Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-28 - Distillers
Section 314-28-065 - Sampling, service, and sales requirements for distillery and craft distillery licensees-Annual report on revenue from tasting room sales of adulterated spirits for on-premises consumption
Universal Citation: WA Admin Code 314-28-065
Current through Register Vol. 24-24, December 15, 2024
Consistent with RCW 66.24.140 and 66.24.145:
(1) Distillery and craft distillery licensees may engage in the following sampling, service, and sales activities:
(a) Sell, for off-premises consumption:
(i) Spirits of their own
production;
(ii) Spirits produced
by another distillery or craft distillery licensed in Washington, subject to
the alcohol stockkeeping unit requirements in subsection (2) of this section;
and
(iii) Vermouth and sparkling
wine produced by a licensee in Washington, subject to the alcohol stock-keeping
unit requirements in subsection (2) of this section.
(b) Serve or sell, for on-premises
consumption, samples of spirits of their own production or samples of spirits
produced by another distillery or craft distillery licensed in Washington,
subject to the alcohol stock-keeping unit requirements in subsection (2) of
this section and the following requirements:
(i) Samples may be free or for a
charge;
(ii) Each sample must be
one-half ounce or less of spirits;
(iii) Spirits samples may be adulterated with
water, ice, other alcohol allowed to be sold on-site, or nonalcoholic mixers;
and
(iv) A licensee may not allow
an individual person to receive more than a cumulative total of two ounces of
unadulterated spirits for on-premises consumption. Additional spirits purchased
for on-premises consumption must be adulterated.
(c) Sell, for on-premises consumption,
servings of spirits of their own production or servings of spirits produced by
another distillery or craft distillery licensed in Washington, subject to the
alcohol stock-keeping unit requirements in subsection (2) of this section and
the following requirements:
(i) Servings must
be adulterated with water, ice, other alcohol permitted to be sold at the
location, or nonalcoholic mixers; and
(ii)
(A)
The revenue derived from the sale of adulterated spirits for on-premises
consumption under (c) of this subsection must not comprise more than thirty
percent of the overall gross revenue earned in the tasting room during the
calendar year.
(B) The thirty
percent limit described in this subsection is an annual limit. As long as the
thirty percent limit is not exceeded on an annual basis, revenue that exceeds
the thirty percent limit in any one month does not violate the limit.
(C) Consistent with
RCW
66.24.140(2)(c)(ii) and
66.24.145(3)(b),
distilleries and craft distilleries that sell adulterated spirits for
on-premises consumption under (c) of this subsection must file an annual report
summarizing their revenue sources. The annual report on revenue from tasting
room sales of adulterated spirits for on-premises consumption must be filed on
a form furnished by the board or in a format approved by the board. The annual
report must be submitted to the board by January 25th following the end of the
calendar year for the reporting period. (For example, an annual report listing
revenue sources for 2021 is due by January 25, 2022.)
(d) Sell, for on-premises
consumption, servings of vermouth or sparkling wine produced by a licensee in
this state, subject to the alcohol stock-keeping unit requirements in
subsection (2) of this section.
(e)
Sell nonalcoholic products at retail.
(2) A distillery or craft distillery licensee that provides or sells, for on-premises or off-premises consumption, spirits, sparkling wine, or vermouth produced by another licensee in this state, must meet the following alcohol stock-keeping unit requirements:
(a) Except as provided in (b) of this
subsection, at any one time no more than twenty-five percent of a distillery or
craft distillery licensee's total alcohol stock-keeping units, offered or sold
at the distillery or craft distillery premises and at any off-site tasting
rooms, may be vermouth, sparkling wine, or spirits produced by another licensee
in this state.
(b) If a distillery
or craft distillery licensee sells fewer than twenty different alcohol
stock-keeping units of its own production at any one time, it may sell up to
five alcohol stock-keeping units of vermouth, sparkling wine, or spirits that
are produced by another licensee in this state.
(3) Any person serving or selling spirits or other alcohol authorized to be served or sold by a distillery or craft distillery licensee must obtain a class 12 alcohol server permit.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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