.44.310. WSR 20-03-180, § 314-02-025, filed 1/22/20, effective 2/22/20. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-025, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-025, 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. WSR 05-22-022, § 314-02-025, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-025, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-027 What are the requirements/restrictions for a spirits, beer, and wine restaurant license at a cinema with a dinner theater venue?

(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.

(2) Alcohol sales and service may not be provided from the concession area in the cinema lobby.

(3) Alcohol may be consumed only in the theater rooms approved by the board.

(4) Minor patrons and employees are prohibited in the individual theater rooms that allow alcohol service and consumption.

(5) A spirits, beer, and wine restaurant licensee at a cinema with a dinner theater venue must provide a floor plan of the cinema and indicate which theater rooms within the cinema will be operated as dinner theaters. Those theater rooms not operated as dinner theaters with alcohol sales and service may be open to minors and minor employees.

Example: A cinema has eight theater rooms. The licensee wants to operate theater rooms five and six as dinner theaters with meals and alcohol sales and service. Minor patrons and employees are prohibited in theater rooms five and six, but would be allowed in the lobby area and in theater rooms one, two, three, four, seven, and eight.

Example: A cinema has eight theater rooms. The licensee wants to operate all eight theater rooms as dinner theaters with meals and alcohol sales and service. Minor patrons and employees are prohibited in the lobby area and all eight theater rooms in the cinema. No minors would be allowed on the entire premises at all times.

History

Statutory Authority: RCW 66.08.030. WSR 10-10-127, § 314-02-027, filed 5/5/10, effective 6/5/10.

Wash. Admin. Code § 314-02-030 Can a spirits, beer, and wine restaurant exclude persons under 21 years of age from the premises?

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 they do 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.)

(2) Restaurants that have less than 15 percent of their total customer service area dedicated to dining must exclude minors from the entire premises. The licensee:

(a) Must pay the largest annual license fee (less than 50 percent dedicated dining);

(b) Must meet all other requirements of this license, including the food service requirements outlined in WAC 314-02-035; and

(c) May not employ minors at any time. (See RCW 66.44.316 for information on employing certain persons 18 years and over under specific conditions.)

(3) See WAC 314-11-060(1) regarding requirements for "minors prohibited" signage.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-02-030, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-030, 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. WSR 05-22-022, § 314-02-030, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-030, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 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)?

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.)

History

Statutory Authority: RCW 66.08.030 and 66.44.310. WSR 20-03-180, § 314-02-033, filed 1/22/20, effective 2/22/20. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 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. WSR 05-22-022, § 314-02-033, filed 10/24/05, effective 11/24/05.

Wash. Admin. Code § 314-02-035 Food service requirements for a spirits, beer, and wine restaurant license.

(1) Except as provided under subsection (10) of this section, 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.

(9) The hours of complete meal service must be conspicuously posted on the premises or listed on the menu. A statement that minimum food service is available outside of those hours must also be posted or listed on the menu.

(10) When qualifying for and maintaining a spirits, beer, and wine restaurant license, a domestic brewery or microbrewery may contract with one or more individuals or entities to satisfy the food service requirements for spirits, beer, and wine restaurants in this section per the provisions of WAC 314-02-015 (3)(b) through (d)(iv).

History

Statutory Authority: RCW 66.08.030, 62.24.246, and 2025 c 141. WSR 26-10-096, s 314-02-035, filed 5/6/26, effective 6/6/26. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-035, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.24.410. WSR 18-13-063, § 314-02-035, filed 6/14/18, effective 7/15/18. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-035, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-035, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-035, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-035, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-035, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-036 What is a spirits, beer, and wine nightclub license?

(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

(2) To obtain and maintain a spirits, beer, and wine nightclub license the nightclub must have primary business hours between 9:00 p.m. and 2:00 a.m.

(3) There are no food requirements for a spirits, beer, and wine nightclub license. Food sales and service are incidental to the sale and service of alcohol.

(4) The annual fee for a spirits, beer, and wine nightclub license is $2,500.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-036, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-036, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-02-037 What are the floor space requirements for a spirits, beer, and wine nightclub license?

(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.

(2) Barriers - Licensees must place barriers separating restricted areas from areas where minors will be allowed.

(a) The barriers must clearly separate restricted areas and must be at least forty-two inches high.

(b) The barriers may be moveable.

(c) Entrances to restricted areas may not be wider than ten feet. If a licensee has more than one entrance along one wall, the total entrance areas may not exceed ten feet.

(d) "Minor prohibited" signs, as required under WAC 314-11-060(1), must be posted at each entrance to a restricted area.

(3) If the business allows minors, the primary entrance must open directly into a nonrestricted area. Minors must be able to access restrooms without passing through a restricted area.

(4) Floor plans - When applying for a spirits, beer, and wine nightclub license, the applicant must provide to the board's licensing and regulation division two copies of a detailed drawing of the entire premises. If there will be different floor plans for different types of events that change the location and/or dimensions of the restricted area(s), the applicant must provide two copies of a detailed drawing for each floor plan. All restricted areas must be designated on the floor plan(s) and be approved by the board. The drawing must be labeled with the type of event. The drawing must:

(a) Have all rooms labeled according to their use; e.g., lounge, dance floor, stage area, foyer, restrooms, etc.; and

(b) Have all barriers labeled in a descriptive way; e.g., "full wall," "half wall," etc.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-037, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-037, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-02-038 Can a spirits, beer, and wine nightclub license exclude persons under 21 years of age from the premises?

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 they do 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.

(2) Spirits, beer, and wine nightclub licensees who exclude minors from the premises may not employ minors. (See RCW 66.44.310 for more information on employing minors.)

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-02-038, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-038, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-038, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-02-039 What type of restrictions may be placed on a spirits, beer, and wine nightclub license?

(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.

(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.

(2) The local authority, the applicant, or the licensee may request an administrative hearing per chapter 34.05 RCW if they disagree with the decision the board makes on additional restrictions to the license, based on the interest of public safety.

History

Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-039, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-02-041 What is a hotel license?

(1) Per RCW 66.24.590, this license allows a hotel to:

(a) Serve spirits by the individual serving for consumption on the licensed premises;

(b) Serve beer, including strong beer, and wine for consumption on the licensed premises;

(c) Sell at retail, from locked honor bars, in individual units, spirits not to exceed 50 milliliters, beer in individual units not to exceed 12 ounces, and wine in individual bottles not to exceed 385 milliliters, to registered guests of the hotel for consumption in guest rooms;

(d) Provide, without additional charge, to overnight guests, spirits, beer, and wine by the individual serving for consumption on the licensed premises at a specified regular date, time, and place. Self-service by guests is prohibited;

(e) Sell beer, including strong beer, wine, or spirits, in the manufacturer's sealed container or by the individual drink to guests through room service, or through service to occupants of private residential units which are part of the buildings or complex of buildings, that include the hotel;

(f) Sell beer, including strong beer, and wine, in the manufacturer's sealed container at retail sales locations within the hotel premises;

(g) Place in guest rooms at check-in, complimentary beer, including strong beer, or wine in a manufacturer's sealed container; and

(h) Sell beer and cider as defined in RCW 66.24.210(6) to a purchaser in a sanitary container brought to the premises by the purchaser or furnished by the licensee and filled at the tap in the restaurant area by the licensee at the time of sale.

(2) The annual fee for a hotel license is $2,500.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-041, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-02-041, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-041, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-041, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-041, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-0411 Food service requirements for a hotel license.

(1) A hotel licensee must have the ability to serve at least four complete meals to hotel guests or any other patron of the hotel who is offered alcohol service for on-premise consumption at a food outlet on the hotel premises. Food outlets include room service, banquets, bars/lounges, restaurants, or coffee shops. "Complete meal" is defined in WAC 314-02-010.

(2) Complete meals must be prepared on the hotel premises.

(3) A menu must be available to hotel guests and patrons offered alcohol service that lists, at a minimum, the required complete meals.

(4) The food items required to maintain the menu must be located on the licensed premises. These items must be edible.

(5)(a) Licensees must maintain complete meal service for a minimum of five hours a day between the hours of 11:00 a.m. and 2:00 a.m. on any day that liquor is served. The board may consider written requests for exceptions to this requirement due to a demonstrated hardship and may allow exceptions under terms and conditions the board determines are in the best interests of the public.

(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.

(6) Hours of complete meal service must be listed on the menu. If applicable, a statement must be posted or listed on the menu that minimum food service is available when alcohol is served and complete meal service is unavailable.

History

Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-0411, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-0411, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-0411, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-0411, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-0412 Are minors restricted from any areas of the hotel premises?

(1) If an area of the hotel premises is used primarily for alcohol service on a continuing basis, the area must be designated by the licensee as restricted to access by minors.

(2) The board may restrict alcohol service in areas of the hotel premises where:

(a) The designated area is designed as an attraction for minors; or

(b) Consumption of alcohol in a designated area presents an increased risk to public safety.

History

Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-0412, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-0413 What are the requirements if the hotel licensee does not operate the business serving alcohol or food within the hotel premises?

(1)(a) If any facilities within the hotel premises used for alcoholic beverage service and the preparation, cooking, and serving of food are operated under contract or joint venture agreement with a business separate from the hotel business, the operator may hold a license separate from the license held by the operator of the hotel.

(b) Food and beverage inventory used in separately licensed operations on the hotel premises may not be shared and shall be separately owned and stored by the separate licensees.

(c) The board may require a hotel licensee to submit a copy of the contract or joint venture agreement when a party other than the hotel operator provides food and alcoholic beverage service. Such contract or agreement must require the provider of food and alcoholic beverage services to meet the food service requirements of WAC 314-02-0411.

(d) The hotel licensee is responsible for the conduct of alcohol sales and service by a separately licensed business and violation incurred by the separately licensed business may result in an administrative violation for the hotel licensee.

(2)(a) If alcohol is consumed in an area of the hotel premises operated by a business separate from the hotel business but under a contract or joint venture agreement with the hotel licensee to conduct activities other than food service, the hotel licensee is responsible for violations of alcohol laws and regulations resulting from conduct of the separate business.

(b) The board may require a hotel licensee to submit a copy of the contract or joint venture agreement between the licensee and the separate business.

History

Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-0413, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-0414 Can a hotel licensee use its alcohol inventory for sales and service at events outside of the hotel premises?

Per RCW 66.24.590, a licensee may:

(1) Remove from the hotel licensee's liquor stocks at the licensed premises, liquor to be sold and served at an event on a specified date at a specified location not currently licensed by the board. If the event is open to the public, it must be sponsored by a society or organization defined under RCW 66.24.375.

(2) If requested by the board, the licensee must notify the board or its designee of the date, time, and location of these events.

(3) Licensees may sell and serve liquor under this section on the premises of a domestic winery.

History

Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-0414, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-0415 What are the requirements for instructing employees on spirits, beer, or wine?

(1) Per RCW 66.24.590, a licensee or its manager may furnish spirits, beer, or wine to the licensee's employees who are 21 years of age or older, free of charge, as a necessary part of instruction and training on spirits, beer, and wine.

(2) The licensee must use spirits, beer, and wine they obtain under the license for purposes of instruction.

(3) The instruction must be given at the hotel premises.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-02-0415, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-0415, filed 8/19/08, effective 9/19/08.

Wash. Admin. Code § 314-02-042 Spirits, beer and wine restaurant restricted—Qualifications.

(1) Spirits, beer and wine restaurant restricted licensees shall govern their operations in selling liquor in accordance with the regulations set forth in Title 66 RCW. Such licensees may sell liquor in accordance with these regulations, only to members, invited guests, and holders of cards as authorized by chapter 314-40 WAC.

(2)(a) Applications for new spirits, beer and wine restaurant restricted licenses shall be accompanied by proof that:

(i) The business has been in operation for at least one year immediately prior to the date of its application. Such proof should include records of membership as well as an indication as to numbers and types of membership.

(ii) Membership or admission will not be denied to any person because of race, creed, color, national origin, sex or the presence of any sensory, mental or physical handicap.

(b) Spirits, beer and wine restaurant restricted applicants and licensees must meet the provisions of WAC 314-02-035.

(3) Under RCW 66.24.450, the board may issue an endorsement allowing the club to hold nonclub, member-sponsored events using club liquor.

(a) Each event must have a sponsoring member from the club.

(b) Each visitor and/or guest may only attend the event by invitation of the sponsoring member(s).

(d) At least seventy-two hours prior to any nonclub event, the sponsoring member, or any club officer, must provide to the board: The date, time, and location of the event, the name of the sponsor of the event, and a brief description of the purpose of the event.

(e) A list of all invited guests and visitors must be available for inspection during the nonclub event.

(4) Under RCW 66.24.450, the board may issue an endorsement allowing the holder of a spirits, beer, and wine private club license to sell bottled wine for off-premises consumption.

(a) Spirits and beer may not be sold for off-premises consumption.

(b) Bottled wine may only be sold to members, visitors, and guests defined under WAC 314-40-005. Bottled wine may not be sold to the general public.

(5) See chapter 314-40 WAC for additional rules on clubs.

History

Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-042, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-042, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-043 What is a VIP airport lounge license?

(1) Per RCW 66.24.610, a VIP airport lounge liquor license allows a VIP airport lounge licensee to sell or provide spirits, wine, and beer for on-premises consumption as a retail licensed premises.

(a) A VIP airport lounge is a retail establishment in an international airport, beyond security checkpoints.

(b) The VIP airport lounge liquor licensee must be the entity in control of the day-to-day operations of the VIP airport lounge.

(c) Spirits, beer, and wine to be sold or provided complimentary by the individual serving for on-premises consumption to persons at least 21 years of age or older.

(d) Customers may not remove spirits, beer, and wine from the premises at any time.

(e) The VIP airport lounge licensee may only serve liquor from a service bar. A service bar is a work station primarily used to prepare and sell alcoholic beverages that are picked up by the customer. Customers are not permitted to mix their own drinks, sit or consume food or alcohol at the service bar.

(f) All alcohol servers must have a valid MAST permit.

(2) The annual fee for this license is $2,500.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-043, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-043, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-043, filed 11/9/11, effective 12/10/11.

Wash. Admin. Code § 314-02-044 Application process and guidelines for a VIP airport lounge liquor license.

(1) RCW 66.24.010 states the board will only issue licenses and permits to applicants and locations that meet certain qualifications. Please see chapter 314-07 WAC for liquor license qualifications and application process.

(2) An applicant for a VIP airport lounge license must include a sketch of the VIP airport lounge area including the service bar area and where the alcohol inventory will be stored.

(3) All alcohol inventory must be stored on the VIP airport lounge licensed premises.

(4) Access to a VIP airport lounge is generally limited to:

(a) Ticketed airline passengers of any age who have first class, executive, or business class tickets;

(b) Qualified members or guests of loyalty incentive programs, members or guests of enhanced amenities programs;

(d) Airport, airline employees, government officials, and attendees of airport authority or airlines for business promotion with controlled access by the VIP airport lounge licensee.

(5) Between the hours of 2 a.m. and 6 a.m., licensees or employees may not:

(a) Provide, offer, or sell liquor;

(b) Deliver liquor (except that beer and/or wine distributors may deliver beer and/or wine to retail licensees between the hours of 2 a.m. and 6 a.m.);

(d) Possess liquor, except that persons working on the premises may possess liquor between the hours of 2 a.m. and 6 a.m. while in the performance of their official duties.

(6) A local government subdivision may fix later opening hours or earlier closing hours than those specified in this rule, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction. See WAC 314-12-215(3) for exceptions when a premises is in a board recognized alcohol impact area.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-044, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-044, filed 11/9/11, effective 12/10/11.

Wash. Admin. Code § 314-02-045 Beer and/or wine restaurant license.

(1) Per RCW 66.24.320 and 66.24.354, this license allows a restaurant to:

| Privilege | Annual fee | | --- | --- | | (a) Serve beer by the bottle or can or by tap for on-premises consumption. | $300 | | (b) Serve wine or sake for on-premises consumption (see RCW 66.24.320 regarding patrons removing recorked or recapped wine or sake from the premises). | $300 | | (c) Sell beer and/or wine in the original, unopened containers for off-premises consumption. | $120 | | (d) Sell tap beer for off-premises consumption in a sanitary container holding less than four gallons of beer, and brought to the premises by the purchaser. | In conjunction with off-premises privilege outlined in (c) of this subsection. | | (e) Sell cider as defined in RCW 66.24.210(6) for off-premises consumption to a purchaser in a sanitary container brought to the premises by the purchaser or provided by the licensee and filled at the tap in the restaurant at the time of purchase. The licensee must comply with federal regulations. | In conjunction with off-premises privilege outlined in (c) of this subsection. | | (f) Sell beer in kegs or other containers holding at least four gallons of beer (see WAC 314-02-115 regarding the requirements for registering kegs). | In conjunction with off-premises privilege outlined in (c) of this subsection. |

(2) Except as provided in subsection (4) of this section, all applicants for a beer and/or wine restaurant license must establish, to the satisfaction of the board, that the premises will operate as a bona fide restaurant, as defined in RCW 66.04.010.

(a) Minimum food service is required, as defined in WAC 314-02-010.

(b) To obtain and maintain a beer and/or wine restaurant license, the restaurant must be open to the public at least five hours a day, two days a week.

(3) If a beer and/or wine restaurant's dedicated dining area comprises less than 15 percent of the total customer service area, the premises must maintain a tavern license as described in WAC 314-02-070.

(4) When qualifying for and maintaining a beer and/or wine license, a domestic brewery or microbrewery may contract, lease, or sublease the domestic brewery or microbrewery, with one or more individuals or entities to satisfy the food service requirements for beer and wine restaurants in WAC 314-02-010.

(a) For purposes of this section, contracting includes the use of a mobile food unit, as defined in RCW 43.20.025, by a person or entity who sells food and nonalcoholic beverages to the public and does not hold a retail liquor license.

(b) For purposes of this section, leasing and subleasing includes allowing, under contract, the use of a domestic brewery or microbrewery's licensed premises for the preparation and service of food by a nonliquor licensee.

(c) Nothing in this section shall prohibit a domestic brewery or microbrewery from owning and operating a mobile food unit to meet beer and wine restaurant food service requirements.

In such cases:

(5) Contracted food service staff not employed by the licensee are not permitted to serve the alcohol of the licensee.

(6) Any domestic brewery or microbrewery leasing or subleasing space on the licensed premises shall maintain storage space for nontax-paid alcohol that is substantially separated from areas of the premises that are regularly accessed by the owner or staff of a mobile food unit or the owner or staff of an independently operated food service provider. For the purposes of this section, substantially separated may include:

(a) Physically securing nontax-paid alcohol in a manner that is only accessible to employees of the licensed domestic brewery or microbrewery; or

(b) Storing alcohol in areas of the premises that are not regularly accessed by contracted food service provider staff. Any access to spaces by contracted food service providers who are providing contracted food services must be incidental and limited to that which is necessary for the purposes of accessing bathrooms, breakrooms, exits, or other permitted shared spaces.

(7) A domestic brewery or microbrewery contracting or leasing space on its licensed premises must include in the contract or lease:

(a) A diagram of the kitchen plan detailing the space controlled by the contractor providing food service for the domestic brewery or microbrewery;

(b) A notification that the liquor licensed premises, including all space contracted for food service, is subject to inspection by the LCB;

(c) Terms to ensure compliance with the establishment's required hours and days of operation, full meal service requirements, minimum food service requirements, and the contractor's mandate in RCW 66.24.240 to hold necessary kitchen and food service permits from the applicable local jurisdiction.

(8) Any changes to the domestic brewery or microbrewery's contract or lease, vendor, or kitchen plan must be submitted to the board.

History

Statutory Authority: RCW 66.08.030, 62.24.246, and 2025 c 141. WSR 26-10-096, s 314-02-045, filed 5/6/26, effective 6/6/26. Statutory Authority: RCW 66.08.030 and 2025 c 343. WSR 25-19-050, s 314-02-045, filed 9/10/25, effective 10/11/25. Statutory Authority: RCW 66.08.030. WSR 20-05-008, § 314-02-045, filed 2/5/20, effective 3/7/20. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-02-045, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030. WSR 13-06-024, § 314-02-045, filed 2/27/13, effective 3/30/13. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-045, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-045, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-045, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-045, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-045, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-051 What are the requirements/restrictions for a beer and wine restaurant license at a cinema with a dinner theater venue?

(1) A beer and wine restaurant licensee at a cinema with a dinner theater venue must meet the following requirements:

(a) Food service requirements under WAC 314-02-045; and

(b) Lighting requirements under WAC 314-11-055;

(2) Alcohol sales and service may not be provided from the concession area in the cinema lobby.

(3) Alcohol may be consumed only in the theater rooms approved by the board.

(4) Minor patrons and employees are prohibited in the individual theater rooms that allow alcohol service and consumption.

(5) A beer and wine restaurant licensee at a cinema with a dinner theater venue must provide a floor plan of the cinema and indicate which theater rooms within the cinema will be operated as dinner theaters. Those theater rooms not operated as dinner theaters with alcohol sales and service may be open to minors and minor employees.

History

Statutory Authority: RCW 66.08.030. WSR 10-10-127, § 314-02-051, filed 5/5/10, effective 6/5/10.

Wash. Admin. Code § 314-02-055 Can a beer and/or wine restaurant exclude minors from the dining area?

(1) To exclude minors from the dining area during a portion of the day or week or on a one-time-only basis, the applicant or licensee must request permission from the board (see WAC 314-02-130(1)).

(2) See WAC 314-11-060(1) regarding requirements for "minors prohibited" signage.

History

Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.410, 66.44.310, and 66.44.420. WSR 05-22-022, § 314-02-055, filed 10/24/05, effective 11/24/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-055, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-056 Sports/entertainment facility license—Purpose.

(1) What is the purpose of the rules governing the use of alcohol in sports/entertainment facilities?

(a) In RCW 66.24.570, the legislature established a spirits, beer, and wine license for arenas, coliseums, stadiums, or other facilities where sporting, entertainment, and special events are presented.

(b) These rules provide a framework for the enforcement of liquor laws and regulations, particularly those prohibiting the sale of alcohol to persons under twenty-one years of age or persons who are apparently intoxicated.

(c) This framework recognizes the unique conditions associated with events attended by large crowds consisting of diverse age groups.

(2) Will the liquor and cannabis board recognize the differences between types of sports/entertainment facilities; professional sports/entertainment facilities, amateur sporting facilities, and racetracks? Yes. A sports/entertainment facility must submit an operating plan, which must be approved by the board prior to the issuance of a license. All plans are required to meet the minimum standards outlined in WAC 314-02-058. The board will take into consideration the unique features of each facility when approving an operating plan, including the seating accommodations, eating facilities, and circulation patterns. The board will allow proration of the sports/entertainment license fees under certain conditions:

(a) The licensee is an amateur sports organization; or

(b) The licensee is a racetrack that meets specific criteria.

(3) Amateur sports organizations must meet the following criteria:

(a) Season length must not be more than three months, with an additional month allowed for playoffs if applicable (requests/approval for any additional months must be made on a case-by-case basis). The venue must remain closed for the remainder of the year.

(b) Must comply with all elements contained in WAC 314-02-056 through 314-02-059.

(d) Must provide a statement regarding removal/disposal of alcohol inventory at the end of the season.

(e) Seating capacity of the venue may not exceed five thousand.

(4) Racetracks must meet the following criteria:

(a) Must be a seasonal operation of two quarters or less (requests/approval for any additional quarters must be made on a case-by-case basis).

(b) Seating capacity of the venue may not exceed five thousand.

(d) Per RCW 66.24.010(9) a motor sports facility is required to enforce a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program must be approved by the local law enforcement agency. A copy of this program showing the local law enforcement approval must be submitted to the board's licensing division.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-056, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-056, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-057 Definitions.

(1) Premises - Buildings, parking lots, and any open areas that are adjacent to and owned, leased, or managed by the licensee and under the licensee's control.

(2) Event categories - Types of events that the licensee expects to hold on the premises:

(a) Professional sporting event - A contest involving paid athletes and sanctioned by a professional sports organization that regulates the specific sport.

(b) Amateur sporting event - A contest or demonstration involving athletes who receive no monetary compensation that is sanctioned by a national or regional amateur athletic regulatory organization.

(c) Entertainment event - A concert involving a live musician, a live comedy act, or similar event intended for the entertainment of the audience. Broadcast television or background videos or music does not qualify as live entertainment.

(d) Special event - A convention, trade show, or other like public event with prior approval.

(e) Private event - An event not open to the public such as a wedding, private party, or business meeting, where the facility or a portion of the facility where the event is held is not accessible to the general public during the time of the private event.

(3) Hawking - The practice of selling alcohol in seating areas by roving servers who carry the beverages with them, as outlined in WAC 314-02-058(4). Because of row seating arrangements, servers normally do not have direct access to customers. Therefore, service usually requires that drinks, money, and identification be passed down rows, involving other spectators. Hawking is only allowed at professional sporting events.

(4) Club seats - A specifically designated and controlled seating area that is distinct from general seating with food and beverage service provided by servers directly to the customer.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-057, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.24.570 and 66.08.030. WSR 15-18-040, § 314-02-057, filed 8/26/15, effective 9/26/15. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-057, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-058 Sports/entertainment facility licenses—Operating plans.

(1) What requirements govern the submission of operating plans?

(a) To receive a license, a sports/entertainment facility must submit an operating plan for board approval.

(b) Once approved, the plan remains in effect until the licensee requests a change or the board determines that a change is necessary due to demonstrated problems or conditions not previously considered or adequately addressed in the original plan. Changes to an operating plan must be submitted to the board's licensing division for approval.

(d) The plan must contain all of the following elements:

(i) How the sports/entertainment facility will prevent the sale and service of alcohol to persons under twenty-one years of age and those who appear to be intoxicated.

(ii) The ratio of alcohol service staff and security staff to the size of the audiences at events where alcohol is being served. The minimum ratio allowed is one staff person to fifty attendees at the event.

(iii) Training provided to staff who serve, regulate, or supervise the service of alcohol. Mandatory alcohol server training is required for all staff.

(iv) The facility's policy on the number of alcoholic beverages that will be served to an individual patron during one transaction. Two alcoholic beverages is the maximum number allowed to be sold and served to an individual patron during one transaction.

(v) An explanation of the alcoholic beverage containers that will be used to ensure they are significantly different from containers utilized from nonalcoholic beverages.

(vi) A list of event categories (see WAC 314-02-057(2)) to be held in the facility at which alcohol service is planned, along with a request for the level of alcohol service at each event.

(vii) The date must be included in the operating plan.

(viii) The pages must be numbered in the operating plan.

(ix) A site plan designating all alcohol service areas. Identify all beer garden areas to include dimensions of the area, capacity, number of alcohol service/security employees staffing the area, and what type/size of barrier will surround the alcohol service area.

(x) The operating plan must be signed by a principal of the licensed entity.

(e) Prior to the first of each month, the licensee must provide a schedule of events for the upcoming month to the facility's local liquor enforcement office. This schedule must show the date and time of each event during which alcohol service is planned. The licensee must notify the local enforcement office at least seventy-two hours in advance of any events where alcohol service is planned that were not included in the monthly schedule. Notice of private events is not required when the event is being held in conjunction with a professional or amateur sporting event, an entertainment event, or a special event as outlined in WAC 314-02-057(2).

(2) May the liquor and cannabis board impose any other mandatory standards as a part of an operating plan? Yes. To prevent persons who are under twenty-one years of age or who appear intoxicated from gaining access to alcohol, the board may impose the following standards as part of an operating plan:

(a) The board may require that an operating plan include additional mandatory requirements if it is judged by the board that the plan does not effectively prevent violations of liquor laws and regulations, particularly those that prevent persons under twenty-one years of age or who are apparently intoxicated from obtaining alcohol.

(b) To permit alcohol servers to establish the age of patrons and to prevent over-service, sports/entertainment facilities must meet minimum lighting requirements established by WAC 314-11-055 in any area where alcohol is served or consumed. For the purpose of establishing a permanent technical standard, an operating plan may include a lighting standard measured in foot candles, so long as the candle power of the lighting is, at all times, sufficient to permit alcohol servers to establish the validity of documents printed in eight point type.

(3) Where will spirits, beer, and wine be allowed in a sports/entertainment facility? The purpose of the following matrix is to outline where and when alcohol service will normally be permitted. Due to the unique nature of each facility, the board will determine the permitted alcohol service based on the facility's approved operating plan.

(a) Self-service of alcohol is prohibited.

(b) If alcohol service is requested outside of the parameters listed below, a special request with justification for the alcohol service area must be submitted with the operating plan for consideration by the board.

| Type of event as defined in WAC 314-02-057 | Beer, wine, and spirits may be sold and served in approved restaurants, lounges, private suites, and club rooms | Beer, wine, and spirits may be sold and served in temporary lounges, beer gardens, or other approved service areas | Spirits, beer, and wine may be served and consumed in club seats during events | Beer and wine may be consumed throughout seating areas during events | Hawking - beer may be served throughout seating areas, subject to the provisions of WAC 314-02-058(4) | | --- | --- | --- | --- | --- | --- | | Professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events | x | x | x | x | x | | All other professional sporting events including WWE, UFC, rodeo, motorcross, national auto racing, and monster truck events (level of alcohol service will be determined on a case-by-case basis per the approved operating plan) | x | x | x | x | | | Amateur sporting events (nonpaid athletes) | x | x | | x | | | Entertainment events | x | x | | | | | Special events (trade shows, conventions) | x | x | | | | | Darkened house events | x | x | x | x | |

(c) For private events, beer, wine, and spirits may be served in the area where the event is held. This area may be a separate meeting or banquet room or the entire facility.

(d) In order to minimize youth access to alcohol, the board may prohibit or restrict the service of alcohol at events where the attendance is expected to be over thirty percent persons under twenty-one years of age. This restriction will not apply to the professional sporting events outlined in WAC 314-02-057 (2)(a).

(e) To request approval for walk around beer and/or wine consumption at special events, the licensee must provide the board the following information about the event:

(i) Type of event;

(ii) Demographics of the event;

(iii) Lighting at the event; and

(iv) If the event is located indoors or outdoors.

(4) Darkened house. Consumption of alcohol within the darkened seating portions of the venue during entertainment activities are subject to the following conditions:

(a) Request for darkened house activities will be part of the operating plan.

(b) The board will only approve darkened house events after notification to the local authority as identified by the licensing division and approval by the designated local authority. The notification will clearly state:

(i) Primary responsibility for the control of the darkened area of the establishment will rest with the licensee and local law enforcement authorities; and

(ii) The board will not entertain contradictory recommendations from subdivisions of the local jurisdictions.

(c) Violation of the darkened house addendum to the operating plan will be viewed as an aggravating factor to a violation rather than a primary enforcement issue.

(5) Will hawking be allowed at sports/entertainment facilities? Subject to the provisions of this rule, hawking may be permitted in general seating areas for the sale and consumption of beer, at the professional sporting events of baseball, football, basketball, soccer, tennis, volleyball, horse racing, hockey, and track and field events only, as defined by WAC 314-02-057 (2)(a).

(a) An operating plan must include procedures for hawkers to verify the age of purchasers and to prevent service to apparently intoxicated persons.

(b) During hawking, any patron may decline to handle alcoholic beverages, either on behalf of themselves and for any person under their supervision. When a patron objects to handling alcohol, hawkers must accommodate the objection. The facility operating plan will address how hawking will be managed, including how hawkers will respond to patron objections to handling alcohol.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-058, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.24.570 and 66.08.030. WSR 15-18-040, § 314-02-058, filed 8/26/15, effective 9/26/15. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-058, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-059 How will the operating plans be enforced?

(1) The board will inspect sports/entertainment facilities and issue violation notices for:

(a) Infractions of all liquor laws and rules, particularly with regard to persons who appear intoxicated or who are under twenty-one years of age; and

(b) Any significant deviation from the approved operating plan.

(2) Violations of liquor laws or rules that occur as a result of not following the approved operating plan will be considered aggravating circumstances, which permit the board to impose added penalties.

History

Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-059, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-060 What is a caterer's endorsement?

(1) A spirits, beer, and wine restaurant, a beer and/or wine restaurant, and a tavern applicant or licensee may apply for a caterer's endorsement, in order to extend the on-premises license privilege to allow the sale and service of liquor at locations other than liquor licensed premises. See RCW 66.24.420(6), 66.24.320(2), and 66.24.330 for more information about this endorsement.

(2) The annual fee for this endorsement is $525.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-060, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.24.010, 66.24.035, and 66.24.330. WSR 18-04-116, § 314-02-060, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-060, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-060, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-060, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-060, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-061 What is required for off-site storage of liquor under a caterer's endorsement?

A spirits, beer, and wine restaurant licensee with a caterer's endorsement, a beer and/or wine restaurant licensee with a caterer's endorsement, or a tavern licensee with a caterer's endorsement, may store its alcohol at locations described in RCW 66.24.320, 66.24.330, and 66.24.420 that are not on the licensed premises if the following conditions are met:

(1) The licensee must display the approval letter for storing liquor at each location;

(2) Liquor storage must be within the event location where catering services for events are provided;

(3) If the location is one for which the licensee has an on-going contract or agreement to provide liquor service at catered events, the contract or agreement must include the following:

(a) Names of the parties;

(b) Location and address where on-going liquor catering services are provided;

(c) A sketch and description of the facility that includes where the liquor will be stored, how the liquor will be secured to ensure public safety, and the provisions that restrict access to the liquor storage area to the licensee and the licensee's employees; and

(d) Signatures of the parties.

(4) For locations owned or leased by the licensee and for which the licensee provides liquor service at catered events, the licensee must submit copies of documents that evidence the ownership or leasehold interest.

History

Statutory Authority: RCW 66.24.010, 66.24.035, and 66.24.330. WSR 18-04-116, § 314-02-061, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 66.08.030. WSR 09-02-012, § 314-02-061, filed 12/29/08, effective 1/29/09.

Wash. Admin. Code § 314-02-065 Snack bar license.

WAC 314-02-065

(1) Per RCW 66.24.350, a snack bar license allows a licensee to serve beer by the opened bottle or can, wine by the glass, or both for on-premises consumption only.

(2) Snack bar licensees must have snack food, as defined in WAC 314-02-010, available whenever beer or wine is sold or served.

(3) Snack bars must have designated seating for on-premises consumption of beer or wine.

(4) The annual fee for this license is $187.50.

History

Statutory Authority: RCW 34.05.353, 66.08.030, and 66.24.350. WSR 26-14-117, s 314-02-065, filed 7/1/26, effective 7/1/26. Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-065, filed 1/20/26, effective 1/20/26. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-065, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-065, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-065, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-065, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-070 What is a tavern license?

(1) Per RCW 66.24.330 and 66.24.354, this license allows a tavern to:

| Privilege | Annual fee | | --- | --- | | (a) Serve beer by the bottle or can or by tap for on-premises consumption. | $300 | | (b) Serve wine for on-premises consumption. | $300 | | (c) Sell beer and/or wine in the original, unopened containers for off-premises consumption. | $180 | | (d) Sell tap beer for off-premises consumption in a sanitary container holding less than four gallons of beer, provided by the purchaser, licensee, or manufacturer and filled by an employee at the time of purchase. | In conjunction with off-premises privilege outlined in (c) of this subsection. | | (e) Sell cider as defined in RCW 66.24.210(6) for off-premises consumption to a purchaser in a sanitary container brought to the premises by the purchaser or provided by the licensee and filled at the tap in the tavern at the time of purchase. The licensee must comply with federal regulations. | In conjunction with off-premises privilege outlined in (c) of this subsection. | | (f) Sell beer in kegs or other containers holding at least four gallons of beer (see WAC 314-02-110 regarding the requirements for registering kegs). | In conjunction with off-premises privilege outlined in (c) of this subsection. |

(2) A tavern licensee may not allow persons under 21 years of age on the premises at any time (see RCW 66.44.316 for information regarding employees and professional musicians under 21 years of age).

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-070, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-070, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-02-070, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-070, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-070, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-070, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-075 What is a motel license?

(1) Per RCW 66.24.540, a motel license allows a motel to:

(a) Sell liquor in locked honor bars in no more than one-half of its guest rooms, provided that:

(i) Rooms are rented to guests, at a minimum, on a daily rental basis; and

(ii) Each honor bar also contains snack food; and

(b) Provide beer and wine by the individual serving to overnight guests of the motel, without additional charge, for on-premises consumption at a specified regular date, time, and place (such as a hospitality room). Patrons may not self-serve during these functions.

(2) The motel must be licensed as a "transient accommodation" per chapter 70.62 RCW.

(3) The annual fee for this license is $750.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-075, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-075, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-080 What are the requirements for a motel licensee or a hotel licensee to sell liquor in honor bars?

For the purposes of this chapter, an "honor bar" is a cabinet, box, cooler, or refrigerator in a guest room that can be opened only with a key, combination, magnetic card, or similar device. The following requirements apply to the use of an honor bar:

(1) The licensee must require proof of age before providing a guest access to an honor bar. The guest must sign a declaration, under penalty of perjury, verifying that:

(a) The guest is twenty-one years of age or older; and

(b) No one under twenty-one years of age will have access to the liquor in the honor bar.

(2) The honor bars must remain locked whenever the room is rented to a guest under twenty-one years of age.

(3) All liquor stored on the licensed premises must be either locked in an honor bar or locked in a secured liquor storage room.

(4) No person under twenty-one years of age may have access to the honor bars, liquor storage rooms, or keys, combinations, etc., to the locked honor bars or storage rooms.

(5) A honor bar or storage room may only be replenished during those hours when liquor may legally be sold (not between 2:00 a.m. and 6:00 a.m.), and only by employees who are twenty-one years of age or older. Beer and wine wholesalers may deliver, price, and stock product only in storage rooms.

(6) Liquor in honor bars may only be sold in individual containers in the following sizes:

(a) Spirits - not to exceed fifty milliliters;

(b) Beer - not to exceed twelve ounces; and

History

Statutory Authority: RCW 66.08.030 and 66.24.590. WSR 08-17-067, § 314-02-080, filed 8/19/08, effective 9/19/08. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-080, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-082 What is a beer and wine theater license?

(1) A beer and wine theater is a place of business where motion pictures or other primarily nonparticipatory entertainment or events are shown. The holder of a beer and wine theater license is allowed to sell beer, strong beer, and wine, at retail, for consumption on the licensed premises.

(2) The requirements for the beer and wine theater license are as follows:

(a) The theater has no more than four screens.

(b) All servers of beer and wine are required to attend a mandatory alcohol server training (MAST) program.

(d) If the theater premises will be frequented by minors, an alcohol control plan agreement must be signed and submitted to the board during the application process.

(3) The alcohol control plan agreement will be provided on a form by the board and includes the following requirements:

(a) To ensure that alcoholic beverages are not sold to persons under the age of twenty-one, staff will request identification from any patron who appears to be age thirty or under and who is attempting to purchase an alcoholic beverage.

(b) Alcoholic beverages must be served in containers that differ significantly from containers utilized for nonalcoholic beverages.

(d) If staff observes a patron who is in the possession of or who is consuming an alcoholic beverage who appears to be of questionable age, staff will request identification from that patron. If the patron is unable to produce an acceptable form of identification verifying their age the alcohol will be confiscated.

(e) Staff will accept only those forms of identification that are acceptable per WAC 314-11-025 to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol.

(f) All employees involved in the sale, service and/or supervision of alcoholic beverages will be required to attend MAST to obtain the appropriate permit for their level of service.

(g) Sufficient lighting must be maintained at the point of sale so that identification can be confirmed and patrons observed for signs of intoxication.

(h) To ensure alcoholic beverages are served in a safe, responsible, and controlled manner, sales and service of alcoholic beverages will be limited to one serving per person per transaction.

(i) If a patron is accompanied by another patron who wants to pay for both people's drinks, they may do so, provided that both patrons are of legal age to purchase, and have proper identification, if requested, and are not displaying signs of intoxication.

(j) Alcohol may only be sold, served, and consumed in areas designated in the alcohol control plan agreement and approved by the board.

(k) Staff will refuse to sell an alcoholic beverage to any person who appears to be intoxicated. Alcoholic beverages will be removed from any person who appears to be intoxicated.

(l) This alcohol control plan agreement will be prominently posted on the licensed premises.

(4) Penalties are doubled for a violation involving minors or the failure to follow the signed alcohol control plan agreement.

(5) If a theater premises has a restaurant located outside of the actual theater screening areas, beer and wine may be served and consumed in the restaurant area.

(a) Beer may be sold by the pitcher as well as by individual serving for consumption in the restaurant area.

(b) Wine may be sold by the bottle as well as by the individual serving for consumption in the restaurant area.

History

Statutory Authority: RCW 66.24.650 and 66.24.655. WSR 14-03-077, § 314-02-082, filed 1/15/14, effective 2/15/14.

Wash. Admin. Code § 314-02-087 Spirits, beer, and wine theater license.

WAC 314-02-087

(1) A spirits, beer, and wine theater is a place of business where motion pictures or other primarily nonparticipatory entertainment or events are shown. The holder of a beer and wine theater license is allowed to sell spirits, beer, strong beer, and wine, at retail, for consumption on the licensed premises.

(2) The requirements for the spirits, beer, and wine theater license are as follows:

(a) The theater has no more than 200 seats per theater room.

(b) All servers of beer and wine are required to attend a mandatory alcohol server training (MAST) program.

(c) The serving size for spirits is one and one quarter ounce. The serving size for wine is five ounces. The serving size for beer is 12 ounces.

(d) There must be tabletop accommodations for in theater dining.

(e) If the theater premises will be frequented by minors an alcohol control plan agreement must be signed and submitted to the board during the application process.

(3) A spirits, beer, and wine theater licensee must meet the same food service requirements that apply to spirits, beer, and wine restaurant licensees in WAC 314-02-035.

(4) The alcohol control plan agreement will be provided on a form by the board and includes the following requirements:

(a) Electronic identification scanners must be used at all points of sale for alcoholic beverage purchases.

(b) To ensure that alcoholic beverages are not sold to persons under the age of 21, staff must request identification from any patron who is attempting to purchase an alcoholic beverage, regardless of their age.

(c) Alcoholic beverages must be served in containers that differ significantly from containers utilized for nonalcoholic beverages.

(d) All alcoholic beverages sold under this license must be sold by the individual drink.

(e) If staff observes a patron who is in the possession of or who is consuming an alcoholic beverage, who appears to be of questionable age, staff will request identification from that patron. If the patron is unable to produce an acceptable form of identification verifying their age, the alcohol will be confiscated.

(f) Staff will accept only those forms of identification that are acceptable per WAC 314-11-025 to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol.

(g) All employees involved in the sale, service, and/or supervision of alcoholic beverages will be required to attend MAST to obtain the appropriate permit for their level of service.

(h) Areas of the licensed premises where alcohol is sold and consumed must be regularly monitored by staff who have completed an alcohol server training program as described in (g) of this subsection.

(i) Sufficient lighting must be maintained at the point of sale so that identification can be confirmed and patrons observed for signs of intoxication.

(j) To ensure alcoholic beverages are served in a safe, responsible, and controlled manner, sales and service of alcoholic beverages will be limited to one serving per person per transaction.

(k) If a patron is accompanied by another patron who wants to pay for both people's drinks, they may do so, provided that both patrons are of legal age to purchase, and have proper identification, if requested, and are not displaying signs of intoxication.

(l) Alcohol may only be sold, served, and consumed in areas designated in the alcohol control plan agreement and approved by the board.

(m) Staff will refuse to sell an alcoholic beverage to any person who appears to be intoxicated. Alcoholic beverages will be removed from any person who appears to be intoxicated.

(n) This alcohol control plan agreement will be prominently posted on the licensed premises.

(5) Penalties are doubled for a violation involving minors or the failure to follow the signed alcohol control plan agreement.

(6) If the theater premises has a restaurant located outside of the actual theater screening areas, spirits, beer, and wine may be served and consumed in the restaurant area.

(a) Spirits may be sold by the individual drink.

(b) Beer may be sold by the pitcher as well as by individual serving for consumption in the restaurant area.

History

Statutory Authority: RCW 66.08.030, 66.24.655, and 34.05.353. WSR 26-14-118, s 314-02-087, filed 7/1/26, effective 7/1/26. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-087, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-087, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.24.650 and 66.24.655. WSR 14-03-077, § 314-02-087, filed 1/15/14, effective 2/15/14.

Wash. Admin. Code § 314-02-090 What is a nonprofit arts organization license?

(1) Per RCW 66.24.495, this license allows a bona fide nonprofit organization to sell beer, wine, and spirits by the individual serving in conjunction with artistic or cultural exhibitions or performances.

(2) The nonprofit organization must be organized and operated for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs for viewing by the general public. See RCW 66.24.495(2) for specific organizational requirements.

(3) Alcohol sales and consumption may occur in the seating areas during performances and in the lobby area and/or restricted bar area of the premises prior to the commencement of an exhibition or performance and during intermission.

(4) The annual fee for this license is two hundred fifty dollars.

History

Statutory Authority: RCW 66.08.030. WSR 16-01-101, § 314-02-090, filed 12/16/15, effective 1/16/16. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-090, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-090, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-092 What is a combination spirits, beer, and wine license?

(1) Per RCW 66.24.632, a combination spirits, beer, and wine license is a retail license that allows a licensee to sell beer and wine, including strong beer, at retail in bottles, cans, and original containers for off-premises consumption, and to:

(a) Sell spirits in original containers to consumers for off-premises consumption and to permit holders;

(b) Sell spirits in original containers to retailers licensed to sell spirits for consumption on the premises, for resale at their licensed premises according to the terms of their licenses; and

(2) A combination spirits, beer, and wine licensee that intends to sell to an on-premises retailer must possess a basic permit under the Federal Alcohol Administration Act. This permit must provide for purchasing distilled spirits for resale at wholesale. A copy of the federal basic permit must be submitted to the board. A federal basic permit is required for each location from which the combination spirits, beer, and wine licensee plans to sell to an on-premises retailer.

(3) A sale by a combination spirits, beer, and wine licensee is a retail sale only if not for resale to an on-premises spirits retailer. On-premises retail licensees that purchase spirits from a combination spirits, beer, and wine licensee must abide by RCW 66.24.630.

(4) A combination spirits, beer, and wine licensee must pay to the board 17 percent of all spirits sales.(see WAC 314-02-109 for quarterly reporting requirements).

Reporting of spirits sales and payment of fees must be submitted on forms provided by the board.

(5) The board may issue a combination spirits, beer, and wine license:

(a)(i) For premises comprising at least 10,000 square feet of fully enclosed retail space within a single structure, including store rooms and other interior areas. This does not include any area encumbered by a lease or rental agreement; and

(ii) To applicants that the board determines will maintain appropriate systems for inventory management, employee training, employee supervision, and physical security of the product.

(b) For premises of a former contract liquor store; or

(6) A spirits retail licensee may apply for a sampling endorsement to conduct spirits, beer, and wine sampling if they meet the following criteria:

(a) Be a participant in the responsible vendor program;

(b) Advertising:

(i) For combination spirits, beer, and wine retail licensees that are grocery stores, advertising samplings may not be placed in the windows or outside of the premises that can be viewed from the public right of way;

(ii) For combination spirits, beer, and wine retail licensees that are specialty stores, advertising of sampling may be advertised but not state that sampling is free of charge.

(i) Samplings service area and facilities must be located within the licensee's fully enclosed retail area and must be of a size and design that the licensee can observe and control persons in the area;

(ii) The licensee must provide a sketch of the sampling area. For combination spirits, beer, and wine licensees that are grocery stores, fixed or movable barriers are required around the sampling area to ensure that persons under 21 years of age and apparently intoxicated persons cannot possess or consume alcohol. For combination spirits, beer, and wine licensees that are specialty stores, barriers are not required. The sketch is to be included with the application for the spirits sampling endorsement;

(iii) Each sample may be no more than one-half ounce of spirits, and no more than a total of one and one-half ounces of spirits samples per person during any one visit to the premises. Spirits samples may be altered with mixers, water, and/or ice. For combination spirits, beer, and wine licensees that are grocery stores, beer and wine samples must be two ounces or less, up to a total of four ounces per person during any one visit to the premises. For combination spirits, beer, and wine licensees that are specialty stores, each beer and wine sample must be two ounces or less and no more than 10 ounces of beer and/or wine may be provided to a customer during any one visit to the premises;

(iv) For combination spirits, beer, and wine licensees that are grocery stores, the licensee must have food available for the sampling participants;

(v) Customers must remain in the service area while consuming samples;

(vi) All employees serving spirits, beer, or wine during sampling events must hold a class 12 server permit;

(vii) For combination spirits, beer, and wine licensees that are grocery stores, there must be at least two employees on duty when conducting sampling events;

(viii) Sampling activities are subject to RCW 66.28.305 and 66.28.040.

(d) Licensees are required to send a list of scheduled sampling events to their regional enforcement office at the beginning of each month. The date and time for each sampling must be included;

(e) The cost for a beer and wine sampling endorsement is $200. There is no charge for a spirits sampling endorsement.

(7) A combination spirits, beer, and wine licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

(8) A combination spirits, beer, and wine licensee may sell spirits, beer, and wine over the internet. See WAC 314-03-020 and 314-03-030 regarding internet sales and delivery.

