Current through Register Vol. 24-06, March 15, 2024
(1) An
endorsement for the sale of manufacturer sealed alcohol products is available
through takeout and delivery service 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 or delivery service 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 or delivery service.
(b) This endorsement is separate from the
endorsements in WAC 314-03-505 and 314-03-510 that authorize the sale through
takeout or delivery service 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 or delivery service, 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) If the alcohol products
authorized for sale under this endorsement are sold through delivery service:
(i) Licensees must comply with the
requirements in the consumer orders, internet sales, and delivery rules in this
title. For these requirements, see WAC 314-03-020 through 314-03-040.
(ii)
(A) At
the time of delivery, the employee making the delivery must verify that the
person receiving the delivery is at least 21 years of age using an acceptable
form of identification in WAC 314-11-025. See RCW 66.44.270.
(B) Delivery of an alcohol product must be
performed by an employee of an alcohol delivery endorsement holder who is 21
years of age or older and possesses a class 12 permit, in accordance with RCW
66.20.310.
(iii) As set
forth in RCW 66.24.710, upon delivery of the alcohol product, the signature of
the person who is 21 years of age or older receiving the delivery must be
obtained. Delivery sales records must meet the requirements in the consumer
orders, internet sales, and delivery rules. For general record retention
requirements, see WAC 314-11-095.
(iv) If no person age 21 or over is present
to accept the alcohol product at the time of delivery, the alcohol product must
be returned to the licensee. An alcohol product may not be left unattended at a
delivery location.
(v) Delivery of
an alcohol product may not be made to any person who shows signs of
intoxication. See RCW 66.44.200.
(vi) Alcohol delivery under this section
shall be performed by direct employees of the licensee.
(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 or delivery service 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 or delivery service.
(ii) The signs will be designed to remind
customers purchasing alcohol products through takeout or delivery service 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.
(e) Delivery services
conducted and 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.
(6) The delivery service endorsement
described in this section expires July 1, 2025, as set forth in RCW
66.24.710.