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Chapter 314-20 WAC

Last Update: 7/31/24

BEER—BREWERS, HOLDERS, IMPORTERS, ETC.

WAC Sections

HTMLPDF314-20-001Definitions.
HTMLPDF314-20-005Application procedure—Beer distributor's or importer's license.
HTMLPDF314-20-015Licensed brewers—Retail sales of beer on brewery premises—Beer served without charge on premises—Spirit, beer and wine restaurant operation.
HTMLPDF314-20-017Brewery and microbrewery retail liquor licenses—Selling kegs and containers.
HTMLPDF314-20-018Farmer's market beer and wine sampling.
HTMLPDF314-20-019Domestic brewery or microbrewery endorsement for on-premises consumption of wine.
HTMLPDF314-20-020Beer labels—Certificate of label approval required—Labels to be submitted.
HTMLPDF314-20-022Alcohol energy drinks.
HTMLPDF314-20-030Packages—Classification.
HTMLPDF314-20-050Beer distributors—Importers—Brewers—Records—Preservation.
HTMLPDF314-20-055Microbrewery warehouse license.
HTMLPDF314-20-070Claims for defective keg beer—Replacement of overaged packaged beer—Procedures.
HTMLPDF314-20-080Sales to vessels.
HTMLPDF314-20-090Cash sales.
HTMLPDF314-20-095What are the requirements for contract production between microbreweries?
HTMLPDF314-20-100Beer suppliers and distributors.
HTMLPDF314-20-110Beer importers—Principal office.
HTMLPDF314-20-130Imported beer—List filed—Labels.
HTMLPDF314-20-140Beer importers—Certain duties.
HTMLPDF314-20-145Beer certificate of approval fee.
HTMLPDF314-20-160Importation of foreign beer—Reports—Payment of tax.
HTMLPDF314-20-260Consumer orders, internet sales, and delivery for domestic brewery and microbrewery licensees.
HTMLPDF314-20-350Contract packaging services endorsement for domestic breweries and microbreweries.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
314-20-010Brewers—Importers—Distributors—Monthly reports—Tax refund procedures. [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, § 314-20-010, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 84-09-023 (Order 138, Resolution No. 147), § 314-20-010, filed 4/11/84. Statutory Authority: RCW 66.08.030 and 66.98.070. WSR 81-22-026 (Order 85, Resolution No. 94), § 314-20-010, filed 10/28/81; Order 40, § 314-20-010, filed 8/21/75; Order 8, § 314-20-010, filed 11/24/69, effective 12/26/69; Rule 37, filed 6/13/63.] Repealed by WSR 00-17-065, filed 8/9/00, effective 9/9/00. 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.
314-20-040Beer in transit stamps—General. [Order 42, § 314-20-040, filed 11/6/75; Rule 40, filed 6/13/63.] Repealed by WSR 00-17-065, filed 8/9/00, effective 9/9/00. 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.
314-20-060Beer distributors and importers—Reports—Stamps. [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, § 314-20-060, filed 9/2/98, effective 10/3/98; Rule 45, filed 6/13/63.] Repealed by WSR 00-17-065, filed 8/9/00, effective 9/9/00. 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.
314-20-105Beer suppliers' price filings, contracts and memoranda. [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, § 314-20-105, filed 9/2/98, effective 10/3/98. Statutory Authority: RCW 66.08.030. WSR 87-01-014 (Order 207, Resolution No. 216), § 314-20-105, filed 12/9/86. Statutory Authority: RCW 66.08.030, 66.98.070 and 66.08.060. WSR 86-16-060 (Order 173, Resolution No. 182), § 314-20-105, filed 8/5/86. Statutory Authority: RCW 66.08.030. WSR 85-21-020 (Order 166, Resolution No. 175), § 314-20-105, filed 10/9/85, effective 11/25/85; WSR 82-16-069 (Order 91, Resolution No. 100), § 314-20-105, filed 8/2/82; Order 54, § 314-20-105, Rule 49.5, filed 5/24/77, effective 7/1/77; Order 51, § 314-20-105, filed 12/15/76; Order 15, § 314-20-105, filed 5/13/71, effective 7/1/71.] Repealed by WSR 04-19-155, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 66.08.030, 66.28.180, and 2004 c 160.
314-20-120Beer importers—Warehouses. [Rule 51, filed 6/13/63.] Repealed by WSR 18-02-006, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030.
314-20-150Beer importers—Responsibility—Taxes—Stamps. [Rule 54, filed 6/13/63.] Repealed by WSR 00-17-065, filed 8/9/00, effective 9/9/00. 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.
314-20-170Holders of certificates of approval. [Statutory Authority: RCW 66.08.030, 2004 c 160. WSR 04-24-097, § 314-20-170, filed 12/1/04, effective 1/1/05. 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, § 314-20-170, filed 8/9/00, effective 9/9/00; Rule 56, filed 6/13/63.] Repealed by WSR 18-02-006, filed 12/20/17, effective 1/20/18. Statutory Authority: RCW 66.24.170, 66.24.640, 66.24.695, and 66.08.030.
314-20-180Partial beer tax exemption. [Statutory Authority: RCW 66.08.030. WSR 93-15-023, § 314-20-180, filed 7/12/93, effective 8/12/93.] Repealed by WSR 00-17-065, filed 8/9/00, effective 9/9/00. 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.

PDF314-20-001

Definitions.

(1) The following terms are defined in RCW 66.04.010:
(a) Authorized representative;
(b) Beer;
(c) Beer distributor;
(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.
[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.]


PDF314-20-005

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.


PDF314-20-015

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 twenty-five 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
(c) Cider produced by a domestic winery. Cider must be purchased through normal distribution channels.
(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) 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.
(7) 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.
(8) 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.
[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.]


PDF314-20-017

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.
(c) A retail location may be located on or off the brewery or microbrewery 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
(c) Supplies the kegs.
(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.
[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.]


PDF314-20-018

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.
[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.]


PDF314-20-019

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
(c) The number of wine offerings for sale at any one time is limited to three.
(3) The annual fee for the on-premises consumption endorsement is two hundred dollars.
[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.]


PDF314-20-020

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.
[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.]


PDF314-20-022

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.
[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.]


PDF314-20-030

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.
[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.]


PDF314-20-050

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.
(c) Manner of preserving the reproduction.
(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.
[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.]


PDF314-20-055

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.
[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.]


PDF314-20-070

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.
[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.]


PDF314-20-080

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.


PDF314-20-090

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.
[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.]


PDF314-20-095

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.
(c) When the contractee uses a distributor to distribute the product, then the distributor is responsible for the taxes.
(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.
[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.]


PDF314-20-100

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 he/she wishes to change his/her 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.
[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.]


PDF314-20-110

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.
[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.]


PDF314-20-130

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.
[Rule 52, filed 6/13/63.]


PDF314-20-140

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).
[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.]


PDF314-20-145

Beer certificate of approval fee.

(1) The fee for a beer certificate of approval license is $200 per year. The certificate of approval holder must pay the $200 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 $100 and is in addition to the fee required for a certificate of approval license.
[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.]


PDF314-20-160

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.
[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.]


PDF314-20-260

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.
(c) Beer may be ordered in person at a licensed location, by mail, telephone, or internet, or by other similar methods.
(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
(c) Delivery to intoxicated persons is prohibited.
(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;
(c) Street addresses of the purchaser and the delivery location; and
(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.
[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.]


PDF314-20-350

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;
(c) Repacking of finished products into mixed consumer packs or multipacks; and
(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 $100.
[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.]