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PDFWAC 314-23-080

Are licensed distributors or other licensed suppliers of spirits and wine allowed to provide volume discounts to on-premises or off-premises retail licensees?

(1) Yes, distributors or other licensed suppliers are allowed to provide volume discounts to licensed on-premises and off-premises retailers. The discounts must be based solely on the volume of the spirits and/or wine that is purchased by a retailer from a distributor or other licensed suppliers. However, the limitations on interactions between the levels of licenses remain, including the prohibition on undue influence and sales below cost of acquisition.
(2) Differential pricing between on-premises licensed retailers and off-premises licensed retailers is allowed under the following exceptions:
(a) For spirits: A new product to the market may be sold to on-premises retailers at an "introductory price" for a maximum of six months. After the six-month introductory period the price for on-premises and off-premises retailers must be the same price for the same volume purchased.
(i) "New product" means the product has not previously been offered for sale to retailers.
(ii) "Introductory price" means the price of the spirits product when it first becomes available for purchase.
(b) For wine: Wine may be sold to on-premises retailers and off-premises retailers at different prices.
[Statutory Authority: RCW 66.08.030. WSR 15-19-130, ยง 314-23-080, filed 9/21/15, effective 10/22/15.]
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