(9) A combination spirits, beer, and wine applicant or licensee that is a grocery store may apply for an international exporter endorsement for $500 a year, which allows the sale of beer and wine for export to locations outside the United States.

(10) A combination spirits, beer, and wine licensee may apply for an endorsement to sell beer and cider growlers.

(a) Beer and cider must be sold in sanitary containers provided by the purchaser, licensee or the manufacturer and filled by the employee at the time of purchase.

(b) The taps must be located behind a counter where only employees have access or the taps must have locks preventing use unless unlocked and operated by an employee.

(d) All employees operating a tap must hold a class 12 alcohol server permit.

(e) The cost for the endorsement is $180.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-092, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.24.010, 66.24.035, and 66.24.330. WSR 18-04-116, § 314-02-092, filed 2/7/18, effective 3/10/18.

Wash. Admin. Code § 314-02-100 What is a grocery store license?

(1) Per RCW 66.24.360, a grocery store license allows a licensee to sell beer and/or wine for off-premises consumption.

(2) The annual fee for this license is $550.

(3) In order to obtain and maintain a grocery store license, the premises must be stocked with an inventory of at least $3,000 wholesale value of food for human consumption, not including soft drinks, beer, or wine. This minimum inventory must be:

(a) Stocked within the confines of the licensed premises; and

(b) Maintained at the premises at all times the business is licensed, with the exception of:

(i) The beginning and closing inventory for seasonal operations; or

(ii) When the inventory is being sold out immediately prior to discontinuing or selling the business.

(4) A grocery store licensee may sell beer in kegs or other containers holding at least four gallons and less than five and one-half gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

(5) A grocery store licensee may sell beer and wine over the internet. See WAC 314-03-020 regarding internet sales and delivery.

(6) A grocery store applicant or licensee may apply for an international exporter endorsement for $500 a year, which allows the sale of beer and wine for export to locations outside the United States.

(7) A grocery store applicant or licensee may apply for a beer and wine tasting endorsement which allows beer and wine tastings on the grocery store premises. The annual fee for this endorsement is $300.

(8) A grocery store licensee may apply for an endorsement to sell beer and cider growlers.

(a) The licensee must have sales from beer and wine exceeding 50 percent of their total revenues or maintain an alcohol inventory of not less than $15,000.

(b) Beer and cider must be sold in sanitary containers provided by the purchaser, licensee or the manufacturer and filled by the employee at the time of purchase.

(c) The taps must be located behind a counter where only employees have access or the taps must have locks preventing use unless unlocked and operated by an employee.

(d) Only employees of the licensee are permitted to operate the taps.

(e) All employees operating a tap must hold a class 12 alcohol server permit.

(f) The cost for the endorsement is $120.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-100, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 16-01-102, § 314-02-100, filed 12/16/15, effective 1/16/16. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-100, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-100, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-100, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-100, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-102 What are the requirements for a grocery store licensee to conduct beer and wine tastings?

(1) To be issued a beer and wine tasting endorsement, the licensee must meet the following criteria:

(a) The licensee operates a fully enclosed retail area encompassing at least ten thousand square feet. The board may issue the endorsement to a licensee with a retail area with less than ten thousand square feet if there is no licensee in the community that meets the ten thousand square foot requirement under the following conditions: There must be at least two employees on duty any time the licensee is conducting beer and wine tasting events. One employee must be dedicated to beer and wine tastings during these events;

(b) The licensee has not had more than one public safety administrative violation within the last two years. The two-year window is counted from two years prior to the date of the application for the beer and wine tasting endorsement. (See WAC 314-29-020 for a list of public safety violations.)

(2) In addition to the conditions in RCW 66.24.363, a beer and wine tasting must be conducted under the following:

(a) The licensee must provide a sketch of the tasting area. Fixed or moveable barriers are required around the tasting area to ensure persons under twenty-one years of age do not possess or consume alcohol;

(b) Signs advertising beer and wine tastings may not be placed in the windows or outside of the premises that can be viewed from the public right of way;

(3) Licensees are required to send a list of scheduled beer and wine tastings to their regional enforcement office at the beginning of each month. The date and time for each beer and wine tasting must be included.

History

Statutory Authority: RCW 66.24.363, 66.24.660 and 66.08.030. WSR 14-02-001, § 314-02-102, filed 12/18/13, effective 1/18/14. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-102, filed 12/21/10, effective 1/21/11.

Wash. Admin. Code § 314-02-103 What is a wine retailer reseller endorsement?

(1) A wine retailer reseller endorsement is issued to the holder of a grocery store liquor license, the holder of a beer and/or wine specialty shop license, or the holder of a combination spirits, beer, and wine license to allow the sale of wine at retail to on-premises liquor licensees.

(2) Holders of a beer and/or wine specialty shop license may sell a maximum of 5,000 liters of wine per day for resale to retailers licensed to sell wine for consumption on the premises.

(3) A grocery store licensee or a beer and/or wine specialty shop licensee with a wine retailer reseller endorsement may accept delivery at its licensed premises or at one or more warehouse facilities registered with the board.

(4) The holder of a wine retailer reseller endorsement may also deliver wine to its own licensed premises from the registered warehouse; may deliver wine to on-premises licensees, or to other warehouse facilities registered with the board. A grocery store licensee or a beer and/or wine specialty shop licensee wishing to obtain a wine retailer reseller endorsement that permits sales to another retailer must possess and submit a copy of their federal basic permit to purchase wine at wholesale for resale under the Federal Alcohol Administration Act. A federal basic permit is required for each location from which the grocery store licensee or beer and/or wine specialty shop licensee holding a wine retailer reseller endorsement plans to sell wine to another retailer.

(5) The annual fee for the wine retailer reseller endorsement for a grocery store licensee is $249.

(6) The annual fee for the wine retailer reseller endorsement for a beer and/or wine specialty shop licensee is $165.

(7) Sales made under the reseller endorsement are not classified as retail sales for taxation purposes.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-103, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.24.010, 66.24.035, and 66.24.330. WSR 18-04-116, § 314-02-103, filed 2/7/18, effective 3/10/18. Statutory Authority: RCW 66.08.030 and 66.20.010. WSR 17-08-099, § 314-02-103, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-02-103, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-02-104 Central warehousing.

(1) Each retail liquor licensee having a warehouse facility where they intend to receive wine and/or spirits must register their warehouse facility with the board and include the following information:

(a) Documentation that shows the licensee has a right to the warehouse property;

(b) If a warehouse facility is to be shared by more than one licensee, each licensee must demonstrate to the board that a recordkeeping system is utilized that will account for all wine and/or spirits entering and leaving the warehouse for each license holder. The system must also account for product loss;

(c) Licensees in a shared warehouse may consolidate their commitment for the amount of product they plan to order, but their orders must be placed separately and paid for by each licensee; and

(d) Alternatively, if the warehouse does not have a recordkeeping system that provides the required information, wine and/or spirits for each licensee in a shared warehouse must be separated by a physical barrier. Where physical separation is utilized, a sketch of the interior of the warehouse facility must be submitted indicating the designated area the licensee will be storing product. (Example: If ABC Grocery and My Grocery, each licensed to a different ownership entity, both lease space in a warehouse facility, the wine and/or spirits must be in separate areas separated by a physical barrier.)

(2) Spirits retail licensees may have spirits product delivered to their individual licensed premises, at any other spirits retail licensed premises, or at a warehouse facility registered with the board.

(a) Spirits retail licensees may negotiate a volume discount price with a spirits distributor to order spirits product as a group and have all product delivered to one spirits retail licensed premises.

(b) Spirits distributors may accept a group order for spirits and deliver to one spirits retail licensed premises and collect individual checks for payment from each spirits retail licensee that participated in the group order.

(c) Each spirits retail licensee will pick up their spirits product from the spirits retail licensed premises where the spirits product was delivered.

(3) Upon the request of the board, the licensee must provide any of the required records for review. Retail liquor licensees must keep the following records for three years:

(a) Purchase invoices and supporting documents for wine and/or spirits purchased;

(b) Invoices showing incoming and outgoing wine and/or spirits (product transfers);

(c) Documentation of the recordkeeping system in a shared warehouse as referenced in subsection (1)(b) of this section; and

(d) A copy of records for liquor stored in the shared warehouse.

(4) Each licensee must allow the board access to the warehouse for audit and review of records.

(5) If the wine and/or spirits for each licensee in a shared warehouse is not kept separate, and a violation is found, each licensee that has registered the warehouse with the board may be held accountable for the violation.

History

Statutory Authority: RCW 66.08.030. WSR 16-01-102, § 314-02-104, filed 12/16/15, effective 1/16/16. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-02-104, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-02-105 What is a beer and/or wine specialty store license?

(1) Per RCW 66.24.371, a beer and/or wine specialty store license allows a licensee to sell beer and/or wine for off-premises consumption.

(2) The annual fee for this license is $150.

(3) Qualifications for license - To obtain and maintain a beer and/or wine specialty store license, the premises must be stocked with an inventory of beer and/or wine in excess of $3,000 wholesale value. This inventory must be:

(a) Stocked within the confines of the licensed premises; and

(b) Maintained on the premises at all times the premises is licensed, with the exception of beginning and closing inventory for seasonal operations or when the inventory is being sold out immediately prior to discontinuing or selling the business.

(4) Qualifications to sample - A beer and/or wine specialty store licensee may allow customers to sample beer and wine for the purpose of sales promotion, if the primary business is the sale of beer and/or wine at retail, and the licensee meets the requirements outlined in either (a) or (b) of this subsection:

(a) A licensee's gross retail sales of alcohol exceeds 50 percent of all annual gross sales for the entire business; or

(b) The licensed premises is a beer and/or wine specialty store that conducts bona fide cooking classes for the purpose of pairing beer and/or wine with food, under the following conditions:

(i) The licensee must establish to the satisfaction of the board that the classes are bona fide cooking courses. The licensee must charge participants a fee for the course(s).

(ii) The sampling must be limited to a clearly defined area of the premises. The licensee must provide a sketch of the sampling area.

(iii) The licensee must receive prior approval from the board's licensing and regulation division before conducting sampling with cooking classes.

(iv) Once approved for sampling, the licensee must provide the board's enforcement and education division a list of all scheduled cooking classes during which beer and/or wine samples will be served. The licensee must notify the board's enforcement and education division at least 48 hours in advance if classes are added.

(5) Licensees who qualify for sampling under subsection (4) of this section may sample under the following conditions:

(a) Employees conducting sampling must hold a class 12 alcohol server permit;

(b) No more than a total of 10 ounces of alcohol may be provided to a customer during any one visit to the premises;

(6) A beer and/or wine specialty store licensee may sell beer in kegs or other containers holding at least four gallons of beer. See WAC 314-02-115 regarding keg registration requirements.

(7) A beer and/or wine specialty store licensee may receive an endorsement to permit the sale of beer and cider as defined in RCW 66.24.210(6) to a purchaser in a sanitary container brought to the premises by the purchaser, or provided by the licensee or manufacturer, and filled at the tap by the licensee at the time of sale under the following conditions:

(a) The beer and/or wine specialty store sales of alcohol must exceed 50 percent of their total sales;

(b) The board may waive the 50 percent beer and/or wine sale criteria if the beer and/or wine specialty store maintains a wholesale alcohol inventory that exceeds $15,000.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-105, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-105, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-02-105, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.24.371 and 66.08.030. WSR 13-08-002, § 314-02-105, filed 3/20/13, effective 4/20/13. Statutory Authority: RCW 66.08.030 and chapter 66.24 RCW. WSR 11-23-045, § 314-02-105, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-105, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-02-105, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.371. WSR 04-19-156, § 314-02-105, filed 9/22/04, effective 10/23/04
WSR 04-07-020, § 314-02-105, filed 3/8/04, effective 4/8/04. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-105, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-106 What is a spirits retailer license?

(1) The holder of a spirits retailer license is allowed to:

(a) Sell spirits in original containers to consumers for off-premises consumption;

(b) Sell spirits in original containers to permit holders (see chapter 66.20 RCW);

(d) Export spirits in original containers.

(2) A spirits retailer licensee that intends to sell to another retailer must possess a basic permit under the Federal Alcohol Administration Act. This permit must provide for purchasing distilled spirits for resale at wholesale. A copy of the federal basic permit must be submitted to the board. A federal basic permit is required for each location from which the spirits retailer licensee plans to sell to another retailer.

(3) A sale by a spirits retailer licensee is a retail sale only if not for resale to an on-premises spirits retailer. On-premises retail licensees that purchase spirits from a spirits retail licensee must abide by RCW 66.24.630.

(4) A spirits retail licensee must pay to the board 17 percent of all spirits sales.

(5) Per RCW 66.24.055, a spirits retail licensee selling for resale must pay to the board a 10 percent distributor license fee for the first 27 months of licensure, and a five percent distributor license fee for month 28 and each month thereafter. The fee is required on sales of spirits which the licensee selling to another licensee for resale is the first to have received:

(a) Spirits manufactured in the state, from the distiller; or

(b) Spirits manufactured outside of the state from an authorized out-of-state supplier; and

(6) Reporting of spirits sales and payment of fees must be submitted electronically or on forms provided by the board. Reporting requirements are outlined in WAC 314-02-109.

(7) A spirits retail licensee may apply for a spirits sampling endorsement to conduct spirits sampling if they meet the following criteria:

(a) Be a participant in the responsible vendor program;

(b) Advertising:

(i) For spirits retail licensees that also hold a grocery store license, signs advertising spirits samplings may not be placed in the windows or outside of the premises that can be viewed from the public right of way;

(ii) For spirits retail licensees that also hold a beer/wine specialty store license, advertising of spirits sampling may be advertised but not state that sampling is free of charge.

(i) Spirits samplings service area and facilities must be located within the licensees' fully enclosed retail area and must be of a size and design that the licensee can observe and control persons in the area.

(ii) The licensee must provide a sketch of the sampling area. Fixed or movable barriers are required around the sampling area to ensure that persons under 21 years of age and apparently intoxicated persons cannot possess or consume alcohol. The sketch is to be included with the application for the spirits sampling endorsement.

(iv) The licensee must have food available for the sampling participants.

(v) Customers must remain in the service area while consuming samples.

(vi) All employees serving spirits during sampling events must hold a class 12 server permit.

(vii) There must be at least two employees on duty when conducting spirits sampling events.

(viii) Spirits sampling activities are subject to RCW 66.28.305 and 66.28.040.

(d) Licensees are required to send a list of scheduled spirits samplings to their regional enforcement office at the beginning of each month. The date and time for each sampling must be included.

(8) The annual fee for a spirits retail license is $550.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-106, filed 1/20/26, effective 1/20/26. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-02-106, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-106, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.24.670 and 66.08.030. WSR 15-07-036, § 314-02-106, filed 3/11/15, effective 4/11/15. Statutory Authority: RCW 66.24.363, 66.24.660 and 66.08.030. WSR 14-02-001, § 314-02-106, filed 12/18/13, effective 1/18/14. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-02-106, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-02-107 What are the requirements for a spirits retail license?

(1) The requirements for a spirits retail license are as follows:

(a) Submit a signed acknowledgment form indicating the square footage of the premises. The premises must be at least ten thousand square feet of fully enclosed retail space within a single structure, including store rooms and other interior areas. This does not include any area encumbered by a lease or rental agreement (floor plans one-eighth inch to one foot scale may be required by the board); and

(b) Submit a signed acknowledgment form indicating the licensee has a security plan which addresses:

(i) Inventory management;

(ii) Employee training and supervision; and

(iii) Physical security of spirits product with respect to preventing sales to underage or apparently intoxicated persons and theft of product.

(2) A grocery store licensee or a specialty shop licensee may add a spirits retail liquor license to their current license if they meet the requirements for the spirits retail license.

(3) The board may not deny a spirits retail license to qualified applicants where the premises is less than ten thousand square feet if:

(a) The application is for a former contract liquor store location;

(b) The application is for the holder of a former state liquor store operating rights sold at auction; or

(i) The applicant meets the operational requirements in WAC 314-02-107 (1)(b); and

(ii) If a current liquor licensee, has not committed more than one public safety violation within the last three years.

History

Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-02-107, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-02-1071 Trade area.

(1) "Trade area" as used in RCW 66.24.630 means an area where there is no spirits retail license within a 20-mile travel distance at the time of license application.

(2) For a spirits retail license application where the proposed premises is less than 10,000 square feet of fully enclosed retail space, the board will determine if there is an existing spirits retailer within 20 travel miles at the time of license application.

(3) Former contract or state liquor store owners are exempt from the 10,000 square foot minimum required by law. If either entity chooses to locate within a trade area as defined in this section, they may be issued a license as long as they are in compliance with relocation criteria as established by the board.

(4) Spirits retailers owned and operated by a tribe or its tribal enterprise, located in Indian country as defined by 18 U.S.C. Sec. 1151, including reservation and all lands held in trust by the United States for the tribe or its members, are exempt from the 20-mile travel distance requirement.

(a) For purposes of this subsection, "tribe" means a federally recognized tribe as defined by 25 U.S.C. Sec. 4103 (13)(B).

(b) For purposes of this subsection, "tribal enterprise" means a wholly owned business enterprise of the tribe.

(5) The board may make an exception to the 20-mile travel distance requirement for a spirits retail license application where access to the proposed location is by means of travel other than automobile.

History

Statutory Authority: RCW 66.08.030. WSR 24-06-023, § 314-02-1071, filed 2/28/24, effective 3/30/24
WSR 13-20-148, § 314-02-1071, filed 10/2/13, effective 11/2/13.

Wash. Admin. Code § 314-02-108 Responsible vendor program.

(1) What is the purpose of this chapter? The purpose of this section is to establish standards and procedures for a responsible vendor program for spirits retail and beer and wine retail licensees selling alcohol for off-premises consumption.

(2) What is the responsible vendor program for spirits retail licensees? This program is free, voluntary, and self-monitoring. Spirits retail licensees who hold a responsible vendor certificate and maintain all requirements are eligible for reduced sanctions on their first single violation within any period of 12 calendar months.

(3) How does a spirits retail licensee become a responsible vendor? Any spirits retail licensee who meets the program standards may participate. To apply for a responsible vendor certificate, the licensee must have no public safety violations within the last two years and must complete and submit a board-provided application form. Board staff will review the application for completeness, and will:

(a) Certify the completed application clearly indicates the licensee has all program standards in place and send a certificate to the licensee; or

(b) Return an incomplete application that does not clearly indicate the licensee has all program standards in place. Staff will notify the licensee of the reason(s) the application is being returned.

(4) To qualify as a responsible vendor, a spirits retail licensee must:

(a) Post their responsible vendor program certificate for public viewing at the main entrance of the premises;

(b) Train each employee supervising or selling alcohol in responsible liquor sales. Licensees may require employees to obtain a mandatory alcohol server training permit from a board certified provider or train employees themselves using the training criteria specified in subsection (5) of this section; and

(c) In an area visible to employees, post the house policies on alcohol sales and checking identification. The licensee must have each employee read and sign the house policies which must include at a minimum:

(i) A list of acceptable forms of identification which are accepted at the premises;

(ii) Directions for checking identification for customers; and

(iii) The consequences for selling spirits to a minor or apparently intoxicated person.

(d) In an area visible to patrons, post signs to deter illegal purchases of alcohol. Examples of information include, it is illegal to purchase alcohol under 21 years of age or while apparently intoxicated. Other information may include acceptable forms of identification at the premises;

(e) Have an on-going training plan for employees, to include annual training at a minimum. Examples of training include computer based training, video training, classroom instruction, and meetings. The training may be done individually or in a group. At a minimum, training must cover the topics listed in subsection (5) of this section; and

(f) Retain employee training records and signed house policies for three years and must be able to present employee training records upon request.

(5) What are the program standards, program content, and other requirements for the responsible vendor program? All training must include, at a minimum, the following:

(a) Guidelines for recognizing minors and apparently intoxicated persons;

(b) Forms of identification for purchasing alcohol;

(d) A requirement to check identification in accordance with house policies;

(e) Recommended actions for refusing sales of alcohol to minors or apparently intoxicated persons;

(f) A review of the consequences for selling to minors, and the importance of not selling alcohol to minors or apparently intoxicated persons;

(g) A review of house policies on alcohol sales. Each licensee must ensure that their employees receive training that covers the licensee's own house policies; and

(h) The standards and requirements for the mandatory alcohol server training stipulated in WAC 314-17-060 are deemed sufficient for employee's initial training for the responsible vendor training.

(6) What are the sanctions when a licensee violates liquor laws or regulations? For violations, as outlined in WAC 314-29-020 through 314-29-040, involving the sales of spirits, the prescribed penalty is doubled. If a licensee has a certified responsible vendor program having all program standards in place, the board will impose the standard penalty detailed in WAC 314-29-020 through 314-29-040 for that violation. Any subsequent violation involving spirits within any period of 12 calendar months will be double the standard penalties. Regardless of the type of alcohol sold; beer, wine, or spirits, WAC 314-29-020 through 314-29-040 are applicable.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-02-108, filed 11/6/24, effective 12/7/24
WSR 14-15-075, § 314-02-108, filed 7/16/14, effective 8/16/14. Statutory Authority: RCW 66.08.030, 66.24.630. WSR 12-11-008, § 314-02-108, filed 5/3/12, effective 6/3/12.

Wash. Admin. Code § 314-02-1081 What is the responsible vendor program for beer and wine retail licensees selling beer and wine for off-premises consumption?

(1) The program promotes retail licensees selling beer and wine for off-premises consumption taking positive steps to ensure alcohol is sold responsibly. The program is provided free and licensees may join the program voluntarily. Retail licensees selling beer and wine for off-premises consumption who hold a responsible vendor certificate and maintain all requirements are eligible for reduced penalties on their first public safety violation within any period of twenty-four calendar months.

(2) How does a beer and wine retail licensee become a responsible vendor? Any beer and wine retail licensee selling beer and wine for off-premises consumption who meets the program standards may participate. To apply for a responsible vendor certificate, the licensee must have no public safety violations within the last two years and must complete and submit a board-provided application form. Board staff will review the application for completeness, and will:

(a) Certify the completed application clearly indicates the licensee has all program standards in place and send a certificate to the licensee; or

(b) Return an incomplete application that does not clearly indicate the licensee has all program standards in place. Staff will notify the licensee of the reason(s) the application is being returned.

(3) To qualify as a responsible vendor, a beer and wine retail licensee selling beer and wine for off-premises consumption must:

(a) Establish and enforce a house policy relating to the sale and service of alcohol products that includes at a minimum:

(i) Who needs responsible alcohol sales training and how often;

(ii) A list of acceptable forms of ID at the premises;

(iii) When and how to check ID;

(iv) When and how to refuse sales;

(v) When to notify the supervisor and/or law enforcement for problems; and

(vi) The consequences for failing to check ID and/or making illegal alcohol sales.

(b) Train employees prior to engaging in the sale of alcohol and provide refresher course annually at a minimum. The minimum training component must include:

(i) Information on the misuse and risks of underage use of alcohol;

(ii) Washington state liquor laws and regulations;

(iii) House policy (see house policy above for components);

(iv) How to identify the signs of intoxication; and

(v) How to get additional resources/training.

(i) Delegate a supervisor level employee to oversee and enforce store policies;

(ii) Participate and cooperate with local community organizations and/or efforts promoting public safety;

(iii) Monitor employee conduct and reinforce training;

(iv) Program point of sale system to recognize age restricted products and prompt cashiers to check ID and stop the transaction until the date of birth is entered and the age is calculated;

(v) Provide "birth date eligible to purchase alcohol" daily;

(vi) Provide appropriate ID checking tools such as current ID checking guide (shows valid ID formats from all states and U.S. territories), and "black lights" to check the authenticity of an ID;

(vii) No advertising targeting youth;

(viii) Displaying alcohol products in such a way to enable unobstructed monitoring, away from youth-oriented products; and

(ix) Use of theft deterrent devices.

(d) In an area visible to patrons, post signs to deter illegal purchased of alcohol. Examples include; it is illegal to purchase alcohol under twenty-one years of age or while apparently intoxicated. Other information may include acceptable forms of identification at the premises;

(e) Post the responsible vendor program certificate for public view in a conspicuous area at the front of the premises; and

(f) Retain employee training records and signed house policies for three years and be able to present employee training records upon request.

(4) What are the employee training standards and other requirements for the responsible vendor program?

(a) The training courses shall have the standards and requirements as stipulated in (a) and (b) of this subsection at a minimum;

(b) Training must require employee to demonstrate reasonable mastery of the topics;

(d) The training course content must be up-to-date with the latest laws and rules and must be provided in its entirety as certified by the board;

(e) The standards and requirements for the mandatory alcohol server training stipulated in WAC 314-17-060 are deemed sufficient for employee's initial training for the responsible vendor training; and

(f) The training course provided by the board is deemed sufficient for employee's initial and follow-up training for the responsible vendor training.

(5) How does a retailer maintain the certification?

(a) The licensee must maintain all program requirements at all times and have no more than three public safety violations within a two-year period.

(b) When a public safety violation occurs, licensee must submit an action plan to the board's licensing staff illustrating ways to prevent further violations within ten days from the date of violation.

(c) Update training materials and inform employees within thirty days from the board's notification regarding new legislation and/or regulations.

(d) Present the employee training records upon request by the board's staff.

(6) What must a licensee do when a second public safety violation occurs within a two-year period?

(a) The licensee must submit an action plan to prevent further violations to the board's licensing staff within ten calendar days of violation.

(b) The board may decertify the responsible vendor certification if the licensee fails to submit an action plan and/or demonstrate poor commitment to the program including having three or more public safety violations within a two-year period.

(7) How long does a licensee have to wait before rejoining the program? Once decertified from the program, licensee may reapply for the program after two years. Any public safety violation during this time may prohibit the licensee from joining the program.

(8) What are the sanctions when a licensee violates liquor laws or regulations? If a beer and wine retail licensee has a certified responsible vendor program having all program standards in place and has a public safety violation, the board will impose a deferral for a two-year period. If there are no further public safety violations within that two-year period, the violation is dismissed. If another violation occurs within that two-year period, the board will end the deferment and process both the first and the second violation based on the standard penalties described in WAC 314-29-020 through 314-29-040.

History

Statutory Authority: RCW 66.08.030. WSR 14-15-075, § 314-02-1081, filed 7/16/14, effective 8/16/14.

Wash. Admin. Code § 314-02-109 What are the quarterly reporting and payment requirements for a spirits retailer license?

(1) A spirits retailer must submit quarterly reports and payments to the board.

The required reports must be:

(a) On a form furnished by the board;

(b) Filed every quarter, including quarters with no activity or payment due;

(c) Submitted, with payment due, to the board on or before the twenty-fifth day following the tax quarter (e.g., Quarter 1 (Jan., Feb., Mar.) report is due April 25th). When the twenty-fifth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day; and

(d) Filed separately for each liquor license held.

(2) What if a spirits retailer licensee fails to report or pay, or reports or pays late? Failure of a spirits retailer licensee to submit its quarterly reports and payment to the board as required in subsection (1) of this section will be sufficient grounds for the board to suspend or revoke the liquor license.

Failure of a spirits retailer licensee to submit its quarterly reports and payment to the board for two consecutive quarters will be sufficient grounds for the board to revoke the liquor license.

A penalty of one percent per month will be assessed on any payments postmarked after the twenty-fifth day quarterly report is due. When the twenty-fifth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day.

Absent a postmark, the date received at the Washington state liquor and cannabis board, or designee, will be used to determine if penalties are to be assessed.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-109, filed 5/31/17, effective 7/1/17
WSR 16-01-102, § 314-02-109, filed 12/16/15, effective 1/16/16
WSR 14-12-101, § 314-02-109, filed 6/4/14, effective 7/5/14. Statutory Authority: RCW 66.24.630, 66.24.055, 66.24.145 and 66.08.030. WSR 13-07-085, § 314-02-109, filed 3/20/13, effective 4/20/13. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-02-109, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-02-110 What is a beer and/or wine gift delivery license?

(1) Per RCW 66.24.550, a beer and/or wine gift delivery license allows a business that is primarily engaged in the retail sale of gifts or flowers to deliver beer and/or wine in bottles or original packages. The beer or wine must be delivered in conjunction with the gifts or flowers.

(2) The annual fee for this license is $112.50.

(3) An applicant must meet the following requirements to obtain and maintain a beer and/or wine gift delivery license:

(a) The business must be primarily engaged in the retail sale of gifts or flowers. In order to determine that the business meets this qualification, the board may inspect an applicant's or licensee's inventory, sales figures, and business records.

(b) A beer and/or wine gift delivery licensee may not hold any other class of liquor license.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-02-110, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-110, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-112 Caterer's license.

(1) A caterer's license allows the licensee to sell spirits, beer, and wine by the individual serving for consumption on the premises at a catered event location.

(2) The catered event location must be owned, leased, or operated by:

(a) The holder of the caterer's license; or

(b) The sponsor of the event for which the catering services are being provided.

(3) The caterer licensee is responsible for all areas of a location where alcohol is sold, served, consumed, or stored.

(4) If the catered event is open and advertised to the public, the event must be sponsored by a nonprofit society or organization as defined in RCW 66.24.375, except as permitted in RCW 66.24.800 (3)(b), (effective until December 31, 2027).

(a) A registered nonprofit holding a public or civic event may invite a caterer to provide alcohol service at a location within the parameters of the event.

(b) If attendance at the catered event is limited to members or invited guests of the sponsoring individual, society, or organization, the requirement in subsection (2) of this section does not apply.

(5) A spirits, beer, and wine caterer licensee must have the ability to serve at least four complete meals. A commissary kitchen, licensed by the city and/or county health department, shall be maintained in a substantial manner as a place for preparing and cooking complete meals. The caterer licensee must maintain the kitchen equipment necessary to prepare the complete meals required under this section. The complete meals must be prepared at the licensed commissary kitchen premises. "Complete meal" is defined in WAC 314-02-010.

(6) A beer and wine caterer licensee must have the ability to provide minimum food service. A commissary kitchen shall be maintained in a substantial manner as a place for preparing and cooking minimum food service. The caterer licensee must maintain the kitchen equipment necessary to prepare minimum food service required under this section. The minimum food service must be prepared at the licensed commissary kitchen premises. "Minimum food service" is defined in WAC 314-02-010.

(7) Licensees holding a caterer's license may share a commissary kitchen under the following conditions:

(a) Each licensee has their own secure area for their own liquor stock. Liquor stock cannot be shared.

(b) If using a shared commissary kitchen, each applicant/licensee must provide a sketch of the commissary kitchen to licensing indicating the separate secured area for each licensee.

(8) The applicant must provide the liquor and cannabis board with a copy of their commissary kitchen license issued by the city or county health department.

(9)(a) The licensee is required to send a list of scheduled catered events to their regional enforcement office on the first of each month. The licensee must provide the following information:

(i) Date of the catered events;

(ii) Time of the catered events; and

(iii) Place and location of catered events.

(b) Any changes to the information provided to the board must be reported to the regional enforcement office 72 hours prior to the catered event.

(10) For events at a civic campus authorized under WAC 314-03-211 or events at fan zone authorized under WAC 314-03-212, participating caterers must attest to joint responsibility as submitted by the campus operator or the local authority.

(11) A caterer's license holder is not allowed to cater events at a liquor licensed premises, except as permitted in RCW 66.24.800 (3)(b), (effective until December 31, 2027).

(12) The holder of the caterer's license may store liquor on other premises operated by the licensee if the licensee owns or has a leasehold interest at the other premises. Documentation must be provided to the board showing the licensee owns or has a leasehold interest in the property.

(13) All employees that sell or serve alcohol must hold MAST permits.

(14) The annual fee for the caterer's license is as follows:

(a) The annual fee for beer is $300;

(b) The annual fee for wine is $300;

(d) The annual fee for a combined spirits, beer, and wine is $1,500.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-02-112, filed 1/7/26, effective 2/7/26. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-112, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-112, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.24.690. WSR 14-24-128, § 314-02-112, filed 12/3/14, effective 1/3/15.

Wash. Admin. Code § 314-02-114 Senior center license.

(1) A senior center license can only be issued to a nonprofit organization whose primary service is providing recreational and social activities for seniors on the licensed premises.

(2) The senior center license permits the sale of spirits by the individual glass, including mixed drinks and cocktails mixed on the premises only, beer and wine, at retail for consumption on the licensed premises.

(3) To qualify for the senior center license, the applicant must:

(a) Be a nonprofit organization under RCW 24.03.005;

(i) "Corporation" or "domestic corporation" means a corporation not for profit subject to the provisions of this chapter, except a foreign corporation.

(ii) "Foreign corporation" means a corporation not for profit organized under laws other than the laws of this state.

(iii) "Not for profit corporation" or "nonprofit corporation" means a corporation no part of the income of which is distributable to its members, directors or officers.

(b) Only serve alcohol between the hours of 6 a.m. and 2 a.m.; and

(4) Alcohol may be sold and served at the following types of events:

(a) Events hosted by the senior center; and

(b) Private events where the facility is rented by a private party for an event such as a wedding reception, family reunion, etc.

(5) If minors are allowed on the premises, floor plans must meet the requirements in WAC 314-02-025.

(6) All alcohol servers must have a valid mandatory alcohol server training permit.

(7) The annual fee for this license is $720.

History

Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-02-114, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.24.680. WSR 14-20-048, § 314-02-114, filed 9/24/14, effective 10/25/14.

Wash. Admin. Code § 314-02-115 Requirements for licensees that sell keg beer.

Consistent with RCW 66.28.200 and 66.28.210:

(1)(a) Any licensee, except for a domestic brewery or microbrewery selling beer of its own production as provided in subsection (3) of this section, who sells beer for off-premises consumption in kegs or other containers holding four or more gallons of beer must require the purchaser to provide at least one piece of identification (see WAC 314-11-025 for acceptable forms of identification); and

(b) The licensee or employee and purchaser must fill out a keg registration form, provided by the board, which contains:

(i) The name and address of the purchaser;

(ii) The type and number of the identification presented by the purchaser;

(iii) The address where the beer will be consumed and the date on which it will be consumed; and

(iv) A sworn statement, signed by the purchaser under penalty of perjury, that:

(A) The purchaser is at least twenty-one years of age;

(B) The purchaser will not allow persons under twenty-one years of age to consume the beer purchased;

(C) The purchaser will not remove or obliterate the keg registration form affixed to the keg or allow it to be removed or obliterated; and

(D) The address listed in (b)(iii) of this subsection is the true and correct address at which the beer will be consumed or physically located.

(2) It is the licensee's or employee's responsibility to distribute the properly completed keg registration form as follows:

(a) One copy to the purchaser;

(b) One copy affixed to the keg or container holding four gallons or more of beer, prior to it leaving the licensed premises; and

(c) One copy must be retained on the licensed premises for one year, available for inspection and copying by any law enforcement officer.

(3) Domestic breweries and microbreweries and their licensed retail locations are not subject to the keg registration and container identification requirements when selling kegs or other containers containing four gallons or more of beer of the licensee's own production, and purchasers of these kegs or containers are not subject to the related purchaser requirements, except that the purchaser must be at least twenty-one years of age and must not allow persons under twenty-one years of age to consume any beer purchased.

(4) Except in cases involving sales by domestic breweries and microbreweries of beer of the licensee's own production as described in subsection (3) of this section, possession of a keg or other container which holds four gallons or more of beer without a properly completed keg registration form affixed to it, other than on the licensee's premises, will be a violation of this title.

History

Statutory Authority: RCW 66.08.030, 66.24.240, 66.24.244, 66.28.200, 66.28.210, and 66.28.220. WSR 21-03-095, § 314-02-115, filed 1/20/21, effective 2/20/21. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-115, filed 3/15/00, effective 4/15/00.

Wash. Admin. Code § 314-02-120 How do licensees get keg registration forms?

(1) The board will provide keg registration forms free of charge to licensees who hold (a) a beer and/or wine restaurant license in combination with an off-premises beer and/or wine endorsement; (b) a tavern license in combination with an off-premises beer and/or wine endorsement; or (c) a beer and/or wine specialty shop license with a keg endorsement.

(2) Licensees who hold a grocery store license with a keg endorsement, or a spirits, beer, and wine restaurant license with a keg endorsement, must purchase the keg registration forms. Keg registration books can be ordered online at the liquor and cannabis board website or from the enforcement customer service line for four dollars per book of twenty-five forms.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-02-120, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.363. WSR 11-01-133, § 314-02-120, filed 12/21/10, effective 1/21/11. Statutory Authority: RCW 66.08.030. WSR 09-02-012, § 314-02-120, filed 12/29/08, effective 1/29/09. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-07-091, § 314-02-120, filed 3/15/00, effective 4/15/00.

Chapter 314-03 Allowed activities.

Wash. Admin. Code § 314-03-020 Consumer orders, internet sales, and delivery for grocery stores and beer and wine specialty shops.

A grocery store or beer and wine specialty shop licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.

(1) Resale. Liquor shall not be for resale.

(2) Stock location. Liquor must come directly from a licensed retail location.

(3) How to place an order. Liquor may be ordered in person at a licensed location, by mail, telephone or internet, or by other similar methods.

(4) Sales and payment.

(a) Only a licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a licensee, except for transmittal of payment through a third-party service. The use of internet or mobile applications for retail customers to purchase alcohol in Washington state are allowed under the following conditions:

(i) The sale must be made by the licensee;

(ii) The licensee processes payment for the sale; and

(iii) The liquor licensee pays the owner of the mobile application a service fee.

(b) All orders and payments shall be fully processed before liquor transfers ownership or, in the case of delivery, leaves a licensed premises.

(c) Payment method. Payment methods include, but are not limited to: Cash, credit or debit card, check or money order, electronic funds transfer, or an existing prepaid account. An existing prepaid account may not have a negative balance.

(d) Internet. To sell liquor via the internet, a new license applicant must request internet-sales privileges in their application. An existing licensee must notify the board prior to beginning internet sales. A corporate entity representing multiple stores may notify the board in a single letter on behalf of affiliated licensees, as long as the liquor license numbers of all licensee locations utilizing internet sales privileges are clearly identified.

(5) Delivery location. Delivery shall be made only to a residence or business that has an address recognized by the United States postal service; however, the board may grant an exception to this rule at its discretion. A residence includes a hotel room, a motel room, or other similar lodging that temporarily serves as a residence.

(6) Hours of delivery. Liquor may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.

(7) Age requirement.

(a) Per chapter 66.44 RCW, any person under 21 years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.

(b) A delivery person must verify the age of the person accepting delivery before handing over liquor.

(c) If no person 21 years of age or older is present to accept a liquor order at the time of delivery, the liquor shall be returned to the licensee.

(8) Intoxication. Delivery of liquor is prohibited to any person who shows signs of intoxication.

(9) Containers and packaging.

(a) Individual units of liquor must be factory sealed in bottles, cans or other like packaging. Delivery of growlers, jugs or other similar, nonfactory-sealed containers is prohibited. Delivery of malt liquor in kegs or other containers capable of holding four gallons or more of liquid is allowed, provided that kegs or containers are factory sealed and that the keg sales requirements (see WAC 314-02-115) are met prior to delivery. For the purposes of this subsection, "factory sealed" means that a unit is in 100 percent resalable condition, with all manufacturer's seals intact.

(b) The outermost surface of a liquor package, delivered by a third party, must have language stating that:

(i) The package contains liquor;

(ii) The recipient must be 21 years of age or older; and

(iii) Delivery to intoxicated persons is prohibited.

(10) Required information.

(a) Records and files shall be retained at a licensed premises. Each delivery sales record shall include the following:

(i) Name of the purchaser;

(ii) Name of the person who accepts delivery;

(iii) Street addresses of the purchaser and the delivery location; and

(iv) Times and dates of purchase and delivery.

(b) A private carrier must obtain the signature of the person who receives liquor upon delivery.

(11) Website requirements. When selling over the internet, all website pages associated with the sale of liquor must display a licensee's registered trade name.

(12) Accountability. A licensee shall be accountable for all deliveries of liquor made on its behalf.

(13) Violations. The board may impose administrative enforcement action upon a licensee, or suspend or revoke a licensee's delivery privileges, or any combination thereof, should a licensee violate any condition, requirement or restriction.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-03-020, filed 11/6/24, effective 12/7/24
WSR 17-17-030, § 314-03-020, filed 8/9/17, effective 9/9/17
WSR 10-04-018, § 314-03-020, filed 1/25/10, effective 2/25/10.

Wash. Admin. Code § 314-03-030 Consumer orders, internet sales, and delivery for spirits retail licensees.

A spirit retail licensee may accept orders for spirits from, and deliver spirits to, customers.

(1) Resale. Spirits shall not be for resale.

(2) Stock location. Spirits must come directly from a licensed retail location.

(3) How to place an order. Spirits may be ordered in person at a licensed location, by mail, telephone, or internet, or by other similar methods.

(4) Sales and payment.

(a) Only a spirits retail licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a spirits retail licensee, except for transmittal of payment through a third-party service. The use of internet or mobile applications for retail customers to purchase alcohol in Washington state are allowed under the following conditions:

(i) The sale must be made by the licensee;

(ii) The licensee processes the payment for the sale; and

(iii) The liquor licensee pays the owner of the mobile application a service fee.

(b) All orders and payments shall be fully processed before spirits transfers ownership or, in the case of delivery, leaves a licensed premises.

(d) Internet. To sell spirits via the internet, a new spirits retail license applicant must request internet-sales privileges in their application. An existing spirits retail licensee must notify the board prior to beginning internet sales. A corporate entity representing multiple stores may notify the board in a single letter on behalf of affiliated spirits retail licensees, as long as the liquor license numbers of all licensee locations utilizing internet sales privileges are clearly identified.

(6) Hours of delivery. Spirits may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.

(7) Age requirement.

(a) Under chapter 66.44 RCW, any person under 21 years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.

(b) A delivery person must verify the age of the person accepting delivery before handing over liquor.

(c) If no person 21 years of age or older is present to accept a liquor order at the time of delivery, the liquor shall be returned to the licensee.

(8) Intoxication. Delivery of liquor is prohibited to any person who shows signs of intoxication.

(9) Containers and packaging.

(a) Individual units of spirits must be factory sealed in bottles. For the purposes of this subsection, "factory sealed" means that a unit is in 100 percent resalable condition, with all manufacturer's seals intact.

(b) The outermost surface of a liquor package, delivered by a third party, must have language stating that:

(i) The package contains liquor;

(ii) The recipient must be 21 years of age or older; and

(iii) Delivery to intoxicated persons is prohibited.

(10) Required information.

(a) Records and files shall be retained at the licensed premises. Each delivery sales record shall include the following:

(i) Name of the purchaser;

(ii) Name of the person who accepts delivery;

(iii) Street addresses of the purchaser and the delivery location; and

(iv) Time and date of purchase and delivery.

(b) A private carrier must obtain the signature of the person who receives liquor upon delivery.

(11) Website requirements. When selling over the internet, all website pages associated with the sale of liquor must display the spirits retail licensee's registered trade name.

(12) Accountability. A spirits retail licensee shall be accountable for all deliveries of liquor made on its behalf.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-03-030, filed 11/6/24, effective 12/7/24
WSR 17-17-030, § 314-03-030, filed 8/9/17, effective 9/9/17
WSR 12-23-003, § 314-03-030, filed 11/7/12, effective 12/8/12.

Wash. Admin. Code § 314-03-035 Consumer orders, internet sales, and delivery for on-premises beer and/or wine liquor licensees.

An on-premises beer and/or wine licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.

(1) Resale. Beer and wine shall not be for resale.

(2) Stock location. Beer and wine must come directly from a licensed on-premises retail location.

(3) How to place an order. Beer and wine may be ordered in person at a licensed location, by mail, telephone, internet, or by other similar methods.

(4) Sales and payment.

(i) The sale must be made by the licensee;

(ii) The licensee processes the payment; and

(iii) The liquor licensee pays the owner of the mobile application a service fee.

(b) All orders and payments shall be fully processed before liquor transfers ownership.

(d) Internet. To sell beer and wine via the internet, a new license applicant must request internet-sales privileges in their application. An existing licensee must notify the board prior to beginning internet sales. A corporate entity representing multiple stores may notify the board in a single letter on behalf of affiliated licensees, as long as the liquor license numbers of all licensee locations utilizing internet sales privileges are clearly identified.

(5) Delivery location. Delivery shall be made only to a residence or business that has an address recognized by the United States Postal Service; however, the board may grant an exception to this rule at its discretion. A residence includes a hotel room, a motel room, or other similar lodging that temporarily serves as a residence.

(6) Hours of delivery. Beer and wine may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.

(7) Age requirement.

(a) Per chapter 66.44 RCW, any person under 21 years of age is prohibited from purchasing, delivering, or accepting delivery of beer and wine.

(b) A delivery person must verify the age of the person accepting delivery before handing over beer and wine.

(c) If no person 21 years of age or older is present to accept a beer and wine order at the time of delivery, the beer and wine shall be returned to the licensee.

(8) Intoxication. Delivery of beer and wine is prohibited to any person who shows signs of intoxication.

(9) Containers and packaging.

(a) Individual units of beer and wine must be factory sealed in bottles, cans, or other like packaging. Delivery of growlers, jugs or other similar, nonfactory sealed containers is prohibited. Delivery of malt liquor in kegs or other containers capable of holding four gallons or more of liquid is allowed, provided that kegs or containers are factory sealed and that the keg sales requirements (see WAC 314-02-115) are met prior to delivery. For the purposes of this subsection, "factory sealed" means that a unit is in 100 percent resalable condition, with all manufacturer's seals intact.

(b) The outermost surface of a beer and wine package must have language stating that:

(i) The package contains liquor;

(ii) The recipient must be 21 years of age or older; and

(iii) Delivery to intoxicated persons is prohibited.

(10) Required information.

(a) Records and files shall be retained at a licensed premises. Each delivery sales record shall include the following:

(i) Name of the purchaser;

(ii) Name of the person who accepts delivery;

(iii) Street addresses of the purchaser and the delivery location; and

(iv) Times and dates of purchase and delivery.

(b) An employee delivering beer or wine must obtain the signature of the person who receives beer and wine upon delivery.

(11) Website requirements. When selling over the internet, all website pages associated with the sale of beer and wine must display a licensee's registered trade name.

(12) Accountability. A licensee shall be accountable for all deliveries of beer and wine made by employees.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-03-035, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-03-035, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-03-035, filed 1/31/24, effective 3/2/24. Statutory Authority: RCW 66.08.030. WSR 17-17-030, § 314-03-035, filed 8/9/17, effective 9/9/17
WSR 15-21-097, § 314-03-035, filed 10/21/15, effective 11/21/15.

Wash. Admin. Code § 314-03-040 Consumer orders, internet sales, and delivery for beer and/or wine gift delivery licenses.

A beer and/or wine gift delivery licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.

(1) Resale. Liquor shall not be for resale.

(2) Stock location. Liquor must come directly from a licensed retail location.

(3) How to place an order. Liquor may be ordered in person at a licensed location, by mail, telephone or internet, or by other similar methods.

(4) Sales and payment.

(i) The sale must be made by the licensee;

(ii) The licensee processes the payment; and

(iii) The liquor licensee pays the owner of the mobile application a service fee.

(b) All orders and payments shall be fully processed before liquor transfers ownership or, in the case of delivery, leaves a licensed premises.

(6) Hours of delivery. Liquor may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.

(7) Age requirement.

(a) Per chapter 66.44 RCW, any person under 21 years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.

(b) A delivery person must verify the age of the person accepting delivery before handing over liquor.

(c) If no person 21 years of age or older is present to accept a liquor order at the time of delivery, the liquor shall be returned to the licensee.

(8) Intoxication. Delivery of liquor is prohibited to any person who shows signs of intoxication.

(9) Containers and packaging.

(a) Individual units of liquor must be factory sealed in bottles, cans or other like packaging. Delivery of growlers, jugs or other similar, nonfactory sealed containers is prohibited. For the purposes of this subsection, "factory sealed" means that a unit is in 100 percent resalable condition, with all manufacturer's seals intact.

(b) The outermost surface of a liquor package, delivered by a third party, must have language stating that:

(i) The package contains liquor;

(ii) The recipient must be 21 years of age or older; and

(iii) Delivery to intoxicated persons is prohibited.

(10) Required information.

(a) Records and files shall be retained at the licensed premises. Each delivery sales record shall include the following:

(i) Name of the purchaser;

(ii) Name of the person who accepts delivery;

(iii) Street addresses of the purchaser and the delivery location; and

(iv) Time and date of purchase and delivery.

(b) A private carrier must obtain the signature of the person who receives liquor upon delivery.

(11) Website requirements. When selling over the internet, all website pages associated with the sale of liquor must display a licensee's registered trade name.

(12) Accountability. A licensee shall be accountable for all deliveries of liquor made on its behalf.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-03-040, filed 11/6/24, effective 12/7/24
WSR 17-17-030, § 314-03-040, filed 8/9/17, effective 9/9/17. Statutory Authority: RCW 66.24.550. WSR 16-07-025, § 314-03-040, filed 3/9/16, effective 4/9/16.

Wash. Admin. Code § 314-03-050 Limited patron participation entertainment at a spirits, beer, and wine restaurant or a beer and/or wine restaurant.

