BILL REQ. #:  H-1562.1 

Read first time 02/10/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to allowing out-of-state online wine retailers to ship to consumers in the state; amending RCW 66.20.375 and 66.20.390; and adding a new section to chapter 66.20 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 66.20 RCW to read as follows:
     (1) Before wine may be shipped by an out-of-state online retailer to a person who is a resident of Washington, the out-of-state online retailer must obtain a retailer wine shipper's permit under procedures prescribed by the board by rule and pay a fee established by the board.
     (2) An applicant for a retailer wine shipper's permit must:
     (a) Certify that it holds all state and federal licenses and permits necessary to operate as a wine retailer including, but not limited to, off-premises sales licenses issued by the board;
     (b) Comply with the requirements of RCW 66.20.375 through 66.20.390; and
     (c) Register with the department of revenue under RCW 82.32.030.
     (3) Holders of a retailer wine shipper's permit under this section must:
     (a) Pay the tax under RCW 66.24.210 for sales of wine to Washington state residents; and
     (b) Collect and remit to the department of revenue all applicable state and local sales and use taxes imposed by or under the authority of chapters 81.104, 82.08, 82.12, and 82.14 RCW on all sales of wine delivered to buyers in this state, regardless of whether the permit holder has a physical presence in this state.

Sec. 2   RCW 66.20.375 and 2006 c 49 s 4 are each amended to read as follows:
     (1) A domestic winery, a retailer wine shipper, or a wine shipper's permit holder must clearly label all wine cases or outside shipping packages of wine sent into or out of this state under chapter 49, Laws of 2006 to indicate that the package cannot be delivered to a person under twenty-one years of age or to an intoxicated person.
     (2) A domestic winery, a retailer wine shipper, or a wine shipper's permit holder must ensure that the private carrier used to deliver wine (a) obtains the signature of the person who receives the wine upon delivery, (b) verifies the age of the recipient, and (c) verifies that the recipient does not appear intoxicated at the time of delivery.
     (3) A retailer wine shipper's permit holder under section 1 of this act must be limited to ship not more than a total of two cases of wine or cider containing not more than nine liters per case per month to a resident of Washington who is at least twenty-one years of age.

Sec. 3   RCW 66.20.390 and 2006 c 49 s 7 are each amended to read as follows:
     (1) Holders of a wine shipper's permit are deemed to have consented to the jurisdiction of Washington concerning enforcement of chapter 49, Laws of 2006 and all laws((,)) and rules((, and regulations)) related to the shipment of wine from wine manufacturers directly to consumers.
     (2)(a) A permit issued under chapter 49, Laws of 2006 to a wine manufacturer located outside this state who fails to comply with the provisions of chapter 49, Laws of 2006 shall be suspended or revoked.
     (b) The privilege to ship wine directly to Washington consumers under a domestic winery license shall be suspended or revoked if the domestic winery fails to comply with the provisions of chapter 49, Laws of 2006.
     (3) Holders of a retailer wine shipper's permit under section 1 of this act are deemed to have consented to the jurisdiction of Washington concerning enforcement of chapter 49, Laws of 2006 and all laws and rules related to the shipment of wine from out-of-state online retailers directly to consumers.