Current through Register Vol. 24-18, September 15, 2024
(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 web site 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.