(1) A spirits, beer, and wine restaurant or a beer and/or wine restaurant may provide entertainment with limited physical participation by patrons in the dedicated dining area of their licensed premises. Examples of this form of permitted entertainment include text messaging to movie screens, watching movies, nonpatron skits, and comedy acts. Such limited patron participation is permitted under the following conditions:

The dedicated dining area meets the following criteria:

(a) Wait staff provides table service to patrons which includes interaction; and

(b) Lighting requirements outlined in WAC 314-11-085.

(2) Licensees must submit a request to the board's licensing and regulation division to provide limited patron participation entertainment in the dedicated dining area of their premises.

(a) The licensee may begin the activity as soon as the approval is received.

(b) Board approval will be based on the request meeting the requirements outlined in this section.

(3) Minors are allowed after 11:00 p.m. in the dining area of a premises that has received approval as referenced in this section.

History

Statutory Authority: RCW 66.08.030. WSR 12-16-032, § 314-03-050, filed 7/25/12, effective 8/25/12.

Wash. Admin. Code § 314-03-060 Axe throwing at liquor licensed premises.

(1) Axe throwing combined with alcohol consumption is considered a high-risk activity. Licensees should follow industry best practices for safe axe throwing participation. A liquor licensee must receive approval from the board's licensing division prior to providing axe throwing activities at liquor licensed premises.

(2) The liquor licensee or liquor license applicant must submit a safety operating plan addressing how the licensee will mitigate safety concerns associated with axe throwing at the liquor licensed premises. The safety operating plan must include the following:

(a) Protocols for monitoring alcohol consumption and ensuring patrons are not intoxicated prior to axe throwing, including:

(i) Designated MAST-certified staff in the axe throwing

area at all times to monitor alcohol consumption;

(ii) Prohibiting patrons who appear intoxicated from axe

throwing;

(iii) Deescalating patrons who appear intoxicated and are uncooperative or hostile; and

(iv) Training employees on the protocols included in the

safety operating plan; and

(b) A floor plan for the premises. The floor plan must include the following:

(i) The designated consumption areas where alcohol may be sold, served, or consumed on-premises; and

(ii) The axe throwing areas. The axe throwing areas must be separate from the designated consumption areas. Alcohol is not allowed in the axe throwing areas. The axe throwing areas must have barriers to separate the axe throwing activity from the designated consumption areas. Barriers must prevent axes from traveling out of the axe throwing areas, including behind the throwers. "Barriers" means walls, fences, cages, or similar physical obstructions.

(3) Changes to a licensee's safety operating plan must be submitted to the board's licensing division for approval. The safety operating plan must remain in effect until the licensee's change request is approved by the board's licensing division or the board determines changes are necessary due to safety concerns.

(4) Failure to adhere to the licensee's approved safety operating plan is subject to the penalty structure outlined in WAC 314-29-030, violations of a board approved operating plan.

History

Statutory Authority: RCW 66.08.030. WSR 22-13-054, § 314-03-060, filed 6/8/22, effective 7/9/22.

Wash. Admin. Code § 314-03-100 Activities on a licensed premises requiring notice to the board.

Liquor licensees must notify their local enforcement office in writing at least five days prior to conducting the following activities unless the licensee has received an exception from their enforcement officer:

(1) Live boxing or wrestling;

(2) Contests or games where patrons are part of the entertainment;

(3) Hours of operation in between 2:00 a.m. and 6:00 a.m. for licensees that sell liquor for on-premises consumption;

(4) Closing the business to the general public for a private party; and

(5) Outside service for one-time events such as a holiday celebration where liquor service and consumption is planned to extend to an area of the premises that does not have board approval for liquor service. The licensee must have leasehold rights to the area where alcohol service and consumption is planned.

History

Statutory Authority: RCW 66.08.030 and 2024 c 250 § 4 and 5. WSR 24-13-096, § 314-03-100, filed 6/18/24, effective 7/19/24. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-03-100, filed 5/31/17, effective 7/1/17.

Wash. Admin. Code § 314-03-200 Outside or extended alcohol service.

(1) A licensee must request approval from the board's licensing division for ongoing outside alcohol service or extended indoor alcohol service. Any language in this rule referring to outdoor alcohol service applies also to extended indoor alcohol service.

(2) Outdoor alcohol services in privately owned spaces. For outdoor alcohol service located in privately owned spaces, a licensee must meet the following requirements:

(a) The licensee must have legal authority to use the outdoor alcohol service area including, but not limited to, ownership or leasehold rights;

(b) The licensee must have a building that provides indoor dining or production in order to qualify for an outdoor alcohol service area;

(c) The outdoor alcohol service area must be contiguous to the licensed business or located on the same property or parcel of land as the licensed business;

(d) The outdoor alcohol service area must have an attendant, wait staff, or server dedicated to the area when patrons are present;

(e)(i) Interior access to the licensed premises from the outdoor alcohol service area is not required. However, unless there is (A) interior access to the licensed premises from the outdoor alcohol service area, or (B) an unobstructed direct line of sight from inside the licensed premises to the outdoor alcohol service area, an employee with a mandatory alcohol server training (MAST) permit under chapter 314-17 WAC must be in the outdoor alcohol service area at all times that patrons are present, in order to monitor alcohol consumption. This requirement is in addition to the requirement in (d) of this subsection that the outdoor alcohol service area must have an attendant, wait staff, or server dedicated to the area when patrons are present;

(ii) If the interior access is from an area classified by the board as off limits to any person under the age of 21, people under the age of 21 are prohibited in the outside or extended alcohol service area;

(f) If there are food service requirements for the licensee, then the required food service must be available in any outdoor or extended alcohol service area;

(g) The outdoor alcohol service area must be enclosed with a permanent or movable barrier a minimum of 42 inches in height. However, the board may grant limited exceptions to the required 42 inch high barrier for outdoor alcohol service areas if the licensee has permanent boundaries for the outdoor alcohol service area, but may not grant limited exceptions to beer gardens, standing room only venues, or permitted special events;

(h) Openings into and out of the outdoor alcohol service area cannot exceed 10 feet. If there is more than one opening along one side, the total combined opening may not exceed 10 feet; and

(i) Licensees must comply with local building codes, local health jurisdiction requirements, department of labor and industries requirements, and any other applicable laws and rules.

(3) Outdoor alcohol services in public spaces. For outdoor alcohol service located in public spaces, a licensee must request approval from the board's licensing division and meet the following requirements:

(a) The licensed business must have a permit from their local jurisdiction allowing the business to use the public space as a service area, such as a sidewalk cafe permit or other similar outdoor area permit authorized by local regulation;

(b) The licensee must have a building that provides indoor dining or production in order to qualify for an outdoor alcohol service area;

(c)(i) Except as provided in (c)(ii) of this subsection, the outdoor alcohol service area must be enclosed with a permanent or movable barrier a minimum of 42 inches in height.

(ii) Licensees with outdoor alcohol service areas contiguous to the licensed premises may use a permanent fence-free demarcation of the designated alcohol service area for continued enforcement of the boundaries, instead of a permanent or movable barrier a minimum of 42 inches in height. The permanent fence-free demarcation used must be:

(A) At all boundaries of the outdoor alcohol service area;

(B) At least six inches in diameter; and

(iii) The exception identified in (c)(ii) of this subsection does not apply to beer gardens, standing room only venues, and permitted special events, all of which must always have a permanent or movable barrier a minimum of 42 inches in height;

(d) Openings into and out of the outdoor alcohol service area cannot exceed 10 feet. If there is more than one opening along one side, the total combined opening may not exceed 10 feet;

(e) The outdoor alcohol service area must have an attendant, wait staff, or server dedicated to the area when patrons are present;

(f) If there are food service requirements for the licensee, then the required food service must be available in any outdoor or extended alcohol service area; and

(g) Licensees must comply with local building codes, local health jurisdiction requirements, department of labor and industries requirements, and any other applicable laws and rules.

(4) For multiple licensees to share an outdoor alcohol service area, the licensees must request approval from the board's licensing division and meet the following requirements:

(a) The licensees' property parcels or buildings must be located in direct physical proximity to one another. For the purposes of this subsection, "direct physical proximity" means that the property parcels or buildings are physically connected or touching each other along a boundary or at a point;

(b)(i) If the shared outdoor alcohol service area is located on public space, the licensees sharing the space must meet all of the requirements in subsection (3) of this section and shared use of the outdoor service area must be authorized by the licensees' local jurisdiction permits; or

(ii) If the shared outdoor alcohol service area is located in a privately owned space, the licensees sharing the space must meet all of the requirements in subsection (2) of this section and must have legal authority to share use of the outdoor service area including, but not limited to, ownership or leasehold rights;

(c) The licensees must maintain separate storage of products and separate financial records for the shared outdoor alcohol service area. If licensees share any point of sale system, the licensees must keep complete documentation and records for the shared point of sale system showing clear separation as to what sales items and categories belong to each respective licensee;

(d) The licensees must use distinctly marked glassware or serving containers in the shared outdoor alcohol service area to identify the source of any alcohol product being consumed. The distinctive markings may be either permanent or temporary. Any temporary markings must remain on the glassware or serving containers through the duration of use by the customer;

(e) The licensees must complete an operating plan for the shared outdoor alcohol service area. The operating plan should demonstrate in general how responsibility for the outdoor alcohol service area is shared among the licensees. Licensees are required to submit the operating plan to the board's licensing division at the time of application or alteration and must keep documentation of an up-to-date plan available for inspection on premises; and

(f) Consistent with WAC 314-11-065, a licensee may not permit the removal of alcohol in an open container from the shared outdoor alcohol service area, except to reenter the licensed premises where the alcohol was purchased. Signage prohibiting the removal of alcohol in an open container must be visible to patrons in the shared outdoor alcohol service area.

(5) If multiple licensees use a shared outdoor alcohol service area as described in subsection (4) of this section, all participating licensees are jointly responsible for any violation or enforcement issues unless it can be demonstrated that the violation or enforcement issue was due to one or more licensee's specific conduct or action, in which case the violation or enforcement action applies only to those identified licensees.

(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Alcohol service" means service of liquor as defined in RCW 66.04.010.

(b) "Contiguous" means touching along a boundary or at a point.

(c) "Sidewalk cafe" means a designated seating area on the sidewalk, curb space, or other public space where a business provides table service and seating for their patrons during business hours.

(7) This rule does not apply to outdoor or expanded alcohol service authorized by RCW 66.24.800 (effective until December 31, 2027).

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-200, filed 1/7/26, effective 2/7/26. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-03-200, filed 1/31/24, effective 3/2/24. Statutory Authority: 2023 c 279, RCW 66.08.071, and 66.08.030. WSR 23-14-119, § 314-03-200, filed 7/5/23, effective 7/5/23. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-03-200, filed 12/8/21, effective 1/8/22. Statutory Authority: RCW 66.08.030 and 66.44.310. WSR 20-03-180, § 314-03-200, filed 1/22/20, effective 2/22/20. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-03-200, filed 5/31/17, effective 7/1/17.

Wash. Admin. Code § 314-03-210 Expanded outdoor alcohol service authorization.

(1) Definitions:

(a) "Alcohol service area" means an area in which liquor may be sold, served, and consumed as authorized under Title 66 RCW and rules of the board.

(b) "Licensee" means one or more of the following, as licensed under Titles 66 RCW and 314 WAC:

(i) Beer and wine restaurant;

(ii) Spirits, beer, and wine restaurant;

(iii) Tavern;

(iv) Domestic winery;

(v) Domestic brewery;

(vi) Microbrewery;

(vii) Distillery; or

(viii) Snack bar.

(2) The expanded outdoor alcohol service authorization described in this rule allows licensees within a local jurisdiction to share an expanded outdoor alcohol service area with other licensees subject to the requirements of this rule.

(a) This rule does not apply to outdoor or expanded alcohol service as described in WAC 314-03-200.

(b) Licensees may share use of an expanded outdoor alcohol service area with businesses that do not engage in the sale or service of alcohol, subject to the requirements in WAC 314-03-215.

(c) Licensees participating in expanded outdoor alcohol service must notify the board. Licensees participating may designate a primary licensee to provide notification of participation to the board.

(d) All participating licensees are jointly responsible for any violation or enforcement issues unless it can be demonstrated that the violation or enforcement issues was due to one or more licensee's specific conduct or action, in which case the violation or enforcement applies only to those identified licensees.

(3)(a) The authorization described in this rule may include the entire local jurisdiction, or a specific area or areas of the local jurisdiction.

(b) A county can only be approved for the authorization in this rule as to unincorporated areas of the county.

(4) A local jurisdiction that requests approval from the board for an expanded outdoor alcohol service authorization, as described in this rule, shall submit documentation of the following with its request:

(a) How local resources will be allocated regarding the expanded outdoor alcohol service area, including law enforcement patrols, to ensure safe operations of activities, the safety of the community, consistent with RCW 66.24.800 (1)(d)(i), and compliance with WAC 314-11-015;

(b) How services will be allocated or provided to keep the expanded outdoor alcohol service area clean and free of litter or other remnants of the use of public space for expanded outdoor alcohol service, consistent with RCW 66.24.800 (1)(d)(ii); and

(c) Identifying maximum distance apart for openings into and out of the expanded outdoor alcohol service area. If a local jurisdiction does not specify maximum distances in their application, then openings cannot exceed 10 feet wide.

(5) Local jurisdiction is responsible for updating the board on changes to their authorized area or areas designated for the expanded service.

(6)(a) All expanded outdoor alcohol service areas must be enclosed by one of the following:

(i) A permanent or movable barrier, at a minimum height determined by the local jurisdiction (naturally sloped conditions approximating a barrier of the minimum height determined by the local jurisdiction or greater will satisfy this requirement). If a local jurisdiction does not specify a minimum height in their application, then a minimum barrier height of 42 inches applies; or

(ii) Permanent fence-free demarcation.

(b) Licensees must notify the board which boundary options identified in (a) of this subsection will be used.

(i) At least six inches in diameter;

(ii) Placed no more than 10 feet apart; and

(iii) Visible at night.

(7) An employee of the licensee with a mandatory alcohol server training (MAST) permit under chapter 314-17 WAC must always be assigned to the expanded outdoor alcohol service area when patrons are present in order to monitor alcohol consumption, but is not required to be inside the alcohol service area at all times that patrons are present. Neither the inability of a licensee to adequately see an alcohol service area nor the failure of a licensee to adequately monitor an alcohol service area will be considered acceptable grounds for the mitigation of an administrative violation notice issued for any violation of the requirements in this section or other applicable sections of Title 314 WAC.

(8) A local jurisdiction approved for an expanded outdoor alcohol service authorization consistent with this rule must submit the results of a public engagement review consistent with WAC 314-03-214.

(9) The fee for a local jurisdiction to request the expanded outdoor alcohol service area shall be $1,700 per application.

(10) The authorization described in this rule is effective until December 31, 2027.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-210, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-211 Civic campus authorization.

(1) Definitions:

(a) "Alcohol service area" means an area in which liquor may be sold, served, and consumed as authorized under Title 66 RCW and rules of the board.

(b) "Campus operator" means the person who has primary responsibility for making managerial or executive decisions relating to operations and activities at a publicly owned civic campus or the person's designee.

(i) Beer and wine restaurant;

(ii) Spirits, beer, and wine restaurant;

(iii) Tavern;

(iv) Domestic winery;

(v) Domestic brewery;

(vi) Microbrewery;

(vii) Distillery;

(viii) Snack bar;

(ix) Special occasion licensees under RCW 66.24.380; or

(x) Caterer licensed under RCW 66.24.690. A caterer license may be issued to an applicant for this event if the sponsor of the event for which the catering services are being provided is not a society or organization as defined in RCW 66.24.375, if license and regulatory requirements are otherwise met.

(d) "Publicly owned civic campus" or "civic campus" means the buildings, facilities, grounds, lands, and spaces owned by a city and designated as a city center, and used for civic, arts, cultural, sports, and other community and family events and activities, being not more than 100 acres in size on July 27, 2025.

(2) The civic campus authorization described in this rule allows a city with a population of more than 220,000 to obtain approval from the board to expand alcohol service during events on a publicly owned civic campus in the city, subject to the requirements in this rule.

(a) A city may be authorized for no more than 25 events per year.

(b) Seven of these 25 events may be multiday events. A multiday event cannot exceed 14 consecutive days.

(3) Multiple licensees located on a civic campus in a city that has been approved for the civic campus authorization may share an alcohol service area encompassing the entire civic campus, or part of the civic campus, subject to the following requirements:

(a) The board approves of the perimeter enclosing the alcohol service area;

(b) Security and physical barriers are provided at all entry points to the event;

(d) Signage is conspicuously posted during the event notifying the public that the area is in use as an expanded alcohol service area and public notice of the upcoming use of the area as an expanded alcohol service area was conspicuously posted at least seven days in advance; and

(e) All participating licensees submit a joint operating plan to the board for approval, consistent with the requirements in WAC 314-03-213.

(f) If businesses that do not engage in the sale or service of alcohol are located within the perimeter of the approved alcohol service area, licensees must also follow all requirements in WAC 314-03-215.

(4) Multiple licensees located on a civic campus in a city that has been approved for the civic campus authorization may share an indoor alcohol service area at certain times authorized by the campus operator, subject to the following requirements:

(a) The campus operator notifies the board at least 60 days before the date licensees intend to begin operating the shared indoor alcohol service area;

(b) The campus operator ensures security and physical barriers are provided at all entry points to the indoor alcohol service area; and

(c) The licensees submit a joint operating plan to the board for approval, consistent with the requirements in WAC 314-03-213.

(5)(a) All participating licensees sharing an alcohol service area under subsection (3) or (4) of this section are jointly responsible for any violation or enforcement issues unless it can be demonstrated that the violation or enforcement issue was due to one or more licensee's specific conduct or action, in which case the violation or enforcement applies only to those identified licensees.

(b) Participating licensees will be required to confirm their participation by attesting to joint responsibility.

(6) While a licensee is operating under the civic campus authorization identified in this rule, they may engage in the following:

(a) Operate without a permit from their local jurisdiction that may otherwise be required to allow the business to use the public space as an alcohol service area;

(b) Share an alcohol service area with another licensee:

(i) Without individually requesting approval from the board; and

(ii) Regardless of whether the licensees' property parcels or buildings are in direct physical proximity to one another; and

(c) Sell and serve alcohol to customers from an alcohol service area without offering food service menu options, except that any required food service must still be provided within the licensed premises, and in any preexisting alcohol service area operated by the licensee under Title 314 WAC that does not rely on RCW 66.24.800, if the preexisting alcohol service areas remains in place during an event.

(7)(a) At the board's discretion, failure to provide the board notice as required in subsection (3)(c) of this section or failure to post signage as required in subsection (3)(d) of this section may be cause for denial of approval of events conducted under this rule.

(b) At the board's discretion, failure to post signage as required in subsection (3)(d) of this section can be cause for denial of license of the participating licensees or denial of participation in future events under this rule.

(8) A city approved for a civic campus authorization consistent with this rule must submit a report to the legislature and the board by January 1, 2027, consistent with RCW 66.24.810.

(9) The fee for a qualifying city to request the civic campus authorization described in this rule is $1,500 per application.

(10) The authorization described in this rule is effective until December 31, 2027.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-211, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-212 Fan zone authorization.

(1) Definitions:

(a) "Alcohol service area" means an area in which liquor may be sold, served, and consumed as authorized under Title 66 RCW and rules of the board.

(b) "Fan zone" means a city, town, county, or port authority that has been designated as a fan zone or host city from an international self-regulatory governing body of a sports association, or a nonprofit organization authorized by such an entity.

(i) Beer and wine restaurant;

(ii) Spirits, beer, and wine restaurant;

(iii) Tavern;

(iv) Domestic winery;

(v) Domestic brewery;

(vi) Microbrewery;

(vii) Distillery;

(viii) Snack bar;

(ix) Special occasion licensees under RCW 66.24.380; or

(2)(a) The fan zone authorization described in this section allows a fan zone to obtain approval from the board for expanded outdoor and indoor alcohol service for liquor licensees within an area or areas of the jurisdiction.

(b) The fan zone authorization may be used to allow expanded alcohol sales and service only during a single multiday event in each fan zone in either the month of June or July 2026.

(3) Multiple licensees located within an area of a fan zone approved under this rule for expanded alcohol service may share an alcohol service area encompassing the entire approved area or areas, during the event, subject to the following requirements:

(a) The board approves of the perimeter enclosing the alcohol service area;

(b) Security and physical barriers are provided at all entry points to the event;

(c) The applicable fan zone, through a designated official or primary licensee, notifies the board at least 60 days before the event begins;

(d) Signage is conspicuously posted during the event notifying the public that the area is in use as an expanded alcohol service area and public notice of the upcoming use of the areas as an expanded alcohol service area was conspicuously posted at least seven days in advance; and

(e) All participating licensees submit a joint operating plan to the board for approval, consistent with the requirements in WAC 314-03-213. A designated contact or primary licensee may submit the joint operating plan and site map clearly identifying alcohol service areas on behalf of all participating licensees.

(4)(a) Licensees may share use of an expanded alcohol service area under this rule with businesses that do not engage in the sale or service of alcohol, subject to the requirements in WAC 314-03-215.

(b) All participating licensees are jointly responsible for any violation or enforcement issues unless it can be demonstrated that the violation or enforcement issues were due to one or more licensee's specific conduct or action, in which case the violation or enforcement applies only to those identified licensees.

(5) While a licensee is operating under the fan zone authorization identified in this rule, they may engage in the following:

(a) Operate without a permit from their local jurisdiction that may otherwise be required to allow the business to use the public space as an alcohol service area;

(b) Share an alcohol service area with another licensee:

(i) Without individually requesting approval from the board; and

(ii) Regardless of whether the licensees' property parcels or buildings are in direct physical proximity to one another; and

(6) A fan zone approved for a fan zone authorization consistent with this rule must submit the results of a public engagement review consistent with WAC 314-03-214.

(7) The fee for a local jurisdiction to request approval for a fan zone authorization is $3,900 per authorization.

(8) The authorization described in this rule is effective until August 1, 2026.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-212, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-213 Joint operating plan.

(1) Definition:

"Alcohol service area" means an area in which liquor may be sold, served, and consumed as authorized under Title 66 RCW and rules of the board.

(2)(a) Consistent with WAC 314-03-211, civic campus authorization, a joint operating plan must be submitted to the board by all participating licensees. The joint operating plan must contain all the elements required in this rule. A campus operator, designated contact, or primary licensee may submit the joint operating plan and site map clearly identifying alcohol service areas on the behalf of all participating licensees.

(b) Consistent with WAC 314-03-212, fan zone authorization, a joint operating plan must be submitted to the board by all participating licensees. The joint operating plan must contain all the elements required in this rule. A designated contact or primary licensee may submit the joint operating plan and site map clearly identifying alcohol service areas on the behalf of all participating licensees.

(3) The joint operating plan must be submitted in the following format:

(a) Electronically; and

(b) At least 60 days in advance of the event.

(4) Consistent with RCW 66.24.800 (2)(b)(v), the joint operating plan must contain the following:

(a) How the licensees will prevent the sale and service of alcohol to persons under 21 years of age;

(b) How the licensees will prevent the sale and service of alcohol to persons who appear to be intoxicated;

(d) The ratio of security staff to the anticipated number of attendees;

(e) Training provided to staff who serve, regulate, or supervise the service of alcohol including that MAST training, consistent with chapter 314-17 WAC, is required for all such staff;

(f) The licensees' policy on the number of alcoholic beverages that will be served to an individual patron per transaction not to exceed a maximum of two alcoholic beverages allowed to be sold or served to an individual patron during one transaction;

(g) Explanation of the alcoholic beverage containers that will be used to ensure they are significantly different from containers used for nonalcoholic beverages;

(h) Barriers or demarcations to be used for an alcohol service area or event perimeter;

(i) Explanation of how licensees will prevent the removal of alcohol in an open container from the alcohol service area or event perimeter, consistent with WAC 314-11-065; and

(j) How licensees will maintain separate storage of products and separate financial records. If licensees share any point of sale system, they must show how they will independently maintain complete documentation and records for the shared point of sale system showing clear separation as to what sales items and categories belong to each respective licensee.

(5) The joint operating plan must also include a map of the alcohol service area. At a minimum, the map shall include a north arrow indicator and identify the following:

(a) Locations where alcohol will be sold or served;

(b) Barriers or permanent fence-free demarcations;

(d) Entrances and exits; and

(e) Public streets adjacent to the alcohol service area.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-213, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-214 Public engagement review.

(1) Consistent with RCW 66.24.820, a city, town, county, or port authority that has been approved by the board for expanded alcohol service consistent with WAC 314-03-210, 314-03-211, or 314-03-212, shall conduct a public engagement review by September 1, 2026, consistent with the requirements in this rule.

(2) The public engagement review shall, at a minimum, include contacting the following individuals and entities in the area where expanded alcohol sales and service occurred or is occurring, to gain a balanced understanding of how the activities were or are being experienced by people in the community:

(a) Local organizations;

(b) Individual residents;

(d) Others in the local community.

(3) The public engagement review required by this rule must include examining, at a minimum, the following:

(a) Whether adequate local resources, including law enforcement patrols in the area, were or are provided during times that expanded alcohol service was or is offered, to ensure community safety;

(b) Whether services were or are provided to keep the area of the jurisdiction in which the activities occurred or are occurring clean and free of litter or other remnants of the use of public spaces for expanded alcohol service; and

(c) The costs and benefits to the community of expanded alcohol sales and service perceived by residents throughout the community.

(4) The results of a public engagement review conducted consistent with this rule shall be submitted to the board by September 1, 2026.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-214, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-215 Licensee sharing alcohol service area with nonlicensee.

(1) Definitions:

(a) "Alcohol service area" means an area in which liquor may be sold, served, and consumed as authorized under Title 66 RCW and rules of the board.

(b) "Nonlicensee" means a business does not have an active license or permit issued by the board.

(2)(a) Pursuant to RCW 66.24.800, certain liquor licensees may share use of an alcohol service area with businesses that do not engage in the sale or service of alcohol, subject to the requirements in this rule, and Titles 66 RCW and 314 WAC.

(b) Only licensees authorized for expanded alcohol service consistent with WAC 314-03-210, 314-03-211, or 314-03-212 may share the expanded alcohol service area with a nonlicensee.

(3) A primary contact or licensee must notify the board of the following prior to sharing an alcohol service area with a nonlicensee:

(a) A floor plan of the shared alcohol service area, identifying where the licensee and nonlicensees are;

(b) How alcoholic beverages served by the licensee will be kept in unique beverage containers; and

(c) Where licensee liquor will be stored and how access to that liquor will be exclusive to licensees and their employees.

(4) All participating licensees are jointly responsible for any violation or enforcement issues, unless it can be demonstrated that the violation or enforcement issues were due to one or more licensee's specific conduct or action, in which case the violation or enforcement applies only to those identified licensees.

(5) This section expires on December 31, 2027.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-03-215, filed 1/7/26, effective 2/7/26.

Wash. Admin. Code § 314-03-300 Alterations to a licensed premises.

The following changes to a licensed premises require approval from the board's licensing division:

(1) Any alteration that affects the size of a premises' customer service area.

(a) The licensee must submit two sets of floor plans showing the changes.

(b) The board's licensing division will make an initial response on the licensee's request for alterations within five business days.

(d) The licensee may begin liquor service in conjunction with the alteration after the completed alteration is inspected by the liquor enforcement officer.

(2) Excluding persons under twenty-one years of age from a spirits, beer, and wine restaurant or a spirits, beer, and wine nightclub.

The licensee must submit their request to the board's licensing division for an approval.

(3) Excluding persons under twenty-one years of age from the dining area of a beer and/or wine restaurant.

The licensee must submit their request to the board's licensing division for an approval.

(4) Reclassifying a lounge as open to persons under twenty-one years of age for a special event.

The licensee must submit their request to the board's licensing division for an approval.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-03-300, filed 5/31/17, effective 7/1/17.

Wash. Admin. Code § 314-03-400 Curbside service.

(1) Grocery stores that have the appropriate liquor licenses may provide curbside service to customers who order groceries online and pick them up in designated pickup areas outside of the grocery store. Curbside service in a designated pickup area must be administered pursuant to all applicable RCW and WAC provisions. Drive-through service from pickup or pass-through windows is prohibited.

(2) Curbside pickup of groceries that include spirits, beer, and wine are allowed under the following conditions:

(a) Orders must include at least twenty-five dollars of nonalcohol items.

(b) Orders must be delivered by an employee of the licensee to a vehicle parked in a designated pickup area owned or controlled by the licensee as part of the licensed premises.

(c) Employees delivering orders to the customer's vehicle and completing the sale must be at least eighteen years of age and be trained on verifying ID, recognizing signs of intoxication, and preventing youth access.

(d) If ID cannot be verified, or if the driver appears intoxicated, all alcohol will be removed from the order and the customer will not be charged for any removed products.

History

Statutory Authority: RCW 66.08.030 and 66.24.360. WSR 19-03-061, § 314-03-400, filed 1/10/19, effective 8/1/19.

Wash. Admin. Code § 314-03-500 Endorsement for sale of manufacturer sealed alcohol products through takeout.

(1) An endorsement for the sale of manufacturer sealed alcohol products is available through takeout as set forth in RCW 66.24.710. There is no fee for a licensee to apply for and obtain this endorsement.

(2)(a)(i) An endorsement to sell manufacturer sealed alcohol products at retail through takeout is available to the following licensees: Beer and wine restaurants; spirits, beer, and wine restaurants; taverns; snack bars; nonprofit arts licensees; and caterers.

(ii) This endorsement allows licensees authorized to sell spirits to sell ready-to-drink cocktails through takeout.

(b) This endorsement is separate from the endorsements in WAC 314-03-505 and 314-03-510 that authorize the sale through takeout of nonmanufacturer or nonfactory sealed premixed cocktails, wine by the glass, premixed wine and spirits cocktails, premixed wine drinks, or growlers.

(3) In order to obtain and maintain the endorsement described in this section, licensees must meet the following requirements:

(a) Alcohol products must be sold in closed, factory or manufacturer sealed packages or containers, such as cans and bottles. Licensees may only sell the types of manufacturer sealed alcohol products under this endorsement that they are authorized to sell under the terms of their license.

(b) If an alcohol product authorized for sale under this endorsement is enclosed inside a bag, box, or other packaging before the alcohol product is provided to the customer through takeout, the exterior of the bag, box, or other packaging must be clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in a size that is legible and readily visible.

(c)(i) In addition to the signs required by WAC 314-11-060, signs provided electronically by the board regarding public consumption and transportation of any alcohol products sold through takeout must be posted in plain view at:

(A) The main entrance to the area of the premises where alcohol products are sold; and

(B) The areas of the premises where alcohol products are picked up for takeout.

(ii) The signs will be designed to remind customers purchasing alcohol products through takeout that they must comply with applicable laws and rules including, but not limited to, restrictions on consuming alcohol in public in RCW 66.44.100 and restrictions on drinking or having an open container in a vehicle in RCW 46.61.519.

(d) Alcohol sold for takeout by beer and wine restaurant licensees and spirits, beer and wine restaurant licensees must be accompanied by a purchased meal prepared and sold by the license holder under RCW 66.24.710.

(4) In addition to the requirements listed in this section, licensees must comply with all applicable requirements in Title 66 RCW, Title 314 WAC, and any other applicable laws and rules including, but not limited to, restrictions on sales to minors and intoxicated persons in chapter 66.44 RCW and WAC 314-16-150.

(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Alcohol product" means liquor as defined in RCW 66.04.010.

(b) "Factory sealed" or "manufacturer sealed" means that a package or container is in 100 percent resalable condition, with all manufacturer's seals intact.

(c) "Ready-to-drink cocktail" means a drink made by combining spirits with other alcoholic or nonalcoholic beverages and ingredients including, but not limited to, fruit juice, carbonated beverages, flavorings, or cream, that is:

(i) Factory sealed or manufacturer sealed;

(ii) No more than 12 percent alcohol per volume; and

(iii) No more than 12 ounces in volume.

(d) "Spirits" has the same meaning as defined in RCW 66.04.010.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-03-500, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-03-500, filed 1/31/24, effective 3/2/24. Statutory Authority: 2023 c 279, RCW 66.08.071, and 66.08.030. WSR 23-14-119, § 314-03-500, filed 7/5/23, effective 7/5/23. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-03-500, filed 12/8/21, effective 1/8/22.

Wash. Admin. Code § 314-03-505 Endorsement for sale of premixed cocktails, wine by the glass, premixed wine and spirits cocktails, or premixed wine drinks through takeout.

(1) An endorsement is available for the sale of premixed cocktails, wine by the glass, premixed wine and spirits cocktails, or premixed wine drinks through takeout as set forth in RCW 66.24.710. There is no fee for a licensee to apply for and obtain this endorsement.

(2) As set forth in RCW 66.24.710:

(a) An endorsement is available to spirits, beer, and wine restaurants to sell premixed cocktails, wine by the glass, or premixed wine and spirits cocktails through takeout. This endorsement does not authorize the sale of full bottles of spirits for off-premises consumption.

(b) An endorsement is also available to beer and wine restaurant licensees to sell wine or premixed wine drinks by the glass through takeout.

(3) This endorsement is separate from the endorsements in WAC 314-03-500 and 314-03-510 that authorize the sale through takeout of manufacturer sealed alcohol products at retail, or growlers.

(4) In order to obtain and maintain the endorsement described in this section, licensees must meet the following requirements:

(a)(i) For spirits, beer, and wine restaurants, food that qualifies as a complete meal under WAC 314-02-010 must be sold with the premixed cocktails, wine by the glass, or premixed wine and spirits cocktails authorized for sale through takeout under this endorsement, as set forth in RCW 66.24.710.

(ii) Spirits, beer, and wine restaurants can sell up to three ounces of spirits per complete meal.

(iii) For beer and wine restaurants, a food item that qualifies as minimum food service under WAC 314-02-010 must be sold with the wine or premixed wine drinks by the glass authorized for sale through takeout under this endorsement, as set forth in RCW 66.24.710.

(b) The alcohol products authorized for sale through takeout under this endorsement must be prepared the same day they are sold.

(c) The alcohol products authorized for sale through takeout under this endorsement must be packaged in a container that has been sealed in a manner designed to prevent consumption without removal of the tamper-evident lid, cap, or seal, as set forth in RCW 66.24.710. For the purposes of this subsection, "tamper-evident" means a lid, cap, or seal that visibly demonstrates when a container has been opened. Tape is not a tamper-evident seal. The following list of examples is not comprehensive and is not intended to capture all of the possible types of allowed or disallowed containers:

(i) Examples of containers that are allowed:

(A) Containers with a screw top cap or lid that breaks apart when the container is opened.

(B) Containers with a plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid to form a seal that must be broken when the container is opened.

(ii) Examples of containers that are not allowed:

(A) Containers with lids with sipping holes or openings for straws.

(B) Containers such as styrofoam, paper, or plastic cups that lack a tamper-evident lid, cap, or seal.

(d) The containers that the alcohol products authorized for sale under this endorsement are packaged in must be clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in a size and manner that is legible and readily visible. If a container of alcohol authorized for sale under this endorsement is enclosed inside a bag, box, or other packaging before it is provided to the customer through takeout, the exterior of the bag, box, or other packaging must be clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in a size and manner that is legible and readily visible.

(e) To deter public consumption or consumption in a vehicle of premixed cocktails, wine by the glass, premixed wine and spirits cocktails, and premixed wine drinks sold through takeout, licensees may not put ice directly into the containers that the alcohol products authorized for sale under this endorsement are packaged in, except for frozen or blended drinks. Ice may be provided separately along with the takeout order.

(f) The premixed cocktails, wine by the glass, premixed wine and spirits cocktails, and premixed wine drinks authorized for sale through takeout under this endorsement must be placed in the trunk of the vehicle or beyond the immediate reach of the driver or any passengers in compliance with open container requirements in RCW 46.61.519 before being transported off the licensee's premises.

(g)(i) In addition to the signs required by WAC 314-11-060, signs provided electronically by the board regarding public consumption and transportation of any alcohol products sold through takeout must be posted in plain view at:

(A) The main entrance to the area of the premises where alcohol products are sold; and

(B) The areas of the premises where alcohol products are picked up for takeout.

(5) In addition to the requirements listed in this section, licensees must comply with all applicable requirements in Title 66 RCW, Title 314 WAC, and any other applicable laws and rules including, but not limited to, restrictions on sales to minors and intoxicated persons in chapter 66.44 RCW and WAC 314-16-150.

(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Alcohol product" or "alcoholic beverage" means liquor as defined in RCW 66.04.010.

(b) "Premixed cocktail" means a drink made by combining spirits with other alcoholic or nonalcoholic beverages and ingredients including, but not limited to, fruit juice, carbonated beverages, flavorings, or cream.

(c) "Premixed wine and spirits cocktail" means a drink made by combining wine and spirits with other alcoholic or nonalcoholic beverages and ingredients including, but not limited to, fruit juice, carbonated beverages, flavorings, or cream.

(d) "Premixed wine drink" means a drink made by combining wine with nonalcoholic beverages and ingredients including, but not limited to, fruit juice, carbonated beverages, flavorings, or cream. A premixed wine drink may not include alcoholic beverages other than wine.

(e) "Spirits" has the same meaning as defined in RCW 66.04.010.

(f) "Wine" has the same meaning as defined in RCW 66.04.010.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-03-505, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-03-505, filed 1/31/24, effective 3/2/24. Statutory Authority: 2023 c 279, RCW 66.08.071, and 66.08.030. WSR 23-14-119, § 314-03-505, filed 7/5/23, effective 7/5/23. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-03-505, filed 12/8/21, effective 1/8/22.

Wash. Admin. Code § 314-03-510 Endorsement for sale of growlers through takeout.

(1)(a) An endorsement is available for the sale of growlers through takeout as set forth in RCW 66.24.710. There is no fee for a licensee to apply for and obtain this endorsement.

(b) This endorsement is separate from the endorsements in WAC 314-03-500 and 314-03-505 that authorize the sale through takeout of manufacturer sealed alcohol products at retail, or nonmanufacturer or nonfactory sealed premixed cocktails, wine by the glass, premixed wine and spirits cocktails, and premixed wine drinks.

(2) As set forth in RCW 66.24.710, an endorsement to sell growlers for off-premises consumption through takeout is available to licensees that were authorized by statute or rule before January 1, 2020, to sell growlers.

(a) Licensees eligible for this endorsement include: Taverns; beer and wine restaurants; spirits, beer, and wine restaurants; grocery stores; beer and wine specialty shops; breweries; microbreweries; wineries; combination spirits, beer, and wine licensees; and hotel licensees.

(b) For a beer and wine specialty shop to be eligible for the endorsement described in this section, the beer and wine specialty shop must meet the requirement in RCW 66.24.371(3), as it existed on December 31, 2019, that the licensee's beer and/or wine sales must be more than 50 percent of the licensee's total sales.

(3) In order to obtain and maintain this endorsement, licensees must meet the following requirements:

(a) Sale of growlers must meet federal alcohol and tobacco tax and trade bureau requirements.

(b)(i) Growlers must be filled at the tap by the licensee at the time of sale, except that beer and wine specialty shops licensed under RCW 66.24.371 and domestic breweries and microbreweries with this endorsement may sell prefilled growlers as set forth in RCW 66.24.710. Prefilled growlers must be sold the same day they are prepared for sale and not stored overnight for sale on future days.

(ii) Brewery and microbrewery products that meet federal alcohol and tobacco tax and trade bureau labeling requirements are not considered prefilled growlers and are not subject to the overnight storage prohibition.

(c) Growlers must be filled with alcohol products, such as beer, wine, or cider, that the licensee was authorized by statute or rule before January 1, 2020, to sell in growlers.

(d)(i) In addition to the signs required by WAC 314-11-060, signs provided electronically by the board regarding public consumption and transportation of any alcohol products sold through takeout must be posted in plain view at:

(A) The main entrance to the area of the premises where alcohol products are sold; and

(B) The areas of the premises where alcohol products are picked up for takeout.

(5) Growlers sold under this endorsement do not need to be accompanied by a purchased meal prepared and sold by the license holder under RCW 66.24.710.

(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Alcohol product" means liquor as defined in RCW 66.04.010.

(b) "Beer" has the same meaning as defined in RCW 66.04.010.

(d) "Growlers" has the same meaning as defined in RCW 66.24.710.

(e) "Wine" has the same meaning as defined in RCW 66.04.010.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-03-510, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-03-510, filed 1/31/24, effective 3/2/24. Statutory Authority: 2023 c 279, RCW 66.08.071, and 66.08.030. WSR 23-14-119, § 314-03-510, filed 7/5/23, effective 7/5/23. Statutory Authority: 2021 c 48 § 2, RCW 66.08.071, 66.08.030 and 2021 c 48. WSR 22-01-052, § 314-03-510, filed 12/8/21, effective 1/8/22.

Chapter 314-05 Special occasion licenses.

Wash. Admin. Code § 314-05-020 Special occasion license.

(1) Consistent with RCW 66.24.380, a special occasion license allows a nonprofit organization to sell, at a specified date, time, and place:

(a) Spirits, beer, and wine by the individual serving and wine by the bottle for on-premises consumption, except that wine by the bottle or in original, unopened containers may not be sold for on-premises consumption at events pursuant to RCW 66.24.800 (expires December 31, 2027), WAC 314-03-211 (expires December 31, 2027), or WAC 314-03-212 (expires August 1, 2026); and

(b) Spirits, beer, and wine in original, unopened containers for off-premises consumption.

(2)(a) Special occasion licensees may have no more than 12 days of events per calendar year (see RCW 66.24.380(1) for an exception for agricultural fairs).

(b) Events pursuant to authorized civic campus and fan zones as referenced in WAC 314-03-211 and 314-03-212 do not count towards the limitation in (a) of this subsection.

(3)(a) The fee for the special occasion license is $90 per day, per event. Multiple alcohol service locations at an event are an additional $90 per location.

(b) The fee is $185 per day, per event, for civic campus and fan zone events pursuant to WAC 314-03-211 and 314-03-212. Multiple alcohol service locations at an event are an additional $185 per location.

(4) A special occasion license is a retail liquor license. Nonprofit organizations must comply with applicable retail liquor license requirements when operating under the special occasion license.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-05-020, filed 1/7/26, effective 2/7/26. Statutory Authority: RCW 66.08.030. WSR 20-20-038, § 314-05-020, filed 9/30/20, effective 10/31/20. Statutory Authority: RCW 66.08.030 and 66.20.010. WSR 17-08-099, § 314-05-020, filed 4/5/17, effective 5/6/17. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-05-020, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030. WSR 09-02-013, § 314-05-020, filed 12/29/08, effective 1/29/09. Statutory Authority: RCW 66.08.030, 66.24.375, 66.24.380, 66.28.010. WSR 04-22-078, § 314-05-020, filed 11/2/04, effective 12/3/04.

Wash. Admin. Code § 314-05-025 Application process for a special occasion license.

(1) Special occasion applications should:

(a) Be submitted at least 45 days prior to an event where no minors will attend;

(b) Be submitted with an application addendum at least 60 days prior to an event where the applicant requests minors in attendance and for events for civic campus and fan zones pursuant to WAC 314-03-211 and 314-03-212; or

(2) Special occasion applications must include:

(a) Documentation verifying that the organization is a registered nonprofit with the Washington secretary of state or with the Internal Revenue Service;

(b) The name of any winery that will be taking orders at the event and accepting payment for wine of its own production to be delivered at a later date; and

(3) Consistent with RCW 66.24.010(8), the board must send a notice to the local authority for each application received, unless the local authority has received authorization for civic campus or fan zone events pursuant to WAC 314-03-211 or 314-03-212. The local authority has 20 days to respond or request an extension for good cause.

(4) The board may conduct a criminal history check on the organization's officers and/or managers.

(5)(a) Special occasion licenses may be denied for reasons including, but not limited to, those outlined in chapter 314-07 WAC. Denials are subject to the provisions of the Administrative Procedure Act, chapter 34.05 RCW.

(b) At the board's discretion, repeat violations at events on civic campuses and fan zones pursuant to WAC 314-03-211 and 314-03-212 within a two-year period can be cause for denial of a license under this rule, or participation in future events.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-05-025, filed 1/7/26, effective 2/7/26. Statutory Authority: RCW 66.08.030. WSR 20-20-038, § 314-05-025, filed 9/30/20, effective 10/31/20
WSR 16-01-102, § 314-05-025, filed 12/16/15, effective 1/16/16
WSR 11-23-046, § 314-05-025, filed 11/9/11, effective 12/10/11. Statutory Authority: RCW 66.08.030, 66.24.375, 66.24.380, 66.28.010. WSR 04-22-078, § 314-05-025, filed 11/2/04, effective 12/3/04.

Wash. Admin. Code § 314-05-030 Requirements for special occasion license events.

(1) The special occasion license must be posted at each alcohol service area at the event.

(2) Consistent with RCW 66.28.070, all spirits, beer, and wine purchased for the event by the special occasion licensee may only be purchased in the manufacturer's approved container or package from the following:

(a) A licensed off-premises retailer;

(b) A distributor;

(d) A domestic brewery or microbrewery;

(e) A winery; or

(f) A certificate of approval holder with a direct shipping to Washington retailer endorsement.

(3) Consistent with RCW 66.28.310, special occasion licensees are allowed to pay for beer, wine, and spirits used for the special occasion event immediately following the end of the event.

(4) Consistent with RCW 66.28.040, alcohol may be donated to special occasion licensees registered as 501(c)(3) and 501(c)(6) for the event as follows:

(a) In state breweries and beer certificate of approval holders may donate beer;

(b) In state wineries and wine certificate of approval holders may donate wine;

(c) An accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor may donate spirits.

(5) Alcohol may not be provided, or advertised as being provided, to the public free of charge at the special occasion event.

(6) Alcohol may not be sold, or advertised as being sold, below the manufacturer's cost at the special occasion event.

(7) If alcohol is auctioned at the event, the final sale price may not be below the manufacturer's cost.

(8) If tickets are sold for the special occasion event and the ticket fee includes alcohol for event attendees, the ticket must be sold directly by the nonprofit organization and may not be sold by a third party. In order to ensure alcohol is not being given away or sold below the manufacturer's cost, if the ticket fee includes alcohol the total ticket fee must be above the manufacturer's cost of the included alcohol.

(9) Consistent with RCW 66.24.375, no portion of the profits from special occasion events may be paid directly or indirectly to members, officers, directors, or trustees of the nonprofit organization except for services performed for the organization.

(10) Wineries, breweries, and distilleries participating in a special occasion event may pay booth fees to the special occasion licensee. Booth fees must be uniform for all participating wineries, breweries, and distilleries.

(11) Breweries may provide installation of draft beer dispensing equipment for a special occasion event.

(12) Pouring or dispensing may be provided at any type of special occasion event by wineries, distilleries, or spirits distributors.

(13) Pouring or dispensing may be provided by breweries at a beer tasting exhibition or judging event. A beer tasting exhibition or judging event must be sponsored by the special occasion licensee and have at least three breweries represented that are pouring samples.

(14) Consistent with RCW 66.24.380, the sale, service, and consumption of alcohol must be confined to a designated area, unless the event is pursuant to RCW 66.24.800 (expires December 31, 2027).

(15) If a special occasion event is held at an establishment that has a liquor license, the following applies, unless the event is pursuant to RCW 66.24.800 (expires December 31, 2027):

(a) The special occasion event must be in a designated area of the licensed premises separate from areas open to the general public;

(b) The licensed premises' liquor cannot be sold or served in the designated special occasion event area;

(c) The liquor licensee cannot charge for the liquor purchased and brought by the special occasion licensee for service at the event;

(d) The liquor licensee must sign the special occasion application acknowledging that they will not sell or serve their liquor at the event and giving permission for the special occasion licensee to bring and sell their liquor at the liquor licensed premises; and

(e) The special occasion event cannot be held at a premises where the liquor license will be suspended by the board on the date(s) of the scheduled event.

History

Statutory Authority: RCW 66.08.030, 66.24.380, 66.24.690, 66.24.710, 66.24.800, 66.24.810, 66.24.820, 66.44.100, 66.98.070, 2025 c 361, and 2025 c 343. WSR 26-02-076, s 314-05-030, filed 1/7/26, effective 2/7/26. Statutory Authority: RCW 66.08.030. WSR 20-20-038, § 314-05-030, filed 9/30/20, effective 10/31/20. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-05-030, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030. WSR 11-23-046, § 314-05-030, filed 11/9/11, effective 12/10/11
WSR 09-02-013, § 314-05-030, filed 12/29/08, effective 1/29/09. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-05-030, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.24.375, 66.24.380, 66.28.010. WSR 04-22-078, § 314-05-030, filed 11/2/04, effective 12/3/04.

Wash. Admin. Code § 314-05-035 Advertising and branded promotional items for special occasion events.

(1) Special occasion licensees and industry members must comply with RCW 66.28.285 through 66.28.310, regarding the three-tier system, direct and indirect interests between industry members and retailers, undue influence, exclusive agreements, and money advances.

(2) Manufacturers, distributors, or their licensed representatives may use websites and social media to post, repost, or share promotional information or images about events or provide other advertising services per the requirements outlined in RCW 66.28.310. Manufacturers, distributors, or their licensed representatives may also provide programs or flyers to be disseminated at the event, or may have media coverage of the event.

