WSR 09-24-115

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed December 2, 2009, 11:34 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-11-051.

Title of Rule and Other Identifying Information: Created new chapter 314-03 WAC, Allowed activities. Rules were created to explain the conditions on internet sales and delivery for grocery stores and beer/wine specialty shops.

Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Lacey, WA 98504, on January 6, 2010, at 10:00 a.m.

Date of Intended Adoption: January 20, 2010.

Submit Written Comments to: Karen McCall, P.O. Box 43098, Olympia, WA 98504-3098, e-mail rules@liq.wagov [rules@liq.wa.gov] fax (360) 664-9689, by January 6, 2010.

Assistance for Persons with Disabilities: Contact Karen McCall by January 6, 2010, (360) 664-1631.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules reflect current agency practices and more clearly provide direction to grocery store and specialty shop liquor licensees who want to offer internet sales and delivery to their customers.

Reasons Supporting Proposal: There was no reference in rule to internet sales and delivery. Clarification of existing practices in rule benefits those liquor licensees involved.

Statutory Authority for Adoption: RCW 66.08.030.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state liquor control board, governmental.

Name of Agency Personnel Responsible for Drafting: Karen Rogers, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1622; Implementation: Alan Rathbun, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Pat Parmer, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1729.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes no monetary impact to liquor licensees.

A cost-benefit analysis is not required under RCW 34.05.328.

December 2, 2009

Sharon Foster

Chairman

OTS-2801.3

Chapter 314-03 WAC

ALLOWED ACTIVITIES


NEW SECTION
WAC 314-03-020   Consumer orders, internet sales, and delivery for grocery stores and beer and wine specialty shops.   A grocery store or beer and wine specialty shop licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.

(1) Resale. Liquor shall not be for resale.

(2) Stock location. Liquor must come directly from a licensed retail location.

(3) How to place an order. Liquor 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 licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a licensee, except for transmittal of payment through a third-party service. A third-party service may not solicit customer business on behalf of a licensee.

(b) All orders and payments shall be fully processed before liquor transfers ownership or, in the case of delivery, leaves a licensed premises.

(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. An existing prepaid account may not have a negative balance.

(d) Internet. To sell liquor via the internet, a new license applicant must request internet-sales privileges in his or her application. An existing 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 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. Liquor may be delivered each day of the week between the hours of six a.m. and two a.m. Delivery must be fully completed by two a.m.

(7) Age requirement.

(a) Per 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.

(8) Intoxication. Delivery of liquor is prohibited to any person who shows signs of intoxication.

(9) Containers and packaging.

(a) Individual units of liquor must be factory sealed in bottles, cans or other like packaging. Delivery of growlers, jugs or other similar, nonfactory-sealed containers is prohibited. Delivery of malt liquor in kegs or other containers capable of holding four gallons or more of liquid is allowed, provided that kegs or containers are factory sealed and that the keg sales requirements (see WAC 314-02-115) are met prior to delivery. For the purposes of this subsection, "factory sealed" means that a unit is in one hundred 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 twenty-one years of age or older; and

(iii) Delivery to intoxicated persons is prohibited.

(10) Required information.

(a) Records and files shall be retained at a 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) Times and dates 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) Web site requirements. When selling over the internet, all web site pages associated with the sale of liquor must display a licensee's registered trade name.

(12) Accountability. A 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.

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Washington State Code Reviser's Office