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Chapter 314-03 WAC

Last Update: 1/22/20

ALLOWED ACTIVITIES

WAC Sections

HTMLPDF314-03-020Consumer orders, internet sales, and delivery for grocery stores and beer and wine specialty shops.
HTMLPDF314-03-030Consumer orders, internet sales, and delivery for spirits retail licensees.
HTMLPDF314-03-035Consumer orders, internet sales, and delivery for on-premises beer and/or wine liquor licensees.
HTMLPDF314-03-040Consumer orders, internet sales, and delivery for beer and/or wine gift delivery licenses.
HTMLPDF314-03-050Limited patron participation entertainment at a spirits, beer, and wine restaurant or a beer and/or wine restaurant.
HTMLPDF314-03-100What types of activities on a licensed premises require notice to the board?
HTMLPDF314-03-200Outside or extended alcohol service.
HTMLPDF314-03-300Alterations to a licensed premises.
HTMLPDF314-03-400Curbside service.


PDF314-03-020

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 his or her 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 six a.m. and two a.m. Delivery must be fully completed by two a.m.
(7) Age requirement.
(a) Per 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 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 one hundred 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 twenty-one 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.
(c) A sales record does not have to include the name of the delivery person, but it is encouraged.
(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.
[Statutory Authority: RCW 66.08.030. 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.]



PDF314-03-030

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.
(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 spirits via the internet, a new spirits retail license applicant must request internet-sales privileges in his or her 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.
(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. 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 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 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 one hundred 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 twenty-one 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.
(c) A sales record does not have to include the name of the delivery person, but it is encouraged.
(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.
(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.
[Statutory Authority: RCW 66.08.030. 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.]



PDF314-03-035

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.
(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 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.
(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 beer and wine via the internet, a new license applicant must request internet-sales privileges in his or her 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 twenty-one 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 twenty-one 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 one hundred percent resalable condition, with all manufacturer's seals intact.
(b) The outermost surface of a beer and wine package, delivered by a third party, must have language stating that:
(i) The package contains liquor;
(ii) The recipient must be twenty-one 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 beer and wine upon delivery.
(c) A sales record does not have to include the name of the delivery person, but it is encouraged.
(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 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.
[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.]



PDF314-03-040

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.
(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 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.
(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 his or her 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 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 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 one hundred 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 twenty-one 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.
(c) A sales record does not have to include the name of the delivery person, but it is encouraged.
(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.
[Statutory Authority: RCW 66.08.030. 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.]



PDF314-03-050

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.
[Statutory Authority: RCW 66.08.030. WSR 12-16-032, § 314-03-050, filed 7/25/12, effective 8/25/12.]



PDF314-03-100

What types of activities on a licensed premises require 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) Male/female dance reviews, subject to the provision of WAC 314-11-050;
(2) Live boxing or wrestling;
(3) Contests or games where patrons are part of the entertainment;
(4) Hours of operation in between 2:00 a.m. and 6:00 a.m. for licensees that sell liquor for on-premises consumption;
(5) Closing the business to the general public for a private party; and
(6) 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.
[Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-03-100, filed 5/31/17, effective 7/1/17.]



PDF314-03-200

Outside or extended alcohol service.

A licensee must request approval from the board's licensing division for ongoing outside or extended alcohol service. The following conditions must be met:
(1) The area must be enclosed with a permanent or movable barrier a minimum of forty-two inches in height.
(2) There must be an interior access to the licensed premises. If the interior access is from a minor restricted area of the premises, minors are prohibited in the outside or extended alcohol service area.
(3) There must be an attendant, wait staff, or server dedicated to the outside service area when patrons are present.
(4) Must have leasehold rights to the area and have and be connected to the licensed premises.
(5) Openings into and out of the outside area cannot exceed ten feet. If there is more than one opening along one side, the total combined opening may not exceed ten feet.
(6) Exception. For sidewalk cafe outside service, the board allows local regulations that, in conjunction with a local sidewalk cafe permit, requires a forty-two inch barrier or permanent demarcation of the designated alcohol service areas for continued enforcement of the boundaries.
(a) The permanent demarcation must be at all boundaries of the outside service area;
(b) The permanent demarcation must be at least six inches in diameter;
(c) The permanent demarcation must be placed no more than ten feet apart;
(d) There must be an attendant, wait staff, or server dedicated to the outside service area when patrons are present;
(e) This exception only applies to restaurant liquor licenses with sidewalk cafe service areas contiguous to the liquor licensed premises. "Contiguous" means touching along a boundary or at a point;
(f) This exception does not apply to beer gardens, standing room only venues, and permitted special events. Board approval is still required with respect to sidewalk cafe barrier requirements.
(7) Limited exception. The board may grant limited exceptions to the required forty-two inch high barrier for outside alcohol service areas.
(a) The licensee must have exclusive leasehold rights to the outside service area.
(b) There must be permanent demarcations at all boundaries of the outside service area for continued enforcement of the boundaries.
[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.]



PDF314-03-300

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.
(c) The licensee must contact their local liquor enforcement officer when the alteration is completed.
(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.
[Statutory Authority: RCW 66.08.030. WSR 17-12-030, § 314-03-300, filed 5/31/17, effective 7/1/17.]



PDF314-03-400

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.
[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.]