(3) Industry members may not provide money for advertising or promoting (sponsoring) an event directly to:

(a) The special occasion licensee;

(b) Employees of the special occasion licensee; or

(4) If a third-party organization is holding an event in which a special occasion licensee participates, industry members may provide money for advertising or promoting (sponsoring) the event directly to the third-party organization only when:

(a) The third-party organization does not hold a special occasion license for the event;

(b) The third-party organization has not been hired by the participating special occasion licensee;

(d) The third-party organization has not expressly or implicitly promised, contracted, or otherwise agreed that the industry member's brand will be or will be more likely to be sold by the special occasion licensee, that the industry member's brand will be sold to the total or partial exclusion of any other brand, or that the industry member will be allowed access to the special occasion licensed area for advertising purposes without direct approval from the special occasion licensee and payment of reasonable booth fees to the special occasion licensee.

(5) Industry members may not give alcohol-related promotional items to event attendees in the special occasion licensed area.

(6) Industry members may also provide signage with the industry member's name or brand name of the product. Signage that may be visible to the general public from the public right of way must not:

(a) Exceed a total of four signs affixed to or hanging in a window, or on the outside of the licensed event area, referring to alcoholic beverages, brand names, or manufacturers; and

(b) Exceed sixteen hundred square inches.

(7) Inflatables are not allowed inside the event area unless the area is completely enclosed with no view to the inside from the public right of way.

(8) Industry members must comply with RCW 66.28.310 regarding the provision of and/or the receipt of branded promotional items directly or indirectly to a special occasion licensee.

(9) An industry member is not obligated to provide branded promotional items as a condition for selling alcohol to the special occasion licensee.

(10) Anyone asserting the provision of branded promotional items as allowed in this section has resulted or is more likely than not to result in undue influence or an adverse impact on public health and safety, or is otherwise inconsistent with the criteria of this section, may file a complaint with the board. Upon receipt of a complaint, the board may conduct an investigation.

(a) The board may issue an administrative violation notice to the industry member, the special occasion licensee, or both.

(b) The recipient of the administrative violation notice may request a hearing under chapter 34.05 RCW.

History

Statutory Authority: RCW 66.08.030. WSR 20-20-038, § 314-05-035, filed 9/30/20, effective 10/31/20
WSR 16-01-102, § 314-05-035, filed 12/16/15, effective 1/16/16.

Chapter 314-07 How to apply for and maintain a liquor license.

Wash. Admin. Code § 314-07-005 What is the purpose of this chapter?

RCW 66.24.010 states the board will only issue licenses and permits to applicants and locations that meet certain qualifications. The purpose of this chapter is to outline the qualifications and steps necessary to receive and maintain a liquor license or permit.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-005, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-005, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-010 Definitions.

Following are definitions for the purpose of this title. Other definitions are in WAC 314-01-005 and RCW 66.08.010.

(1) "Applicant" or "liquor license applicant" means any person or business entity who is considered by the board as a true party of interest in a liquor license or permit application, as outlined in WAC 314-07-035.

(2) "Building" means a stationary structure with floor to ceiling solid walls and a roof. A food truck is not a "building."

(3) "Business name" or "trade name" means the name of a licensed business as used by the licensee on signs, advertising, etc.

(4) "Financier" means any person or entity who has made or will make an investment in the licensed business of more than $10,000. A "financier" can be someone who provides money as a gift, someone who loans money to the business and expects to be paid back the amount of the loan without interest, or someone who invests money into the business expecting a percentage of the profits, but accepts the risk that there may not be a full return on the investment. These persons or entities shall submit appropriate investigation level "financier" financial documents.

(5) "Licensee" or "liquor licensee" means any person or entity that holds a liquor license or permit, or any person or entity who is a true party of interest in a liquor license or permit, as outlined in WAC 314-07-035.

(6) "Public institution" means a public college or university. (See WAC 314-07-020 regarding the liquor and cannabis board notifying public institutions of liquor license applications.)

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-07-010, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-010, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-010, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-010, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-010, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-015 General information about liquor licenses.

(1) A person or entity must meet required qualifications to receive a liquor license, and must continue to meet the qualifications in order to maintain the license.

(2) A liquor license may be approved at a personal residence under the following conditions:

(a) The proposed licensed premises is either separate from or walled off from personal living quarters.

(b) The proposed licensed premises has its own entrance separate from the entrance to the personal living quarters.

(d) Any and all items related to the operation of the proposed licensed business are contained within the licensed premises. This includes, but is not limited to, liquor inventory, business records, computers, equipment and anything else needed for the operation of the licensed business.

(3) A liquor license applicant may not exercise any of the privileges of a liquor license until the board approves the license application (see WAC 314-07-055 regarding temporary licenses).

(4) In approving a liquor license, the board reserves the right to impose special conditions as to the involvement in the operations of the licensed business of any former licensees, their former employees, or any person who does not qualify for a liquor license.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-015, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-015, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-015, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-015, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-020 Liquor license qualifications and application process.

WAC 314-07-020

Each liquor license application is unique and investigated individually. The board may inquire and request documents regarding all matters in connection with the liquor license application. Following is a general outline of the liquor license application process.

(1) Per RCW 66.24.010, the board shall send a notice to the local authority regarding the liquor license application. The local authority has 20 days to respond with a recommendation to approve or an objection to the applicant, location, or both.

(a) The local authority may submit a written request to the board for an extension for good cause shown.

(b) If the application is within a board-recognized alcohol impact area, the board will give the local authority 60 days to comment on the liquor license application or assumption (see WAC 314-12-215(6) for more information).

(2) For an application for a new liquor license privilege, the board may require a public posting notice to be posted at the site for 14 days.

(3) For an application for a new liquor license privilege, the board shall notify schools, churches, or public colleges or universities within 500 feet of the business (see RCW 66.24.010(9) for more information).

(4) The board will verify that the proposed business meets the minimum requirements for the type of license or privilege requested.

(5) The board may conduct an investigation of the applicants' criminal history and administrative violation history, per WAC 314-07-040 and 314-07-045.

(6) The board may conduct a financial investigation in order to verify the source of funds used for the acquisition and startup of the business.

(7)(a) The board will conduct an investigation to establish the applicant's exclusive right to the real and personal property and to verify the true party(ies) of interest.

(b) Licensees are permitted to engage in leases consistent with RCW 66.24.010(13) and 66.28.295(16), and WAC 314-02-006.

(c) Beer and/or wine licensees are permitted to engage in contracts, leases, or subleases to satisfy food service requirements consistent with RCW 66.24.240, 66.24.244, and 66.24.320, and WAC 314-02-045.

(d) Spirits, beer, and wine licensees are permitted to engage in contracts, leases, or subleases to satisfy food service requirements consistent with RCW 66.24.240, 66.24.244, and 66.24.400, and WAC 314-02-015 and 314-02-035.

(8) The board may provide a briefing on liquor laws and rules.

(9) The board may conduct a final inspection of the proposed licensed business, in order to determine if the applicant has complied with all the requirements of the license or privilege requested.

(10) Per RCW 66.24.010 (2)(a), all applicants must have resided in the state of Washington for at least one month prior to issuance of a liquor license. For a corporation or a limited liability company, the entity meets this residency requirement if the entity was formed in Washington or has a certificate of authority to do business in Washington.

(11) All applicants and true parties of interest must be at least 21 years of age.

(12) Upon failure to respond to the board licensing and regulation division's requests for information within the timeline provided, the application will be administratively closed.

History

Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.010, 66.24.240, 66.24.244, 66.24.246, 66.24.400, 66.24.410, 66.24.420, 66.28.295, 2025 c 141, and 2026 c 196. WSR 26-18-093, s 314-07-020, filed 9/2/26, effective 10/3/26. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-020, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-020, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-020, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-035 What persons or entities have to qualify for a liquor license?

Per RCW 66.24.010(1), a liquor license must be issued in the name(s) of the true party(ies) of interest.

(1) True parties of interest - For purposes of this title, "true party of interest" means:

| True party of interest | Persons to be qualified | | | --- | --- | --- | | Sole proprietorship | Sole proprietor and spouse. | | | General partnership | All partners and spouses. | | | Limited partnership, limited liability partnership, or limited liability limited partnership | • | All general partners and spouses; | | • | All limited partners that have more than 10 percent interest in the partnership and their spouses. | | | Limited liability company | • | All members (or persons with equivalent title) with more than 10 percent interest in the LLC and spouses. (Note: In order for the liquor and cannabis board to identify the persons to be qualified, we will need to know all parties that have an interest in the limited liability company or have a pending interest.) | | | • | All managers (or persons with equivalent title) and their spouses. | | Privately held corporation | • | All corporate officers (or persons with equivalent title) and their spouses. | | | • | All stockholders (or persons with equivalent title) and their spouses who hold more than 10 percent of the issued or outstanding stock. (Note: In order for the liquor and cannabis board to identify the persons to be qualified, we will need to know all parties who have been issued or will be issued corporate stock.) | | Publicly held corporation | All corporate officers (or persons with equivalent title). | | | Multi-level ownership structures | The liquor and cannabis board will review each entity to determine which individuals are to qualify according to the guidelines in this rule. | | | Any entity | Any person who is in receipt of, or has the right to receive, more than 10 percent of the gross or net sales from the licensed business during any full or partial calendar or fiscal year. For the purposes of this chapter: | | | | • | "Gross sales" includes the entire gross receipts from all sales and services made in, upon, or from the licensed business. | | | • | "Net sales" means gross sales minus cost of goods sold. |

(2) For purposes of this section, "true party of interest" does not mean:

(a) A person or entity receiving reasonable payment for rent (as determined by the board) on a fixed or percentage basis under a bona fide lease or rental obligation, unless the lessor or property manager exercises control over or participates in the management of the business.

(b) A person who receives a bonus as an employee, if: The employee is on a fixed wage or salary and the bonus is not more than 25 percent of the employee's prebonus annual compensation; or the bonus is based on a written incentive/bonus program that is not out of the ordinary for the services rendered.

(c) A person or entity contracting with the applicant(s) to sell the property, unless the contract holder exercises control over or participates in the management of the licensed business.

(d) A person or entity receiving payment of franchise fees on a fixed or percentage basis under a bona fide franchise agreement, unless the person or entity receiving payment of franchise fees exercises control over or participates in the management of the licensed business.

(e) A 401K, IRA, or nonfamilial trust.

(3) Financiers - The board may conduct a financial investigation of financiers.

(4) Persons who exercise control of business - The board may conduct an investigation of any person or entity who exercises any control over the applicant's business operations.

In cases where there is an entity who is in control of the day-to-day business operation (other than the owner) because of an agreement between the owner and the operator, the operating party becomes a true party of interest. The operator must meet all the qualifications of any other true party of interest and if approved, must be the licensee. The owner may be required to be named on the license as a party of interest based on the terms of the agreement, but will not normally be required to meet all the qualifications of a true party of interest.

(5) The board reserves the right to investigate any person or entity in a liquor license application or current liquor license where hidden ownership or misrepresentation of fact is suspected.

(6) For purposes of this section, a person or entity who takes more than 10 percent of the profits and/or exercises control over the licensed business in a given agreement may be named on the license as a party of interest per this rule. Examples of this are lease, operating plan, concession or management agreement.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-07-035, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-035, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-035, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-035, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-035, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-040 What criminal history might prevent a liquor license applicant or licensee from receiving or keeping a liquor license?

(1) When the board processes a criminal history check on a true party of interest, it uses a point system to determine if the person qualifies for a license. The board will not normally issue a liquor license to an applicant who has accumulated eight or more points as indicated below:

| Description | Time period during which points will be assigned | Points assigned | | --- | --- | --- | | Felony conviction | Ten years | 12 points | | Gross misdemeanor conviction | Three years | 5 points | | Misdemeanor conviction | Three years | 4 points | | Currently under federal or state supervision for a felony conviction | n/a | 8 points | | Nondisclosure of any of the above | n/a | 4 points each |

(2) If a case is pending for an alleged offense that would earn eight or more points, the board will hold the application for the disposition of the case. If the disposition is not settled within ninety days, the board may administratively close the application.

(3) The board will not normally issue a liquor license to any person who has demonstrated a pattern of disregard for laws and rules. A pattern or disregard for laws and rules is inclusive of violation history outside of the liquor and cannabis board, to include other regulatory agencies and other states.

(4) Current liquor licensees are required to notify the board within thirty days of any arrests or criminal convictions. Failure to do so may result in revocation of the liquor license.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-040, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-040, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-040, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-045 What liquor law or rule violation history might prevent an applicant from receiving a liquor license?

(1) The board will conduct an investigation of all applicants' liquor law or rule administrative violation history. The board will not normally issue a liquor license to a person, or to an entity with a true party of interest, who has the following administrative violation notice history.

| Violation Type (see WAC 314-29-020 through 314-29-035) | Period of Consideration | | | | --- | --- | --- | --- | | • | Three or more public safety violations; | • | Violations issued within two years of the date the application is received by the board's licensing and regulation division. | | • | Four or more conduct violations; or | • | Violations issued within the last two years the true party(ies) of interest were licensed. | | • | Five or more regulatory violations. | | |

(2) The board will not normally issue a liquor license to a person who has demonstrated a pattern of disregard for laws or rules including, but not limited to, written and/or verbal warnings.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-045, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-045, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-055 Temporary retail license.

Applicants may request a temporary retail liquor license in addition to an annual license for the same business. If granted, the temporary license allows the applicant to operate for a period of up to one hundred twenty days while the annual license application is being processed.

| Type of Application | Qualification and process to receive a temporary retail license | | | | --- | --- | --- | --- | | (1) New business, existing licensed business, or new license type: | In order to receive a temporary license, the applicant(s) must: | | | | • | Applicant is applying for a license at a business location that does not hold a current, valid liquor license. | • | Complete licensing requirements as determined by the board. | | • | Applicant is applying for the same license privilege at a location that has a valid license that has not expired. | • | The local authority and any churches, schools, or public colleges or universities within 500 feet of the proposed licensed business must have responded to the liquor control board's notice of liquor license application, or the time period must have passed. See WAC 314-07-020, subsections (1), (2), and (3) for more information. | | • | Applicant is applying for a license or a business that has an existing license at the location, but the applicant is applying for a different license privilege(s). | • | When the annual liquor license is issued, the fee will be pro-rated back to the date of issuance of the temporary license. |

(2) For the purposes of this section, "retail liquor license" shall include all classes of liquor licenses that allow the holder to sell liquor directly to the public.

(3) The privilege of having a temporary license issued upon an application for license does not apply to breweries, wineries, or distilleries.

(4) A temporary license under subsection (1) of this section may be issued for a distributor license applicant.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-055, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-055, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-055, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-055, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-060 Reasons for denial or revocation of a temporary license.

Following is a list of reasons a temporary permit may not be issued or can be revoked. Per RCW 66.24.010, the board has broad discretionary authority to approve or deny a liquor license or permit application. Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing.

(1) An applicant who has received a temporary license and their application is later administratively closed, and they reapply for a liquor license at the same location.

(2) The local authority objects for any reason.

(3) The applicant affirmatively refuses to submit documents requested by the board to conduct the application investigation.

(4) The applicant accrues or is involved in an administrative violation committed while operating under a temporary license.

(5) The investigator is unable to determine the true party of interest.

(6) The applicant fails to meet the basic requirements of the license.

(7) An objection is received from a privately or publicly funded elementary or secondary school within five hundred feet of the proposed location.

(8) Violation history of the applicant is found to be sufficient to raise the application to threshold decision.

(9) Upon denial of the permanent license, the temporary license will be immediately revoked.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-060, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-060, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-060, filed 5/5/10, effective 6/5/10.

Wash. Admin. Code § 314-07-065 Reasons the board may deny a liquor license application.

Following is a list of reasons the board may deny a liquor license application. Per RCW 66.24.010, the board has broad discretionary authority to approve or deny a liquor license or permit application.

(1) Failure to meet qualifications or requirements for the specific liquor license or privilege, as outlined in this Title 314 WAC and Title 66 RCW.

(2) Failure by any person or entity associated with the application to submit information or documentation requested by the board.

(3) Refusal by any person or entity associated with the application to submit information or documentation requested by the board.

(4) Misrepresentation of fact by any person or entity associated with the application.

(5) Failure to meet the criminal history standards outlined in WAC 314-07-040.

(6) Failure to meet the liquor law or rule violation history standards outlined in WAC 314-07-045.

(7) Source of funds used for the acquisition, startup and operation of the business is questionable or unverified.

(8) Objection from the local authority or from the public (see WAC 314-09-010 and RCW 66.24.010(8)).

(9) Objection from the following entities if they are within five hundred feet of the proposed business: A public school, a private school that meets the requirements of chapter 28A.195 RCW, a church, or a public college or university. See WAC 314-09-010 and RCW 66.24.010(9) for more information. Note: Per RCW 66.24.010(9), the board may not issue a new liquor license if the board receives objection from a public school within five hundred feet of the proposed licensed business.

(10) The board determines that the issuance of the liquor license will not be in the best interest of the welfare, health, or safety of the people of the state.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-07-065, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-065, filed 5/20/15, effective 6/20/15
WSR 10-10-126, § 314-07-065, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-065, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-070 Process if the board denies a liquor license application.

If the board denies a liquor license application, the applicants may:

(1) Request an administrative hearing per chapter 34.05 RCW, the Administrative Procedure Act.

(2) Not apply for any license for one year from the date of the board's final order. Exceptions may be granted on a case-by-case basis at the sole discretion of the board or their delegated staff.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-070, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-070, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-080 Ownership changes.

(1) Licensees must receive prior board approval before making any of the following ownership changes (see WAC 314-07-035 for the definition of "true party of interest"):

| Type of change | Type of application | Fee | | --- | --- | --- | | Change in the qualifying persons in a: Sole proprietorship, general partnership, limited partnership, or limited liability partnership. | New application | Annual fee for current license privilege. | | Change in the qualifying persons for a publicly or privately held corporation. The board will waive the fee for a corporate change when the proposed change consists solely of dropping an approved officer. | Application for change in corporate officer and/or stockholder | $112.50 | | Change in the qualifying persons in a limited liability company. | Application for change of limited liability company member and/or manager | $112.50 |

(2) The board may inquire into all matters in connection with any such sale of stock/units or proposed change in officers/members.

(3) The "proposed sale of more than 10 percent of the stock/units" will be calculated as a cumulative total and must be reported to the board when the accumulation of stock/units transfers or newly issued stock/units totals more than 10 percent of the outstanding and/or issued stock/units of the licensed corporation or limited liability company.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-07-080, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 10-10-126, § 314-07-080, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-080, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-085 Change of location.

(1) Changing your liquor license to a new location requires an application, per the process outlined in WAC 314-07-015(2).

(2) Type of change of location application:

| Submit a change of location application and pay a $112.50 fee if: | Submit a new liquor license application and pay the appropriate fee for the type of liquor license you are applying for if: | | | | --- | --- | --- | --- | | ■ | You are not changing the type of liquor license that you have at the current location; | ■ | You are changing the type of liquor license from what you have at the current location; | | ■ | There is no change in any of the true parties of interest; and | ■ | There is a change in any of the true parties of interest; or | | ■ | Your liquor license is current. | ■ | Your liquor license is not current. |

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-07-085, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 10-10-126, § 314-07-085, filed 5/5/10, effective 6/5/10. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-085, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-090 Change of business name.

(1) If you wish to change the name of your business, you must apply for a change of trade name with the department of revenue, business license service.

(2) If you wish to amend your corporation or limited liability company name, you must apply for a change of name through the secretary of state.

(3) See chapter 434-12 WAC for guidelines for trade names.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-090, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-090, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-095 Discontinue liquor sales.

You must notify the board's enforcement and education division if you plan to stop liquor sales for more than thirty days, or if you plan to permanently discontinue liquor sales.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-095, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-095, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-100 Death or incapacity of licensee.

(1) The appointed guardian, executor, administrator, receiver, trustee, or assignee must notify the board's licensing and regulation division in the event of the death, incapacity, receivership, bankruptcy, or assignment for benefit of creditors of any licensee.

(2) Subject to a criminal background check, the board may give the appointed guardian, executor, administrator, receiver, trustee, or assignee written approval to continue liquor sales on the licensed business premises for the duration of the existing license and to renew the license when it expires.

(3) When the matter is resolved by the court, the true party(ies) of interest must apply for a liquor license for the business.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-100, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-100, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-110 Are liquor license fees refundable?

When a license is suspended, revoked, or canceled, or the licensed business is discontinued, the unused portion of the liquor license fee will not be refunded. There are two exceptions:

(1) Per RCW 66.24.420 (1)(b), a spirits, beer, and wine restaurant that is located in an unincorporated city or town may receive a refund of the unused portion of their license fees, calculated per calendar quarter.

(2) Per RCW 66.24.015, if a liquor license application is denied or is administratively closed by the board, the application fee will be refunded less a seventy-five dollar nonrefundable processing fee.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-110, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-110, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-120 Board delegation of authority to approve liquor licenses.

Per RCW 66.24.010(2), the board may delegate to designated staff members, in writing, the authority to approve unopposed or uncontested license applications.

History

Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-07-120, filed 3/4/05, effective 4/4/05.

Wash. Admin. Code § 314-07-121 Board delegation of authority to make initial threshold determinations.

(1) The board may delegate to the licensing and regulation division director the authority to make initial threshold determinations on liquor license applications and renewals where:

(a) Objections have been submitted; or

(b) The applicant/licensee appears to be ineligible for a license due to failure to meet requirements under statute or rule. Failure to meet eligibility requirements includes data obtained through a criminal background check or criminal history record information (CHRI) report.

(2) Threshold determinations will be made in accordance with the provisions of RCW 66.24.010 as well as all other relevant sections of state law and Title 314 WAC. The licensing and regulation division director shall:

(a) Give substantial weight to objections from a local authority where objections are based on chronic illegal activity;

(b) Give due consideration to the location of a new liquor license application as it relates to the proximity to churches, schools, and public institutions as well as any considerations raised by the local authority.

(3) If the licensing and regulation director determines that the board will seek denial of a license application or nonrenewal of an existing license, an aggrieved applicant/licensee may request an adjudicative hearing before an administrative law judge (see chapter 314-09 WAC).

(4) If the licensing and regulation director determines that the board will seek to approve a license or renewal over the objection of the local authority, the local authority may request an adjudicative hearing before an administrative law judge (see chapter 314-09 WAC). The licensing and regulation director will determine whether an adjudicative hearing will be granted to the local authority.

An adjudicative hearing will be granted where the objection is based on alleged conduct related to public safety within the jurisdiction of the board under Title 66 RCW.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 15-11-106, § 314-07-121, filed 5/20/15, effective 6/20/15. Statutory Authority: RCW 66.08.030. WSR 09-21-048, § 314-07-121, filed 10/14/09, effective 11/14/09.

Chapter 314-09 Contested liquor license applications and renewals.

Wash. Admin. Code § 314-09-005 What is the purpose of chapter 314-09 WAC?

The purpose of chapter 314-09 WAC is to outline:

(1) The process for persons, entities, and governmental jurisdictions to object to the issuance or renewal of a liquor license or permit; and

(2) An applicant or licensee's options when their liquor license or permit is denied or action is taken to not renew their liquor license or permit.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-09-005, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 66.24.010, 66.08.150. WSR 01-03-087, § 314-09-005, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-09-010 Objections to liquor license applications.

(1) How can persons, entities, and governmental jurisdictions object to the issuance of a liquor license or permit? Per RCW 66.24.010 (8) and (9), the board will notify certain entities of the following types of annual or special occasion liquor license or permit applications. In addition to the following entities, any person or group may comment in writing to the board regarding an application.

| Type of Application | Entities the board will notify | | | | --- | --- | --- | --- | | • | Applications for an annual license or permit at a new location that would allow the sale and/or service of alcohol beverage to the public for on-premises consumption or to-go; and | • | Governmental jurisdictions in which the premises is located, and | | • | Applications to change the class of an existing annual liquor license or permit that allows the sale and/or service of alcohol beverage to the public for on-premises consumption or to-go. | • | Schools, churches, and public institutions within 500 feet of the premises to be licensed (as measured according to RCW 66.24.010(9)). | | • | Applications for any special occasion liquor license that allows the sale and/or service of alcohol beverage; and | • | Governmental jurisdictions only. | | • | Changes of ownership at existing licensed premises. | | |

(2) What will happen if a person or entity objects to a liquor license application? When deciding whether to issue or deny a liquor license application or permit, the board will give due consideration to input from governmental jurisdictions in which the premises is located; private schools, churches, and public institutions within 500 feet of the premises (as measured according to RCW 66.24.010(9)); and other persons or groups. Note: Per RCW 66.24.010(9), the board shall not issue a new retail liquor license if a tax-supported public elementary or secondary school within 500 feet of the premises to be licensed objects to the application (500 feet as measured according to RCW 66.24.010(9)).

(a) If the board contemplates issuing a license over the objection of a governmental jurisdiction in which the premises is located, the government subdivision may request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW). If the board, in its discretion, grants the governmental jurisdiction(s) an adjudicative hearing, the licensee will be notified and given the opportunity to present evidence at the hearing.

(b) If the board denies a liquor license application based on the objection from a governmental jurisdiction; a private school, church, or public institution within 500 feet of the premises (as measured according to RCW 66.24.010(9)); and/or other persons or groups, the applicant(s) may either:

(i) Reapply for the license or permit no sooner than one year from the original denial date; or

(ii) Submit a written request on a form provided by the board for an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW). The request must be received within twenty days of the date the intent to deny notification was mailed.

History

Statutory Authority: RCW 66.08.030. WSR 09-21-048, § 314-09-010, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 05-07-011, § 314-09-010, filed 3/4/05, effective 4/4/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.08.150. WSR 01-03-087, § 314-09-010, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-09-015 Objections to liquor license renewals.

(1) How can local governmental jurisdictions object to the renewal of a liquor license?

(a) The board will give governmental jurisdictions approximately ninety days written notice of premises that hold annual liquor licenses in that jurisdiction that are up for renewal.

(b) Per RCW 66.24.010(8), if a governmental jurisdiction wants to object to the renewal of a liquor license in its jurisdiction, it must submit a letter to the board detailing the reason(s) for the objection and a statement of all facts on which the objections are based.

(c) This letter must be received by the board at least thirty days before the liquor license expires. The objection must state specific reasons and facts that show issuance of the liquor license at the proposed location or to the applicant business will detrimentally impact the safety, health, or welfare of the community.

(d) If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division.

(e) Objections from the public will be referred to the appropriate governmental jurisdiction for action under subsection (2) of this section. Upon receipt of the objection, the board licensing and regulation division will acknowledge receipt of the objection(s) and forward to the appropriate governmental jurisdiction. Such jurisdiction may or may not, based on the public objection, request nonrenewal.

(2) What will happen if a governmental jurisdiction objects to the renewal of a liquor license? The board will give due consideration to a governmental jurisdiction's objection to a liquor license renewal of a premises in its jurisdiction. Based on the governmental jurisdiction's input and any information in the licensing file, the board will decide to either renew the liquor license, or to pursue nonrenewal.

| (a) Board decides to renew the liquor license: | (b) Board decides to pursue nonrenewal of the liquor license: | | --- | --- | | (i) The board will notify the governmental jurisdiction(s) in writing of its intent to renew the license, stating the reason for this decision. | (i) The board will notify the licensee in writing of its intent to not renew the license, stating the reason for this decision. | | (ii) The governmental jurisdiction(s) may contest the renewal and request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW) by submitting a written request on a form provided by the board. The request must be received within twenty days of the date the intent to renew notification was mailed. | (ii) The licensee may contest the nonrenewal action and request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW) by submitting a written request on a form provided by the board. The request must be received within twenty days of the date the intent to deny notification was mailed. | | | (iii) If the licensee requests a hearing, the governmental jurisdiction will be notified. | | | (iv) During the hearing and any subsequent appeal process, the licensee is issued a temporary operating permit for the liquor license until a final decision is made. |

History

Statutory Authority: RCW 66.08.030. WSR 09-21-048, § 314-09-015, filed 10/14/09, effective 11/14/09. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 05-07-011, § 314-09-015, filed 3/4/05, effective 4/4/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.08.150. WSR 01-03-087, § 314-09-015, filed 1/17/01, effective 2/17/01.

Chapter 314-10 Sale and distribution of tobacco products.

Wash. Admin. Code § 314-10-010 General—Liquor and cannabis board responsibilities.

(1) The liquor and cannabis board shall regulate all sales and distribution of tobacco products pursuant to chapter 507, Laws of 1993. The liquor and cannabis board shall report all tobacco enforcement activity in a manner agreed by the department of health and the liquor and cannabis board on a quarterly basis or as set forth in the interagency agreement.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-10-010, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 93-23-016, § 314-10-010, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-030 Tobacco mechanical dispensing machines—Licensees without a liquor license—Records.

(1) Tobacco licensees who do not hold a liquor license and use a mechanical dispensing machine (vending machine) must provide to the board a listing denoting the address and specific location of each tobacco vending machine.

(2) The tobacco licensee with a vending machine(s) must notify the board in writing of any new proposed location(s) for a tobacco vending machine ten working days in advance of the move.

(3) Vending machines which dispense or store tobacco products may only be located in establishments where minors are prohibited, or in industrial worksites where minors are not employed in such locations. The vending machines used to dispense or store tobacco products must be located at least ten feet from each entrance and/or exit. The board may waive upon written request the "ten feet" requirement when permanent fixtures or the design of the room make it impractical to place a machine ten feet from each entrance and/or exit.

(4) Vending machines with an exception waiver shall have an endorsement posted on the vending machine license to denote that the board has granted an exception to the ten-foot rule.

History

Statutory Authority: RCW 66.08.030. WSR 95-04-044, § 314-10-030, filed 1/25/95, effective 2/25/95
WSR 93-23-016, § 314-10-030, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-040 How old do employees have to be to sell and handle cigarettes or tobacco products?

(1) Any employee can sell and handle tobacco products when:

(a) The business has a cigarette retailer's license; or

(b) The business has registered with the department of revenue; and

(2) If someone under fourteen years of age is employed by a retailer, the retailer must comply with the requirements of the department of labor and industries under RCW 26.28.060 and WAC 296-125-018.

(3) Having an employee under eighteen years of age who handles and sells cigarettes and tobacco products according to subsections (1) and (2) of this section is not:

(a) Considered "possessing" cigarettes and tobacco products and is therefore not a violation of RCW 70.155.080(1); or

(b) Considered "giving" the employee cigarettes and tobacco products and is therefore not a violation of RCW 26.28.080.

History

Statutory Authority: RCW 66.08.030. WSR 99-03-031, § 314-10-040, filed 1/13/99, effective 2/13/99
WSR 93-23-016, § 314-10-040, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-060 Persons under 18 years old attempting to purchase/obtaining tobacco products.

(1) Any person whom a peace officer or enforcement officer has reasonable grounds to believe is under 18 years of age who purchases or attempts to purchase, or attempts to obtain or obtains tobacco products may be detained for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. A person under 18 years of age who is cited for attempting to purchase or purchasing tobacco products is subject to a fine as set by chapter 7.80 RCW or participation in a smoking cessation program or both. This provision does not apply to a person under the age of 18 who, with parental authorization, is participating in a controlled purchase as a part of a liquor and cannabis board, law enforcement, or local health department activity.

(2) Tobacco products possessed by persons under the age of 18 years are considered contraband and may be seized by an enforcement officer as defined in RCW 7.80.040.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-10-060, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 93-23-016, § 314-10-060, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-080 Parents and guardians may not provide tobacco.

No person, including parents or legal guardians of persons under 18 years of age may authorize any minor to purchase or obtain tobacco products.

History

Statutory Authority: RCW 66.08.030. WSR 93-23-016, § 314-10-080, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-090 What tobacco products may be used for sampling promotions?

(1) No person may engage in providing samples of tobacco products other than cigarettes within Washington state.

(2) No person may engage in providing samples of cigarettes without a valid sampler's license. A firm contracting with a tobacco manufacturer to distribute samples of a manufacturer's product is deemed to be the person engaged in the business of sampling. The liquor control board will issue any sampler's licenses.

(3) The annual fee for a manufacturer's cigarette samplers license within the state is $500 and is designated a Class T1 license. The fee for independent businesses that provide samples of cigarettes is $50 and is designated a Class T2 license. All sampler's licenses expire on the 30th day of June each year and must be renewed annually.

In adopting the language of subsection (4) of this section, the board affirms that sampling does have a direct impact upon the availability of product to minors. Many sampling activities, because of the large volume of product offered, promote secondary distribution to bystanders, especially minors. Addiction to nicotine can occur quickly after the use of a relatively small amount of product. It is the board's intention to limit this amount thereby reducing the opportunity and potential for product to be redistributed to minors.

(4) A sample is the smallest portion representative of the product that is available for retail sales and distribution. T1 and T2 license holders may distribute samples of cigarettes pursuant to chapter 70.155 RCW and chapter 314-10 WAC as follows:

(a) Cigarettes: No more than one sample package may be furnished per eligible customer per day. Such sample shall not contain more than twenty cigarettes per sample package.

(b) T1 and T2 licensees that have sample packages available that contain fewer cigarettes than allowed by this section are encouraged to provide such alternative sizes.

History

Statutory Authority: RCW 66.08.030. WSR 08-20-109, § 314-10-090, filed 9/30/08, effective 10/31/08. Statutory Authority: RCW 70.155.110. WSR 96-19-018, § 314-10-090, filed 9/6/96, effective 10/7/96. Statutory Authority: RCW 66.08.030. WSR 93-23-016, § 314-10-090, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-100 How may cigarette sampling activity be conducted?

(1) The cigarette sampler's license entitles the licensee, and employees or agents of the licensee, to distribute samples at any lawful location in the state during the term of the license. The person engaged in sampling shall carry the Class T1 or T2 license or a copy of the license at all times and produce same at the request of an enforcement officer as defined in RCW 7.80.040.

(2) No person may distribute or offer to distribute samples in a public place. This prohibition does not apply to:

(a) An area to which persons under 18 years of age are denied admission,

(b) A store or concession to which a cigarette retailers license has been issued, or

(3) Notwithstanding subsection (2) of this section, no person may distribute or offer to distribute samples within or on a public street, sidewalk, or park that is within 500 feet of a playground, school, or other facility where that facility is being used primarily by persons under 18 years of age for recreational, educational or other purposes.

(4) Class T1 and T2 licensees shall provide the board, 45 days prior to a sampling event, the locations, dates and times sampling activities will take place.

(5) All T1 and T2 licensees must provide to the liquor and cannabis board, in a format prescribed by the board, a listing of the location, date, hours and quantities of cigarettes distributed in the state for the previous six months.

(a) A report for the period covering January 1st through June 30th of each year is due by no later than July 31st of each year.

(b) A report for the period covering July 1st through December 31st is due by no later than January 30th of the immediately following year.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-10-100, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 08-20-109, § 314-10-100, filed 9/30/08, effective 10/31/08
WSR 93-23-016, § 314-10-100, filed 11/5/93, effective 12/6/93.

Wash. Admin. Code § 314-10-110 Penalties, suspension notices, posting or advertising of—Other closing notices prohibited.

(1) The liquor and cannabis board may suspend or revoke a retailer's or sampler's license for violation of the board's administrative rules governing tobacco. Further, the board may impose a monetary penalty in lieu of license suspension for violation of said rules not covered by statute.

(2) Licensees are required to maintain compliance with all tobacco laws and regulations during any period of suspension. Whenever the board shall suspend the license of any licensee, the board shall on the date the suspension becomes effective cause to be posted in a conspicuous place on or about the licensed premises a notice in a form to be prescribed by the board, stating that the license or licenses have been suspended by order of board because of violation of the Washington state laws or the regulations.

(3) During the period of suspension:

(a) No person shall remove, alter, cover, or in any way disturb the posted notice(s) of suspension;

(b) No person shall place, permit or allow to be placed in, at, or upon the licensed premises, any notice or statement of reasons or purpose indicating that the premises have been closed or that sale of tobacco products has been discontinued for any reason other than as stated in the notice of suspension; Provided Further, That the prohibition of this subsection shall apply to any nearby or adjacent property, such as a parking lot area that is owned by or under the control of the licensee.

(c) Neither the licensee nor their employees shall advertise, either by newspaper, radio, television, handbill, brochure, flyer or by any means whatever, that the licensed premises are closed or discontinuing the sale of tobacco products for any reason(s) other than those stated in the board's suspension notices.

(4) A tobacco licensee may operate the business during the period of suspension provided there is no sale or distribution of tobacco products.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-10-110, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-10-110, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 93-23-016, § 314-10-110, filed 11/5/93, effective 12/6/93.

Chapter 314-11 General requirements for licensees.

Wash. Admin. Code § 314-11-005 What is the purpose of chapter 314-11 WAC?

Chapter 314-11 WAC outlines general requirements for liquor licensees, including:

(1) Licensee areas of responsibility;

(2) Restrictions against alcohol service to persons under twenty-one years of age and apparently intoxicated persons;

(3) Persons under twenty-one years of age entering a restricted area;

(4) Conduct on licensed premises;

(5) Mandatory signs;

(6) Hours of operation;

(7) Keeping liquor on licensed premises; and

(8) Record keeping requirements.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-005, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-015 Responsibilities as a liquor licensee.

(1)(a) Liquor licensees are responsible for the operation of their licensed premises in compliance with the liquor laws and rules of the board (Title 66 RCW and Title 314 WAC). Any violations committed or permitted by employees will be treated by the board as violations committed or permitted by the licensee.

(b) The penalties for violations of liquor laws or rules are in: WAC 314-29-015 through 314-29-035, as now or hereafter amended, for licensees; and WAC 314-17-105 and 314-17-110, as now or hereafter amended, for employees who hold mandatory alcohol server training permits. These rules also outline aggravating and mitigating circumstances that may affect what penalty is applied if a licensee or employee violates a liquor law or rule.

(2) Licensees and their employees also have the responsibility to conduct the licensed premises in compliance with the following laws, as they now exist or may later be amended:

• Titles 9 and 9A RCW, the criminal code laws;

• Title 69 RCW, which outlines the laws regarding controlled substances; and

• Chapters 70.155 and 82.24 RCW, and RCW 26.28.080 which outline laws regarding tobacco.

(3) Anyone involved in the selling or serving of alcohol, including the pouring of samples, for on-premises consumption must obtain a class 12 or class 13 alcohol server permit.

(4) Licensees have the responsibility to control their conduct and the conduct of employees and patrons on the premises at all times. Except as otherwise provided by law, licensees or employees may not:

(a) Be disorderly or apparently intoxicated on the licensed premises;

(b) Allow any disorderly person to remain on the licensed premises;

(d) Consume liquor of any kind while working on the licensed premises; except that:

(i) Entertainers per WAC 314-02-010 may drink while performing under the following conditions:

(A) Alcohol service must be monitored by MAST servers;

(B) Drinks must be served in unlabeled containers;

(D) Entertainers may not promote drink specials; and

(E) If any member of the entertainment group is under 21 years of age, alcohol may not be consumed by any member of the group while performing.

(ii) Licensed beer manufacturers and their employees may sample beer of their own manufacture for manufacturing, evaluating or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated;

(iii) Licensed wine manufacturers and their employees may:

(A) Sample wine for manufacturing, evaluating, or pricing product, so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public; and

(B) Sample wine of their own manufacture for quality control or consumer education purposes, so long as the licensee or employee does not become apparently intoxicated.

(e) Engage in, or allow others to engage in, conduct on the licensed premises which is prohibited by any portion of Titles 9, 9A, or 69 RCW;

(f) Engage in the consumption of any type of cannabis, useable cannabis, or cannabis-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee;

(g) Allow any person to consume any type of cannabis, useable cannabis, or cannabis-infused products in a liquor licensed business, including outdoor service areas or any part of the property owned or controlled by the licensee;

(h) Allow any person consuming, or who has consumed on any part of the licensed premises, any type of cannabis, useable cannabis, or cannabis-infused products to remain on any part of the licensed premises; or

(i) Sell or serve liquor by means of drive-through service from pickup or pass-through windows.

(5) Licensees have the responsibility to control the interaction between the licensee or employee and their patrons. At a minimum, licensees or employees may not:

(a) Solicit any patron to purchase any beverage for the licensee or employee, or allow a person to remain on the premises for such purpose;

(b) Spend time with, or permit any person to spend time with, any patron for direct or indirect compensation by a patron.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-11-015, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 2024 c 250 § 4 and 5. WSR 24-13-096, § 314-11-015, filed 6/18/24, effective 7/19/24. Statutory Authority: RCW 69.50.342 and 2022 c 16 § 168. WSR 22-14-111, § 314-11-015, filed 7/6/22, effective 8/6/22. Statutory Authority: RCW 66.08.030 and 66.24.360. WSR 19-03-061, § 314-11-015, filed 1/10/19, effective 8/1/19. Statutory Authority: RCW 66.08.030. WSR 14-02-002, § 314-11-015, filed 12/18/13, effective 1/18/14
WSR 11-22-035, § 314-11-015, filed 10/26/11, effective 11/26/11. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-11-015, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.291], 66.44.310. WSR 04-15-162, § 314-11-015, filed 7/21/04, effective 8/21/04. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-015, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-015, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-020 What are the guidelines regarding sales to persons under 21 years of age and where persons under 21 are allowed on a licensed premises?

(1) Per RCW 66.44.270, licensees or employees may not supply liquor to any person under 21 years of age, either for their own use or for the use of any other person.

(2) Per RCW 66.44.310, licensees or employees may not allow persons under 21 years of age to remain in any premises or area of a premises classified as off-limits to persons under 21. (See RCW 66.44.310 (1)(b) regarding nonprofit, private club licensees.)

(3) Per RCW 66.20.180, at the request of any law enforcement officer, a holder of a card of identification must present their card of identification if the person is on a portion of a premises that is restricted to persons over 21 years of age, or if the person is purchasing liquor, attempting to purchase liquor, consuming liquor, or in the possession of liquor. If the person fails or refuses to present a card of identification it may be considered a violation of Title 66 RCW and:

(a) The person may not remain on the licensed premises after being asked to leave by a law enforcement officer; and

(b) The person may be detained by a law enforcement officer for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-11-020, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.291], 66.44.310. WSR 04-15-162, § 314-11-020, filed 7/21/04, effective 8/21/04. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-020, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-020, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-025 Acceptable forms of identification.

(1) Acceptable forms of identification to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol must include:

(a) The identification holder's photo;

(b) The identification holder's date of birth; and

(c) The identification holder's signature, except on federally issued identification where a visible signature is not required.

(2) If the identification has an expiration date, it cannot be used to verify age after the expiration date.

(3) Acceptable forms of identification include:

(a) A driver's license, instruction permit, or identification card of any state, province of Canada, U.S. territory, or the District of Columbia, or an "identicard" issued by the Washington state department of licensing per RCW 46.20.117;

(b) A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents;

(c) A passport, passport card, Global Entry card, Permanent Resident card (commonly known as a "green card"), or NEXUS card;

(d) A Merchant Marine identification card issued by the United States Coast Guard; or

(e) An enrollment card issued by the governing authority of a federally recognized Indian tribe, if the enrollment card incorporates reasonable security features sufficient to deter counterfeiting, which may include features similar to those used by the department of licensing for standard Washington driver's licenses.

(i) An enrollment card must be approved by the board's enforcement division prior to use as an acceptable form of identification. The tribe may request approval by submitting the following for review and inspection:

(A) A letter requesting approval and describing the security features of the enrollment card;

(B) A physical sample of an enrollment card; and

(C) For tribes located outside of Washington, a contact phone number where enforcement officers may call at any time to verify the validity of the enrollment card.

(ii) After review and inspection, the board's designee will send a letter approving or denying the enrollment card as an acceptable form of identification.

(iii) The board may rescind approval if the enrollment card no longer meets the requirements of this section.

(4) Licensees must comply with all applicable state laws, including chapter 49.60 RCW, in the course of their operation. This rule does not authorize distinction or differential treatment on the basis of any protected class listed in RCW 49.60.030(1).

History

Statutory Authority: RCW 66.08.030, 66.20.330, 66.98.070, 69.50.342, and 69.50.345. WSR 25-21-035, s 314-11-025, filed 10/8/25, effective 11/8/25. Statutory Authority: RCW 66.08.030 and chapter 66.44 RCW. WSR 19-17-089, § 314-11-025, filed 8/21/19, effective 9/21/19. Statutory Authority: RCW 66.08.030. WSR 18-08-094, § 314-11-025, filed 4/4/18, effective 5/5/18. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-025, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.16.040. WSR 08-03-081, § 314-11-025, filed 1/16/08, effective 2/16/08. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-025, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-030 What if a person's identification meets the legal requirements but I still have doubts about their age?

(1) Per RCW 66.20.190 and 66.20.210, if a patron presents proper identification as outlined in WAC 314-11-025 but the licensee or employee still has doubts about the patron's age, the licensee or employee may require the patron to sign a certification card. Certification cards are provided by the board's enforcement and education division.

(2) The certification card must be completely filled out and filed alphabetically by the licensee or employee by the close of business on the day used. Certification cards are subject to examination by any law enforcement officer.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-11-030, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-030, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-030, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-035 What are the rules regarding sales to apparently intoxicated persons?

Per RCW 66.44.200, licensees or employees may not supply liquor to any person apparently under the influence of liquor, or allow an apparently intoxicated person to possess or consume liquor on the licensed premises.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-035, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-035, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-040 Permissible duties of an employee under 21 years of age on a licensed premises.

A person must be 21 years of age or older to be employed in the sale, handling, or service of liquor, except as provided in this chapter.

(1) Per RCW 66.44.340 and RCW 66.44.350, persons between 18 and 21 years of age may perform the following duties:

| | Duties 18, 19, and 20 year old employees may perform, as long as there is a person 21 years of age or older on duty supervising the sale of liquor | Duties 18, 19, and 20 years old employees may not perform | | | | --- | --- | --- | --- | --- | | (a) In a grocery store or beer/wine specialty shop: | ■ | Sell, stock, and handle beer and wine; and | Supervise employees who sell, stock, or handle beer and/or wine. | | | ■ | Deliver beer and/or wine to a customer's car with the customer (for the purposes of this rule, there is no minimum age requirement for an employee of a grocery store or a beer/wine specialty shop to deliver beer and/or wine to a customer's car with the customer). | | | | | (b) In a spirits retail business: | ■ | As long as there are at least two supervisors at least 21 years of age on duty, persons 18, 19, and 20 years old may sell, stock, and handle spirits. | Supervise employees who sell, stock, or handle spirits. | | | | ■ | Deliver spirits to a customer's car with the customer (for purposes of this rule, there is no minimum age requirement for an employee of a spirits retailer to deliver spirits to a customer's car with the customer). | | | | (c) In an establishment that sells liquor for on-premises consumption: | ■ | Take orders for, serve, and sell liquor in areas classified as open to persons under 21 years of age; and | Functions of a bartender, including: | | | | ■ | Enter areas designated as off-limits to persons under 21 years of age to perform duties such as picking up liquor for service in other parts of the establishment; cleaning up, setting up, and arranging tables; delivering messages; serving food; and seating patrons; provided the employee does not remain in the area any longer than is necessary to perform the duties. | ■ | Pouring spirits or mixing cocktails; | | | | ■ | Drawing beer or wine from a tap or spigot; | | | | | ■ | Opening or pouring beer or wine in an area classified by the board as off limits to any person under the age of 21; and | | | | | ■ | Providing an employee spirits or beer by the pitcher or glass, or wine by the carafe or glass for delivery to a customer. | | | (d) In a spirits retail business: | | | Supervise employees who sell, stock, or handle spirits. | |

(2) Per RCW 66.44.316 and 66.44.318, the following persons that are 18, 19, or 20 years of age may remain on licensed premises or portions of premises that are restricted from persons under 21 years of age, but only during the course of their employment:

(a) Persons performing janitorial services during the hours when there is no sale, service, or consumption of liquor on the premises;

(b) Employees of amusement device companies for the purpose of installing, maintaining, repairing, or removing any amusement device;

(c) Security or law enforcement officers and firefighters during the course of their official duties and if they are not the direct employees of the licensee; and

(d) Professional musicians, per WAC 314-11-045.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-11-040, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-11-040, filed 1/31/24, effective 3/2/24. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-040, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-040, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-040, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-045 Can musicians under twenty-one years of age entertain on a licensed premises that is restricted to persons twenty-one or older?

Per RCW 66.44.316 and 66.44.318, musicians, disc jockeys, and sound or lighting technicians paid by the licensee who are eighteen, nineteen, or twenty years of age may work in a licensed premises or a portion of a licensed premises that is restricted to persons twenty-one years of age or older, under the following conditions:

(1) The eighteen, nineteen, or twenty year-old musicians must remain on the stage or bandstand during their performance, except:

(a) Strolling musicians; and

(b) Disc jockeys and sound and lighting technicians may remain in locations as required to actively support the professional musician or disc jockey.

(2) The eighteen, nineteen, or twenty year-old musicians may not consume alcohol, and must have acceptable identification available for inspection at all times.

(3) The eighteen, nineteen, or twenty year-old musicians are permitted on the licensed premises no more than one hour prior to the start of their performance and not more than one hour after their performance, in order to properly set up and secure their equipment.

