Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Commerce & Labor Committee

SSB 6485

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying craft distillery provisions.

Sponsors: Senate Committee on Labor, Commerce & Consumer Protection (originally sponsored by Senators Marr, King, Kohl-Welles, Hewitt, Hatfield, Delvin, Hobbs and Rockefeller).

Brief Summary of Substitute Bill

  • Increases the gallon threshold to qualify as a craft distillery from 20,000 to 60,000 gallons.

  • Allows craft distillers to contract distill spirits for specified other licensees, including growers.

  • Allows distillers to provide pouring or dispensing of spirits for a special occasion licensee.

Hearing Date: 2/17/10

Staff: Joan Elgee (786-7106).

Background:

Persons engaged in the distilling of spirits in the state must obtain a license from the Liquor Control Board (Board). A craft distillery is a distillery producing 20,000 gallons or less of spirits with at least half of the raw materials used in the products grown in Washington. The annual fee for a distillery license is $2,000 and for a craft distillery the fee is $100.

Craft distilleries may sell spirits of their own production to customers and the Board. Craft distilleries may not sell spirits directly to in-state retailers, distributors, or manufacturers. Craft distilleries may provide one-half ounce or less samples of spirits, up to two ounces per day to persons on the distillery premises.

A grower's license is a type of manufacturer's license that allows the licensee to sell wine that is made from his or her own grapes or other agricultural products. Under a grower's license, the owner of the agricultural product contracts for the manufacturing of wine from the grower's own product, which the grower may then sell in bulk to licensed wineries or distilleries, or export out-of-state.

The liquor tied house law prohibits a liquor manufacturer or distributor from providing "moneys' worth" to a retailer. A number of exceptions have been granted, including an exception allowing breweries and wineries to pour and dispense beer or wine for special occasion licensees at tasting exhibitions or judging events. Another exception allows wineries to perform pouring, bottle-signing, and other personal services for certain retailers, including special occasion licensees.

Summary of Bill:

The volume of spirits a craft distillery may distill is increased from 20,000 to 60,000 gallons.

Craft distilleries may contract distilled spirits for, and sell contract distilled spirits to, holders of distillery or manufacturer licenses, including grower licenses, or for export.

The holder of a grower's license may contract with a craft distillery for the manufacturing of spirits from the grower's own agricultural products and sell the spirits in bulk to a licensed winery or distillery, or export the spirits out-of-state.

An exception to the "moneys' worth" law is created to allow pouring or dispensing of spirits distilled by a distiller or the accredited representative of a distiller, manufacturer, importer, or distributor of spirits for a special occasion licensee.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.