WSR 14-03-084 PERMANENT RULES LIQUOR CONTROL BOARD [Filed January 16, 2014, 12:39 p.m., effective February 16, 2014] Effective Date of Rule: Thirty-one days after filing.
Purpose: SB 5674 passed in the 2013 legislative session directs the board to adopt rules to implement beer and wine samplings at farmer's markets.
Statutory Authority for Adoption: RCW 66.24.170, 66.24.240, 66.24.244.
Adopted under notice filed as WSR 13-23-104 on November 20, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: January 15, 2014.
Sharon Foster
Chairman
NEW SECTION
WAC 314-20-018 Farmer's market beer and wine sampling.
(1) To conduct beer and wine tasting at a farmer's market, the following criteria must be met:
(a) The farmer's market must be authorized to allow breweries, microbreweries, and wineries to sell bottled wine and/or beer at retail.
(b) The farmer's market must hold an endorsement to allow sampling of beer and wine or both.
(c) A brewery, microbrewery, or winery offering samples at a farmer's market must have an endorsement from the board to sell beer or wine of its own production at a farmer's market (see RCW 66.24.170, 66.24.240, and 66.24.244).
(d) No more than three breweries, microbreweries, or wineries combined may offer samples at a qualifying farmer's market per day.
(e) A brewery, microbrewery, or winery may advertise that it offers samples only at its designated booth, stall, or anywhere within the farmer's market.
(2) Samples of beer or wine may be offered only under the following conditions:
(a) Each sample must be two ounces or less, up to a total of two ounces per customer per day.
(b) Beer and wine samples are to be conducted at the booth or stall of the brewery, microbrewery, or winery with a barrier at least forty-two inches in height, where licensees are able to observe and control customers participating in the samples. The barriers may be moveable (an example would be ropes and stanchions).
(c) A brewery, microbrewery, or winery must have food available for customers to consume while sampling beer or wine, or must be adjacent to a vendor offering prepared food.
(d) Customers must remain in the designated sampling area while sampling beer or wine.
(e) Brewery, microbrewery, or winery employees serving beer or wine during sampling events must hold a valid MAST permit.
(f) The brewery, microbrewery, or winery is required to send a list of scheduled beer and wine samplings to the liquor control board at MIWenforce@liq.wa.gov at the beginning of each month. The date for each beer and wine sampling must be included.
(g) The farmer's market is also required to send a list of scheduled beer and wine samplings to the liquor control board at MIWenforce@liq.wa.gov at the beginning of each month. The date for each beer and wine sampling, and the names of the brewery, microbrewery, and winery providing the samples must be included.
(h) The farmer's market is required to provide a sketch to the licensing division of the area where beer and wine samples will be conducted and to any adjacent food booths.
NEW SECTION
WAC 314-24-175 Farmer's market beer and wine sampling.
(1) To conduct beer and wine tasting at a farmer's market, the following criteria must be met:
(a) The farmer's market must be authorized to allow breweries, microbreweries, and wineries to sell bottled wine and/or beer at retail.
(b) The farmer's market must hold an endorsement to allow sampling of beer and wine or both.
(c) A brewery, microbrewery, or winery offering samples at a farmer's market must have an endorsement from the board to sell beer or wine of its own production at a farmer's market (see RCW 66.24.170, 66.24.240, and 66.24.244).
(d) No more than three breweries, microbreweries, or wineries combined may offer samples at a qualifying farmer's market per day.
(e) A brewery, microbrewery, or winery may advertise that it offers samples only at its designated booth, stall, or anywhere within the farmer's market.
(2) Samples of beer or wine may be offered only under the following conditions:
(a) Each sample must be two ounces or less, up to a total of two ounces per customer per day.
(b) Beer and wine samples are to be conducted at the booth or stall of the brewery, microbrewery, or winery with a barrier at least forty-two inches in height, where licensees are able to observe and control customers participating in the samples. The barriers may be moveable (an example would be ropes and stanchions).
(c) A brewery, microbrewery, or winery must have food available for customers to consume while sampling beer or wine, or must be adjacent to a vendor offering prepared food.
(d) Customers must remain in the designated sampling area while sampling beer or wine.
(e) Brewery, microbrewery, or winery employees serving beer or wine during sampling events must hold a valid MAST permit.
(f) The brewery, microbrewery, or winery is required to send a list of scheduled beer and wine samplings to the liquor control board at MIWenforce@liq.wa.gov at the beginning of each month. The date for each beer and wine sampling must be included.
(g) The farmer's market is also required to send a list of scheduled beer and wine samplings to the liquor control board at MIWenforce@liq.wa.gov at the beginning of each month. The date for each beer and wine sampling, and the names of the brewery, microbrewery, and winery providing the samples must be included.
(h) The farmer's market is required to provide a sketch to the licensing division of the area where beer and wine samples will be conducted and to any adjacent food booths.
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