(4) During breaks, the eighteen, nineteen, or twenty year-old musicians may not remain in an area that is off-limits to persons under twenty-one years of age.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-045, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-045, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-055 What are the lighting requirements for a licensed premises?

On all portions of the premises where alcohol is served or consumed, licensees must maintain sufficient lighting so that identification may be checked and patrons may be observed for the enforcement of liquor laws and rules.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-055, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-060 What are the mandatory signs a licensee must post on a licensed premises?

(1) Notices regarding persons under twenty-one years of age must be posted on the premises as follows:

| Type of licensee | Sign must contain the following language: | Required location of sign | | --- | --- | --- | | Tavern licensees and spirits, beer, and wine licensees who do not allow persons under twenty-one years of age. | "Persons under twenty-one years of age not permitted on these premises." | Conspicuous location at each entry to premises. | | Restaurants that do not permit persons under twenty-one years of age on a portion of their premises. | "Persons under twenty-one years of age not permitted in this area." | Conspicuous location at each entry to a restricted area. |

The board will provide the required notices, or licensees may design their own notices as long as they are legible and contain the required language.

(2) Signs provided by the board warning of the possible danger of birth defects which may be caused as a result of the consumption of alcohol during pregnancy, must be posted as follows:

| Type of premises | Required location of sign | | --- | --- | | Premises that serve alcohol for on-premises consumption (does not apply to self-service "mini-bars" in hotel guest rooms). | Posted in plain view at the main entrance to the liquor licensed portion of the establishment, and in the women's public restrooms closest to the licensed area. | | Airports, convention centers, sports facilities, and other licensed premises that have more than one authorized location for alcohol service and consumption. | Posted in a place that is clearly visible to the majority of patrons entering the liquor licensed portion of the premises. | | Grocery store and beer/wine specialty shop licensees. | Posted at one or more of the following locations: ■ At each permanent display area of shelving and at coolers displaying alcohol beverages; and/or ■ At the cash register(s) where alcohol is sold; and/or ■ At the main entrance to the licensed premises. | | Breweries and wineries. | Posted in plain view at: ■ The main entrance to areas where alcohol is sold for off-premises consumption, and ■ At the main entrance to all tasting areas. |

(3) The premises' current and valid master license with appropriate endorsements must be conspicuously posted on the premises and available for inspection by liquor enforcement officers.

(4) Tobacco signage provided by the board must be posted (as outlined in WAC 314-10-020 and 314-10-030 as now or hereafter amended).

(5) Firearms prohibited signs provided by the board must be posted in each tavern and lounge (per RCW 9.41.300).

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-060, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-060, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-065 Types of liquor allowed on a licensed premises.

(1) Licensees may only possess and allow persons to consume or possess the type of liquor permitted by the type of liquor license held on the premises; except:

(a) Under authority of a banquet permit (see chapter 314-18 WAC);

(b) Restaurant licensees may allow patrons to bring wine into the premises for consumption with a meal;

(c) Beer and/or wine restaurant or tavern licensees may keep spirituous liquor on the premises for use in the manufacture of food products, provided that:

(i) All food products manufactured contain one percent or less of alcohol by weight (per RCW 66.12.160);

(ii) Customers are made aware that the food products contain liquor; and

(iii) The beer and/or wine restaurant or tavern licensee notifies the local liquor and cannabis board enforcement office in writing before they bring spirituous liquor on the premises;

(d) Under the authority of a special occasion license; and

(e) Licensees with an endorsement under WAC 314-20-350, 314-24-350, or 314-28-350 may keep other types of liquor on the premises to provide contract packaging services consistent with RCW 66.24.248.

(2) For on-premises liquor licenses, the licensee or employees may not permit the removal of liquor in an open container from the licensed premises, except:

(a) Liquor brought on a licensed premises under authority of a banquet permit may be resealed in its original container and removed at the end of the banquet permit function;

(b) Per RCW 66.24.320 and 66.24.400, wine that is sold with a meal may be recorked or resealed and removed from the premises;

(c) Liquor purchased by registered guests for consumption inside a hotel or motel room may be resealed in its original container and removed from the hotel or motel premises by the guest; and

(d) Liquor removed from a licensed premises that holds a caterer's endorsement, for the purpose of catering an approved event.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-11-065, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.24.248. WSR 22-19-035, § 314-11-065, filed 9/14/22, effective 10/15/22. Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-11-065, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.291], 66.44.310. WSR 04-15-162, § 314-11-065, filed 7/21/04, effective 8/21/04. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-065, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-065, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-070 During what hours can I sell or serve liquor?

(1) Between the hours of 2 a.m. and 6 a.m., licensees or employees may not:

(a) Sell liquor,

(b) Offer liquor for sale,

(c) Deliver liquor (except that beer and/or wine distributors may deliver beer and/or wine to retail licensees between the hours of 2 a.m. and 6 a.m.),

(d) Permit the removal of liquor from the premises;

(e) Allow liquor to be consumed on the premises; or

(f) Possess liquor, except that persons working on the premises may possess liquor between the hours of 2 a.m. and 6 a.m. while in the performance of their official duties.

(2) A local government subdivision may fix later opening hours or earlier closing hours than those specified in this rule, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction. See WAC 314-12-215(3) for exceptions when a premises is in a board recognized alcohol impact area.

History

Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.291], 66.44.310. WSR 04-15-162, § 314-11-070, filed 7/21/04, effective 8/21/04. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-070, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-070, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-072 Does my premises have to be open to the general public at all times?

Unless otherwise approved by the board, a retail licensed premises must be open to the general public whenever liquor is sold, served, or consumed.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-072, filed 5/9/02, effective 6/9/02.

Wash. Admin. Code § 314-11-080 Can liquor be substituted?

Liquor licensees or employees may not:

(a) Tamper, dilute, or fortify any bottle of spirituous liquor;

(b) Sell or serve any spirituous liquor, beer, or wine other than ordered; or

(c) Substitute a nonalcoholic beverage when an alcoholic beverage has been ordered (see WAC 314-11-035 regarding a licensee's responsibility to not serve liquor to an apparently intoxicated person).

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-080, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-085 Do I have to sell liquor at a certain price?

(1) Liquor licensees must sell beer, wine, and spirits at or above the licensee's acquisition cost.

(2) An exception to this requirement is that on-premises retail licensees may give a customer a drink free of charge under limited circumstances, such as a customer's birthday or to compensate for unsatisfactory products or services. Free liquor may not be used in advertising or as part of a promotion.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-085, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-085, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-090 Does the board have the right to inspect my premises?

Per RCW 66.28.090, the following must be available to inspection at all times by the board and any law enforcement officer:

(1) The licensed premises and any premises connected physically or otherwise to the licensed business;

(2) Records as outlined in WAC 314-11-095; and

(3) Liquor on the licensed premises for the purpose of analyzing samples (the licensee will be given a receipt for any product removed from the premises for this purpose).

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-090, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-095 What records am I required to keep regarding my licensed premises?

Licensees are responsible to keep records that clearly reflect all financial transactions and the financial condition of the business.

(1) All industry members and retailers shall keep and maintain the following records on their premises for a three-year period and the records must be made available for inspection if requested by an employee of the liquor and cannabis board, or by a person appointed in writing by the board for the purposes of administering or enforcing any provisions of Title 66 RCW or Title 314 WAC:

(a) Purchase invoices and supporting documents, to include the items and/or services purchased, from whom the items were purchased, and the date of purchase;

(b) Bank statements and canceled checks for any accounts relating to the licensed business;

(d) Records of all financial transactions related to the licensed business, including contracts and/or agreements for services performed or received that relate to the licensed business;

(e) Records of all items, services, and moneys' worth furnished to and received by a retailer and of all items, services, and moneys' worth provided to a retailer and purchased by a retailer at fair market value;

(f) Records of all industry member financial ownership or interests in a retailer and of all retailer financial ownership interests in an industry member; and

(g) Business entertainment records of industry members or their employees who provide either food, beverages, transportation, tickets or admission fees for or at athletic events or for other forms of entertainment to retail licensees and/or their employees.

(2) See additional rules for recordkeeping requirements specific to breweries and wineries: WAC 314-20-015(2), 314-20-050, 314-24-100, and 314-24-150 (as now or hereafter amended).

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-11-095, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-11-095, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, and 66.44.350. WSR 02-11-054, § 314-11-095, filed 5/9/02, effective 6/9/02. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-095, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-097 Credit on nonliquor food items—Conditions—Recordkeeping.

(1) Notwithstanding the provisions of WAC 314-12-140, persons licensed under RCW 66.24.200 as wine distributors and persons licensed under RCW 66.24.250 as beer distributors may sell at wholesale nonliquor food products on thirty days' credit terms to retailers. Complete and separate accounting records shall be maintained for a period of three years on all sales of nonliquor food products.

(2) Nonliquor food products include all food products for human consumption as defined in RCW 82.08.0293 as it exists on July 1, 1987, except that for the purposes of this section bottled water and carbonated beverages, whether liquid or frozen, shall be considered food products.

(3) For the purpose of this section, the period of credit is calculated as the time elapsing between the date of delivery of the product and the date of full legal discharge of the retailer, through the payment of cash or its equivalent, from all indebtedness arising from the transaction.

(4) If the board finds in any instance that any licensee has violated this section by extending or receiving credit in excess of the thirty days as provided for by this section, then all licensees involved shall be held equally responsible for such violation.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-097, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-11-097, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-11-100 Can the board or another government agency seize liquor?

Under the provisions of RCW 66.08.030(20), liquor enforcement officers and other peace officers are authorized to seize, confiscate, destroy or otherwise dispose of any liquor that is manufactured, sold, or offered for sale within the state in violation of the provisions of Title 66 RCW and/or Title 314 WAC.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-100, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-100, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-105 What can the board do with lawfully seized liquor?

(1) Per RCW 66.08.030(20) and chapter 66.32 RCW, the board may destroy lawfully seized liquor under the following conditions:

(a) The board must maintain a record of the type, brand, and amount of liquor seized for at least one year.

(b) The lawfully seized liquor may be destroyed only after:

(i) The board's charges of a violation of Title 66 RCW or board regulations have been sustained after an administrative proceeding pursuant to chapter 314-29 WAC as now or hereafter amended, in which the liquor to be destroyed has been the subject of, or evidence in, the administrative proceeding; or

(ii) The board's charges of a violation of Title 66 RCW or board regulations have been admitted or are not contested by the person from whom the liquor was seized and the liquor seized was the subject of the charged violation; or

(iii) The liquor was seized pursuant to lawful arrest and liquor was held as evidence in a criminal proceeding where a final disposition has been reached; or

(iv) When no administrative or judicial proceedings are held, all parties who claim a right, title, or interest in the seized liquor have been given notice and opportunity for a hearing to determine their right, title, or interest in the subject liquor. Claims of right, title, or interest in seized liquor must be made to the board, in writing, within 30 days of the date of seizure.

(2) If the liquor lawfully seized is in its original, sealed container, the board may either:

(a) Sell the unopened beer, wine, or spirits to the distributor selling the product at a negotiated price. The bill of sale must be kept for three years; or

(b) Upon written request from a law enforcement agency, provide the liquor to the law enforcement agency for bona fide training.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-11-105, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-105, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-105, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-11-110 What can government agencies other than the board do with lawfully seized liquor?

Under the provisions of chapter 66.32 RCW, government agencies may, after obtaining the approval of the board and under the supervision of the board, dispose of lawfully seized liquor as follows:

(1) The government agency may sell opened containers of lawfully seized liquor back to the spirits, beer, and wine restaurant licensee from whom seized if the licensee is going out of business and the liquor will be used for the personal use of the licensee.

(2) The government agency may sell unopened beer, wine, or spirits to the distributor selling the beer, wine, or spirits at a negotiated price. A copy of the inventory and bill of sale must be kept for three years.

(3) The government agency may sell unopened salable wine and/or beer to appropriately licensed retailers at a negotiated price under the following conditions:

(a) The product must meet the quality standards set forth by its manufacturer; and

(b) Copies of the inventory and bill of sale must be furnished the board.

(4) The government agency may ship the liquor out of the state of Washington.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-11-110, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-11-110, filed 2/26/01, effective 3/29/01.

Chapter 314-12 General—Applicable to all licensees.

Wash. Admin. Code § 314-12-010 License does not grant vested right.

The issuance of any license by the board shall not be construed as granting a vested right in any of the privileges so conferred, and a misrepresentation of fact found to have been made by the applicant or a licensee shall be deemed a lack of good faith and shall constitute good and sufficient cause for the disapproval of an application or the revocation or suspension of said license by the board.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-04-031 (Order 98, Resolution No. 107), § 314-12-010, filed 1/27/82
Rule 1, filed 6/13/63.

Wash. Admin. Code § 314-12-015 Receipt of liquor laws/rules summary.

Upon issuance of a liquor license under chapter 66.24 RCW, every licensee shall be issued a guide on liquor laws, regulations, and other pertinent information. Every licensee or designee of a licensee shall be required to sign a form provided by the board acknowledging receipt of the guide. The issuance of the guide to the licensee and the receipt of the licensee's signed acknowledgement signifies that the licensee is aware of the basic liquor law requirements and is able to operate their liquor business in such a fashion as to protect the public health, welfare and safety.

History

Statutory Authority: RCW 66.08.030. WSR 93-15-027, § 314-12-015, filed 7/12/93, effective 8/12/93
WSR 92-14-024, § 314-12-015, filed 6/22/92, effective 7/23/92.

Wash. Admin. Code § 314-12-020 Continuing conditions to hold a liquor license.

A person or entity must meet minimum required qualification to receive a liquor license, and must continue to meet the qualifications in order to maintain the liquor license.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-12-020, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.015, and 66.24.025. WSR 05-07-012, § 314-12-020, filed 3/4/05, effective 4/4/05. Statutory Authority: RCW 66.08.030, 66.24.010, 66.08.150. WSR 01-03-087, § 314-12-020, filed 1/17/01, effective 2/17/01. Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. WSR 96-03-004, § 314-12-020, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. WSR 93-15-024, § 314-12-020, filed 7/12/93, effective 8/12/93. Statutory Authority: RCW 66.08.030 and 66.24.010 (2)(b). WSR 90-24-007, § 314-12-020, filed 11/27/90, effective 12/28/90. Statutory Authority: RCW 66.08.030 and 66.08.050(2). WSR 83-18-071 (Order 129, Resolution No. 138), § 314-12-020, filed 9/7/83
Order 58, § 314-12-020, filed 8/9/77, effective 9/12/77
Order 43, § 314-12-020, Rule 1.5, filed 11/20/75
Order 36, § 314-12-020, filed 7/2/75
Rule 1.5, filed 6/13/63.

Wash. Admin. Code § 314-12-027 Financial interest and ownership.

Pursuant to the exceptions in chapter 66.28 RCW:

(1) An industry member or affiliate may have a financial interest in another industry member or a retailer, and a retailer or affiliate may have financial interest in an industry member unless such interest has resulted or is more likely than not to result in:

(a) Undue influence over the retailer or the industry member; or

(b) An adverse impact on public health and safety.

(2) The structure of any such financial interest must be consistent with the following:

(a) An industry member in whose name a license or COA has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed pursuant to RCW 66.24.320 through 66.24.570, but the industry member must form a separate legal entity to apply for the retail liquor license.

Example: ABC Inc. is the liquor licensee for ABC Winery. ABC Inc. has two officers and stockholders; John Doe, President and 50% stockholder, and Mary Smith, Secretary and 50% stockholder. ABC Inc. wants to purchase stock in a retail restaurant. ABC Inc. is not required to form a separate legal entity if the amount of stock purchased is 10% or less. If the amount of stock purchased is more than 10%, ABC Inc. must form a separate legal entity to purchase the stock. John Doe and/or Mary Smith as a sole proprietor, could purchase any amount of stock in a retail restaurant;

(b) A retailer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in manufacturer, importer, or distributor licensed under RCW 66.24.170, 66.24.206, 66.24.240, 66.24.244, 66.24.270(2), 66.24.200, or 66.24.250, but the retailer must form a separate legal entity to apply for the nonretail liquor license.

Example: Joe and Jane Smith own a grocery store and hold a grocery store liquor license under a sole proprietor legal entity. They want to purchase stock in a local winery. Joe and Jane Smith are not required to form a separate legal entity if the amount of stock purchased is 10% or less. If the amount of stock purchased is more than 10%, Joe and Jane Smith must form a separate legal entity (such as a corporation or limited liability company) to purchase the stock in the winery;

(c) A supplier in whose name a license or certificate of approval has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed as a distributor or importer under this title, but such supplier may not have a license as a distributor or importer issued in its own name.

Example: ABC Inc. is the liquor licensee for ABC Winery. ABC Inc. has two officers and stockholders; John Doe, President and 50% stockholder, and Mary Smith, Secretary and 50% stockholder. ABC Inc. wants to purchase stock in a distributor. ABC Inc. is not required to form a separate legal entity if the amount of stock purchased is 10% or less. If the amount of stock purchased is more than 10%, ABC Inc. must form a separate legal entity to purchase the stock. John Doe and/or Mary Smith as a sole-proprietor, could purchase any amount of stock in a distributor;

(d) A distributor or importer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed or holding a certificate of approval as a supplier under this title, but such distributor or importer may not have a license or certificate of approval as a supplier issued in its own name.

Example: B&W Distributing, LLC is the liquor licensee for BW Distributing. B&W Distributing, LLC wants to purchase stock in ABC Winery. B&W Distributing, LLC is not required to form a separate legal entity if the amount of stock purchased is 10% or less. If the amount of stock purchased is more than 10%, B&W Distributing, LLC must form a separate legal entity to purchase the stock in the winery.

(3) Any person may request a determination by the board as to whether a proposed or existing financial interest has resulted or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety by filing a complaint or request for determination with the board.

(a) The board may conduct an investigation as it deems appropriate in the circumstances.

(b) If the investigation reveals the financial interest has resulted or is more likely than not to result in undue influence or an adverse impact on public health or safety, the board may issue an administrative violation notice or a notice of intent to deny the license to the industry member, the retailer, or both.

The recipient of the administrative violation notice or notice of intent to deny the license may request an administrative hearing under chapter 34.05 RCW.

History

Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-12-027, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-12-030 Display of licenses.

(1) Pursuant to the requirements of RCW 66.24.010(1), any license issued shall be issued in the name(s) of the true party or parties in interest.

(2) All licenses (except certificates of approval and agent's licenses) shall be prominently displayed on the licensed premises.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-12-030, filed 5/31/17, effective 7/1/17
WSR 93-18-094, § 314-12-030, filed 9/1/93, effective 10/2/93
WSR 93-10-092, § 314-12-030, filed 5/4/93, effective 6/4/93
WSR 86-07-012 (Order 176, Resolution No. 185), § 314-12-030, filed 3/11/86
Order 58, § 314-12-030, filed 8/9/77, effective 9/12/77
Rule 2, filed 6/13/63.

Wash. Admin. Code § 314-12-035 Furnishing of information and/or documentation to the board.

(1) In order to facilitate the administration and/or enforcement of RCW 66.24.010, licensees, applicants for licenses, or the agents or representatives thereof shall, upon request by the board, furnish to the board copies of all documents affecting the ownership and/or proposed operation of the premises licensed or sought to be licensed. These documents may be required with the original license application, with any additional application, and at such other times as may be requested by the board. Licensees, applicants for licenses, or the agents or representatives thereof, shall furnish along with these documents a signed written summary of any oral agreements which affect the ownership and/or proposed operation of the premises licensed, or sought to be licensed. Failure or refusal to furnish said requested documentation will be good and sufficient cause for denial of any application in support of which the documentation was requested, and will be good and sufficient cause for revocation of any license held by a licensee who fails or refuses to furnish the said requested documentation.

(2) Written information and/or documentation requested by the board from any person for the purpose of administering and/or enforcing RCW 66.24.010, any person furnishing written information and/or documentation requested by the board may be required to submit an affidavit on a form prescribed by the board, which shall be signed by the person submitting the information, given under oath subject to the penalties of perjury, and certifying that all information and/or documentation being furnished is true, accurate and complete.

History

Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. WSR 96-03-004, § 314-12-035, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030. WSR 91-22-114, § 314-12-035, filed 11/6/91, effective 12/7/91. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-04-032 (Order 99, Resolution No. 108), § 314-12-035, filed 1/27/82.

Wash. Admin. Code § 314-12-040 Prorating and refunding of fees—Discontinuance of business.

(1) Unless otherwise provided by law, there will be no prorating of any license fee.

(2) Upon denial or withdrawal of an application for license, adoption or change of trade name, or change of location, the fee tendered therewith shall be returned: Provided, however, such return shall not apply to the nonrefundable $75 fee submitted with an application for a new annual retail license.

(3) When a license is suspended or canceled, or the licensed business is discontinued, no refund of the license fee shall be made.

(4) Upon discontinuance of business for 21 days or more by a licensee, they shall forthwith deliver up their license to the board, or representative of the board. A licensee who is not operating as a seasonal business and who has voluntarily discontinued sale of liquor in excess of 45 days will not be eligible for renewal of license for a subsequent year unless sale of liquor under the license is resumed on a permanent basis prior to the beginning of the next subsequent licensing period.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-12-040, filed 11/6/24, effective 12/7/24
WSR 88-16-025 (Order 257, Resolution No. 266), § 314-12-040, filed 7/27/88. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-10-020 (Order 103, Resolution No. 112), § 314-12-040, filed 4/28/82
Rule 3, filed 6/13/63.

Wash. Admin. Code § 314-12-050 Loss or destruction of licenses, permits, etc.—Fee.

Upon the loss or destruction of a license or permit issued by the board to purchase liquor, application for a duplicate must be made to the board. Fee: $5.00.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-12-050, filed 5/31/17, effective 7/1/17
WSR 85-24-040 (Order 168, Resolution No. 177), § 314-12-050, filed 11/27/85
Rule 4, filed 6/13/63.

Wash. Admin. Code § 314-12-070 Applications for currently licensed locations.

No application for any license shall be made except in conformance with RCW 66.24.010, and subject to the following conditions: The license applicant shall not take possession of the premises, nor exercise any of the privileges of a licensee, nor shall such application be effective until the board shall have approved the same.

History

Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-12-070, filed 5/31/17, effective 7/1/17. Statutory Authority: RCW 66.08.030, 66.24.010 and 66.24.025. WSR 96-03-004, § 314-12-070, filed 1/4/96, effective 2/4/96. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 90-24-008, § 314-12-070, filed 11/27/90, effective 12/28/90. Statutory Authority: RCW 66.08.030 and 1987 c 217. WSR 87-16-002 (Order 226, Resolution No. 235), § 314-12-070, filed 7/23/87. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-12-070, filed 10/28/81
Order 55, § 314-12-070, filed 5/31/77, effective 7/1/77
Rule 6, filed 6/13/63.

Wash. Admin. Code § 314-12-085 Self-dispensing wine machines and self-service beer taps.

(1) The requirements for an on-premises liquor licensee to use self-dispensing wine machines are as follows:

(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;

(b) Employees responsible for operating the self-dispensing machines must hold a class 12 or class 13 alcohol server permit;

(d) A service card to self-dispense must be purchased from an employee. The card may allow no more than a total of ten ounces dispensed in up to five ounce servings. No more than two cards may be purchased by any one customer at any time.

(2) The requirements for an on-premises liquor licensee to use self-service beer taps are as follows:

(a) The liquor licensee must maintain adequate staff to monitor for potential over service/consumption;

(b) Employees responsible for operating the self-service beer taps must hold a class 12 or class 13 alcohol server permit;

(d) The system must be programmed to automatically deactivate after the beer has been dispensed;

(e) The amount of beer purchased by any one customer at one time is twenty-four ounces dispensed in up to twelve ounce servings;

(f) Employees must have the ability to deactivate the system remotely, which allows the employee to control the amount of beer dispensed at all times.

History

Statutory Authority: RCW 66.08.030. WSR 18-11-002, § 314-12-085, filed 5/2/18, effective 6/2/18.

Wash. Admin. Code § 314-12-140 Prohibited practices—Contracts—Gifts—Rebates, etc.

WAC 314-12-140

(1) No industry member or retailer shall enter into any agreement which causes undue influence over another retailer or industry member. This regulation shall not be construed as prohibiting the placing and accepting of orders for the purchase and delivery of liquor which are made in accordance with the usual and common business practice and which are otherwise in compliance with the regulations.

(2) Except as permitted under RCW 66.28.310, no industry member shall advance and no retailer, any employee thereof, or applicant for a retail liquor license shall receive money or money's worth under any written or unwritten agreement or any other business practice or arrangement such as:

(a) Gifts;

(b) Discounts;

(d) Premiums;

(e) Rebates;

(f) Free liquor of any kind; or

(g) Treats or services of any nature whatsoever except such services as are authorized in this regulation.

(3) Pursuant to RCW 66.28.310 and 66.44.318 an industry member or licensed agent may perform the following services for a retailer:

(a) Build, rotate, and restock displays, utilizing filled cases, filled bottles or filled cans of its own brands only, from stock or inventory owned by the retailer.

(b) Rotate, rearrange or replenish bottles or cans of its own brands on shelves or in the refrigerators but is prohibited from rearranging or moving displays of its products in such a manner as to cover up, hide or reduce the space of display of the products of any other industry member.

(c) Industry members or any employees thereof may move or handle in any manner any products of any other manufacturer, importer or distributor on the premises of any retail licensee when a two-day notice is given to other interested industry members or their agents and such activity occurs during normal business hours or upon hours that are mutually agreed.

(d) Provide price cards and may also price goods of its own brands in accordance with the usual and common business practice and which are otherwise in compliance with the regulations.

(e) Provide point of sale advertising material and brand signs.

(f) Provide sales analysis of beer and wine products based on statistical sales data voluntarily provided by the retailer involved for the purpose of proposing a schematic display for beer and wine products. Any statistical sales data provided by retailers for this purpose shall be at no charge.

(g) Such services may be rendered only upon the specific approval of the retail licensee. Displays and advertising material installed or supplied for use on a retailer's premises must be in conformity with the board's advertising rules as set forth in chapter 314-52 WAC.

(h) Licensees holding nonretail class liquor licenses are permitted to allow their employees between the ages of 18 and 21 to stock, merchandise, and handle liquor on or about the:

(i) Nonretail premises if there is an adult 21 years of age or older on duty supervising such activities on the premises; and

(ii) Retail licensee's premises, except between the hours of 11:00 p.m. and 4:00 a.m., as long as there is an adult 21 years of age or older, employed by the retail licensee, and present at the retail licensee's premises during the activities.

Any act or omission of the nonretail class liquor licensee's employee occurring at or about the retail licensee's premises, which violates any provision of this title, is the sole responsibility of the nonretail class liquor licensee.

(4)(a) No industry member or employee thereof shall, directly or indirectly, give, furnish, rent or lend to, or receive from, any retailer, any equipment, fixtures, supplies or property of any kind, nor shall any retail licensee, directly or indirectly, receive, lease or borrow from, or give or offer to, any industry member any equipment, fixtures, supplies or property of any kind. Sales authorized in this regulation shall be made on a cash on delivery basis only.

(b) Licensees are permitted to engage in leases consistent with RCW 66.24.010(13), 66.28.295(16), and WAC 314-02-006.

(5) No industry member or employee thereof shall sell to any retail licensee or solicit from any such licensee any order for any liquor tied in with, or contingent upon, the retailer's purchase of some other beverage, alcoholic or otherwise, or any other merchandise, property or service.

(6) In selling equipment, fixtures, supplies or commodities other than liquor, no industry member shall grant to any retailer, nor shall such retailer accept, more favorable prices than those extended to nonlicensed retailers. The price thereof shall be not less than the industry member's cost of acquisition. In no event shall credit be extended to any retailer.

(7) Any industry member who sells what is commonly referred to as heavy equipment and fixtures, such as counters, back bars, stools, chairs, tables, sinks, refrigerators or cooling boxes and similar articles, shall immediately after making any such sales have on file and available for inspection, records including a copy of the invoice covering each such sale, which invoice shall contain the following information:

(a) A complete description of the articles sold;

(b) The purchase price of each unit sold together with the total amount of the sale;

(d) The date of such sale and affirm that full cash payment for such articles was received from the retailer as provided in subsection (4) of this section.

(8) If the board finds in any instance that any licensee has violated this regulation, then all licenses involved shall be held equally responsible for such violation.

| Note: | WAC 314-12-140 is not intended to be a relaxation in any respect of section 90 of the Liquor Act (RCW 66.28.010). As a word of caution to persons desiring to avail themselves of the opportunity to sell to retail licensees fixtures, equipment and supplies subject to the conditions and restrictions provided in section 90 of the act and the foregoing regulation, notice is hereby given that, if at any time such privilege is abused or experience proves that as a matter of policy it should be further curtailed or eliminated completely, the board will be free to impose added restrictions or to limit all manufacturers and distributors solely to the sale of liquor when dealing with retail licensees. WAC 314-12-140 shall not be considered as granting any vested right to any person, and persons who engage in the business of selling to retail licensees property or merchandise of any nature voluntarily assume the risk of being divested of that privilege and they will undertake such business subject to this understanding. The board also cautions that certain trade practices are prohibited by rulings issued under the Federal Alcohol Administration Act by the United States Bureau of Alcohol, Tobacco and Firearms, and WAC 314-12-140 is not intended to conflict with such rulings or other requirements of federal law or regulations. | | --- | --- |

History

Statutory Authority: RCW 66.04.010, 66.08.030, 66.24.010, 66.24.240, 66.24.244, 66.24.246, 66.24.400, 66.24.410, 66.24.420, 66.28.295, 2025 c 141, and 2026 c 196. WSR 26-18-093, s 314-12-140, filed 9/2/26, effective 10/3/26. Statutory Authority: RCW 66.08.030, 66.28.310 and 66.24.395. WSR 21-03-095, § 314-12-140, filed 1/20/21, effective 2/20/21. Statutory Authority: RCW 66.08.030. WSR 16-01-102, § 314-12-140, filed 12/16/15, effective 1/16/16. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-12-140, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. WSR 01-06-015, § 314-12-140, filed 2/26/01, effective 3/29/01. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-12-140, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 95-17-005, § 314-12-140, filed 8/3/95, effective 9/3/95
WSR 93-10-070, § 314-12-140, filed 5/3/93, effective 6/3/93. Statutory Authority: RCW 66.08.030(2). WSR 92-02-014, § 314-12-140, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 66.28.010. WSR 87-04-018 (Order 211, Resolution No. 220), § 314-12-140, filed 1/27/87. Statutory Authority: RCW 66.28.010 and 66.08.030 (2)(l). WSR 86-09-019 (Order 181, Resolution No. 190), § 314-12-140, filed 4/9/86. Statutory Authority: RCW 66.08.030. WSR 86-04-003 (Order 167, Resolution No. 176), § 314-12-140, filed 1/23/86. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 84-22-060 (Order 150, Resolution No. 159), § 314-12-140, filed 11/7/84
Order 46, § 314-12-140, Rule 13, filed 6/9/76
Rule 13, filed 6/13/63.

Wash. Admin. Code § 314-12-141 Courses of instruction.

Industry members conducting courses of instruction as authorized by RCW 66.28.150 may provide alcohol at no charge to licensees of the board, their employees, and invited guests who have a legitimate business interest in the manufacturing, importing, distributing and retailing of liquor.

History

Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-12-141, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-12-141, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 91-19-071, § 314-12-141, filed 9/16/91, effective 10/17/91.

Wash. Admin. Code § 314-12-146 Private label spirits.

Distillers, crafter distillers, spirit certificate of approval holders, and manufacturers of spirits may produce private label spirits for on-premises and off-premises spirits retailers under the following conditions:

(1) There may be no exclusivity between the producer and the retailer for the private label spirit product. The spirit product must be reasonably available to all spirits retailers licensed to sell spirits;

(2) A copy of the contract between the producer and the spirits retailer for all private label spirits products must be available to the board for inspection; and

(3) The distiller, craft distiller, spirit certificate of approval holder, or manufacturer of spirits must submit a TTB certificate of label approval for each private label produced to the board for review.

History

Statutory Authority: RCW 66.08.030. WSR 18-08-091, § 314-12-146, filed 4/4/18, effective 5/5/18.

Wash. Admin. Code § 314-12-150 Definitions—"Pasteurized beer," "gallon."

(1) "Pasteurized beer" shall mean beer which has been subjected to such process or processes in manufacture and packaging that in all cases all yeast cells or other microorganisms are killed, inactivated, or removed, thereby preventing any further fermentation or microbiological decomposition of the packaged beer which might otherwise take place.

(2) In addition to the usual and customary meaning above, "pasteurized beer" shall include bottle conditioned beer which has been fermented partially or completely in the container and which may contain residual active yeast.

(3) A "gallon," when used in computing any tax, shall mean the United States standard gallon of 231 cubic inches.

History

Statutory Authority: 1987 c 46. WSR 87-14-010 (Order 219, Resolution No. 228), § 314-12-150, filed 6/23/87, effective 7/26/87
Resolution No. 4, filed 5/5/65, effective 6/7/65
Rule 14, filed 6/13/63.

Wash. Admin. Code § 314-12-210 Chronic public inebriation and alcohol impact areas—Purpose.

(1) What is the purpose of the rules concerning chronic public inebriation and alcohol impact areas?

(a) The enabling statutes for the board are contained in chapter 66.08 RCW. These statutes authorize the board to exercise the police powers of the state for the protection of the welfare, health, peace, and safety of the people of Washington.

(b) The board's mandate to protect the welfare, health, peace, and safety of the people is to ensure that a liquor licensee conducts their business in a lawful manner and that the presence of a licensee's liquor sales does not unreasonably disturb the welfare, health, peace or safety of the surrounding community.

(c) The purpose of the rules concerning chronic public inebriation and alcohol impact areas is to establish a framework under which the board, in partnership with local government and community organizations, may act to mitigate negative impacts on a community's welfare, health, peace or safety that result from the presence of chronic public inebriation.

(d) For the purpose of these rules, chronic public inebriation exists when the effects of the public consumption of liquor or public intoxication occur in concentrations that endanger the welfare, health, peace or safety of a neighborhood or community.

(2) What do the rules concerning chronic public inebriation and alcohol impact areas seek to do? WAC 314-12-210 and 314-12-215 seek to:

(a) Establish an expanded local review process for liquor license applications, license assumptions, and renewals of active liquor licenses for businesses located within a recognized alcohol impact area;

(b) Establish standards under which the board may refuse to issue a liquor license; may refuse to permit a license assumption or renewal of a liquor license; may place conditions or restrictions upon the issuance, assumption or renewal of a license; or may place conditions or restrictions on an existing license located within the geographical boundaries of a recognized alcohol impact area; and

(c) Allow the board in specific circumstances to restrict the off-premises sale of certain liquor products or liquor product containers inside a recognized alcohol impact area.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-12-210, filed 11/6/24, effective 12/7/24
WSR 10-19-065, § 314-12-210, filed 9/15/10, effective 10/16/10. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 99-13-042, § 314-12-210, filed 6/8/99, effective 7/9/99.

Wash. Admin. Code § 314-12-215 Alcohol impact areas—Definition—Guidelines.

(1) What is an alcohol impact area?

(a) An alcohol impact area is a geographic area located within a city, town or county, and that is adversely affected by chronic public inebriation or illegal activity associated with liquor sales or consumption.

(b) The board may place special conditions or restrictions upon off-premises sales privileges, liquor products, applicants, license assumptions or licensees that sell liquor for off-premises consumption (see subsection (3) of this section).

(c) The board applies a unique investigative and review process when evaluating liquor license applications, license assumptions or renewals for businesses located in an alcohol impact area.

(2) How is an alcohol impact area formed? A local authority (that is, a city, town or county) must first designate an alcohol impact area by ordinance and make good faith efforts for at least six months to mitigate the effects of chronic public inebriation with such ordinance before petitioning the board to recognize an alcohol impact area. The board must recognize an alcohol impact area before any unique review process, condition or restriction described in this rule may be applied. A local authority must meet certain conditions to achieve board recognition of an alcohol impact area.

(a) The geographic area of an alcohol impact area must not include the entire geographic area under the jurisdiction of a local authority. However, when a local authority designates a street as a boundary, the board encourages that the local authority include both sides of the street for greater effectiveness.

(b) The local authority ordinance must explain the rationale of the proposed boundaries, and describe the boundaries in such a way that:

(i) The board can determine which liquor licensees are in the proposed alcohol impact area; and

(ii) The boundaries are understandable to the public at large.

(i) Submit findings of fact that demonstrate a need for an alcohol impact area and how chronic public inebriation or illegal activity associated with liquor sales or consumption within a proposed alcohol impact area:

(A) Contributes to the deterioration of the general quality of life within an alcohol impact area; or

(B) Threatens the welfare, health, peace or safety of an alcohol impact area's visitors or occupants;

(ii) Submit findings of fact that demonstrate a pervasive pattern of public intoxication or public consumption of liquor as documented in: Crime statistics, police reports, emergency medical response data, detoxification reports, sanitation reports, public health records, community group petitions, public testimony or testimony by current or former chronic public inebriates.

(d) Minimum requirements for an alcohol impact area petition packet:

(i) Litter/trash survey and documented results. A litter/trash survey must be conducted within the proposed alcohol impact area boundaries for at least a four week period. Litter/trash surveys must be completed a minimum of twice a week. Use a GIS data map, or similar tool, to point out the "hot spots" of heavy alcohol consumption based on the litter/trash survey. Provide a list of alcohol products found in the litter/trash survey.

(ii) Photographic evidence of litter and drinking in public.

(iii) Law enforcement testimonial(s). Law enforcement testimonial must be from at least one law enforcement officer who frequently works within the proposed alcohol impact area boundaries. A testimonial must discuss the impact of high alcohol content or volume products within the proposed alcohol impact area boundaries and how implementation of an alcohol impact area would benefit the community.

(iv) Letters of support submitted by neighborhood councils, local agencies, schools or universities, business associations, fire departments, local businesses, or private citizens in the community.

(v) Crime statistics and police reports. Crime statistics and police reports must show the statistics for alcohol-related criminal activity within the proposed alcohol impact area boundaries, and must show evidence linking specific products with chronic public inebriation activity.

(e) After reviewing the alcohol impact area petition packet, the board may request supplemental materials to prove the necessity of an alcohol impact area. The supplemental materials may include:

(i) Additional testimonials submitted by citizens who would be directly affected by the proposed alcohol impact area.

(ii) Emergency medical response data. This information must provide evidence that chronic inebriation within the proposed alcohol impact area requires an abnormally high amount of medical emergency care.

(iii) Sanitation reports. This information must provide evidence that chronic inebriation within the proposed alcohol impact area boundaries creates an abnormally high amount of sanitation problems.

(iv) Detoxification reports. This information must provide evidence that chronic inebriation within the proposed alcohol impact area requires an abnormally high amount of detoxification services.

(f) Submit documentation that demonstrates a local authority's past good faith efforts to control the problem through voluntary measures (see subsection (4) of this section). The voluntary compliance report must:

(i) Provide an executive summary of the results of the voluntary compliance period;

(ii) Provide evidence of the local authorities' efforts to control the problem through voluntary measures; and

(iii) Explain why the voluntary measures were not effective and how mandatory restrictions will help address the problem.

(g) Request additional conditions or restrictions and explain how the conditions or restrictions will reduce chronic public inebriation or illegal activity associated with off-premises sales or liquor consumption (see subsection (3) of this section).

(3) What conditions or restrictions may the board recognize for an alcohol impact area?

(a) Restrictions may include, but are not limited to:

(i) Limitations on business hours of operation for off-premises liquor sales;

(ii) Restrictions on off-premises sale of certain liquor products within an alcohol impact area; and

(iii) Restrictions on container sizes available for off-premises sale.

(b) The board has adopted a standardized list of products that will be banned in alcohol impact areas. The list can be found on the LCB website. The list contains products that are banned in the majority of current alcohol impact areas. Requests for additional product restrictions (for example, prohibition of sale of certain liquor products or container sizes) must originate from a local authority's law enforcement agency or public health authority, whereas restrictions affecting business operations (for example, hours of operation) may originate from a local authority's law enforcement agency, public authority or governing body. Product restrictions must be reasonably linked to problems associated with chronic public inebriation or illegal activity. Reasonable links include, but are not limited to: Police, fire or emergency medical response statistics; photographic evidence; law enforcement, citizen or medical-provider testimonial; testimony by current or former chronic public inebriates; litter pickup; or other statistically documented evidence.

(c) After the board has recognized an alcohol impact area the local authority may request the board approve additional products to their banned products list provided that the products are reasonably linked to the problems associated with chronic public inebriation or illegal activity. Reasonable links include, but are not limited to: Police, fire or emergency medical response statistics; photographic evidence; law enforcement, citizen or medical-provider testimonial; testimony by current or former chronic public inebriates; litter pickup; or other statistically documented evidence.

(d) A local authority may propose the removal of a condition, restriction or product from its alcohol impact area's restricted product list provided that a local authority demonstrates its reason (such as, a product is no longer produced or bottled) to the board in writing.

(4) What types of voluntary efforts must a local authority attempt before the board will recognize an alcohol impact area?

(a) A local authority must notify all off-premises sales licensees in a proposed alcohol impact area that:

(i) Behavior associated with liquor sales and associated illegal activity is impacting chronic public inebriation; and

(ii) Existing voluntary options are available to them to remedy the problem.

(b) A local authority's efforts must include additional voluntary actions. Examples include, but are not limited to:

(i) Collaborative actions with neighborhood citizens, community groups or business organizations to promote business practices that reduce chronic public inebriation;

(ii) Attempts to achieve voluntary agreements with off-premises sales licensees to promote public welfare, health, peace or safety;

(iii) Requesting licensees to voluntarily discontinue selling products that are considered contributing to the problem;

(iv) Distribution of educational materials to chronic public inebriates or licensees;

(v) Detoxification services;

(vi) Business incentives to discourage the sale of problem products; or

(vii) Change in land use ordinances.

(c) A local authority must implement these voluntary agreements for at least six months before a local authority may present documentation to the board that voluntary efforts failed to adequately mitigate the effects of chronic public inebriation and need augmentation.

(5) What will the board do once it recognizes an alcohol impact area?

(a) The board will notify, in a timely manner, the appropriate liquor distributors of the product restrictions.

(b) The board will notify, in a timely manner, all off-premises sales licensees in a proposed or existing alcohol impact area whenever the board recognizes, or recognizes changes to, an alcohol impact area (see subsection (7) of this section).

(6) What is the review process for liquor license applications, license assumptions, and renewals inside an alcohol impact area?

(a) When the board receives an application for a new liquor license or a license assumption that includes an off-premises sales privilege, the board will establish an extended time period of 60 calendar days for a local authority to comment upon the application.

(i) A local authority may, and is encouraged to, submit comment before the end of a comment period. A local authority may request an extension of a comment period when unusual circumstances, which must be explained in the request, require additional time for comment.

(ii) A local authority will notify a licensee or applicant when a local authority requests the board to extend a 60-day comment period.

(b) For renewals, the board will notify a local authority at least 90 calendar days before a current license expires. The same requirements in (a)(i) and (ii) of this subsection apply to the 90-day comment period for problem renewals. For the purposes of this section, a problem renewal means a licensee, a licensed business or a licensed location with a documented history of noncompliance or illegal activity.

(7) When and for how long will an alcohol impact area be in effect, and may an alcohol impact area be changed?

(a) An alcohol impact area takes effect on the day that the board passes a resolution to recognize an alcohol impact area. However, product prohibitions take effect no less than 30 calendar days after the board passes such resolution in order to give retailers and distributors sufficient time to remove products from their inventories.

(b) An alcohol impact area remains in effect until:

(i) A local authority repeals the enabling ordinance that defines an alcohol impact area;

(ii) A local authority requests that the board revoke its recognition of an alcohol impact area;

(iii) The board repeals its recognition of an alcohol impact area of its own initiative and following a public hearing; or

(iv) A local authority fails to comply with subsection (8) of this section.

(c) A local authority may petition the board to modify an alcohol impact area's geographic boundaries, repeal or modify an existing condition or restriction, or create a new condition or restriction. The board may agree to do so provided that a local authority shows good cause and submits supporting documentation as contained in subsections (2) and (3) of this section.

(d) Prohibition of a new product added to an existing prohibited products list takes effect no sooner than 30 calendar days following the board's recognition of a modified prohibited products list.

(8) Reporting requirements and five-year assessments.

(a) A year after the implementation of the alcohol impact area a local authority shall submit a report to the board that clearly demonstrates the intended effectiveness of an alcohol impact area's conditions or restrictions. The report is due no later than 60 calendar days following the first anniversary of the implementation of the alcohol impact area. The report must include the same categories of information and statistics that were originally used to request the alcohol impact area.

(b) The board will conduct an assessment of an alcohol impact area once every five years following the fifth, 10th, 15th, et cetera, anniversary of the board's recognition of the alcohol impact area. The five-year assessment process is as follows:

(i) Within 20 calendar days of receiving a local authority's fifth, 10th, 15th, et cetera, report, the board shall notify affected parties of the upcoming assessment, whereupon an affected party has 20 calendar days to comment upon, or petition the board to discontinue its recognition of, an alcohol impact area (see (d) of this subsection). Affected parties may include, but are not limited to: Liquor licensees, citizens or neighboring local authorities.

(ii) An affected party may submit a written request for one 20 calendar-day extension of the comment/petition period, which the board may grant provided that an affected party provides sufficient reason why they are unable to meet the initial 20-day deadline.

(iii) The board will complete an assessment within 60 calendar days following the close of the final comment/petition period.

(i) The same categories of information and statistics that were originally used to request the alcohol impact area; and

(ii) Comments or petitions submitted by affected parties.

An assessment may also include modifications that a local authority must make to an alcohol impact area as required by the board, or the board's reasons for revoking recognition of an alcohol impact area.

(d) To successfully petition the board to discontinue its recognition of an alcohol impact area, an affected party must:

(i) Submit findings of fact that demonstrate how chronic public inebriation or illegal activity associated with liquor sales or consumption within a proposed alcohol impact area does not or no longer:

(A) Contributes to the deterioration of the general quality of life within an alcohol impact area; or

(B) Threatens the welfare, health, peace or safety of an alcohol impact area's visitors or occupants;

(ii) Submit findings of fact that demonstrate the absence of a pervasive pattern of public intoxication or public consumption of liquor as documented in crime statistics, police reports, emergency medical response data, detoxification reports, sanitation reports, public health records or similar records; and

(iii) Demonstrate how the absence of conditions or restrictions will affect chronic public inebriation or illegal activity associated with off-premises sales or liquor consumption (see subsection (3) of this section).

(e) An affected party may submit a written request for one 20-day extension of the comment period, which the board may grant provided that an affected party provides sufficient reason why they are unable to meet the 20-day deadline.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-12-215, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-12-215, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 16-23-122, § 314-12-215, filed 11/21/16, effective 12/22/16
WSR 10-19-065, § 314-12-215, filed 9/15/10, effective 10/16/10. Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 99-13-042, § 314-12-215, filed 6/8/99, effective 7/9/99.

Wash. Admin. Code § 314-12-220 General review.

The board will initiate a study of the effectiveness of WAC 314-12-210 and 314-12-215 one year following recognition of the first AIA under these rules. The study, which shall take no more than ninety days, will recommend the continuation, modification, or repeal of these rules.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 99-13-042, § 314-12-220, filed 6/8/99, effective 7/9/99.

Wash. Admin. Code § 314-12-225 Severability.

If any provision of WAC 314-12-210 through 314-12-220 or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or the application of these rules which can be given effect without the invalid provision or application, and, to this end, the provisions of these rules are declared to be severable.

History

Statutory Authority: RCW 66.08.030 and 66.24.010. WSR 99-13-042, § 314-12-225, filed 6/8/99, effective 7/9/99.

Chapter 314-13 Retail licensees purchasing beer, wine, and spirits.

Wash. Admin. Code § 314-13-005 What is the purpose of chapter 314-13 WAC?

The purpose of chapter 314-13 WAC is to outline the procedures for retail licensees to purchase beer, wine, and/or spirituous liquor for resale.

History

Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. WSR 01-06-015, § 314-13-005, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-13-010 Who can retail licensees purchase beer, wine, and spirits from?

| | Definition | Who licensees can purchase from | | --- | --- | --- | | Beer | RCW 66.04.010(3) | • A licensed Washington distributor (including a licensed Washington brewery that distributes its own product) • A licensed certificate of approval holder with a direct shipping to Washington retailer endorsement | | Wine | RCW 66.04.010(46) | • A licensed Washington distributor (including a licensed Washington winery that distributes its own product) • A licensed certificate of approval holder with a direct shipping to Washington retailer endorsement • A Washington licensed grocery store with a wine retailer reseller endorsement | | Spirits | RCW 66.04.010(41) | • A Washington spirits distributor • A Washington licensed distiller or craft distiller • A licensed spirits certificate of approval holder with a direct shipping to retailer endorsement • A spirits retail licensee may sell to an on-premises licensee |

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-13-010, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-13-010, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-13-010, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. WSR 01-06-015, § 314-13-010, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-13-015 What method of payment can a retailer use to purchase spirits, beer, or wine from an industry member?

Per RCW 66.28.270, a retail licensee must pay cash for spirits, beer, and wine prior to or at the time of delivery by an industry member. The board will recognize the following forms of payment as cash payment for the purposes of this title, under the conditions outlined in this rule and in WAC 314-13-020.

