Current through Register Vol. 24-24, December 15, 2024
A distillery or craft distillery 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 distillery or craft
distillery possession.
(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 distillery
or craft distillery 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
distillery or craft distillery 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 internet sale will
be made by the distillery;
(ii) The
payment for the sale will be processed by the distillery; and
(iii) The distillery pays the owner of the
internet or 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 distillery's possession.
(c) All orders and payments shall be fully
processed before spirits transfers ownership or, in the case of delivery,
leaves a licensed distillery's or craft distillery's possession.
(d) 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.
(e) Internet. To sell spirits via the
internet, a new spirits distillery or craft distillery license applicant must
request internet sales privileges in their application. An existing spirits
distillery or craft distillery 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 distillery
or craft distillery 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
21 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 21 years
of age or older is present to accept a liquor order at the time of delivery,
the liquor shall be returned.
(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 100 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 21 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 distillery or
craft distillery licensee's registered trade name.
(12)
Accountability. A spirits
distillery or craft distillery 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.
