Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Commerce & Labor Committee

SSB 5682

Brief Description: Regulating beer and wine sampling.

Sponsors: Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Keiser, Deccio, Rasmussen and Kohl-Welles).

Brief Summary of Substitute Bill
  • Allows grocery stores to provide samples of beer or wine to promote sales.
  • Authorizes the Liquor Control Board to adopt rules relating to sampling activities in grocery stores.

Hearing Date: 3/21/05

Staff: Jill Reinmuth (786-7134).

Background:

A beer and/or wine specialty shop may provide samples of beer or wine to promote sales. A sample must be two ounces or less. A liquor manufacturer, importer, or distributor may not bear the costs of the sampling.

A brewery, distributor, winery, distiller, certificate of approval holder, or importer may furnish samples of beer, wine, or spirits to a licensee to negotiate sales. Except for importers, these licensees are also allowed to provide samples of beer, wine, or spirits to licensees and their employees to instruct them on the history, nature, values, and characteristics of the beer, wine, or spirits. A winery, certificate of approval holder, or distributor may furnish wine to certain not-for-profit and nonprofit groups. Finally, a brewery or winery may serve beer or wine without charge on its premises.

Summary of Bill:

A grocery store licensee (grocery store) may provide samples of beer or wine to promote sales. A sample must be two ounces or less. The total samples per customer must not be more than eight ounces. Sampling is allowed only if the licensee's primary activity is grocery sales and the licensee's retail area is at least 12,000 square feet.

Sampling activities by grocery stores are subject to the following conditions. The service area must be in the grocery store. The size and the design of the service area must permit the grocery store to observe and control persons in the area to ensure that persons under 21 and intoxicated persons cannot possess or consume alcohol. Customers must remain in the service area while sampling. A liquor manufacturer, importer, or distributor may not bear the costs of the sampling.

The Liquor Control Board is authorized to adopt rules related to sampling activities by grocery store licensees. The rules must include a requirement that the employees of grocery stores and beer and/or wine specialty shops who are involved in sampling activities complete a limited alcohol server training program.

Rules Authority: The bill contains a provision authorizing the Liquor Control Board to adopt rules related to sampling activities by grocery store licensees.

Appropriation: None.

Fiscal Note: Available.

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