(1) Checks, under the provisions of WAC 314-13-020.

(2) Credit/debit cards, under the following provisions:

(a) The credit or debit card transaction agreement must be voluntary on the part of both the retailer and the industry member, and there must be no discrimination for nonparticipation in credit or debit card transactions.

(b) A sale must be initiated by an irrevocable invoice or sale order before or at the time of delivery.

(c) Both parties must bear their respective banking costs or other costs associated with the credit or debit card service.

(d) Both parties must maintain records of transactions and have the records readily available for board review.

(e) The credit or debit card charge must be initiated by the industry member no later than the first business day following delivery.

(3) Electronic funds transfer (EFT), under the following provisions:

(a) The EFT agreement must be voluntary on the part of both the retailer and the industry member, and there must be no discrimination for nonparticipation in EFT.

(b) Prior to any EFT transaction, the retail licensee must enter into a written agreement with the industry member specifying the terms and conditions for EFT as payment for alcohol or nonalcohol beverages.

(d) Both parties must bear their respective banking costs or other costs associated with EFT service.

(e) Both parties must maintain records of transactions and have the records readily available for board review.

(f) The electronic funds transfer must be initiated by the retailer or industry member no later than the first business day following delivery and must be paid as promptly as is reasonably practical, and in no event later than five business days following delivery. Any attempt by a retailer to delay payment on EFT transactions for any period of time beyond the minimum as is reasonably practical will be considered an unlawful attempt to purchase products on credit.

(4) Prepaid accounts. Both parties must keep accurate accounting records of prepaid accounts to ensure a cash deposit is not overextended, which is considered an extension of credit.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-13-015, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-13-015, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. WSR 01-06-015, § 314-13-015, filed 2/26/01, effective 3/29/01.

Wash. Admin. Code § 314-13-020 What if a check, EFT transaction, or credit/debit card transaction is reported as having nonsufficient funds (NSF)?

Any transaction reported as having nonsufficient funds (NSF) will be considered an extension of credit, in violation of RCW 66.28.300. If a transaction is reported as NSF:

(1) The retailer must pay the full amount of the transaction to the industry member by 3 p.m. on the first business day following receipt of the NSF report.

(2) Until the NSF transaction is paid:

(a) The industry member or spirits retailer licensee who received the NSF transaction will not deliver any spirits, beer, or wine to the retailer; and

(b) It is the responsibility of the retailer to not receive any spirits, beer, or wine from any industry member or spirits retailer licensee.

History

Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-13-020, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-13-020, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.08.010, 66.16.040. WSR 01-06-015, § 314-13-020, filed 2/26/01, effective 3/29/01.

Chapter 314-16 Retail licensees.

Wash. Admin. Code § 314-16-020 Dispensing apparatus and containers—Furnishing of certain devices.

(1) Faucets, spigots, or other dispensing apparatus must be labeled with the correct brand name of the beer being drawn. Brewers and beer distributors may furnish "tap marking devices" to retail dispensers at a nominal value or cost to the brewer or beer distributor. Brewers and beer distributors may also furnish can and bottle openers to retail licensees at a nominal value or cost to the brewer or beer distributor.

(2) Every bottle or other container from which wine is sold by a retail licensee for consumption on a licensed premises must be labeled with the correct brand name, type and manufacturer's name of the wine. Wineries and wine distributors may furnish labels and "tap marking devices" or container marking devices and corkscrews to retail dispensers at a nominal value or cost to the winery or wine distributor.

History

Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-16-020, filed 2/26/01, effective 3/29/01. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-020, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 93-10-070, § 314-16-020, filed 5/3/93, effective 6/3/93
WSR 87-22-018 (Order 233, Resolution No. 242), § 314-16-020, filed 10/27/87
Rule 17, filed 6/13/63.

Wash. Admin. Code § 314-16-040 Drink menu.

No holder of a beer and/or wine restaurant license shall advertise for sale, nor sell, any mixed drink under the name of "Old Fashioned," "Whiskey Sour," "Singapore Sling," "Martini," "Manhattan," nor any other name which, by long and general usage, has become associated in the public mind as being the name of a mixed drink made from spirituous liquor, unless the name of such drink is prefaced by the word "wine," such as Wine Old Fashioned. The holder of a beer and/or wine restaurant license may advertise for sale, mix, compound or sell upon order, mixed drinks made from one or more wines under a name which does not conflict with this section.

History

Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-16-040, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-16-040, filed 2/26/01, effective 3/29/01. Statutory Authority: RCW 66.08.030, 66.24.010, 66.24.120. WSR 00-12-051, § 314-16-040, filed 6/5/00, effective 7/6/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-040, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 88-23-100 (Order 261, Resolution No. 270), § 314-16-040, filed 11/22/88
WSR 87-20-014 (Order 228, Resolution No. 237), § 314-16-040, filed 9/29/87
WSR 86-07-015 (Order 179, Resolution No. 188), § 314-16-040, filed 3/11/86
WSR 85-06-023 (Order 155, Resolution No. 164), § 314-16-040, filed 2/27/85. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 84-11-092 (Order 142, Resolution No. 151), § 314-16-040, filed 5/23/84. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070. WSR 80-02-094 (Order 69, Resolution No. 78), § 314-16-040, filed 1/23/80
Rule 19, filed 6/13/63.

Wash. Admin. Code § 314-16-110 Liquor purchases by spirits, beer, and wine licensees.

(1) Any employee authorized by the board may sell spirituous liquor at a discount of 15 percent from the retail price fixed by the board, together with all taxes, to any spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine club or sports/entertainment facility licensee upon presentation to such employee at the time of purchase of a special permit issued by the board to such licensee or through such other means of insuring identification of the authorized purchaser as are approved by the board. Prior to license delivery, a new licensee may, with board authorization, be sold discount liquor and beer and wine purchased under Title 66 RCW for the purpose of stocking the premises. The employee shall at the time of selling any spirituous liquor to a spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine club or sports/entertainment facility licensee make a record of the liquor so sold, together with the name of the spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine club or sports/entertainment facility licensee making the purchase. No sale of beer, wine, or spirituous liquor shall take place until the premises of the new licensee have been inspected by the board and the spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine club or sports/entertainment facility license is delivered.

(2) Every spirits, beer and wine restaurant, spirits, beer, and wine nightclub, spirits, beer, and wine club or sports/entertainment facility licensee, upon purchasing any spirituous liquor from the board, shall immediately cause such liquor to be delivered to their licensed premises, and they shall not remove or permit to be removed from said premises any bottle or other container containing such liquor, except pursuant to chapter 314-70 WAC or to return it to a state liquor store or agency, nor shall they dispose or allow to be disposed the liquor contained therein in any manner except as authorized by their license. A delivery service business may pick up more than one liquor order on the same day so long as each of said orders are delivered in the normal course of business on the same day without detour or diversion, except for those stops and deliveries as may be necessary to make deliveries to the other licensees whose order is also on the particular delivery vehicle. The possession of any bottle or other container purchased from the board at a discount by any person other than the licensee or said licensee's agents or employees who purchased the same, or the possession thereof at any place which is not the licensed premises of the licensee who purchased such liquor, shall be prima facie evidence that the licensee unlawfully permitted the removal thereof from their licensed premises. The licensee who permanently discontinues business, other than as a result of a legal distraint action, may remove open bottles of liquor from the premises for personal use upon payment to the board of an amount to be determined by the board in lieu of the discount and tax exemption in effect at that time.

(3) No licensee shall keep in or on the licensed premises any spirituous liquor which was not purchased from the board at a discount. Spirituous liquor not purchased at a discount from the board may be kept in or on the licensed premises under authority of a banquet permit issued pursuant to RCW 66.20.010(3) and chapter 314-18 WAC, but only during the specific date and time for which the banquet permit was issued. Notwithstanding any other provision of Title 314 WAC, a spirits, beer and wine licensee may display antique, unusual, or unique liquor bottles with or without liquor on the licensed premises if such bottles are used as part of the decor, and any such bottles containing liquor are locked securely in display cases, and are not for sale.

(4) No person, including anyone acting as the agent for another other than a spirits, beer and wine licensee shall keep or possess any bottle or other container containing spirituous liquor which was purchased from the board at a discount except as provided in subsection (2) of this section.

(5) All spirituous liquor in and on the licensed premises shall be made available at all times by every licensee for inspection by the board, and such licensee shall permit any authorized inspector of the board to make such tests or analyses, by spirit hydrometer or otherwise, as the inspector deems proper. Such inspectors are authorized to seize as evidence any bottles or other containers and the contents thereof which they have determined have been reused, refilled, tampered with, adulterated, diluted, fortified or substituted.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-16-110, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-16-110, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-110, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.070. WSR 87-02-012 (Order 209, Resolution No. 218), § 314-16-110, filed 12/30/86. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 84-15-061 (Order 147, Resolution No. 156), § 314-16-110, filed 7/18/84
WSR 84-02-066 (Order 136, Resolution No. 145), § 314-16-110, filed 1/4/84
WSR 83-01-029 (Order 116, Resolution No. 125), § 314-16-110, filed 12/8/82
WSR 82-17-022 (Order 109, Resolution No. 118), § 314-16-110, filed 8/9/82
Order 50, § 314-16-110, filed 11/30/76, effective 12/31/76
Order 19, § 314-16-110, filed 8/10/72
Rule 26, filed 6/13/63.

Wash. Admin. Code § 314-16-150 No sale of liquor to minors, intoxicated persons, etc.

(1) No retail licensee shall give or otherwise supply liquor to any person under the age of 21 years, either for their own use or for the use of their parent or of any other person; or to any person apparently under the influence of liquor; nor shall any licensee or employee thereof permit any person under the said age or in said condition to consume liquor on their premises, or on any premises adjacent thereto and under their control.

(2) No retail licensee shall permit any person apparently under the influence of liquor to physically possess liquor on the licensed premises.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-16-150, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-150, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 94-08-030, § 314-16-150, filed 3/30/94, effective 4/30/94
Rule 30, filed 6/13/63.

Wash. Admin. Code § 314-16-160 Purchases—Reports.

(1) Failure by industry members and retailers to keep accurate accounting records which result in the extension of or receipt of credit from an industry member through the use of a prior cash deposit which is overextended may result in administrative action being taken against the liquor license.

(2) Prior to license delivery, a new beer and/or wine retailer may, with board authorization, be sold beer and/or wine for the purpose of stocking the premises. No retail sale of beer and/or wine shall take place until the applicant premises have been inspected by the board and the liquor license is delivered.

History

Statutory Authority: RCW 66.08.030 and 66.24.600. WSR 10-01-091, § 314-16-160, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-16-160, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.28.100, 66.28.040, 66.28.090, 66.44.010, 66.44.070, 66.44.200, 66.44.270, 66.44.291, 66.44.292, 66.44.310, 66.44.316, 66.44.318, 66.44.340, 66.44.350, and chapter 66.44 RCW. WSR 01-06-014, § 314-16-160, filed 2/26/01, effective 3/29/01. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-160, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 88-23-101 (Order 270, Resolution No. 279), § 314-16-160, filed 11/22/88
WSR 87-04-017 (Order 210, Resolution No. 219), § 314-16-160, filed 1/27/87. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-17-022 (Order 109, Resolution No. 118), § 314-16-160, filed 8/9/82
Order 24, § 314-16-160, filed 6/28/73
Order 5, § 314-16-160, filed 8/7/69, effective 9/8/69
Rule 32, filed 6/13/63.

Wash. Admin. Code § 314-16-230 Authorization for sale of beer and/or wine in unopened bottles for off-premises consumption under special occasion license.

Authorization for the sale of unopened bottles and original packages of beer and/or wine not to be consumed on the premises where sold, as authorized by RCW 66.24.380, must be applied for to the board at the time the society or organization makes application for the special occasion license, and the board's written approval is required before any such sales are made.

History

Statutory Authority: RCW 66.8.030 [66.08.030]. WSR 13-07-005, § 314-16-230, filed 3/6/13, effective 4/6/13. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-16-230, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-16-230, filed 10/28/81.

Chapter 314-17 Mandatory alcohol server training.

Wash. Admin. Code § 314-17-005 What is the purpose of this chapter?

(1) RCW 66.20.300 through 66.20.350 set up a mandatory alcohol server training program. These laws require persons who serve, mix, sell, or supervise the service of, alcohol for on-premises consumption to hold one of two permits as outlined in this chapter.

(2) This chapter explains how a person receives a class 12 or 13 permit, and how a person may become certified to provide alcohol server training.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-005, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-005, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-010 Definitions.

The following definitions clarify the purpose and intent of the laws and regulations governing mandatory alcohol server training and chapter 314-17 WAC. Additional definitions are in RCW 66.04.010 and 66.20.300.

(1) "Alcohol server education program," "mandatory alcohol server training" or "mandatory alcohol server training program" means the set of policies and procedures developed and administered by the board to educate servers and enforce state liquor laws and regulations.

(2) "Permit holder" means a person who holds either a class 12 or 13 permit.

(3) "Provider" means a "training entity" as defined in RCW 66.20.300.

(4) "On-premises licensed facility" means any:

(a) Premises issued an annual license to sell or serve alcohol by the glass, by the drink, by samples or in original containers, primarily for consumption on the premises, or a premises holding a privilege for on-premises tasting activities, as authorized by Title 66 RCW;

(b) Distillery or craft distillery, licensed pursuant to RCW 66.24.140 or 66.24.145, that is authorized to serve samples of its own production; or

(5) "Student" means an individual enrolled in a class 12 or 13 training course.

(6) "Trainer" means an individual employed or authorized by a provider to conduct a training course.

(7) "Training course" means a board-certified mandatory alcohol server training class.

(8) "Training program" means a provider's curriculum administered by a provider or a trainer.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-17-010, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-010, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-010, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-015 Types of alcohol server training permits.

There are two types of permits for persons who serve, mix, sell, or who supervise the sale of, alcohol at an on-premises licensed facility.

| Class 12 permit | Class 13 permit | | | | --- | --- | --- | --- | | (1) | A class 12 permit holder must be at least 21 years of age. | (5) | A class 13 permit holder must be at least 18 years of age. | | (2) | A class 12 permit is required for any person who: | (6) | A class 13 permit is required for any person who: | | (a) | Manages an on-premises licensed facility to sell alcoholic beverages for on-premises consumption; | (a) | Takes orders for alcoholic beverages for on-premises consumption; | | (b) | Sells, mixes or draws from a dispensing device alcoholic beverages for on-premises consumption; or | (b) | Delivers alcoholic beverages to customers for on-premises consumption; or | | (c) | Supervises a class 13 permit holder. | (c) | Opens or pours beer or wine into a customer's glass without opening or pouring in an area classified by the board as off limits to any person under the age of 21. | | (3) | A class 12 permit includes all authorities granted under a class 13 permit. | (7) | See RCW 66.20.310 for exceptions for grocery store employees. | | (4) | See RCW 66.20.310 for exceptions for grocery store employees. | | |

(8) Upon a temporary absence of a class 12 permit holder, a class 13 permit holder may perform the functions of a class 12 permit holder until a class 12 permit holder arrives to fulfill those duties provided that a class 13 permit holder:

(a) Is 21 years of age or older; and

(b) Functions as a class 12 permit holder for no more than 30 calendar days per year.

(9) See RCW 66.44.310, 66.44.316, 66.44.318, and 66.44.350 for additional information about permissions and restrictions for 18 to 20-year-old persons.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-17-015, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.20.330, and 66.24.710(7). WSR 24-04-042, § 314-17-015, filed 1/31/24, effective 3/2/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-015, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-015, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-020 How long are class 12 and 13 permits good for?

(1) Class 12 and 13 permits are valid for five years. A class 12 or 13 permit expires on the first day of the month, five years following the month a student passes the standardized exam. For example, if a student passes the standardized exam on June 15, 2010, their class 12 or 13 permit will expire on July 1, 2015.

(2) A permit holder must retake a class 12 or 13 training course and pass the standardized exam to obtain a subsequent class 12 or 13 permit.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-17-020, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-020, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.290], 66.44.310. WSR 04-18-038, § 314-17-020, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-020, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-025 Requirement for permit holders to carry their class 12 or 13 permit.

(1) Any time a licensee or an employee performs the duties outlined in WAC 314-17-015 at an on-premises licensed facility, a licensee or an employee must have:

(a) Their class 12 or 13 permit on the retail licensed premises; and

(b) One form of identification (see WAC 314-11-025 for acceptable forms of identification).

(2) Both a class 12 or 13 permit and a form of identification must be available for inspection by any representative of the board, peace officer or law enforcement officer.

(3) A person shall be in violation if they falsify a class 12 or 13 permit or keeps or possesses a class 12 or 13 permit contrary to the provisions of this title.

(4) The name and personal identifying characteristics on a class 12 or 13 permit must match with those on a permit holder's form of identification.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-17-025, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 66.20.330, 66.98.070, 69.50.342, and 69.50.345. WSR 25-21-035, s 314-17-025, filed 10/8/25, effective 11/8/25. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-025, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-025, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-030 Are employers responsible for ensuring that their employees have class 12 or 13 permits?

Yes. Any person who holds a license to sell liquor at an on-premises licensed facility must ensure that any person who engages in the sale or service of liquor for on-premises consumption, or who supervises such activities, has a current and valid class 12 or 13 permit within 60 calendar days of the date of hire. See RCW 66.20.310 for exceptions for grocery stores that have an on-premises liquor license.

(1) A class 12 permit holder must be on an on-premises licensed facility to supervise the on-premises sale, service, and consumption of liquor.

(2) A class 12 or 13 permit is the sole property of a permit holder.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-17-030, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-030, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.290], 66.44.310. WSR 04-18-038, § 314-17-030, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-030, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-035 How are lost class 12 and 13 permits replaced?

To replace a lost class 12 or 13 permit or to replace a class 12 or 13 permit because of a name change, a permit holder must:

(1) Contact the provider or trainer who issued the class 12 or 13 permit; or

(2) Complete a class 12 or 13 permit replacement form, and submit that form and the appropriate fee to the board. The board will issue a new class 12 or 13 permit, which will have the same expiration date as the original class 12 or 13 permit.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-035, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-035, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-040 May an 18 to 20 year-old student who takes and passes a class 12 training course upgrade to a class 12 permit upon turning 21 without retaking the training course?

Yes.

(1) An 18, 19, or 20 year-old person may take a class 12 training course and pass the corresponding exam; however, they may be issued only a class 13 permit. Upon turning 21 years of age, such a person who obtains a class 13 permit after taking and passing a class 12 training course and exam may request that a provider or trainer upgrade their class 13 permit to a class 12 permit.

(2) The expiration date of an upgraded class 12 permit shall be the same expiration date as the original class 13 permit.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-17-040, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-040, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-040, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-045 How do I get a class 12 or 13 permit in Washington if I was trained in another state?

(1) If a person completes an alcohol server training course in another state and that training course is also certified in the state of Washington, they may receive a class 12 or 13 permit in Washington by completing the provider's board-certified Washington state supplement to the program and passing the standardized exam.

(2) A trainer or provider shall issue a class 12 or 13 permit, which will expire five years from the first day of the month following the date an original training course was taken. For example, if you complete a training course on June 15, 2010, your class 12 or 13 permit will expire on July 1, 2015.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-17-045, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-045, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-045, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-050 How do I become a provider?

(1) Application process, application materials, and briefing. To become a provider, you must submit an application to the board and brief board staff on the proposed training program. Application materials shall include:

(a) A completed application form provided by the board;

(b) A copy of the proposed curriculum for the training program (see WAC 314-17-060);

(d) A copy of all printed or printable (as in the case of an online training course) materials that will be provided to a student;

(e) An explanation of the examination procedures necessary to pass a training course;

(f) An explanation of how a student's identity shall be ensured for an online training course;

(g) A plan describing how a provider shall assess a trainer's work performance;

(h) A trainer's manual; and

(i) Documentation demonstrating a trainer's qualifications and education to teach a training course in the state of Washington.

(2) The board will respond within forty-five calendar days of receipt of the application materials, at which point the board will either:

(a) Issue certification; or

(b) Specify what additions or changes to make to a training program. If additions or changes are not received by the board within thirty calendar days, an application will be withdrawn.

(3) Temporary certification. The board may issue temporary certification once an applicant submits an application and briefs board staff.

(a) Temporary certification is valid for up to six months. During this time period, an applicant may adjust a training course outline or method of presentation without prior board approval provided that a training course continues to meet the standards set in WAC 314-17-060.

(b) The board may immediately revoke temporary certification if, in the board's opinion, an applicant fails to comply with a lesson plan as submitted and approved or with any of the requirements of this title.

(c) An applicant who fails to obtain permanent certification during the six-month temporary certification period shall be subject to the discontinuance of business requirements specified in subsection (10) of this section.

(4) The board may consider any information pertaining to a provider's certification in any state, including any certification suspensions or revocations in the past five years. The board, at its discretion and in consideration of public safety, may also consider criminal history, administrative violations, patterns of misconduct, and other applicable occurrences or circumstances when deciding to approve, deny, suspend or revoke a provider's certification.

(5) Appeal rights. See WAC 314-17-115.

(6) Standardized exam.

(a) Upon certification of a training program, the board will provide a standardized exam to be used for all training courses.

(b) With board approval, a provider or trainer may provide an additional exam or add questions to the standardized exam.

(c) The board or its designee may attend any in-person training course or take any online training course at no charge for evaluation purposes.

(7) A provider must receive approval from the board before making any changes to training course content or method of presentation.

(8) Qualifying and continuing education.

(a) A provider must ensure that its trainers are qualified to teach a training course in the state of Washington, and that its trainers are current of new Washington state laws and regulations and science and industry advances pertaining to alcohol service. As part of this effort, a trainer must attend a board-provided conference or a provider-sponsored education workshop, or complete a board-approved professional online or long distance program, before receiving certification and then at least once every five years thereafter.

(b) At a minimum, an education or continuing-education conference, workshop or program shall address current Washington state liquor laws and regulations, mandatory alcohol server training rules and procedures, and legal liabilities for servers.

(c) The board may conduct at least one seminar in each provider-sponsored education workshop performed in the state of Washington.

(d) A provider must obtain documentation that verifies a trainer's completion of an education or continuing-education conference, workshop or program, as well as documentation showing the subjects covered at such conference, workshop or program (see WAC 314-17-085).

(e) A provider must supply a trainer with a trainer's manual. A provider must also revise a manual within thirty calendar days following:

(i) The effective date of a new applicable state law or regulation; or

(ii) Receipt of new or updated information from the board.

(9) Certificate expiration and recertification. Each certification is valid for up to five years. A provider may be recertified by reapplying at least forty-five days prior to expiration and in accordance with subsections (1) and (2) of this section.

(10) Discontinuance of business. When a provider discontinues its training program, a provider must reconcile class 12 and 13 permit form records to the board's satisfaction and return all unused class 12 and 13 permit forms to the board.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-050, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290], 66.44.310. WSR 04-18-038, § 314-17-050, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-050, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-060 What are the course standards, course content, and other requirements for class 12 or 13 training programs?

Class 12 and 13 training courses shall have the standards and requirements as stipulated in RCW 66.20.320 and in this section.

(1) Subjects. Each class 12 or 13 training course and accompanying workbook shall include:

(a) Those subjects listed in RCW 66.20.320;

(b) Washington state liquor laws and regulations;

(d) Legal hours of liquor sale and service;

(e) Prohibited conduct by patrons and employees;

(f) Required signs at on-premises licensed facilities;

(g) Minimum lighting requirements; and

(h) Administrative and criminal sanctions against liquor licensees and permit holders, including permit suspension for delinquent child support payment.

(2) Administrative materials. Before beginning a class 12 or 13 training course, each student shall receive:

(a) An enrollment agreement that clearly states the obligations of a trainer and a student, refund policies, and procedures to terminate enrollment;

(b) A statement that says, "If you have questions, comments or complaints about the program, please contact the Liquor and Cannabis Board," and includes the appropriate board contact information; and

(3) A provider or trainer is prohibited from stating or implying that the state of Washington, the board or any other state agency endorses or recommends one provider's program over another's program.

(4) Student evaluation of training course. A student evaluation for each in-person or online training course is required. A trainer shall provide a separate course evaluation form to each student enrolled in an in-person training course, and a form shall include the board's contact information.

(5) Exams. Exams shall be administered following each class 12 or 13 training course.

(a) An exam must demonstrate a student's familiarity with all of the subjects listed in subsection (1) of this section.

(b) A student may not refer to any written, video or online material, or have an in-person or online discussion with another person, during an exam. However, a trainer may allow a student to use an interpreter.

(6) Online training courses. Effective December 1, 2010, the board allows class 12 and 13 online training courses subject to additional requirements.

(a) A provider must take extra measures to ensure the identity of each student. Extra measures include obtaining the log-in and log-off times (see WAC 314-17-085). Other ways to prevent fraudulent test taking may include, but are not limited to:

(i) Allowing a student to access an examination only once per training course;

(ii) Discontinuing an examination if it stays idle for 30 minutes or more or if another program is accessed; or

(iii) Asking each student personal identifying questions.

(b) A trainer shall be available to answer questions during standard business hours via the internet, telephone or some other method.

(7) Length of class. Excluding exam time, a training course shall be at least three hours in length.

(8) Presentation method. A presentation method may be in-class or online.

(9) Student workbook.

(a) A student workbook must contain accurate, current, and complete information.

(b) A provider must update student workbooks and other training course material within 30 calendar days following:

(i) The effective date of a new applicable state law or regulation; or

(ii) Receipt of new or updated information from the board.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-17-060, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-17-060, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-060, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.290], 66.44.310. WSR 04-18-038, § 314-17-060, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-060, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-065 How does a provider receive certification for its trainers?

(1) To certify one of its trainers, a provider must complete a form provided by and returned to the board.

(2) A provider will contract only with a trainer who:

(a) Has a minimum of two years of post-secondary education in, or equivalent years of work experience in, one or more of the following fields:

(i) Training;

(ii) Education;

(iii) Law;

(iv) Law enforcement;

(v) Substance abuse rehabilitation; or

(vi) Sale and service of alcoholic beverages;

(b) Holds a class 12 permit;

(d) Meets the continuing education requirements (see WAC 314-17-050).

(3) The board may consider any information pertaining to a trainer's certification in any state, including any certification suspensions or revocations in the past five years. The board, at its discretion and in consideration of public safety, may also consider criminal history (see WAC 314-17-070), administrative violations, patterns of misconduct, and other applicable occurrences or circumstances when deciding to approve, deny, suspend or revoke a trainer's certification.

(4) The board will respond to a request for trainer certification within 30 calendar days of receipt of a request, and then will either certify an applicant trainer or explain why an applicant trainer fails to meet the qualifications.

(5) A trainer may not begin to teach a training course until a trainer receives their certification from the board.

(6) A trainer must teach a provider's training program in its entirety as approved, and may not change the method of presentation or course content without approval from a provider and the board.

(7) It is the responsibility of a provider to keep the board informed of its current trainers. In this effort, a provider must notify the board within 72 hours of the termination of a trainer or within 72 hours of when a provider is notified that a trainer has terminated their employment.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-17-065, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-065, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.290], 66.44.310. WSR 04-18-038, § 314-17-065, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-065, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-070 What criminal history would prevent a person from receiving certification to be a trainer?

(1) The board may investigate the criminal history of a person applying for trainer certification. The board may also use a point system and deny an application if an applicant's criminal history totals eight or more points. Points are set as follows:

| Description | Time period during which points will be assigned | Points the board will assign | | --- | --- | --- | | Felony conviction | 10 years | 12 points | | Currently under federal or state supervision for a felony conviction | n/a | 8 points | | Gross misdemeanor conviction | 3 years | 5 points | | Driving under the influence conviction | 3 years | 5 points | | Misdemeanor conviction | 3 years | 4 points | | Nondisclosure of any of the above | n/a | 4 points |

(2) For pending criminal charges that would score eight or more points in the event of conviction, the board shall postpone its approval or denial decision pending disposition of the matter. If the matter remains unresolved after ninety calendar days, the board will withdraw an application.

(3) Appeal rights. See WAC 314-17-115.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-070, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290], 66.44.310. WSR 04-18-038, § 314-17-070, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-070, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-075 How does a provider get class 12 or 13 permit forms?

A provider (or a trainer with authorization from a provider) may purchase class 12 or 13 permit forms by submitting an order form to the board.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-075, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-075, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-080 What should a provider or a trainer do when a class 12 or 13 permit is issued in error?

(1) If a provider or trainer issues a class 12 permit in error to a student under twenty-one years of age, a provider or trainer must initiate corrective actions within one business day of discovery of an error.

(a) Contact a student and notify him or her that a permit was issued in error.

(b) Retrieve the original class 12 permit from a student.

(d) Provide the tear-off portion of a corrected class 13 permit to the board.

If unable to contact a student and issue a corrected permit, a provider or trainer must provide the board with proof that a certified letter was sent to a student who received a class 12 permit in error.

(2) If a provider or trainer issues a class 13 permit in error to a student under eighteen years of age, a provider or trainer must initiate corrective actions within one business day of discovery of the error.

(a) Contact a student and notify him or her that a class 13 permit was issued in error.

(b) Retrieve a class 13 permit from a student.

If unable to contact a student and retrieve an invalid class 13 permit, a provider or trainer must provide the board with proof that a certified letter was sent to a student informing him or her that a class 13 permit was issued in error and that serving liquor with an unauthorized permit may be cause for a criminal citation.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-080, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290], 66.44.310. WSR 04-18-038, § 314-17-080, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-080, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-085 What records must a provider or trainer submit to the board or keep on file?

(1) A provider (or a trainer on a provider's behalf) shall submit a list of students receiving class 12 or 13 permits and additional permit information to the board within thirty calendar days of completion of each training course. Information shall be submitted using a format supplied or stipulated by the board.

(2) Within thirty calendar days of a student completing a class 12 or 13 training course and passing the standardized exam, a provider (or a trainer on a provider's behalf) must:

(a) Issue a class 12 or 13 permit to a student; and

(b) Submit a session roster showing each student's name and assigned permit number in a format supplied by the board; and

(3) A provider must keep certain records and information at its place of business for a period of five years. Records and information must be available for board inspection, and they shall include:

(a) A session roster showing the student information and assigned permit number of each student who successfully completes an online or in-person training course, and the date and time of completion;

(b) The permit number for any voided permit;

(d) Each student's examination answers; and

(e) The log-in and log-off times.

(4) A provider (or a trainer on a provider's behalf) must provide the following information to the board upon request:

(a) Advance notice of any prescheduled training courses;

(b) Copies of program publications, brochures, pamphlets, scripts or any other advertising materials related to a training course; and

(c) Documentation that verifies a trainer's attendance at a continuing education conference or workshop (see WAC 314-17-050).

(5) Securing records and information.

All training course records that contain information about a student must be safely secured and maintained.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-085, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290], 66.44.310. WSR 04-18-038, § 314-17-085, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-085, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-090 Prohibited conduct by providers and trainers.

No provider or trainer shall:

(1) Make any false material statement or misleading statement to induce or prevent board action;

(2) Falsify, alter or tamper with any material or records associated with a training program, training course or class 12 or 13 permit; or

(3) Prohibit or interfere with on-site observation by the board or fail to assist the board in scheduling an observation.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-090, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-090, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-095 What must a provider do when a trainer violates a liquor law or regulation?

(1) The board may hold a provider responsible when any of its trainers, authorized personnel or representatives violate any state liquor law or regulation affecting provider privileges whether through a specific action or through an act of omission.

(2) When a trainer fails to comply with a provision of the alcohol server education program requirements, a provider must:

(a) Correct a violation immediately;

(b) Notify the board of discovery as soon as possible, but no later than five calendar days following discovery; and

(c) Create an action plan to prevent further violations and submit that plan to the board within ten calendar days of discovery.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-095, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [66.44.290], 66.44.310. WSR 04-18-038, § 314-17-095, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-095, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-100 What are the penalties when a provider or a trainer violates a liquor law or regulation?

The board may suspend or revoke a provider or trainer certification if a provider or a trainer violates any of the provisions of RCW 66.20.300 through 66.20.350 or of chapter 314-17 WAC or if the board determines that immediate suspension or revocation is in the public interest. The board may also penalize a provider or trainer as follows:

| (1) First violation | (a) A provider or a trainer will receive a notice of intended suspension or revocation of the board's certification or authorization. (b) A provider or a trainer will correct any violation as soon as possible, but no later than thirty calendar days following receipt of a notice of intended suspension or revocation. (c) If a violation or problem is rectified, no further action will be taken. | | --- | --- | | (2) First violation unresolved or second violation occurs within a three-year period | (a) The board will suspend a provider's or a trainer's certification for up to six months. (b) A monetary penalty of up to five hundred dollars may be imposed in lieu of suspension. (c) Prior to lifting a suspension or accepting a monetary penalty, a provider or a trainer must correct the problem(s) that caused a proposed suspension. | | (3) Successive violations within a three-year period | The board may cancel or suspend the approval, certification or both, of a provider or a trainer for up to five years. |

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-100, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-100, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-105 Penalties when a permit holder violates a liquor law or regulation.

Penalties assessed for violations within a three-year period will normally be as follows:

| Violation Type | 1st Violation | 2nd Violation | 3rd Violation | 4th Violation | | --- | --- | --- | --- | --- | | after hours: Selling, serving or allowing alcohol to be consumed between 2 a.m. and 6 a.m. See WAC 314-11-070. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | disorderly conduct: Disorderly conduct by a licensee or employee, or allowing patrons to engage in disorderly conduct. See WAC 314-11-015. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | falsification of permit: Falsifying a class 12 or 13 permit or possessing a class 12 or 13 permit contrary to this title. See RCW 66.20.310 and WAC 314-17-025. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | intoxicated persons: Selling or serving to an apparently intoxicated person or allowing such a person to possess or consume alcohol. See RCW 66.44.200 and WAC 314-11-035. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | miscellaneous: Violation of other retail liquor laws or regulations. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | minors: Selling or serving alcohol to a person under twenty-one years of age. See RCW 66.44.310 and WAC 314-11-020. | 5-day permit suspension or $200 monetary option | 10-day permit suspension or $400 monetary option | 30-day permit suspension or $500 monetary option | Revocation of permit | | minors: Allowing a person under twenty-one years of age to frequent a restricted premises or area. See RCW 66.44.310 and WAC 314-11-020. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | obstructing an officer: Obstructing a law enforcement officer, or failure to allow an inspection. See RCW 66.28.090. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | other violation of laws: Conviction of liquor laws, driving under the influence or felony. | 5-day permit suspension or $100 monetary option | Revocation of permit | | | | permit: Failure to produce permit or identification upon request. See RCW 66.20.310 and 66.20.180. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit | | private clubs: Prohibitions involving club liquor and use by the general public. See WAC 314-40-010. | 5-day permit suspension or $100 monetary option | 10-day permit suspension or $200 monetary option | 30-day permit suspension or $400 monetary option | Revocation of permit |

History

Statutory Authority: RCW 66.08.030 and 2024 c 250 § 4 and 5. WSR 24-13-096, § 314-17-105, filed 6/18/24, effective 7/19/24. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-105, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.12.160, 66.44.010, 66.44.200, 66.44.240, 66.44.270, 66.24.291 [ 66.44.290], 66.44.310. WSR 04-18-038, § 314-17-105, filed 8/25/04, effective 9/25/04. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-105, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-110 Sanctions or penalties beyond those described in WAC 314-17-105.

(1) Based on aggravating or mitigating circumstances, the board may impose a different penalty or suspension than the standard penalties and suspensions described in WAC 314-17-105.

(2) Examples of aggravating and mitigating circumstances include, but are not limited to:

| (a) | Examples of aggravating circumstances that may cause a more severe penalty: | (b) | Examples of mitigating circumstances that may allow a less severe penalty: | | --- | --- | --- | --- | | • | Patron's identification not checked; | • | Permit holder checked one of the acceptable forms of identification (see WAC 314-11-025); | | • | Noncooperation with or obstruction of any law enforcement officer; | • | Cooperation with law enforcement officer(s); | | • | Permit holder did not call law enforcement officer when requested by a customer or a board employee. | • | Permit holder used a licensee certification card (see RCW 66.20.190). |

History

Statutory Authority: RCW 66.08.030, 66.20.330, 66.98.070, 69.50.342, and 69.50.345. WSR 25-21-035, s 314-17-110, filed 10/8/25, effective 11/8/25. Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-110, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-110, filed 1/17/01, effective 2/17/01.

Wash. Admin. Code § 314-17-115 Appeal rights.

Any person whose class 12 or 13 permit, trainer certification or provider certification is denied, revoked or suspended may request an adjudicative hearing under the provisions of the Administrative Procedure Act (chapter 34.05 RCW). The board may conduct an adjudicative hearing itself or refer the matter to the office of administrative hearings.

History

Statutory Authority: RCW 66.08.030 and 66.20.330. WSR 10-12-124, § 314-17-115, filed 6/2/10, effective 7/3/10. Statutory Authority: RCW 66.08.030, 66.20.300, 66.20.310, 66.20.320, 66.20.330, 66.20.340, 66.20.350. WSR 01-03-085, § 314-17-115, filed 1/17/01, effective 2/17/01.

Chapter 314-18 Banquet permits.

Wash. Admin. Code § 314-18-010 Banquet permits—Authorized.

Pursuant to the provisions of RCW 66.20.010, the board may issue banquet permits in accordance with the following rules.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-010, filed 8/4/82.

Wash. Admin. Code § 314-18-020 Definitions.

In this chapter unless the context otherwise requires:

(1) "Permit" means a banquet permit authorized by RCW 66.20.010(3).

(2) "Banquet"

(a) Means any event not open to the general public to be held or conducted at a specific place upon a specific date where the persons in attendance will have some common purpose or interest, either business or social or a combination thereof, for attending;

(b) Does not mean or refer to an event or affair requiring the presence or service of food as might be construed in the more formal sense of that term; nor is there any implication that such events are limited to any specific number of times that they may be held or conducted, if the applicants are qualified and the events are conducted in conformance with this chapter;

(c) Is not intended to refer to or be applicable to an event, affair, or occasion held in the privacy of a person's home.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-020, filed 8/4/82.

Wash. Admin. Code § 314-18-030 Applicants—Retail liquor licensees ineligible—Exceptions.

(1) Any person 21 years of age or older, either for themselves or in a representative capacity on behalf of a society, organization, or business entity, may apply for a banquet permit which authorizes the service and consumption of liquor at a specific place upon a specific date.

(2) Retail liquor licensees are not eligible to apply for banquet permits for events to be held at, in, or upon such licensee's premises: Provided, however, that the licensee's ineligibility will not apply:

(a) When the application is by an established organization of members or auxiliary within a licensed club;

(b) Where grand openings, or special openings following new construction or substantial alterations, or when conventions are to be held on the licensed premises;

(c) Where special occasions such as employee Christmas parties, business anniversaries, etc., are held on the licensed premises;

(d) For functions held at locations other than the licensed premises.

(3) Banquet permits may be issued to qualified applicants for private functions on a chartered bus, chartered boat, chartered plane, or a chartered passenger car on a train.

(4) A banquet permit is not required for:

(a) Spirit, beer and wine sampling conducted in accordance with RCW 66.28.040 as implemented by chapter 314-64 WAC.

(b) Beer or wine provided by a brewery, winery, or distributor as part of a course of instruction for liquor licensees and/or their employees pursuant to RCW 66.28.150.

(5) The board interprets and will apply the relevant portions of the Liquor Act (RCW 66.20.010, 66.04.010(23), 66.04.010(26), 66.24.480, 66.24.481, and 66.44.100), reading them in pari materia, as not requiring a banquet permit to be obtained by an individual for a function when that individual is not acting with a business purpose or on behalf of an organization or business entity, where each of the following conditions are met:

(a) The function to be held by the individual is of a personal, noncommercial type which would normally be held in the individual's private home but for space considerations. Examples being a birthday party, wedding reception, bar mitzvah, etc. In lieu of holding the function in their home, the individual has arranged for use of a facility which is to be closed off from the public during the function and which is not on any licensed premises.

(b) The function is hosted by the individual personally. That is, there is no charge in any manner whatsoever for attendance, whether by admission charge, donation, dues, fees, or otherwise, and there is no charge in any manner whatsoever for anything provided at the function (i.e., mixer, setups, ice, food, hors d'oeuvres, etc.).

(c) That there is no business purpose for the function and that no pecuniary gain is intended or realized by the individual from the holding of the function.

(d) That those persons attending the function are the personal invitees of the individual holding it.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-18-030, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-18-030, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 88-22-026 (Order 268, Resolution No. 277), § 314-18-030, filed 10/25/88. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-030, filed 8/4/82.

Wash. Admin. Code § 314-18-040 Issuance fee—Restrictions.

(1) Banquet permits may be issued by the board's stores and agencies to qualified applicants on forms provided by the board; the fee for each banquet permit will be $15.

(2) Except for outdoor areas, banquet permits will only be issued for use at premises that are or can be arranged so that the general public can be excluded therefrom.

(3) Where the application is for a banquet to be held either partially or wholly out-of-doors, the following restrictions will apply:

(a) State parks: State parks are exempt from the law requiring a license or permit to consume liquor in a public place (RCW 66.04.011). Banquet permits shall not be issued for the service and consumption of liquor in state parks.

(b) City and county parks: Applicants will be issued banquet permits only upon presentation of written approval from the appropriate local authority for the banquet applied for.

(c) Commercial parks (privately owned and operated): Store and agency managers may issue banquet permits for use in such commercial parks even though the event is to be held partly or wholly out-of-doors.

(d) All other outdoor areas: Issuance is conditioned upon approval of the area liquor enforcement officer.

(4) Where the application is for a banquet permit for an event to be held on a college or university campus or upon the premises of an elementary or high school, public or private; permits will be issued provided that approval, in writing, by an appropriate official of the college, university, elementary, or high school is furnished with the application.

(5) When the application is for a banquet permit for an event to be held in or at a state armory used for military purposes, permits will be issued provided that approval, in writing, by the adjutant general or their designee is furnished by the applicant to the board and to the chief of police of the incorporated city or town in which the armory is located or to the county sheriff if the armory is located outside the boundaries of incorporated cities or towns.

(6) Banquet permits will not be issued for use at premises that have a license issued by the board that is or will be suspended on the date of the scheduled banquet.

(7) The event for which the banquet permit application is made cannot be open to the public through general admission ticket sales.

(8) The event for which the banquet permit application is made cannot be open to the public or advertised to the public.

(9) Approval of the area enforcement officer is required for banquet permits intended for use in the cocktail lounge facilities or tap rooms of hotels, restaurants, and clubs, unless the entire premises under the control of the licensee is devoted to the banquet, and then only if all licensee liquor is removed from view and securely isolated.

(10) Where the application is for a banquet permit for an event to be held on a vessel under the jurisdiction of the Washington state ferry system; permits will be issued provided that approval, in writing, by an appropriate official of the Washington state ferry system is furnished with the application.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-18-040, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-18-040, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-18-040, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 86-09-075 (Order 183, Resolution No. 192), § 314-18-040, filed 4/22/86. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 85-06-021 (Order 153, Resolution No. 162), § 314-18-040, filed 2/27/85
WSR 84-09-025 (Order 140, Resolution No. 149), § 314-18-040, filed 4/11/84
WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-040, filed 8/4/82.

Wash. Admin. Code § 314-18-050 Sale of liquor—Not authorized.

(1) A banquet permit does not authorize the sale of liquor for cash, credit, check, scrip, or in any manner whatever: Provided, however, That the cost of the occasion to those attending, if any, may be included in the total price for the banquet, in which event, to assure participants receiving an equal share, an allocation based upon a distribution of tickets exchangeable for drinks as a part of the package price is permissible.

(2) The prohibition provided for in subsection (1) of this section extends to the sale of mixers, ice, or "set-ups" if the prices charged therefor are unrelated to the cost of such goods and/or services and approximate what the charge for a drink containing liquor would be.

(3) Liquor cannot be raffled off or offered as a prize at an event for which a banquet permit has been issued. (Such disposition would constitute a "sale" of liquor as that term is defined in RCW 66.04.010(27).)

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-050, filed 8/4/82.

Wash. Admin. Code § 314-18-060 Liquor to be served and consumed—Restrictions.

(1) Spirit, beer and wine restaurant discount liquor cannot be sold, served, or consumed under or by authority of a banquet permit. Liquor to be served will be purchased from an authorized retail source only.

(2) Licensees and/or commercial caterers shall not pay for or advance the moneys to purchase the liquor for the event for which the banquet permit application has been made, but they may transport the prepaid liquor purchased by the applicant to whom the banquet permit was issued.

(3) No banquet permittee may buy or accept delivery of liquor from any manufacturer, brewer, distributor, distiller, winery, importer, or agent thereof.

(4) It is not necessary for a banquet permit applicant to purchase liquor at the time the permit is issued, and individuals attending a banquet function may bring their own liquor.

History

Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-18-060, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 92-01-080, § 314-18-060, filed 12/16/91, effective 1/16/92. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-060, filed 8/4/82.

Wash. Admin. Code § 314-18-070 Responsibilities of permittee.

(1) No banquet permittee, or employee thereof, may knowingly permit the service to or consumption of liquor by any person under the age of twenty-one years who is present at the event for which a banquet permit has been issued.

(2) No banquet permittee, or employee thereof, may knowingly permit any disorderly conduct to occur or serve or permit the consumption of liquor by an apparently intoxicated person(s) on the premises for which a banquet permit has been issued.

(3) The banquet permit shall be posted in a conspicuous place at the premises for which the permit was issued during all times the permit is in use.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-070, filed 8/4/82.

Wash. Admin. Code § 314-18-080 Hours of operation—Inspection of premises.

(1) Banquet permits may be issued for any day and may authorize the service and consumption of liquor between the hours of 6:00 a.m. and 2:00 a.m. of the following day.

(2) Any premises where a banquet permit has been granted shall be open to inspection by any peace officer or enforcement officer of the board to the same extent as provided for in WAC 314-12-120.

History

Statutory Authority: RCW 66.08.030. WSR 95-04-044, § 314-18-080, filed 1/25/95, effective 2/25/95. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-080, filed 8/4/82.

Wash. Admin. Code § 314-18-090 Misrepresentation on application—Consequences.

A misrepresentation of fact found to have been made by an applicant for any banquet permit shall be deemed a lack of good faith and shall constitute good and sufficient cause for the disapproval of such application or for the cancellation of said permit if the event for which the permit has been granted has not yet been held, or for the immediate termination of the permit if the event for which the permit has been issued is in progress.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-090, filed 8/4/82.

Wash. Admin. Code § 314-18-100 Penalties.

In addition to the general penalties provided by law (RCW 66.44.175 and 66.44.180) for the violation of board regulations, the board, upon a finding that a banquet permittee has violated any of the regulations of this chapter, may, in its discretion:

(1) Cancel or terminate the permit.

(2) Hold the applicant and/or the premises for which the banquet permit was issued ineligible for future banquet permits.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-16-100 (Orders 110 and 112, Resolution Nos. 119 and 121), § 314-18-100, filed 8/4/82.

Chapter 314-19 Beer and wine tax reporting and payment requirements.

Wash. Admin. Code § 314-19-005 What is the purpose of chapter 314-19 WAC?

The purpose of this chapter is to outline the beer and wine tax reporting and payment requirements for the following liquor licensees and permit holders:

| Type of liquor license | Laws that outline tax rates and requirements | | --- | --- | | (a) Washington beer and/or wine distributor | RCW 66.24.210, 66.24.230, 66.24.290, 66.24.305 | | (b) Washington beer and/or wine importer | RCW 66.24.230 | | (c) Domestic brewery | RCW 66.24.270, 66.24.290, 66.24.305 | | (d) Domestic brewery/brand owner | RCW 66.24.270, 66.24.290, 66.24.305 | | (e) Microbrewery | RCW 66.24.270, 66.24.290, 66.24.305 | | (f) Domestic winery | RCW 66.24.210, 66.24.215, 66.24.230, 66.24.305 | | (g) Public house | RCW 66.24.290, 66.24.580 | | (h) Beer certificate of approval holder | RCW 66.24.270 | | (i) Wine certificate of approval holder | RCW 66.24.210, 66.24.206 | | (j) Authorized representative certificate of approval holder - U.S. produced beer | RCW 66.04.010, 66.24.261, 66.24.270 | | (k) Authorized representative certificate of approval holder - Foreign produced beer | RCW 66.04.010, 66.24.261, 66.24.270 | | (l) Authorized representative certificate of approval holder - U.S. produced wine | RCW 66.04.010, 66.24.203, 66.24.206 | | (m) Authorized representative certificate of approval holder - Foreign produced wine | RCW 66.04.010, 66.24.203, 66.24.206 | | (n) Retailer with an endorsement to receive direct shipments of beer and wine from breweries, microbreweries, or wineries | RCW 66.24.210, 66.24.290, 66.24.270 | | (o) Wine shipper permit holder | RCW 66.24.210 |

History

Statutory Authority: RCW 66.08.030. WSR 12-24-091, § 314-19-005, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-19-005, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.24.206, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.215, and 66.24.580. WSR 04-24-007, § 314-19-005, filed 11/19/04, effective 12/20/04. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-005, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-010 Definitions.

The following definitions are to clarify the purpose and intent of the rules and laws governing beer and wine tax reporting and payment requirements. Additional definitions can be found in RCW 66.04.010.

(1) "Late." A tax payment is considered late if it is unpaid on the due date and remains unpaid until the twentieth day of the following month.

(2) "Missing." A tax report and tax payment, if taxes are owed, is considered missing if it is more than thirty days past the required filing date.

(3) "Samples" are beer and/or wine furnished to retail licensees for the purpose of negotiating a sale, per RCW 66.28.040. See WAC 314-64-080 for sampling procedures.

(4) "Tastings" are beer and/or wine products provided to customers at no charge for the purpose of promoting a sale, that are consumed on the premises of a domestic brewery, microbrewery, winery, or additional winery locations as authorized by RCW 66.24.170(4). Tastings are not taxable under this title.

History

Statutory Authority: RCW 66.08.030. WSR 12-24-091, § 314-19-010, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-19-010, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-010, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-015 What are the reporting and tax payment requirements?

(1) The required beer and/or wine tax reports must be:

(a) On a form furnished by the board or in a format approved by the board;

(b) Filed every month, including months with no activity or taxes due. A winery or wine certificate of approval holder with total taxable sales of wine in Washington state of 6,000 gallons or less during the calendar year may elect to file annually;

(c) Submitted, with the tax due, to the board on or before the 20th day of the month following the end of the reporting period, for the previous reporting period (for example, a monthly report listing transactions for the month of January is due by February 20; an annual report listing transactions for 2012 is due by January 20, 2013). When the twentieth day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day; and

(d) Filed separately for each type of liquor license or permit held.

(2) Wineries, wine certificate of approval holders and wine shippers who elect to file annually:

(a) Must have taxable sales of wine in Washington state of 6,000 gallons or less during the calendar year;

(b) New licensees who anticipate taxable sales of wine in Washington state of less than 6,000 gallons must request by notifying the liquor and cannabis board within 30 days of license issuance that they would like to file annually;

(c) May only change reporting frequency (to annual filing or off annual filing) at the beginning of a calendar year, effective month must be January;

(d) Are required to file multiple reports in the event of a midyear tax rate change (for example, the tax rate changes June 1st; annual filer will submit two reports. One for January 1st through May 31st and one for June 1st through December 31st. Both are due January 20th following the end of the reporting period);

(e) Must submit a report the month following the month the license has been discontinued or business closed (for example, annual filer closes business/discontinued license May 25th, report is due June 20th).

| Type of Licensee | Tax Payment Requirements | | --- | --- | | (3) Washington beer and/or wine distributor | (a) Distributors must pay taxes on all beer and/or wine received during the preceding calendar month, including samples received at no charge (see WAC 314-64-080 and 314-64-090 for more information). The total tax due (per barrel for beer and per liter for wine) is to be paid by the first distributor to receive the product and must be included with the monthly report. | | | (b) Distributors do not pay taxes on beer and/or wine received from another in-state licensed distributor who has already paid the Washington state tax on the product. | | | (c) Distributors may claim a tax refund or credit, provided that they have paid the taxes prior to claiming the credit, for the following (see WAC 314-19-030 for information on claiming a tax refund or credit): | | | (i) Shipments exported directly to a point outside the state of Washington, including sales to interstate common carriers; | | | (ii) Product that is deemed unsalable due to freight damage, product quality, or other causes that occurred prior to receipt by the distributor, subject to the following conditions: | | | (A) The unsalable product must be destroyed within the state of Washington (per RCW 66.24.305); | | | (B) The licensee must notify their local liquor enforcement officer in advance for destruction of more than 50 cases of wine or 200 cases of beer; | | | (C) The licensee must report the destroyed product on the next required monthly report; | | | (D) The licensee must keep records showing the reason for the destruction and an inventory of products destroyed. These records must be kept on the licensed premises and available for inspection by board employees for a period of two years; and | | | (E) The licensee must provide documentation from the freight company with the report if they are claiming a credit due to freight damage. | | (4) Washington beer and/or wine importers | Importers must pay taxes on samples received during the preceding calendar month, as follows: (a) If the samples are used by the importer within the state of Washington, the importer must pay the tax. (b) If samples are provided to a distributor, the distributor must pay the tax. | | (5) Domestic breweries, microbreweries, and domestic wineries | (a) Domestic breweries, microbreweries, and domestic wineries must list production for the current reporting period only. The brewery that the domestic brewery/brand owner contracts with is required to include any products they produce for the brand owner in their production count. | | | (b) Domestic breweries, microbreweries, and domestic wineries must pay taxes on beer and/or wine that is: | | | (i) Sold at retail on the licensed premises (or shipped to additional winery locations as authorized by RCW 66.24.170(4)), including retail sales to out-of-state residents; | | | (ii) Sold to retail licensees; | | | (iii) Furnished as samples to retail licensees as authorized by RCW 66.28.040, WAC 314-64-080, and 314-64-090 (does not include samples provided to distributors); | | | (iv) Provided as donations to qualifying 501 (c)(3) or (6) nonprofit organizations per RCW 66.28.040 or to the Washington wine commission per RCW 66.12.180 and 66.24.210; | | | (v) Received via an interplant transfer if used as outlined in above subsections (i), (ii), (iii), or (iv); | | | (vi) Sold at farmers markets as authorized by RCW 66.24.170(5), 66.24.240(4) and/or 66.24.244(5); or | | | (vii) Wine that has been shipped out-of-state as nontax paid export and returned to Washington state if used as outlined in (b)(i), (ii), (iii), (iv), or (vi) of this subsection. | | | (c) Domestic breweries, microbreweries, and domestic wineries do not pay tax on beer and/or wine that is: | | | (i) Sold to or furnished as samples to distributors; | | | (ii) Shipped out of a particular location for an interplant transfer; | | | (iii) Exported directly to a point outside the state of Washington, including sales to interstate common carriers; | | | (iv) Provided as a tasting on the brewery or winery premises or at additional winery locations at no charge, as authorized by RCW 66.24.170(4). See WAC 314-19-010(3) for the definition of "tastings." | | (6) Domestic brewery—Brand owners | (a) Domestic brewery-brand owners must file a report showing the quantity of all beer sold or delivered to each licensed beer distributor, or beer exported directly to a point outside the state of Washington, during the preceding reporting period. (b) Domestic brewery-brand owners are not responsible for the tax on beer that is contract produced. | | (7) Out-of-state beer and/or wine certificate of approval holders | (a) Certificate of approval holders must file a report showing the quantity of all beer and/or wine sold or delivered to each licensed beer or wine distributor or importer, including samples, during the preceding reporting period. | | | (b) Tax is due from the certificate of approval holder: | | | (i) On samples shipped to licensed agents, and | | | (ii) On donations to the Washington wine commission per RCW 66.12.180 and 66.24.210 or to 501 (c)(3) nonprofit charitable associations within Washington state per RCW 66.28.040. | | (8) Out-of-state United States beer and/or wine certificate of approval holders with a direct shipping to Washington retailer endorsement | (a) Certificate of approval holders with this endorsement must file an addendum report showing the quantity of beer and/or wine sold or delivered to each licensed retailer, including samples, during the preceding reporting period. (b) Tax is due from the certificate of approval holder on beer and/or wine sold or delivered to retail licensees and on sales to nonprofit charitable associations. | | (9) Out-of-state United States wine certificate of approval holders with a direct shipping to consumers endorsement | (a) A certificate of approval holder with this endorsement must report the total quantity of wine sold to consumers in Washington state during the preceding reporting period. (b) Tax is due from the certificate of approval holder on wine sold or delivered to Washington state residents. | | (10) Authorized representative certificate of approval holders- United States and/or foreign produced beer or wine | (a) Authorized representative certificate of approval holders must file a report showing the quantity of all beer and/or wine sold or delivered to each licensed beer or wine distributor or importer, including samples. They must list the brewery and/or winery that they represent and that had shipments into Washington state during the preceding month. | | | (b) Tax is due from the authorized representative beer and/or wine certificate of approval holders only on samples shipped to licensed agents, directly to retailers per WAC 314-64-080 and 314-64-090, donations to the Washington wine commission per RCW 66.12.180 and 66.24.210, or to 501 (c)(3) nonprofit charitable associations within Washington state per RCW 66.28.040. | | (11) Retailer with an endorsement allowing receipt of direct shipment of beer or wine from a United States brewery, microbrewery, or winery | A Washington retailer who receives shipments directly from a United States brewery, microbrewery, or winery, outside Washington, must file a report showing the quantity of beer and wine received by direct shipment from each licensed beer or wine producer, including samples, during the preceding month. | | (12) Wine shipper permit holder | (a) An out-of-state winery must file a report showing the total quantity of wine sold or delivered to consumers during the preceding reporting period. | | | (b) Pay the tax due for sales of wine to Washington state residents. |

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-19-015, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-19-015, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 12-24-091, § 314-19-015, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-19-015, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-19-015, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.24.206, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.215, and 66.24.580. WSR 04-24-007, § 314-19-015, filed 11/19/04, effective 12/20/04. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-015, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-020 What if a licensee doesn't report or pay the taxes due, or reports or pays late?

The board may take the following actions against a licensee or permit holder in order to collect any of the reports or taxes due that are outlined in this title.

| (1) Suspension or revocation of license | (a) Failure to make a report and/or pay the taxes in the manner and dates outlined in this chapter will be sufficient ground for the board to suspend or revoke a liquor license, wine shipper permit, or certificate of approval (per RCW 66.08.150, 66.24.010, 66.24.120, 66.24.206, 66.20.370, 66.20.380, and 66.24.270). | | --- | --- | | | (b) The suspension will remain in effect until all missing reports and/or taxes have been filed with the board (see WAC 314-19-010(1) for the definition of "missing"). | | (2) Penalties | A penalty of two percent per month will be assessed on any tax payments postmarked after the 20th day of the month following the reporting period of the transactions (per the reporting requirements outlined in WAC 314-19-015, RCW 66.24.290, and 66.24.210). When the 20th day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day. Absent a postmark, the date received at the Washington state liquor and cannabis board, or designee, will be used to determine if penalties are to be assessed. | | (3) Surety bond requirements | (a) What is a surety bond? A "surety bond" is a type of insurance policy that guarantees beer and/or wine tax payment to the state. The surety bond must be: | | | (i) Executed by a surety company authorized to do business in the state of Washington; | | | (ii) On a form and in an amount acceptable to the board; | | | (iii) Payable to the Washington state liquor and cannabis board; and | | | (iv) Conditioned that the licensee will pay the taxes and penalties levied by RCW 66.24.210 and/or 66.24.290. | | | (v) As an option to obtaining a surety bond, a licensee may create an assignment of savings account for the board in the same amount as required for a surety bond. Requests for this option must be submitted in writing to the board's financial division. | | | (b) When will the board require a surety bond? The board may require a surety bond from a Washington beer and/or wine distributor, domestic microbrewery, domestic brewery, domestic winery, wine shipper, or a beer or wine certificate of approval holder that has a direct shipment privilege. If any of the following occur, the board may require the licensee or permit holder to obtain a surety bond or assignment of savings account, within 21 days after an administrative violation notice is issued: | | | (i) A report or tax payment is missing, as defined in WAC 314-19-010, for two or more consecutive months; or | | | (ii) A report or tax payment is missing, as defined in WAC 314-19-010, two or more times within a two year period. | | | (c) What will happen if the licensee does not acquire the surety bond or savings account? Failure to meet the bonding or savings account requirements outlined in subsections (a) and (b) of this rule may result in immediate suspension of license privileges until all missing reports are filed and late taxes have been paid and the surety bond is acquired or the savings account is established. | | | (d) In what amount and for how long will the board require a surety bond? The amount of a surety bond or savings account required by this chapter must be either $3,000, or the total of the highest four months' worth of tax liability for the previous 12 month period, whichever is greater. | | | (i) The licensee or permit holder must maintain the bond for at least two years. After the two year period the licensee or permit holder may request an exemption as outlined in subsection (f) of this rule. | | | (ii) Surety bond and savings account amounts may be reviewed annually and compared to the last 12 months' tax liability of the licensee. If the current bond or savings account amount does not meet the requirements outlined in this section, the licensee or permit holder will be required to increase the bond amount or amount on deposit within 21 days. | | | (e) What action will the board take when a licensee or permit holder holds a surety bond and does not pay taxes due or pays late? If a licensee or permit holder holds a surety bond or savings account, the board will immediately start the process to collect overdue taxes from the surety company or assigned account. If the exact amount of taxes due is not known due to missing reports, the board will estimate the taxes due based on previous production, receipts, and/or sales. | | | (f) Can a licensee or permit holder request an exemption to the surety bond or savings account requirement? A licensee or permit holder may make a written request to the board's financial division for an exemption from the surety bond or assignment of savings account requirements. The board will grant an exemption once the following criteria are met: | | | (i) The licensee or permit holder has filed reports and paid applicable taxes to the board for at least two years immediately prior to the exemption request; and | | | (ii) There have been no late or missing reports or tax payments during the previous two years. | | | (iii) In order to remain exempt from the surety bond or assignment of savings account requirements, the licensee must continue to meet the tax reporting and payment requirements outlined in this title (outlined in WAC 314-19-015, RCW 66.24.206, 66.24.210, 66.24.270, 66.24.290, and 66.24.580). |

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-19-020, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-19-020, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030. WSR 14-12-101, § 314-19-020, filed 6/4/14, effective 7/5/14
WSR 12-24-091, § 314-19-020, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-19-020, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.24.206, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.215, and 66.24.580. WSR 04-24-007, § 314-19-020, filed 11/19/04, effective 12/20/04. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-020, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-025 Are there any exceptions to the tax payments required in this chapter if the licensee primarily exports beer and/or wine?

Washington beer and/or wine distributors or importers who purchase fifty percent or more of their beer or wine for the purpose of exporting the product from the state may request that the board make simplified arrangements for reporting and payment of tax.

(1) The licensee must make a written request for such arrangement to the board's financial division.

(2) The board will make such arrangements on an individual basis for the purpose of simplifying the reporting and accounting requirements.

History

Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-025, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-030 How can a licensee claim a credit or refund for tax-paid product?

| (1) How to claim a tax credit | (2) How to claim a tax refund | | --- | --- | | (a) On the next report filed, show the amount of product for which a tax credit is due in the appropriate section(s) of the form. (b) Deduct the total credit from the total amount due on this report. | (a) A licensee may request a refund, rather than claim a credit, if the amount of the credit is too large to be used in a reasonable amount of time or the licensee has discontinued business. | | (b) On the next report filed, the licensee must show the amount of product for which a tax refund is due in the appropriate section(s) of the form. | | | | (c) The board will not issue a refund check until the total amount to be refunded accumulates to at least ten dollars. |

History

Statutory Authority: RCW 66.08.030. WSR 12-24-091, § 314-19-030, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030, 66.24.206, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.215, and 66.24.580. WSR 04-24-007, § 314-19-030, filed 11/19/04, effective 12/20/04. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-030, filed 8/9/00, effective 9/9/00.

Wash. Admin. Code § 314-19-035 Reduced tax rate for beer.

(1) The additional beer taxes imposed under RCW 66.24.290 (3)(a) do not apply to the first sixty thousand barrels of beer sold by a brewery in Washington each fiscal year, if:

(a) The beer is produced in the United States; and

(b) The producing brewery or domestic brewery-brand owner meets the qualifications of 26 U.S.C. Sec. 5051 (a)(2).

(2) In order to qualify for this exemption, the Washington brewer or the out-of-state beer certificate of approval holder must provide the board a copy of an Alcohol and Tobacco Tax and Trade Bureau (TTB) acknowledged copy of their filing "Notice of Brewer to Pay Reduced Rate of Tax" for the calendar year as required under 27 C.F.R. Sec. 25.167; a variance for any year that waives annual submission to the TTB; or the Brewer's Notice which waives annual submission to the TTB.

(3) The tax exemption will not apply until the first day of the second month following the month the notice is received (for example, if the notice is received by the Board on January 10, the tax exemption will start on March 1).

(4) How will the distributor know what tax rate to pay for each brewery's products?

(a) The board will provide distributors a list of breweries that qualify for the reduced tax rate; and

(b) The qualifying brewery is responsible to inform the distributors when product sold to distributors exceeds the first sixty thousand barrels exempted from the additional tax.

(c) Once a qualifying brewery's sales to distributors exceeds sixty thousand barrels, the distributors must begin paying the full tax rate on their next monthly tax report.

(5) Per RCW 66.24.290, authorized representative certificate of approval holders do not qualify for the reduced rate in Washington state.

(6) The tax exemption will not apply to strong beer. Strong beer must be paid at the higher rate even when the brewery meets the qualifications for the reduced rate. Strong beer is any malt beverage that contains more than eight percent alcohol by weight.

History

Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-19-035, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.24.206, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.215, and 66.24.580. WSR 04-24-007, § 314-19-035, filed 11/19/04, effective 12/20/04. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-19-035, filed 8/9/00, effective 9/9/00.

Chapter 314-20 Beer—Brewers, holders, importers, etc.

Wash. Admin. Code § 314-20-001 Definitions.

(1) The following terms are defined in RCW 66.04.010:

(a) Authorized representative;

(b) Beer;

(d) Beer importer;

(e) Brewer or brewery;

(f) Domestic brewery;

(g) Flavored malt beverage;

(h) Malt beverage and strong beer; and

(i) Sale and sell.

(2) COA means certificate of approval.

(3) COLA means certificate of label approval issued by TTB.

(4) Contract production is defined in RCW 66.24.244.

(5) Domestic brewery alternating proprietorship means two or more entities taking turns using the same space and equipment to produce beer.

(6) TTB means the Alcohol Tax and Trade Bureau: U.S. Code - Title 27 of the Code of Federal Regulations.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-001, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-20-001, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-001, filed 12/1/04, effective 1/1/05.

Wash. Admin. Code § 314-20-005 Application procedure—Beer distributor's or importer's license.

Any person making application for a new beer distributor's or importer's license shall submit to the board, as a condition precedent to the board considering the application, such information as may be requested by the board and shall additionally submit a written commitment from a manufacturer or importer that the product the applicant proposes to distribute is available to him should a license be issued.

The decision as to whether a license will or will not be issued in a particular case is, pursuant to RCW 66.24.010, a matter of board discretion. The submission of the above information and written commitment shall not be construed as creating a vested right in the applicant to have a license issued.

History

Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-005, filed 9/2/98, effective 10/3/98
Order 55, § 314-20-005, filed 5/31/77.

Wash. Admin. Code § 314-20-015 Licensed brewers—Retail sales of beer on brewery premises—Beer served without charge on premises—Spirit, beer and wine restaurant operation.

(1) A licensed brewer may sell:

(a) Beer of its own production at retail on the brewery premises;

(b) Beer produced by another microbrewery or a domestic brewery for on- and off-premises consumption from its premises as long as the other breweries brands do not exceed 25 percent of the microbrewery's on-tap offering of its own brands. Beer not of its own production must be purchased through normal distribution channels; and

(2) In selling beer and/or cider at retail, as provided in subsection (1) of this section, a brewer shall conduct such operation in conformity with the statutes and regulations applicable to holders of such beer and/or wine retailers' licenses. The brewer shall maintain records of such retail operation separate from other brewery records.

(3) Upon written authorization of the board, pursuant to RCW 66.04.011, beer of a licensed brewer's own production may be consumed in designated parks and picnic areas adjacent to and held by the same ownership as the licensed brewer.

(4) A licensed brewer or a lessee of a licensed brewer operating a spirit, beer and wine restaurant, licensed pursuant to RCW 66.28.010, shall conduct such operation in conformity with the statutes and regulations which apply to holders of such spirit, beer and wine restaurant licenses.

(5) A brewer may serve its own beer and beer not of its own production without charge on the brewery premises, as authorized by RCW 66.28.040.

(6) Anyone involved in the selling or serving of alcohol, including the pouring of samples, for on-premises consumption must obtain a class 12 or class 13 alcohol server permit.

(7) No retail license or fee is required for the holder of a brewer's license to serve beer without charge on the brewery premises as set forth in subsection (5) of this section. Before exercising this privilege, however, such brewer shall obtain approval of the proposed service area and facilities from the board. Such brewer shall maintain a separate record of all beer so served.

(8) A brewery is required to obtain the appropriate retail license to sell beer, wine, or spirits on the brewery premises that is not of its own production except as set forth in subsection (1) of this section pursuant to RCW 66.24.244.

(9) Licensed beer manufacturers and their employees may:

(a) Sample beer of their own manufacture for manufacturing, evaluating, or pricing product in areas where the public is not served so long as the licensee employee does not become apparently intoxicated; and

(b) The licensee or employee who is sampling for these purposes is not also engaged in serving alcohol to the public.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-20-015, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-015, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 16-01-102, § 314-20-015, filed 12/16/15, effective 1/16/16. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-20-015, filed 8/9/00, effective 9/9/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-015, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 93-11-028, § 314-20-015, filed 5/10/93, effective 6/10/93. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-20-015, filed 10/28/81
Order 61, § 314-20-015, filed 12/6/77
Order 40, § 314-20-015, Rule 37.5, filed 8/21/75.

Wash. Admin. Code § 314-20-017 Brewery and microbrewery retail liquor licenses—Selling kegs and containers.

A brewery or microbrewery licensed under RCW 66.24.240 or 66.24.244 may hold up to four retail liquor licenses to operate a spirits, beer, and wine restaurant, a tavern, a beer and/or wine restaurant, or any combination thereof.

(1) Definitions. For the purposes of this section, a "container" is a sealable receptacle, such as a carton, jug, growler or keg, and has no minimum holding requirement. A "keg" is a container holding four gallons or more beer.

(2) Applicable to retail licenses for spirits, beer, and wine restaurants, beer and/or wine restaurants, and taverns.

(a) A retail license is separate from a brewery or microbrewery license.

(b) All containers of beer must be sold from the retail premises.

(3) A brewery-operated or microbrewery-operated spirits, beer, and wine restaurant may sell containers of beer of its own production and cider as defined in RCW 66.24.210 without a kegs-to-go endorsement provided that it sells this beer and cider for off-premises consumption only. A brewery or microbrewery may supply the container or use a container brought to the premises by a customer, and filled at the tap at the time of sale.

(4) A brewery-operated or microbrewery-operated spirits, beer, and wine restaurant may sell kegs of malt liquor of another brewery's or microbrewery's production provided that it:

(a) Sells this malt liquor for off-premises consumption only;

(b) Has a kegs-to-go endorsement; and

(5) A tavern or beer and/or wine restaurant that is operated by a brewery or microbrewery and has an off-premises beer and wine retailer's privilege may:

(a) Sell kegs of malt liquor for off-premises consumption. The malt liquor may be of the licensee's own production or the production of another brewery or microbrewery;

(b) Sell containers of beer for off-premises consumption provided that the customer supplies the container. The beer may be of the licensee's own production or the production of another brewery or microbrewery; and

(c) Sell containers of cider as defined in RCW 66.24.210(6) for off-premises consumption in a sanitary container brought to the premises by the customer or provided by the licensee and filled at the tap at the time of sale, provided the licensee has a license to sell wine. The licensee must comply with federal regulations.

History

Statutory Authority: RCW 66.08.030, 66.24.240, 66.24.244, 66.28.200, 66.28.210, and 66.28.220. WSR 21-03-095, § 314-20-017, filed 1/20/21, effective 2/20/21. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-017, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-20-017, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030, 66.24.240, 66.24.244. WSR 09-02-009, § 314-20-017, filed 12/29/08, effective 1/29/09.

Wash. Admin. Code § 314-20-018 Farmer's market beer and wine sampling.

(1) To conduct beer and wine tasting at a farmer's market, the following criteria must be met:

(a) The farmer's market must be authorized to allow breweries, microbreweries, and wineries to sell sealed bottled wine and/or beer at retail.

(b) The farmer's market must hold an endorsement to allow sampling of beer and wine or both.

(c) A brewery, microbrewery, or winery offering samples at a farmer's market must have an endorsement from the board to sell beer or wine of its own production at a farmer's market (see RCW 66.24.170, 66.24.240, and 66.24.244).

(d) No more than three breweries, microbreweries, or wineries combined may offer samples at a qualifying farmer's market per day.

(e) A brewery, microbrewery, or winery may advertise that it offers samples only at its designated booth, stall, or anywhere within the farmer's market.

(2) Samples of beer or wine may be offered only under the following conditions:

(a) Each sample must be two ounces or less, up to a total of two ounces per customer per day.

(b) Beer and wine samples are to be conducted at the booth or stall of the brewery, microbrewery, or winery with a barrier at least 42 inches in height, where licensees are able to observe and control customers participating in the samples. The barriers may be moveable (an example would be ropes and stanchions).

(c) A brewery, microbrewery, or winery must have food available for customers to consume while sampling beer or wine, or must be adjacent to a vendor offering prepared food.

(d) Customers must remain in the designated sampling area while sampling beer or wine.

(e) Brewery, microbrewery, or winery employees serving beer or wine during sampling events must hold a valid MAST permit.

(f) The brewery, microbrewery, or winery is required to send a list of scheduled beer and wine samplings to the liquor and cannabis board at MIWenforce@lcb.wa.gov at the beginning of each month. The date for each beer and wine sampling must be included.

(g) The farmer's market is also required to send a list of scheduled beer and wine samplings to the liquor and cannabis board at MIWenforce@lcb.wa.gov at the beginning of each month. The date for each beer and wine sampling, and the names of the brewery, microbrewery, and winery providing the samples must be included.

(h) The farmer's market is required to provide a sketch to the licensing division of the area where beer and wine samples will be conducted and to any adjacent food booths.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-20-018, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 69.50.342. WSR 22-23-054, § 314-20-018, filed 11/9/22, effective 12/10/22. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-018, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.24.170, 66.24.240, and 66.24.244. WSR 14-03-084, § 314-20-018, filed 1/16/14, effective 2/16/14.

Wash. Admin. Code § 314-20-019 Domestic brewery or microbrewery endorsement for on-premises consumption of wine.

Consistent with RCW 66.24.246:

(1) A domestic brewery or microbrewery may apply for an endorsement to sell wine for on-premises consumption.

(2) The endorsement holder must comply with each of the following requirements:

(a) The wine must be produced in Washington;

(b) The wine must be sold by the single serving for on-premises consumption; and

(d) Anyone involved in the selling or serving of alcohol, including the pouring of samples, for on-premises consumption must obtain a class 12 or class 13 alcohol server permit.

(3) The annual fee for the on-premises consumption endorsement is $300.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-20-019, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.246. WSR 21-03-095, § 314-20-019, filed 1/20/21, effective 2/20/21.

Wash. Admin. Code § 314-20-020 Beer labels—Certificate of label approval required—Labels to be submitted.

(1) Every bottle or can containing beer intended for sale in the state of Washington shall bear a label in compliance with RCW 66.28.120. No beer shall be imported or sold within the state of Washington until the licensed brewery, or certificate of approval holder, submitted to the board, one copy of the federal certificate of label approval for such beer, issued by the Bureau of Alcohol, Tobacco, and Firearms, U.S. Treasury Department.

(2) Any change in label or product which requires reissuance of federal certificate of label approval, must also be submitted to the board, in accordance with the foregoing provisions of this regulation.

(3) No label shall be used that is misleading.

(4) Every producer, importer, distributor of beer, or beer certificate of approval holder shall, upon request of the board or its authorized representative, furnish without cost to the board, samples of any brand of beer upon its premises for the purpose of analysis in order to determine whether the beer conforms to commercial standards.

(5) No label will be approved which is designed to be especially appealing to children or other persons under legal age to consume. Persons who appear to be under legal age to consume may be depicted on a label when, in the discretion of the board, the depiction is dignified and does not promote illegal consumption of liquor.

(6) For strong beer, the label must contain the beer's alcohol content, stated in terms of percentage of alcohol by volume. Per RCW 66.04.010, strong beer means any malt beverage that contains more than eight percent of alcohol by weight, which is approximately ten percent of alcohol by volume.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-020, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-020, filed 12/1/04, effective 1/1/05. Statutory Authority: RCW 66.08.030, 66.04.010, 66.28.120. WSR 04-06-007, § 314-20-020, filed 2/20/04, effective 3/22/04. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-020, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 92-03-109, § 314-20-020, filed 1/21/92, effective 2/21/92. Statutory Authority: RCW 66.08.030 and 66.28.160. WSR 91-08-022, § 314-20-020, filed 3/27/91, effective 4/27/91. Statutory Authority: RCW 66.08.030. WSR 90-18-008, § 314-20-020, filed 8/24/90, effective 1/1/92
WSR 89-02-015 (Order 275, Resolution No. 284), § 314-20-020, filed 12/28/88. Statutory Authority: RCW 66.08.030 and 66.28.120. WSR 88-14-131 (Order 255, Resolution No. 264), § 314-20-020, filed 7/6/88. Statutory Authority: RCW 66.28.120 and 66.28.110. WSR 87-21-036 (Order 230, Resolution No. 239), § 314-20-020, filed 10/13/87. Statutory Authority: RCW 66.28.120. WSR 87-08-015 (Order 215, Resolution No. 224), § 314-20-020, filed 3/24/87
Order 42, § 314-20-020, filed 11/6/75
Order 19, § 314-20-020, filed 8/10/72
Rule 38, filed 6/13/63.

Wash. Admin. Code § 314-20-022 Alcohol energy drinks.

(1) No product that combines beer, strong beer, or malt liquor with caffeine, guarana, taurine, or other similar substances, which are commonly referred to as "alcohol energy drinks," may be imported into the state, produced, manufactured, distributed, sold or offered for sale by a licensed retailer in the state of Washington.

(2) Beer, strong beer, or malt liquor with coffee, chocolate, or other natural substances used for flavorings, are not prohibited under this section.

History

Statutory Authority: RCW 66.08.010, 66.08.030, 66.24.261, and 66.28.120. WSR 11-06-070, § 314-20-022, filed 3/2/11, effective 4/2/11.

Wash. Admin. Code § 314-20-030 Packages—Classification.

(1) No manufacturer, distributor, importer, or beer certificate of approval holder shall sell beer for use in the state of Washington in any packages or containers differing in sizes and case quantities from the manufacturer's original packages.

(2) Net contents - Packaged beer. Net contents shall be stated in a clearly legible manner on the label in fluid ounces or as follows:

(a) If less than 1 pint, in fluid ounces, or fractions of a pint;

(b) If 1 pint, 1 quart, or 1 gallon, the net contents shall be so stated;

(c) If more than 1 pint, but less than 1 quart, the net contents shall be stated in fractions of a quart, or in pints and fluid ounces;

(d) If more than 1 quart, but less than 1 gallon, the net contents shall be stated in fractions of a gallon, or in quarts, pints, and fluid ounces;

(e) If more than 1 gallon, the net contents shall be stated in gallons and fractions thereof;

(f) The net contents need not be stated on any label if the net contents are displayed by having the same blown, branded, or burned in the container in letters or figures in such manner as to be plainly legible under ordinary circumstances and such statement is not obscured in any manner in whole or in part.

(3) Container size limitations - Barrels. Whole barrels (31 gallons), 1/2 barrels (15.5 gallons), 1/4 barrels (7.75 gallons), 1/6 barrels (5.16 gallons). Packaged beer - Maximum capacity for individual containers, 170 fluid ounces. The board may, in its discretion, authorize other container and/or barrel size packages which have been approved for marketing within the United States by the Bureau of Alcohol, Tobacco, and Firearms, United States Treasury Department: Provided further, That the board may, in its discretion, authorize a brewery with spirit, beer and wine restaurant privileges to dispense beer directly from conditioning tanks/vessels to the spirit, beer and wine restaurant area provided the taxes have been paid prior to dispensing.

(4) The net contents of individual containers shall be stated on the outside of any multicontainer package where the individual container label or bottle size is not visible to the consumer at the point of purchase.

(5) Gift packages. A beer importer or beer wholesaler may prepare and sell "gift packages" consisting of containers of beer differing in case quantities from the manufacturer's original case capacities provided the tax has been paid on the previously purchased beer in accordance with RCW 66.24.290 and provided written approval by the board has been obtained.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-030, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-030, filed 12/1/04, effective 1/1/05. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-030, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 93-10-070, § 314-20-030, filed 5/3/93, effective 6/3/93
WSR 89-06-013 (Order 278, Resolution No. 287), § 314-20-030, filed 2/23/89
WSR 89-01-005 (Order 272, Resolution No. 281), § 314-20-030, filed 12/8/88. Statutory Authority: RCW 66.08.050. WSR 86-22-050 (Order 201, Resolution No. 210), § 314-20-030, filed 11/4/86. Statutory Authority: RCW 66.08.030. WSR 86-01-026 (Order 171, Resolution No. 180), § 314-20-030, filed 12/11/85. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 83-24-061 (Order 135, Resolution No. 144), § 314-20-030, filed 12/7/83, effective 2/15/84
WSR 78-02-031 (Order 64), § 314-20-030, Rule 39, filed 1/17/78
Order 49, § 314-20-030, filed 8/26/76, effective 9/26/76
Order 19, § 314-20-030, filed 8/10/72
Rule 39, filed 6/13/63.

Wash. Admin. Code § 314-20-050 Beer distributors—Importers—Brewers—Records—Preservation.

(1) Breweries, microbreweries, beer certificate of approval holders, and beer distributors must keep beer accounts separate and independent from other accounts and maintain proper records in a form approved by the board, showing all transactions in beer.

(2) Breweries, microbreweries, beer distributors, and beer importers must in case of beer exported or beer sold, transferred or shipped to another distributor, preserve all bills of lading or other evidence of shipment for a period of three years after such exportation, and must in the case of sales to retailers preserve all sales slips and keep the same on file in the office of the wholesaler for at least three years after each sale.

(3) Each brewery, beer distributor, and beer importer may maintain microfilm records containing reproductions (including microfiche) of any record, document, or report if first approved by the board. Request for approval shall be directed to the financial division of the Washington state liquor and cannabis board and must include the following information:

(a) Records proposed to be reproduced.

(b) Reproduction process.

(d) Facilities provided for examining or viewing such reproduction.

If the request is approved, the licensee shall provide for the examining, viewing, and reproduction of such records the same as if they were the original records.

(4) If the brewery, beer distributor, or beer importer keeps records within an automated data processing (ADP) system, the system must include a method for producing legible records that will provide the same information required of that type of record within this section. The ADP system is acceptable if it complies with the following guidelines:

(a) Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.

(b) Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.

(c) Has available a full description of the ADP portion of the accounting system. This should show the applications being performed, the procedures employed in each application, and the controls used to ensure accurate and reliable processing.

(5) The provisions contained in subsections (3) and (4) of this section do not eliminate the requirement to maintain source documents, but they do allow the source documents to be maintained in some other location.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-20-050, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-20-050, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-20-050, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-050, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 87-20-013 (Order 229, Resolution No. 238), § 314-20-050, filed 9/29/87
Rule 44, filed 6/13/63.

Wash. Admin. Code § 314-20-055 Microbrewery warehouse license.

(1) A licensee holding a microbrewery license under RCW 66.24.244 and acting as a distributor of its own products may apply for a microbrewery warehouse license. There is no fee for this license.

(2) A microbrewery warehouse is a premises located off the microbrewery premises that is used for the storage of their own bulk beer, finished product, and distribution of the microbrewery's own products.

(3) There may be no retail sales from the microbrewery warehouse.

(4) Microbreweries may not share warehouse space.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-055, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 66.24.240, 66.24.244. WSR 09-02-009, § 314-20-055, filed 12/29/08, effective 1/29/09.

Wash. Admin. Code § 314-20-070 Claims for defective keg beer—Replacement of overaged packaged beer—Procedures.

(1) In the case of beer in barrels, beer which is not in salable condition due to defective beer or a defective container may be returned by the retailer to the beer distributor for a claim adjustment. The brewer or supplier may make a credit adjustment to the distributor for such claim;

(2) No claim adjustment shall be accepted unless the same shall be made by the retailer within ten days after the defect in the beer or container has been discovered;

(3) All documentary evidence relating to the claim shall be preserved by the retailer, beer distributor, brewer, or beer importer for three years after the date of the claim;

(4) No brewer, beer distributor, or beer importer shall allow, or shall any retailer make claim for adjustment for defective keg beer unless the container or the beer is in fact defective;

(5) In the case of package beer, other than beer in barrels, beer which is not in a salable condition or overaged may be returned by a retail licensee to the beer distributor from whom the beer was purchased, provided it is immediately replaced by the beer distributor with an identical quantity, type and brand of beer. If the brand of beer is not presently in the beer distributor's stock and is not available to the distributor in the immediate future, a cash refund may be made to the retail licensee;

(6) Beer different from that ordered which has been delivered in error to a retail licensee may be returned to a beer distributor and either replaced with that beer which was ordered or a cash refund may be made: Provided, That the error in delivery shall be discovered and corrected within eight days of the date the delivery was made;

(7) Distributors who replace unsalable or overaged packaged beer as provided in subsection (5) of this section, shall maintain complete records of all such transactions, with such records to be readily available for inspection by authorized employees of the board;

(8) Salable or unsalable beer may be returned by a retail licensee or by a governmental agency who has seized the same to the beer distributor selling such beer in the event the retailer goes out of the business of selling beer at retail, and in such case a cash refund may be made upon return of the beer, provided that consent of the board is first had and obtained;

(9) No other adjustment, by way of cash refund or otherwise, shall be made by the beer distributor, brewer or beer importer.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-070, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-070, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 93-10-092, § 314-20-070, filed 5/4/93, effective 6/4/93
WSR 92-14-028, § 314-20-070, filed 6/22/92, effective 7/23/92. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-17-022 (Order 109, Resolution No. 118), § 314-20-070, filed 8/9/82
Order 49, § 314-20-070, filed 8/26/76, effective 9/26/76
Rule 46, filed 6/13/63.

Wash. Admin. Code § 314-20-080 Sales to vessels.

(1) Tax paid beer may be sold direct by beer distributors to:

(a) Vessels engaged in foreign commerce and operating on regular schedules.

(b) Vessels engaged in interstate commerce and operating on regular schedules.

(c) Vessels commonly known as "tramps," engaged in interstate and/or foreign commerce but not operating on regular schedules and taking cargo when and where it offers and to any port.

(2) Beer may not be sold direct by beer distributors to any other class of boat or vessel unless the boat or vessel is in possession of a proper retail license.

History

Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-080, filed 9/2/98, effective 10/3/98
Rule 47, filed 6/13/63.

Wash. Admin. Code § 314-20-090 Cash sales.

No beer distributor nor brewer or beer importer holding a beer distributor's license shall sell or deliver beer to any retailer except for cash paid at the time of the delivery. Cash may be paid prior to the delivery of beer sold to any retailer. Failure by licensees to keep accurate accounting records which result in the extension of credit, in violation of RCW 66.28.010 through the use of a prior cash deposit which is overextended may result in administrative action being taken against the liquor license.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-090, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-090, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 88-23-101 (Order 270, Resolution No. 279), § 314-20-090, filed 11/22/88
Order 24, § 314-20-090, filed 6/28/73
Rule 48, filed 6/13/63.

Wash. Admin. Code § 314-20-095 What are the requirements for contract production between microbreweries?

This section clarifies the language for contract production found in RCW 66.24.244. For the purposes of this section, contract production is when one microbrewer, referred to as the "contractor," produces and packages beer for another microbrewer, referred to as the "contractee." This beer is referred to as the "product."

(1) The contractee is the product owner. As such, the contractee may distribute and retail the product.

(2) The contractor is required to physically transport all contracted product to the contractee. The contractor is not allowed to distribute or retail the product.

(3) The contractor must submit a copy of the contract to the board prior to production. Any changes in the contract must also be submitted to the board prior to subsequent production. The board may require additional information.

(4) The contractor is required to obtain federal label approval, and the contractee is required to obtain state label approval.

(5) State taxes listed under RCW 66.24.290.

(a) The contractor is not responsible for the taxes.

(b) The contractee is responsible for the taxes when the contractee is acting as its own distributor or retailer for the product.

(6) Maintaining qualification as a microbrewery. Each microbrewery, whether in the capacity of a contractor or contractee, is allowed to produce under sixty thousand barrels of total product per year. Total product, in this instance, includes product (a) owned and produced by the microbrewery; (b) owned by the microbrewery but produced by another microbrewery; and (c) produced by the microbrewery on behalf of another microbrewery.

(7) Reporting and recordkeeping.

(a) The contractor must include the product produced when it reports its monthly production to the board.

(b) The contractee must include the sale of the product when it submits its monthly sales report to the board. The board may also require the contractee to include the product when the contractee reports its monthly production to the board.

(c) The contractor's and the contractee's recordkeeping documents must include the product information for each contract. The information must show the quantities produced.

History

Statutory Authority: RCW 66.08.030, 66.24.240, 66.24.244. WSR 09-02-009, § 314-20-095, filed 12/29/08, effective 1/29/09.

Wash. Admin. Code § 314-20-100 Beer suppliers and distributors.

RCW 66.28.180 requires beer distributors and suppliers to maintain all current and prior price lists at its liquor licensed location.

(1) Definitions - For the purposes of this chapter:

(a) A "price list" means a declaration of the prices at which any and all brands of beer and any and all packages within a brand are to be sold by the person maintaining the list. Distributors must maintain a price list showing all such prices for sales to retailers. Each manufacturer functioning as a distributor must maintain a price list showing all such prices for sales to retailers as well as showing such prices for sales to distributors. The price list will contain the wholesale prices at which any and all brands of beer sold by the supplier or distributor shall be available to retailers within the state.

(b) A "beer supplier" means a microbrewery, domestic brewery, certificate of approval holder, beer importer, beer distributor acting as the first United States importer, or a distributor selling beer to another distributor.

(c) A "beer distributor" means a distributor selling to a retailer, a domestic brewery acting as a distributor, a microbrewery acting as a distributor, or a certificate of approval holder with a direct shipping to Washington retailer endorsement selling beer of its own production to a retailer.

(d) Third-party delivery is prohibited.

(2) Products and price lists - If a beer supplier or distributor lists selected items on which prices are temporarily reduced, these prices must clearly reflect all items and the selling price. All products must be made available to all retail licensees to the extent it is reasonably practical to do so and all retail licensees must be given reasonable notice of all prices and price changes.

(3) Distributor changes

(a) The following guidelines apply when a beer supplier makes a distributor change outside of the regular distributor appointment timelines. The supplier must notify the board in writing that they wish to change their current distributor and appoint a new distributor to be effective immediately.

(b) A beer supplier must notify the board if any of the contracts or agreements listed in this rule are revised or terminated by either party.

(4) Price lists for new distributors - When the board issues a new beer distributor license, the licensee must have a price list available.

(5) Accommodation sales - The provisions of this rule do not apply when a beer distributor makes an accommodation sale to another beer distributor and this sale is made at a selling price that does not exceed the laid-in cost of the beer being sold. Accommodation sales may only be made when the distributor purchasing the beer is an appointed distributor of the supplier, when the distributor is an authorized purchaser of the brand and product being sold, and when the supplying distributor is appointed by the supplier.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-20-100, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-100, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-20-100, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-20-100, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 66.28.180, and 2004 c 160. WSR 04-19-155, § 314-20-100, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-20-100, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030, 66.98.070 and 66.08.060. WSR 86-16-060 (Order 173, Resolution No. 182), § 314-20-100, filed 8/5/86. Statutory Authority: RCW 66.08.030. WSR 85-21-020 (Order 166, Resolution No. 175), § 314-20-100, filed 10/9/85, effective 12/10/85
WSR 82-16-069 (Order 91, Resolution No. 100), § 314-20-100, filed 8/2/82. Statutory Authority: RCW 66.08.030, 66.08.060 and 66.98.070. WSR 78-02-056 (Order 62), § 314-20-100, filed 1/20/78, effective 7/1/78
Order 54, § 314-20-100, filed 5/24/77, effective 7/1/77
Order 51, § 314-20-100, filed 12/15/76
Order 18, § 314-20-100, filed 1/13/72, effective 2/14/72
Order 15, § 314-20-100, filed 5/13/71, effective 7/1/71
Rule 49, filed 6/13/63.

Wash. Admin. Code § 314-20-110 Beer importers—Principal office.

Each beer importer shall keep the board informed at all times of the location of the principal office required by section 23-G, subdivision (2) of the Washington State Liquor Act (RCW 66.24.260) and shall, not less than two days prior thereto notify the board in writing of any change in the location of such office.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-110, filed 12/20/17, effective 1/20/18. Rule 50, filed 6/13/63.

Wash. Admin. Code § 314-20-130 Imported beer—List filed—Labels.

Each beer importer shall at all times keep on file with the board a list showing all beers which such importer intends to import, which list shall contain the trade name of the beer, the name of the brewer, and the location of the brewery at which such beer is manufactured. No beer shall be imported until duplicate copies of all beer labels intended to be used shall have been submitted to and approved by the board or its accredited representative.

History

Rule 52, filed 6/13/63.

Wash. Admin. Code § 314-20-140 Beer importers—Certain duties.

No beer importer shall import or transport or cause to be transported into the state of Washington any brand of beer manufactured within or outside of the United States but outside the state of Washington, unless such importer shall have first filed with the board a notice of his intention so to do, and shall have ascertained from the board that the brewer manufacturing such beer or United States foreign importer of such beer, has obtained from the Washington state liquor and cannabis board a certificate of approval as provided in section 23-F of the Washington State Liquor Act (RCW 66.24.270).

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-20-140, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-140, filed 12/1/04, effective 1/1/05
Rule 53, filed 6/13/63.

Wash. Admin. Code § 314-20-145 Beer certificate of approval fee.

(1) The fee for a beer certificate of approval license is $300 per year. The certificate of approval holder must pay the $300 fee for each privilege as described below:

(a) Manufacturer of beer produced in the United States but outside of Washington state, shipping beer to licensed Washington beer distributors or importers.

(b) Authorized representative for beer produced in the United States but outside of Washington state, shipping beer to licensed Washington beer distributors or importers.

(c) Authorized representative for beer produced outside of the United States, shipping beer to licensed Washington beer distributors or importers.

(2) A certificate of approval holder under RCW 66.24.270 (2)(a) may add an endorsement to the certificate of approval that allows the holder to ship beer or strong beer of the holder's own production directly to licensed liquor retailers. The fee for this endorsement is $150 and is in addition to the fee required for a certificate of approval license.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-20-145, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030, 2006 c 302. WSR 06-11-051, § 314-20-145, filed 5/11/06, effective 6/11/06. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-145, filed 12/1/04, effective 1/1/05.

Wash. Admin. Code § 314-20-160 Importation of foreign beer—Reports—Payment of tax.

Beer manufactured outside of the United States may be imported by a beer importer or distributor, but only under the following conditions:

(1) Such beer shall be imported and delivered directly to either the warehouse of the importer or distributor or to some other warehouse previously designated by the importer or distributor and approved by the board.

(2) All matters pertaining to the importation, transportation, storage, payment of taxes and keeping of records, and all other matters pertaining to the importation of beer manufactured outside the United States shall be subject at all times to such orders, rules and regulations as the board may from time to time prescribe, and the board reserves the right to make orders applicable to individual and particular cases in addition to general orders, rules and regulations applicable generally.

History

Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-20-160, filed 8/9/00, effective 9/9/00. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-20-160, filed 10/28/81
Order 14, § 314-20-160, filed 12/1/70, effective 1/1/71
Rule 55, filed 6/13/63.

Wash. Admin. Code § 314-20-260 Consumer orders, internet sales, and delivery for domestic brewery and microbrewery licensees.

(1) A domestic brewery and microbrewery licensee may accept orders for beer from, and deliver beer to, customers.

(a) Beer shall not be for resale.

(b) Beer must come directly from a licensed domestic brewery or microbrewery possession.

(2) Sales and payment.

(a) Only a domestic brewery or microbrewery licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a domestic brewery or microbrewery licensee, except for transmittal of payment through a third-party service. The use of internet or mobile application for retail customers to purchase alcohol in Washington state is allowed under the following conditions:

(i) The internet sale will be made by the domestic brewery or microbrewery;

(ii) The payment for the sale will be processed by the domestic brewery or microbrewery; and

(iii) The domestic brewery or microbrewery pays the owner of the internet or mobile application a service fee.

(b) All orders and payments shall be fully processed before beer transfers ownership or, in the case of delivery, leaves a licensed domestic brewery's or microbrewery's possession.

(c) Payment method. Payment methods include, but are not limited to: Cash, credit or debit card, check or money order, electronic funds transfer, or an existing prepaid account.

(d) Internet. To sell wine via the internet, a domestic brewery or microbrewery applicant must request internet sales privileges from the board prior to beginning internet sales.

(3) Delivery shall be made only to a residence or business that has an address recognized by the United States postal service; however, the board may grant an exception to this rule at its discretion. A residence includes a hotel room, a motel room, or other similar lodging that temporarily serves as a residence.

(4) Beer may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.

(5) Age requirement.

(a) Under chapter 66.44 RCW, any person under twenty-one years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.

(b) A delivery person must verify the age of the person accepting delivery before handing over liquor.

(c) If no person twenty-one years of age or older is present to accept a liquor order at the time of delivery, the liquor shall be returned.

(6) Delivery of liquor is prohibited to any person who shows signs of intoxication.

(7) Beer must be sold in original containers.

(8) Packages delivered by a third party must have language stating that:

(a) The package contains liquor;

(b) The recipient must be twenty-one years of age or older; and

(9) Records and files shall be retained at the licensed premises. Each delivery sales record shall include the following:

(a) Name of the purchaser;

(b) Name of the person who accepts delivery;

(d) Time and date of purchase and delivery.

(i) A private carrier must obtain the signature of the person who receives liquor upon delivery.

(ii) A sales record does not have to include the name of the delivery person, but it is encouraged.

(10) When selling over the internet, all website pages associated with the sale of liquor must display the domestic brewery or microbrewery licensee's registered trade name.

(11) A domestic brewery or microbrewery licensee shall be accountable for all deliveries of liquor made on its behalf.

(12) The board may impose administrative enforcement action upon a licensee, or suspend or revoke a licensee's delivery privileges, or any combination thereof, should a licensee violate any condition, requirement, or restriction.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-20-260, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 314-20-350 Contract packaging services endorsement for domestic breweries and microbreweries.

Consistent with RCW 66.24.248:

(1) There is an endorsement available to domestic breweries, microbreweries, wineries, distilleries, and craft distilleries to provide contract packaging services to other domestic breweries, microbreweries, wineries, distilleries, craft distilleries, and nonliquor licensed businesses.

(2) Contract packaging services allowed under the endorsement include:

(a) Canning, bottling, and bagging;

(b) Mixing products before packaging;

(d) Receiving and returning products to the originating liquor licensed businesses as part of a contract in which the contracting liquor licensed party for which the services are being provided retains title and ownership of the products at all times.

(3) An application for an endorsement under this section must be submitted to the board's licensing division. If a licensee is in good standing at the time of the application request, the endorsement will be issued without further requirement for additional licensing or administrative review. "Good standing" means currently licensed, not suspended, and having the proper federal alcohol and tobacco tax and trade bureau permits. The applicant must submit a copy of the proper federal permits with the application. If at any time after the endorsement is issued a licensee begins contract packaging a product for which new federal permits are required, the licensee must submit a copy of the proper federal permits to the board's licensing division.

(4) Consistent with RCW 66.08.130, endorsement holders must make a copy of any contracts and federal permits available to representatives of the board upon request.

(5) The annual fee for this endorsement is $150.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-20-350, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.248. WSR 22-19-035, § 314-20-350, filed 9/14/22, effective 10/15/22.

Chapter 314-21 Controlled purchase programs.

Wash. Admin. Code § 314-21-005 What is an in-house controlled purchase program?

(1) Per RCW 66.44.290, an in-house controlled purchase program is a program that allows retail liquor licensees to use 18, 19, or 20 year old persons to attempt to purchase alcohol for the purpose of evaluating the licensee's training program regarding the sale of liquor to persons under 21 years of age.

(2) The licensee's controlled purchase program must meet the requirements of RCW 66.44.290, WAC 314-21-015, and 314-21-025.

(3) Per RCW 66.44.290, violations occurring under an in-house controlled purchase program may not be used for criminal prosecution or administrative action by the liquor and cannabis board.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-21-005, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.44.290. WSR 02-11-030, § 314-21-005, filed 5/7/02, effective 6/7/02.

Wash. Admin. Code § 314-21-015 How can liquor licensees receive approval to conduct an in-house controlled purchase program?

A retail liquor licensee must receive prior written approval from the liquor and cannabis board's enforcement and education division before conducting an in-house controlled purchase program.

(1) The board's approval will be based on the licensee submitting a written plan that meets the requirements outlined in RCW 66.44.290 and chapter 314-21 WAC.

(2) It will take up to 20 days for the licensee to receive written approval from the liquor and cannabis board's enforcement and education division once the licensee submits a properly completed written request, therefore the licensee must submit his/her request in writing to the board's enforcement and education division at least 20 working days prior to the first controlled purchase program.

(3) The written request must contain:

(a) The location(s) at which the licensee would like to conduct controlled purchase programs.

(b) The name and contact telephone number(s) of the person who will be on the premises supervising the control purchased program, who must be at least 21 years of age.

(c) The licensee's written procedures for their in-house controlled purchase program, which must address all of the guidelines in WAC 314-21-025.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-21-015, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.44.290. WSR 02-11-030, § 314-21-015, filed 5/7/02, effective 6/7/02.

Wash. Admin. Code § 314-21-025 What are the guidelines for controlled purchase programs?

A retail liquor licensee may conduct an in-house controlled purchase program under the following conditions:

(1) The licensee must keep a statement on file signed by the licensee and each employee indicating that the employee has received training regarding the sale of liquor to persons under 21 years of age. Restaurant, tavern, or sports/entertainment facility licensees must keep on file either such a statement for each employee or a copy of the employee's mandatory alcohol server training permit. These records must be maintained on the licensed premises, available for inspection by the board, unless otherwise approved in writing by the liquor and cannabis board's enforcement and education division.

(2) During an in-house controlled purchase program, the person supervising the program must possess:

(a) The licensee's controlled purchase program procedures,

(b) The board's written approval of the in-house controlled purchase program, and

(3) The persons participating in the in-house controlled purchase program must be at least 18 years of age.

(4) The persons participating in the in-house controlled purchase program may not use fraudulent identification and should not be deceptively mature in appearance.

(5) The licensee must ensure that two photos are taken of the persons participating in the in-house controlled purchase program on the day of the program. One photo must be full face and one photo must show the employee from head to toe. These photos must be maintained on the licensed premises, available for inspection by the board.

(6) If persons participating in the in-house controlled purchase program are paid for their time, the compensation of such persons may not be based on the number of successful purchases made during the course of the in-house controlled purchase program.

(7) The licensee must have written procedures that ensure any liquor purchased by an 18, 19, or 20 year old person during an in-house controlled purchase program is adequately secured by the licensee or an employee who is at least 21 years of age immediately following an occurrence of any purchase.

(8) Per RCW 66.44.290, the licensee must provide their employees a written description of the employer's in-house controlled purchase program, which must include a notice of action an employer may take as a consequence of an employee's failure to comply with the employer's policies regarding the sale of alcohol during an in-house controlled purchase program.

(9) Per RCW 66.44.290, a licensee may not terminate an employee solely for a first-time failure to comply with the licensee's policies regarding the sale of alcohol during an in-house controlled purchase program.

(10) If a licensee's controlled purchase program fails to meet any of the requirements of RCW 66.44.290, WAC 314-21-015, or 314-21-025, the board may revoke its approval to conduct in-house controlled purchase programs. The licensee may reapply for approval to conduct in-house controlled purchase programs not less than one year following the board's revocation of approval.

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-21-025, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-21-025, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.44.290. WSR 02-11-030, § 314-21-025, filed 5/7/02, effective 6/7/02.

Chapter 314-23 Spirits distributors, spirits certificate of approval licenses, and spirits importers.

Wash. Admin. Code § 314-23-001 What does a spirits distributor license allow?

(1) A spirits distributor licensee is allowed to:

(a) Sell spirits purchased from manufacturers, distillers, importers, or spirits certificate of approval holders;

(b) Sell spirits to any liquor licensee allowed to sell spirits;

(d) Sell spirits to bona fide full-time employees per RCW 66.28.185 under the following conditions:

(i) No spirits may be sold unless they are in such condition that they cannot reasonably be sold in the normal course of business, such as damage to the label on an individual bottle;

(ii) No spirits may be sold for less than the spirits distributor licensee's cost of acquisition; and

(iii) No spirits may be sold to a person who has been employed by the spirits distributor licensee for less than ninety days at the time of the sale or who is under the age of twenty-one.

(e) Export spirits from the state of Washington.

(2) The price of spirits sold to retailers may not be below acquisition cost.

History

Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-001, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-001, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-005 What are the fees for a spirits distributor license?

(1) The holder of a spirits distributor license must pay to the board a monthly license fee. The license fee is:

(a) Ten percent of the total revenue from all sales of spirits to employees and retail licensees made during the month for which the fee is due for the first 27 months of licensure; or

(b) Five percent of the total revenue from all sales of spirits to employees and retail licensees made during the month for which the fee is due for the 28th month of licensure and each month thereafter; and

(i) Spirits manufactured in the state, from the distiller; or

(ii) Spirits manufactured outside of the state, from an authorized out-of-state supplier.

(2) For sales to employees under RCW 66.28.185 and 66.24.630, the holder of a spirits distributor license must pay a license fee of 17 percent of the total revenue from sales of spirits to employees made during the month for which the fee is due.

(3) Reporting of sales and payment of fees must be submitted electronically or on forms provided by the board.

(4) The annual fee for a spirits distributor license is $1,980 for each licensed location.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-23-005, filed 1/20/26, effective 1/20/26. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-005, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-005, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-020 What are the requirements for a spirits distributor license?

(1) In addition to any application requirements in chapter 314-07 WAC, applicants applying for a spirits distributor license must submit:

(a) A copy of all permits required by the federal government;

(b) Documentation showing the applicant has the right to the property;

(i) Inventory management; and

(ii) Physical security of spirits product with respect to preventing theft.

(2) Spirits distributors must sell and deliver product from their licensed premises.

History

Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-020, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-021 What are the monthly reporting and payment requirements for a spirits distributor license?

(1) A spirits distributor must submit monthly sales reports and payments to the board.

(2) The required monthly sales reports must be:

(a) Filed electronically or on a form furnished by the board;

(b) Filed every month, including months with no activity or payment due;

(c) Submitted, with any payment due to the board on or before the 20th day of each month for the previous month (for example, a report listing transactions for the month of January is due by February 20th). When the 20th day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day; and

(d) Filed separately for each liquor license held.

(3) Electronic payments will be considered received on the date they post in the LCB receiving account.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-23-021, filed 7/31/24, effective 8/31/24. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-021, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-021, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-022 What if a distributor licensee fails to report or pay, or reports or pays late?

(1) Failure of a spirits distributor licensee to submit monthly reports and payment to the board as required in WAC 314-23-021(1) will be sufficient grounds for the board to suspend or revoke the liquor license.

(2) A penalty of two percent per month will be assessed on any payments postmarked or posted in the LCB receiving account if paying electronically after the 20th day of the month following the month of sale. When the 20th day of the month falls on a Saturday, Sunday, or a legal holiday, the report and payment must be postmarked or posted in the LCB receiving account if paying electronically no later than the next postal business day.

Absent a postmark, and if not paying electronically, the date received at the LCB will be used to determine if penalties are to be assessed.

(3) Electronic payments will be considered received on the date they post in the LCB receiving account.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-23-022, filed 7/31/24, effective 8/31/24. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-022, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030. WSR 14-12-101, § 314-23-022, filed 6/4/14, effective 7/5/14. Statutory Authority: RCW 66.24.630, 66.24.055, 66.24.145 and 66.08.030. WSR 13-07-085, § 314-23-022, filed 3/20/13, effective 4/20/13. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-022, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-030 What does a spirits certificate of approval license allow?

(1) A spirits certificate of approval license may be issued to spirits manufacturers located outside of the state of Washington but within the United States.

(2) There are three separate spirits certificate of approval licenses as follows:

(a) A holder of a spirits certificate of approval may act as a distributor of spirits they are entitled to import into the state by selling directly to spirits distributors or spirits importers licensed in Washington state. The fee for a certificate of approval is $300 per year.

(b) A holder of an authorized representative out-of-state spirits importer or brand owner for spirits produced in the United States but outside of Washington state may obtain a spirits authorized representative domestic certificate of approval license which entitles the holder to import spirits into the state by selling directly to spirits distributors, or spirits importers licensed in Washington state. The fee for an authorized representative certificate of approval for spirits is $300 per year.

(c) A holder of an authorized representative out-of-state spirits importer or brand owner for spirits produced outside of the United States obtains a spirits authorized representative foreign certificate of approval which entitles the holder to import spirits into the state by selling directly to spirits distributors, or spirits importers licensed in Washington state. The fee for an authorized representative certificate of approval for foreign spirits is $300 per year.

(3) A spirits certificate of approval holder, a spirits authorized representative domestic certificate of approval holder, and/or a spirits authorized representative foreign certificate of approval holder must obtain an endorsement to the certificate of approval that allows the shipment of spirits the holder is entitled to import into the state directly to licensed liquor retailers. The fee for this endorsement is $150 per year and is in addition to the fee for the certificate of approval license.

(4) The holder of a certificate of approval license that sells directly to licensed liquor retailers must report to the board monthly, electronically or on forms provided by the board, the amount of all sales of spirits to licensed spirits retailers and spirits distributors.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-23-030, filed 1/20/26, effective 1/20/26. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-030, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.24.640, 66.08.030. WSR 13-07-009, § 314-23-030, filed 3/7/13, effective 4/7/13. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-030, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-040 What are the requirements for a certificate of approval license?

The following documents are required to obtain a certificate of approval license:

(1) Copies of all permits required by the federal government;

(2) Copies of all state licenses and permits required by the state in which your operation is located; and

(3) Licensing documents as determined by the board.

History

Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-040, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-041 What are the monthly reporting requirements for a spirits certificate of approval licensee?

(1) A spirits certificate of approval licensee must submit monthly reports to the board.

(2) The required monthly reports must be:

(a) Filed electronically or on a form furnished by the board;

(b) Filed every month, including months with no activity;

(c) Submitted on or before the 20th day of each month, for the previous month (for example, a report listing transactions for the month of January is due by February 20th). When the 20th day of the month falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day; and

(d) Filed separately for each liquor license held.

(3) Absent a postmark, the date received at the LCB will be used to determine timeliness.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-23-041, filed 7/31/24, effective 8/31/24. Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-041, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-041, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-042 What if a spirits certificate of approval licensee fails to report or reports late?

The board may revoke or suspend a certificate of approval license for failure to submit monthly reports or for submitting reports after the monthly due date.

History

Statutory Authority: Chapter 66.24 RCW, RCW 66.08.030 and Court of Appeals Decision: Washington Restaurant Association, et al., v. WSLCB, 200 Wn.App. 119, 401 P.3d 428 (2017). WSR 19-21-002, § 314-23-042, filed 10/2/19, effective 1/1/20. Statutory Authority: RCW 66.08.030. WSR 14-12-101, § 314-23-042, filed 6/4/14, effective 7/5/14. Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-042, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-050 What does a spirits importer license allow?

(1) A spirits importer license is issued to an in-state spirits importer. A spirits importer is allowed to:

(a) Import spirits into the state of Washington;

(b) Store spirits in the state of Washington;

(d) Export spirits in original containers.

(2) An out-of-state spirits importer is required to obtain an authorized representative certificate of approval license as referenced in WAC 314-23-030.

History

Statutory Authority: RCW 66.08.030, 66.24.055, 66.24.160, 66.24.630, and 66.24.640. WSR 12-12-065, § 314-23-050, filed 6/5/12, effective 7/6/12.

Wash. Admin. Code § 314-23-060 What are "volume discounts"?

Volume discounts are discounts that are based solely on the volume of the spirits and/or wine that is purchased by a retailer from a distributor or supplier. However, the limitations on interactions between the levels of licenses remain including, but not limited to, the prohibition on undue influence and sales below cost.

History

Statutory Authority: RCW 66.08.030. WSR 15-19-130, § 314-23-060, filed 9/21/15, effective 10/22/15.

Wash. Admin. Code § 314-23-070 What is "local market"?

Local market is limited to businesses in geographic recognized market areas such as town, city, county or other recognized geographic area in which distribution services are provided. For the purposes of differential pricing, sales to on-premises retailers and off-premises retailers constitute separate markets.

History

Statutory Authority: RCW 66.08.030. WSR 15-19-130, § 314-23-070, filed 9/21/15, effective 10/22/15.

Wash. Admin. Code § 314-23-075 Are licensed distributors or other suppliers of spirits and wine allowed to provide discounts to on-premises or off-premises retail licensees based on a commitment from the retailer to purchase a particular percentage of the spirits back-bar, well-drinks, wine by the glass, or any combination of these?

(1) It is unlawful for a distributor or other supplier of spirits or wine to offer a lower price to an on-premises or off-premises retailer if the retailer is required to purchase a specific portion of some or all of its wine or spirits from that distributor or supplier in order to qualify for the lower price. Such requirements include, but are not necessarily limited to, agreeing to devote certain percentage of the spirits back-bar, well-drinks, wine by the glass, or any combination of these or other types of purchases to products sold by that distributor or supplier.

(2) Such exclusive discounts are prohibited under RCW 66.28.170 and federal law 27 C.F.R. 6.72.

History

Statutory Authority: RCW 66.08.030. WSR 15-19-130, § 314-23-075, filed 9/21/15, effective 10/22/15.

Chapter 314-24 Domestic wineries and domestic wine distributors.

Wash. Admin. Code § 314-24-001 Definitions.

(1) The following terms are defined in RCW 66.04.010:

(a) Authorized representative;

(b) Domestic winery;

(d) Package;

(e) Sale and sell;

(f) Wine;

(g) Wine distributor;

(h) Wine importer; and

(i) Winery.

(2) COA means certificate of approval.

(3) COLA means certificate of label approval.

(4) Custom crush - A custom crush arrangement involves an agreement or formal contract where one domestic winery (customer) pays another domestic winery (producer) to produce wine to order. (It is not an alternating proprietorship arrangement.)

(5) TTB means the Alcohol and Tax and Trade Bureau.

U.S. Code - Title 27 of the Code of Federal Regulations.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-001, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-24-001, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-24-001, filed 12/1/04, effective 1/1/05.

Wash. Admin. Code § 314-24-003 Standards of identity for wine.

Application of standards. The standards of identity for all classes and types of wine shall meet the standards set forth by TTB and is applicable to all wines produced, imported, bottled, offered for sale, or sold within this state for beverage use or any other purpose, except as hereinafter prescribed. The standards herein established are minimum standards for all wine classes and types defined.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-003, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 85-19-030 (Order 164, Resolution No. 173), § 314-24-003, filed 9/12/85. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-24-003, filed 10/28/81
Order 14, § 314-24-003, filed 12/1/70, effective 1/1/71
Order 5, § 314-24-003, filed 8/7/69, effective 9/8/69.

Wash. Admin. Code § 314-24-006 Substandard wines prohibited.

Application of this regulation. The production, importation or sale of, wine, which fails to conform to the standards prescribed by TTB, or of any wine fermented from raisins, dried fruits, or dried berries, or of any imitation or substandard wine as hereinafter defined, is hereby prohibited.

(1) Imitation wine shall include:

(a) Any wine containing synthetic materials;

(b) Any wine made from a mixture of water with residues remaining after thorough pressing of grapes, fruit or other agricultural products;

(c) Any class or type of wine, the taste, aroma, color or other characteristics of which have been acquired in whole or in part by treatment with methods or materials of any kind, if the taste, aroma, color or other characteristics of normal wines of such class or type are acquired without such treatment; or

(d) Any wine made from "must" concentrated at any time to more than 80 degrees (Balling).

(2) Substandard wine shall include:

(a) Any wine for which a standard of identity is prescribed in these regulations which, through disease, decomposition, or otherwise, fails to have the composition, color, and clean vinous taste and aroma of normal wines conforming to such standard; or

(b) Wine of any class or type containing added water, or sugar and water solution, in excess of the quantities expressly authorized for standard wine made from the same kind or kinds of materials as prescribed by TTB.

(3) Coined names:

(a) The sale in this state of wines, identified on labels or in advertisements by a type of brand designation which implies mixtures of wines for which standards of identity are established in these regulations, or which identifying type or brand designation resembles an established wine type name such as Angelica, Madeira, Muscatel, Port, White Port, Sherry, Tokay, Sauterne, Claret, Burgundy, etc., is hereby prohibited.

(b) The sale in this state of wine or combinations of wine and other alcoholic beverages which contain on the label statements such as whiskey wine, rum and wine, gin and wine, beer and wine, etc., or simulations of such combinations, is hereby prohibited.

(4) Containers:

(a) The sale of wine in any container originally designed for a product other than wine or in any container the design or shape of which would tend to mislead the consumer as to the nature of the contents, is hereby prohibited.

(b) The sale of wine in containers which have blown, branded or burned therein the name or other distinguishing mark of any person engaged in business as a wine producer, importer, distributor, or bottler or any other person different from the person whose name is required to appear on the brand label, is hereby prohibited.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-006, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-006, filed 9/2/98, effective 10/3/98
Order 5, § 314-24-006, filed 8/7/69, effective 9/8/69.

Wash. Admin. Code § 314-24-008 Application procedure for domestic wineries.

(1) There shall be a license for domestic wineries pursuant to RCW 66.24.170. Applications for a domestic winery shall be accompanied by information the board may request including, but not limited to:

(a) A floor plan showing the complete winery premises, including the production, storage, public tasting areas, office, and other spaces.

(b) A written description of the proposed method of production with appropriate documentation indicating the winery will be producing wine on the licensed premises.

(2) The domestic winery shall be physically separated from any other use as prescribed by the board.

(3) Provide the board with a copy of an approved producer/blender TTB permit.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-008, filed 12/20/17, effective 1/20/18.

Wash. Admin. Code § 314-24-020 Sanitation.

Domestic winery premises shall be constructed, kept and maintained in a clean and sanitary condition, and in accordance with such rules and regulations as shall be prescribed by the state department of agriculture through the dairy and food division, for the sanitation thereof and applicable to the sanitation of such winery premises.

History

Order 5, § 314-24-020, filed 8/7/69, effective 9/8/69
Rule 60, filed 6/13/63.

Wash. Admin. Code § 314-24-040 Wine labels—Federal certificate of label approval required—Labels to be submitted.

(1) No wine shall be imported or sold within the state of Washington until the certificate of approval holder, or domestic winery, or United States importer of foreign wine, shall have submitted to the board:

(a) The federal certificate of label approval for such wine which has been issued by the TTB; and/or

(b) One label of the brand and type for which tracking is requested for wines under seven percent alcohol by volume.

(2) Any change in label or product which requires reissuance of federal approval under the TTB, must also be submitted to the board in accordance with the foregoing provisions of this regulation.

(3) Every producer, importer, bottler, distributor, or wine certificate of approval holder shall, upon request of the board or its authorized representative, furnish without cost to the board, samples of any brand of wine upon its premises for the purpose of analysis in order to determine whether the wine conforms to the quality standards set by the board in WAC 314-24-060 and conforms with commercial standards.

(4) No label shall be used that is misleading.

(5) No label shall be used that is designed to be appealing to children or other persons under legal age to consume. Persons who appear to be under legal age to consume may be depicted on a label when, in the discretion of the board, the depiction is dignified and does not promote illegal consumption of liquor.

(6) Wineries are not required to submit labels for tracking to the board for wine sold directly to Washington consumers under a direct shipper's permit. Wine labels may not be misleading and may not be designed to appeal especially to persons under the age of twenty-one.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-040, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-24-040, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-24-040, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-24-040, filed 12/1/04, effective 1/1/05. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-040, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 92-03-110, § 314-24-040, filed 1/21/92, effective 2/21/92
WSR 89-02-014 (Order 274, Resolution No. 283), § 314-24-040, filed 12/28/88. Statutory Authority: RCW 66.08.030 and 66.28.110. WSR 88-17-095 (Order 254, Resolution No. 263), § 314-24-040, filed 8/23/88
Order 57, § 314-24-040, filed 7/28/77, effective 9/1/77
Order 42, § 314-24-040, Rule 62, filed 11/6/75
Order 19, § 314-24-040, filed 8/10/72
Order 5, § 314-24-040, filed 8/7/69, effective 9/8/69
Rule 62, filed 6/13/63.

Wash. Admin. Code § 314-24-050 Alcoholic content.

No wine shall exceed twenty-four percent of alcohol by volume at 60 degrees Fahrenheit, calculated from the distillate.

Label tolerance:

(1) The alcoholic content of wines containing in excess of fourteen percent of alcohol by volume shall be within one percent plus or minus of the label claim, but not to exceed the prescribed 24% limitation. In the event a maximum range of two percent is stated on the label, the alcoholic content must be within the stated range.

(2) The alcoholic content of wines containing less than fourteen percent of alcohol by volume shall be within one and one-half percent plus or minus of the label claim. In the event a maximum range of three percent is stated on the label, the alcoholic content must be within the stated range.

History

Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-24-050, filed 10/28/81
Order 5, § 314-24-050, filed 8/7/69, effective 9/8/69
Rule 63, filed 6/13/63.

Wash. Admin. Code § 314-24-060 Quality standards.

All wines of the types and classes hereinafter set forth sold in the state of Washington shall meet the minimum requirements set by TTB.

(1) Preservatives: No wines shall contain preservatives such as benzoic acid, salicylic acid or monochloracetic acid, or their derivatives except that wines classified as specialty wine in accordance with WAC 314-24-003 may use benzoic acid or its derivatives if such use has been approved by the United States Food and Drug Administration.

(2) Stability: All wines shall be free from precipitates, colloidal matter, metallic casse, haze due to yeast, bacteria, tartrates, or other causes as determined by usual stability tests: Provided, however, That sediment may be allowed at the discretion of the board when it occurs in accordance with commercial standards commonly accepted by trade designations as normal and indicative of the wine's composition.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-060, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 88-11-009 (Order 250, Resolution No. 259), § 314-24-060, filed 5/10/88
WSR 86-24-030 (Order 205, Resolution No. 214), § 314-24-060, filed 11/25/86
WSR 85-24-041 (Order 169, Resolution No. 178), § 314-24-060, filed 11/27/85
Order 14, § 314-24-060, filed 12/1/70, effective 1/1/71
Order 5, § 314-24-060, filed 8/7/69, effective 9/8/69
Rule 64, filed 6/13/63.

Wash. Admin. Code § 314-24-070 Domestic wineries—Purchase and use of bulk wines, brandy or wine spirits—Import permit required—Records—Wine returned to Washington.

(1) Domestic wineries may purchase and/or receive under federal bond from any holder of a domestic winery license, holder of the fruit and/or wine distillery license provided in RCW 66.24.140, or out-of-state holder of a federal winery or fruit distillery basic permit, bulk wine, brandy or bulk wine spirits manufactured or produced by such holder, and use the same in the manufacture or production of wines: Provided, That every domestic winery which imports wine, brandy or wine spirits manufactured outside the state of Washington for use as authorized in this section must first be in possession of a permit issued by the board, in accordance with RCW 66.20.010(5) of the Washington State Liquor Act. Applications for such permits must be submitted to the board in writing. Such permits expire at the end of the board's fiscal year, and are subject to renewal at that time upon written request and remittance of said annual fee. Wine manufactured or produced from one kind of fruit or berry may not receive wine, brandy or wine spirits manufactured or produced from another kind of fruit or berry. Such brandy or wine spirits so purchased shall be used exclusively and only for the purpose of adding wine spirits to wines. In those cases where the holder of a domestic winery license shall also hold such fruit and/or wine distillery license, then, and in such cases, such domestic winery may use brandy or wine spirits manufactured or produced under such distillery license as a wine spirits addition in the manufacture or production of wine by such holder of the domestic winery license.

(2) Any domestic winery using wine, brandy or wine spirits as provided in subsection (1) of this section, shall make and file with the board, not later than the 10th day of each month upon forms prescribed and furnished by the board, a report showing all transactions of such domestic winery in the purchase and/or use of wine, brandy or wine spirits as provided in said subsection (1) of this section, and shall retain one copy of such report in its own files, and shall keep and preserve for a period of not less than two years any bills of lading or other documents supporting such report. One copy of the bill of lading covering such sale and shipment to a domestic winery is to be forwarded to the board by the shipping winery or fruit distillery, at the time of such shipment.

(3) A domestic winery may ship Washington wine out of and may return such wine to Washington state for ultimate sale. The following conditions apply:

(a) The wine is produced and bottled in Washington by a licensed winery.

(b) The export shall be from the licensed winery and returned to the same entity, a licensed wine distributor or bonded wine warehouse.

(d) A domestic winery, a licensed wine distributor, or bonded wine warehouse directly receiving previously exported Washington wine must comply with tax collection and tracking requirements initiated by the liquor and cannabis board.

(e) A domestic winery, a licensed wine distributor, or bonded wine warehouse directly receiving previously exported Washington wine must keep on file for audit purposes clear source records (shipping documents, etc.) with reporting documents. Records need to indicate what wine was returned to the state that was previously reported as an export (including number of cases and gallons).

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-24-070, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-070, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 14-06-109, § 314-24-070, filed 3/5/14, effective 4/5/14
WSR 12-24-091, § 314-24-070, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-24-070, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-24-070, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030. WSR 86-11-014 (Order 184, Resolution No. 193), § 314-24-070, filed 5/13/86
Order 14, § 314-24-070, filed 12/1/70, effective 1/1/71
Order 5, § 314-24-070, filed 8/7/69, effective 9/8/69
Rule 65, filed 6/13/63.

Wash. Admin. Code § 314-24-080 Containers—Sizes and types permitted.

(1) All wine sold for consumption in the state shall be sold in packages or container sizes approved by the TTB for marketing within the United States. A copy of the federal certificate of label approval must be submitted with each such request for authorization.

(2) No domestic winery or wine distributor, or wine importer shall adopt or use any packages for wine differing in sizes and case capacities from: Manufacturer's original full cases. The board may, in its discretion, authorize other container and/or keg size packages it deems appropriate.

(3) Wine referred to in subsections (1) and (2) of this regulation may also be packaged and sold in metric standards of fill and in case sizes as are established in 27 Code of Federal Regulations. Wine may be bottled or packed in containers of four liters or larger if the containers are filled and labeled in quantities of even liters.

(4) Wine imported from foreign countries may be packaged and container sizes approved by the TTB for marketing within the United States. A copy of the federal certificate of label approval must be submitted with each such request for authorization.

(5) For taxing purposes and in all reports to the board, the approved enumerated designations of package sizes, and no others, shall be used.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-080, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-080, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 86-07-022 (Order 172, Resolution No. 181), § 314-24-080, filed 3/13/86. Statutory Authority: RCW 66.08.030, 66.08.050 and 66.98.070. WSR 78-09-012 (Order 67, Resolution No. 76), § 314-24-080, filed 8/8/78
Order 49, § 314-24-080, filed 8/26/76
Order 37, § 314-24-080, filed 7/17/75
Order 19, § 314-24-080, filed 8/10/72
Order 14, § 314-24-080, filed 12/1/70, effective 1/1/71
Order 5, § 314-24-080, filed 8/7/69, effective 9/8/69
Resolution No. 3, filed 9/8/64
Rule 66, filed 6/13/63.

Wash. Admin. Code § 314-24-090 Wine labels.

(1) Every package or container of wine intended for sale within the state of Washington shall bear a label in compliance with RCW 66.28.110. Such label shall show:

(a) The brand name of the wine.

(b) Class, type or other designation.

(c) The name, city, and state of the bottler or packager, which shall be stated as follows "Bottled by . . . . . . " Where a bottler or packager has made not less than 75% of the wine in a particular package or container by crushing the grapes or other materials, fermenting the must and clarifying the resulting wine, there may be stated in lieu of the words "bottled by" the words "manufactured and bottled by" or "produced and bottled by." In addition to the name and address of the bottler or packager, but not in lieu thereof, there may be stated the name and address of the manufacturer or producer.

(d) The alcoholic content of the wine by volume, stated as provided in either (i) or (ii) of this subsection:

(i) "Alcohol . . . . . . % by volume."

(ii) "Alcohol . . . . . . % to . . . . . . % by volume."

(e) The net contents of the package or container: Provided, That the net contents need not be stated on any label if the net contents are displayed by having the same blown or branded in the package or container as the brand label, in letters or figures in such manner as to be plainly legible under ordinary circumstances, and such statement is not obscured in any manner in whole or in part.

(2) No label shall be used until after the same has been approved by TTB and submitted to the board. For labels not requiring federal COLA, a form prescribed by the board shall be completed and submitted to the board for approval.

(3) No label shall be used that is misleading.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-090, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.28.120 and 66.28.110. WSR 87-21-036 (Order 230, Resolution No. 239), § 314-24-090, filed 10/13/87. Statutory Authority: RCW 66.28.110. WSR 87-08-016 (Order 216, Resolution No. 225), § 314-24-090, filed 3/24/87
Order 5, § 314-24-090, filed 8/7/69, effective 9/8/69
Rule 67, filed 6/13/63.

Wash. Admin. Code § 314-24-100 Domestic wineries—Responsibility for fruits used—Records.

Every domestic winery shall keep proper records as required by TTB, in a form approved by the board showing the place of origin and/or purchase of all fruits and fruit products used by such winery in the manufacture of wine, which records shall be kept at the office of such winery for a minimum of three years and available at all times for inspection by the board.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-100, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 86-11-014 (Order 184, Resolution No. 193), § 314-24-100, filed 5/13/86
Order 5, § 314-24-100, filed 8/7/69, effective 9/8/69
Rule 68, filed 6/13/63.

Wash. Admin. Code § 314-24-105 Application procedure—Wine distributor's or importer's license.

Any person making application for a new wine distributor's or importer's license shall submit to the board, as a condition precedent to the board considering the application, such information as may be requested by the board to include a copy of an approved wholesaler permit issued by TTB, and shall additionally submit a written commitment from a manufacturer or importer that the product the applicant proposes to distribute is available to him should a license be issued.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-105, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-105, filed 9/2/98, effective 10/3/98
Order 55, § 314-24-105, filed 5/31/77, effective 7/1/77.

Wash. Admin. Code § 314-24-107 Winery warehouse license.

(1) A licensee holding a domestic winery license under RCW 66.24.170 and acting as a distributor of its own products may apply for a winery warehouse license. There is no fee for this license.

(2) A winery warehouse is a premises located off the winery premises that is used for the storage of bulk wine and the distribution of the winery's own products. Storage of bulk wine may require a federal registry number.

(3) No part of the production process may take place at the winery warehouse premises.

(4) There may be no retail sales from the winery warehouse premises.

(5) The winery warehouse must be approved by the board under RCW 66.24.010 and the number of warehouses off the winery premises may not exceed one.

History

Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-24-107, filed 12/16/09, effective 1/16/10.

Wash. Admin. Code § 314-24-115 Wine importers—Requirements.

(1) Principal office: Each wine importer shall keep the board informed at all times of the location of the principal office required by the Washington State Liquor Act and shall, not less than 30 days prior thereto notify the board in writing of any change in the location of such office.

(2) Warehouses: Wine importers maintaining warehouses at which wine imported by such importer is stored shall have the location approved by the board.

(3) Certain duties: No wine importer shall import or transport or cause to be transported into the state of Washington any brand of wine manufactured within the United States but outside the state of Washington, unless such importer shall have first filed with the board a notice of their intention so to do, and shall have ascertained from the board that the winery manufacturing such wine has obtained from the Washington state liquor and cannabis board a certificate of approval as provided in the Washington State Liquor Act (section 10, chapter 21, Laws of 1969 ex. sess.).

History

Statutory Authority: RCW 66.08.030. WSR 24-23-002, s 314-24-115, filed 11/6/24, effective 12/7/24. Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-24-115, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-115, filed 12/20/17, effective 1/20/18
Order 26, § 314-24-115, filed 8/14/73
Order 5, § 314-24-115, filed 8/7/69, effective 9/8/69
Rule 69, filed 6/13/63.

Wash. Admin. Code § 314-24-117 Wine certificate of approval.

(1) The certificate of approval holder must pay the fee for each privilege as described below:

(a) Manufacturer of wine produced in the United States but outside of Washington state, shipping wine to licensed Washington wine distributors or importers.

(b) Authorized representative for wine produced in the United States but outside of Washington state, shipping wine to licensed Washington wine distributors or importers.

(c) Authorized representative for wine produced outside of the United States, shipping wine to licensed Washington wine distributors or importers.

(2) A certificate of approval holder under RCW 66.24.206 (1)(a) may add an endorsement to the certificate of approval that allows the holder to ship wine of the holder's own production directly to licensed liquor retailers. The fee is in addition to the fee required for a certificate of approval license.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-117, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 2006 c 302. WSR 06-11-051, § 314-24-117, filed 5/11/06, effective 6/11/06. Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-24-117, filed 12/1/04, effective 1/1/05.

Wash. Admin. Code § 314-24-120 Importation of foreign wine—United States wineries—Reports—Records.

(1) Foreign wine. Wine manufactured outside of the United States may be imported by a wine importer or distributor under the following conditions:

(a) The wine importer or distributor importing such wine must obtain label approval in accordance with WAC 314-24-040. Such wine shall be imported and delivered directly to either the warehouse of the importer or distributor or to some other warehouse previously designated by the importer or distributor and approved by the board.

(b) All matters pertaining to the importation, transportation, storage, keeping of records, and all other matters pertaining to the importation of wine manufactured outside the United States shall be subject at all times to such orders, rules and regulations as the board may from time to time prescribe, and the board reserves the right to make orders applicable to individual and particular cases in addition to general orders, rules and regulations applicable generally.

(2) Holders of certificate of approval—United States wineries, located outside of Washington state. Except as authorized in WAC 314-24-117, each winery holding a certificate of approval may ship wine to licensed wine importers and/or distributors only. By the written agreement embodied in the application for certificate of approval, each winery holding a certificate of approval shall file the report(s) required by WAC 314-19-015.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-120, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030. WSR 12-24-091, § 314-24-120, filed 12/5/12, effective 1/5/13. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-24-120, filed 8/9/00, effective 9/9/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-120, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 82-04-035 (Order 95, Resolution No. 104), § 314-24-120, filed 1/28/82
WSR 81-22-026 (Order 85, Resolution No. 94), § 314-24-120, filed 10/28/81
Order 26, § 314-24-120, filed 8/14/73
Order 5, § 314-24-120, filed 8/7/69, effective 9/8/69
Rule 71, filed 6/13/63.

Wash. Admin. Code § 314-24-130 Case lot sales.

No domestic winery, wine distributor, wine importer, or certificate of approval holder shall sell or otherwise deliver wine to another domestic winery, wine distributor, and wine importer except in whole case lots, nor shall any such licensee receive from any other such licensee wine except in whole case lots.

History

Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-130, filed 9/2/98, effective 10/3/98
Order 5, § 314-24-130, filed 8/7/69, effective 9/8/69
Rule 72, filed 6/13/63.

Wash. Admin. Code § 314-24-140 Sales to vessels.

Tax paid wine may be sold direct by wine distributors to:

(1) Vessels engaged in foreign commerce and operating on regular schedules.

(2) Vessels engaged in interstate commerce and operating on regular schedules.

(3) Vessels commonly known as "tramps," engaged in interstate and/or foreign commerce but not operating on regular schedules and taking cargo when and where it offers and to any port.

Wine may not be sold direct by wine distributors to any other class of boat or vessel unless the boat or vessel is in possession of a proper retail license.

History

Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-140, filed 9/2/98, effective 10/3/98
Order 5, § 314-24-140, filed 8/7/69, effective 9/8/69
Rule 73, filed 6/13/63.

Wash. Admin. Code § 314-24-150 Wine records—Preservation.

(1) Every domestic winery, wine distributor, wine certificate of approval holder, wine shipper permit holder, and wine importer shall keep wine accounts separate from other accounts, and maintain proper records in a form approved by the board showing all transactions in wine.

(2) Every domestic winery, wine distributor, and wine importer, shall, in the case of sales of wine within the state, keep and preserve all invoices, bills of lading, sales slips, and other evidence of sale, in the office of the domestic winery, wine distributor or wine importer for at least three years after each sale.

(3) Every domestic winery, wine distributor, and wine importer, shall, in the case of wine exported from the state, keep and preserve all bills of lading and other evidence of shipment in the office of the domestic winery, wine distributor, or wine importer for at least three years after each shipment.

(4) Both the shipping and receiving licensees and permittees, as the case may be, shall keep and preserve all invoices, bills of lading, sales slips, and other evidence of sale, transfer or shipment in their respective offices for at least three years after each sale, transfer or shipment.

(5) Licensees and permittees may maintain microfilm records containing reproductions (including microfiche) of any record, document, or report if first approved by the board. Request for approval shall be directed to the financial division of the Washington state liquor and cannabis board and must include the following information:

(a) Records proposed to be reproduced.

(b) Reproduction process.

(d) Facilities provided for examining or viewing such reproduction.

If the request is approved, the licensee or permittee shall provide for the examining, viewing, and reproduction of such records the same as if they were the original records.

(6) If the licensee or permittee keeps records within an automated data processing (ADP) system, the system must include a method for producing legible records that will provide the same information required of that type of record within this section. The ADP system is acceptable if it complies with the following guidelines:

(a) Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.

(7) The provisions contained in subsections (5) and (6) of this section do not eliminate the requirement to maintain source documents, but they do allow the source documents to be maintained in some other location.

History

Statutory Authority: RCW 66.08.030 and 2015 c 70. WSR 24-16-064, § 314-24-150, filed 7/31/24, effective 8/31/24. Statutory Authority: RCW 66.08.030 and 66.28.320. WSR 10-01-090, § 314-24-150, filed 12/16/09, effective 1/16/10. Statutory Authority: RCW 66.08.030, 66.20.360 through [66.20].380, 66.20.390, 66.24.170, 66.24.206, 66.24.210, 66.24.240, 66.24.244, 66.24.270, 66.24.290, 66.28.170, 66.28.180, and 42.56.270. WSR 07-02-076, § 314-24-150, filed 12/29/06, effective 1/29/07. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-150, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 87-20-013 (Order 229, Resolution No. 238), § 314-24-150, filed 9/29/87
Order 5, § 314-24-150, filed 8/7/69, effective 9/8/69
Rule 75, filed 6/13/63.

Wash. Admin. Code § 314-24-160 Domestic wineries—Retail sales of wine on winery premises—Wine served without charge on premises—Spirit, beer and wine restaurant operation.

(1) A domestic winery may sell wine of its own production at retail on the winery premises.

(2) In selling wine of its own production at retail on its premises as provided in subsection (1) of this regulation, a domestic winery shall conduct such operation in conformity with the statutes and regulations which apply to holders of such wine retailers' licenses. The winery shall maintain records of its retail operation separate from other winery operation records.

(3) Upon written authorization of the board, pursuant to RCW 66.04.011, wine of a domestic winery's own production and/or liquor products other than wine of a licensee's own production may be consumed in designated parks and picnic areas adjacent to and held by the same ownership as the domestic winery.

(4) A domestic winery or a lessee of a licensed domestic winery operating a spirit, beer and wine restaurant, licensed pursuant to RCW 66.28.295, shall conduct such operation in conformity with the statutes and regulations which apply to holders of such spirit, beer and wine restaurant licenses.

(5) A domestic winery may serve its own wine and wine not of its own production without charge on the winery premises as authorized by RCW 66.28.295(2).

(6) Anyone involved in the selling or serving of alcohol, including the pouring of samples, for on-premises consumption must obtain a class 12 or class 13 alcohol server permit.

(7) No retail license or fee is required for the holder of a domestic winery license to serve wine without charge on the winery premises as set forth in subsection (5) of this regulation. Before exercising this privilege, however, such winery shall obtain approval of the proposed service area and facilities. Such winery shall maintain a separate record of all wine so served.

(8) A domestic winery may sell for off-premises consumption wine of its own production in kegs or sanitary containers brought to the premises by the purchaser or furnished by the licensee in compliance with WAC 314-24-006(4) and filled at the tap at the time of sale.

(9) A winery is required to obtain the appropriate retail license pursuant to chapter 66.24 RCW to sell beer, wine, or spirits on the winery premises that is not of its own production. The winery shall follow the appropriate rules for such retail licenses.

(10) Licensed wine manufacturers and their employees may: Sample wine of their own manufacture for manufacturing, evaluating, or pricing product in areas where the public is not served, so long as the licensee or employee does not become apparently intoxicated; and the licensee or employee is not also engaged in serving alcohol to the public.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-24-160, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-160, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-24-160, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030 and 66.08.050. WSR 12-17-006, § 314-24-160, filed 8/1/12, effective 9/1/12. Statutory Authority: RCW 66.08.030, 66.24.210, 66.24.230, 66.24.290, 66.24.305, 66.24.270, 66.24.215, 66.24.580, 66.24.206. WSR 00-17-065, § 314-24-160, filed 8/9/00, effective 9/9/00. Statutory Authority: RCW 66.08.030, 15.88.030, 19.126.020, 66.04.010, 66.08.180, 66.16.100, 66.20.010, 66.20.300, 66.20.310, 66.24.150, 66.24.170, 66.24.185, 66.24.200, 66.24.206, 66.24.210, 66.24.230, 66.24.240, 66.24.244, 66.24.250, 66.24.375, 66.24.380, 66.24.395, 66.24.400, 66.24.420, 66.24.425, 66.24.440, 66.24.450, 66.24.455, 66.24.495, 66.24.540, 66.28.010, 66.28.040, 66.28.050, 66.28.170, 66.28.180, 66.28.190, 66.28.200, 66.28.310, 66.44.190, 66.44.310, 66.98.060 and 82.08.150. WSR 98-18-097, § 314-24-160, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 93-11-028, § 314-24-160, filed 5/10/93, effective 6/10/93
WSR 86-12-023 (Order 190, Resolution No. 199), § 314-24-160, filed 5/28/86
Order 61, § 314-24-160, filed 12/6/77
Order 40, § 314-24-160, filed 8/21/75
Order 5, § 314-24-160, filed 8/7/69, effective 9/8/69
Rule 76, filed 6/13/63.

Wash. Admin. Code § 314-24-161 Domestic winery—Additional locations for retail sales only.

A licensee holding a domestic winery license under RCW 66.24.170 may apply for four additional location licenses.

(1) Wine-related retail activities allowed at an additional location include:

(a) Serving of samples provided with or without charge to customers (must be wine of the winery's own production). Samples are subject to taxes under WAC 314-19-015 (4)(b);

(b) Selling wine of the winery's own production for either on-premises or off-premises consumption;

(c) Selling for off-premises consumption wine of its own production in kegs or sanitary containers brought to the premises by the purchaser or furnished by the licensee and filled at the tap at the time of sale; and

(d) Renting space for public and private events, such as catered events (subject to all of the provisions of this section, to Title 66 RCW covering the "tied house" restrictions, and to RCW 66.24.320 and 66.24.420).

(2) A licensee may request approval for an outside designated area. For the purpose of this section, an "outside designated area" means a specific area located on an outside track of land where alcohol consumption is allowed.

(a) An outside designated area must have prior written approval from the board's licensing division.

(b) The outside designated area shall be marked as such, and shall be enclosed in accordance with WAC 314-02-130(1).

(3) Anyone involved in the selling or serving of wine, including the pouring of samples, at an additional location for on-premises consumption must obtain a Class 12 or Class 13 alcohol server permit.

(4) A winery additional location may hold a beer and wine restaurant license at the additional location premises under the following conditions:

(a) The licensee must apply for a beer and wine restaurant license with fees for the additional location:

(i) If a location is shared with multiple wineries not of the same entity, violations will be addressed per the requirements of RCW 66.24.170(4).

(ii) Where the location is shared with multiple wineries, the applicant will include in their application a list of other license holders at that location as well as a sketch illustrating the location of each licensee.

(iii) The licensee applying for the retail license must provide a letter from each winery sharing the additional location that acknowledges and accepts the conditions in (a)(i) of this subsection.

(b) The licensee must abide by all laws and rules of the retail license.

History

Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030. WSR 18-02-006, § 314-24-161, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.08.030, 66.24.371, and 66.24.590. WSR 15-01-001, § 314-24-161, filed 12/3/14, effective 1/3/15. Statutory Authority: RCW 66.08.030. WSR 09-02-010, § 314-24-161, filed 12/29/08, effective 1/29/09.

Wash. Admin. Code § 314-24-163 Domestic winery endorsement for on-premises consumption of beer.

Consistent with RCW 66.24.246:

(1) A licensed domestic winery may apply for an endorsement to sell beer for on-premises consumption. A separate endorsement is required for each location.

(2) The endorsement holder must comply with each of the following requirements:

(a) The beer must be produced in Washington;

(b) The beer must be sold by the single serving for on-premises consumption; and

(d) Anyone involved in the selling or serving of alcohol, including the pouring of samples, for on-premises consumption must obtain a class 12 or class 13 alcohol server permit.

(3) The annual fee for the on-premises consumption endorsement is $300 for each location.

History

Statutory Authority: RCW 34.05.353, 66.08.030, 66.08.[0]31, 66.20.010, 66.20.110, 66.20.300, 66.20.310, 66.20.400, 66.24.015, 66.24.035, 66.24.055, 66.24.146, 66.24.179, 66.24.246, 66.24.248, 66.24.320, 66.24.330, 66.24.350, 66.24.354, 66.24.360, 66.24.363, 66.24.371, 66.24.420, 66.24.540, 66.24.550, 66.24.580, 66.24.590, 66.24.600, 66.24.610, 66.24.630, 66.24.710, 69.50.325, and 69.50.342. WSR 26-03-072, s 314-24-163, filed 1/20/26, effective 1/20/26. Statutory Authority: RCW 66.08.030 and 66.24.246. WSR 21-03-095, § 314-24-163, filed 1/20/21, effective 2/20/21.

Wash. Admin. Code § 314-24-175 Farmer's market beer and wine sampling.

(1) To conduct beer and wine tasting at a farmer's market, the following criteria must be met:

(a) The farmer's market must be authorized to allow breweries, microbreweries, and wineries to sell bottled wine and/or beer at retail.