BILL REQ. #: H-2812.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/15/14. Referred to Committee on Government Accountability & Oversight.
AN ACT Relating to sales of growlers of wine or beer; amending RCW 66.24.170, 66.24.244, 66.24.354, 66.24.400, and 66.24.590; and reenacting and amending RCW 66.24.240 and 66.24.371.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 66.24.170 and 2013 c 238 s 2 are each amended to read
as follows:
(1) There shall be a license for domestic wineries; fee to be
computed only on the liters manufactured: Less than two hundred fifty
thousand liters per year, one hundred dollars per year; and two hundred
fifty thousand liters or more per year, four hundred dollars per year.
(2) The license allows for the manufacture of wine in Washington
state from grapes or other agricultural products.
(3) Any domestic winery licensed under this section may also act as
a retailer of wine of its own production. Any domestic winery licensed
under this section may act as a distributor of its own production.
Notwithstanding any language in this title to the contrary, a domestic
winery may use a common carrier to deliver up to one hundred cases of
its own production, in the aggregate, per month to licensed Washington
retailers. A domestic winery may not arrange for any such common
carrier shipments to licensed retailers of wine not of its own
production. Except as provided in this section, any winery operating
as a distributor and/or retailer under this subsection shall comply
with the applicable laws and rules relating to distributors and/or
retailers, except that a winery operating as a distributor may maintain
a warehouse off the premises of the winery for the distribution of wine
of its own production provided that: (a) The warehouse has been
approved by the board under RCW 66.24.010; and (b) the number of
warehouses off the premises of the winery does not exceed one.
(4) A domestic winery licensed under this section, at locations
separate from any of its production or manufacturing sites, may serve
samples of its own products, with or without charge, ((and)) may sell
wine of its own production or beer at retail, and may sell for
consumption on or off the premises wines of its own production and
beers in kegs or sanitary containers meeting the applicable
requirements of federal law brought to the premises by the purchaser or
furnished by the licensee and filled at the tap at the time of sale,
provided that: (a) Each additional location has been approved by the
board under RCW 66.24.010; (b) the total number of additional locations
does not exceed two; (c) a winery may not act as a distributor at any
such additional location; and (d) any person selling or serving wine or
beer at an additional location for on-premise consumption must obtain
a class 12 or class 13 alcohol server permit. Each additional location
is deemed to be part of the winery license for the purpose of this
title. At additional locations operated by multiple wineries under
this section, if the board cannot connect a violation of RCW 66.44.200
or 66.44.270 to a single licensee, the board may hold all licensees
operating the additional location jointly liable. Nothing in this
subsection shall be construed to prevent a domestic winery from holding
multiple domestic winery licenses.
(5)(a) A domestic winery licensed under this section may apply to
the board for an endorsement to sell wine of its own production at
retail for off-premises consumption at a qualifying farmers market.
The annual fee for this endorsement is seventy-five dollars. An
endorsement issued pursuant to this subsection does not count toward
the two additional retail locations limit specified in this section.
(b) For each month during which a domestic winery will sell wine at
a qualifying farmers market, the winery must provide the board or its
designee a list of the dates, times, and locations at which bottled
wine may be offered for sale. This list must be received by the board
before the winery may offer wine for sale at a qualifying farmers
market.
(c) The wine sold at qualifying farmers markets must be made
entirely from grapes grown in a recognized Washington appellation or
from other agricultural products grown in this state.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the winery license for the purpose of this title. The
approved locations under an endorsement granted under this subsection
include tasting or sampling privileges subject to the conditions
pursuant to RCW 66.24.175. The winery may not store wine at a farmers
market beyond the hours that the winery offers bottled wine for sale.
The winery may not act as a distributor from a farmers market location.
(e) Before a winery may sell bottled wine at a qualifying farmers
market, the farmers market must apply to the board for authorization
for any winery with an endorsement approved under this subsection to
sell bottled wine at retail at the farmers market. This application
shall include, at a minimum: (i) A map of the farmers market showing
all booths, stalls, or other designated locations at which an approved
winery may sell bottled wine; and (ii) the name and contact information
for the on-site market managers who may be contacted by the board or
its designee to verify the locations at which bottled wine may be sold.
Before authorizing a qualifying farmers market to allow an approved
winery to sell bottled wine at retail at its farmers market location,
the board shall notify the persons or entities of such application for
authorization pursuant to RCW 66.24.010 (8) and (9). An authorization
granted under this subsection (5)(e) may be withdrawn by the board for
any violation of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and such additional rules as may be
necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
(6) Wine produced in Washington state by a domestic winery licensee
may be shipped out-of-state for the purpose of making it into sparkling
wine and then returned to such licensee for resale. Such wine shall be
deemed wine manufactured in the state of Washington for the purposes of
RCW 66.24.206, and shall not require a special license.
Sec. 2 RCW 66.24.240 and 2011 c 195 s 6 and 2011 c 119 s 212 are
each reenacted and amended to read as follows:
(1) There shall be a license for domestic breweries; fee to be two
thousand dollars for production of sixty thousand barrels or more of
malt liquor per year.
(2) Any domestic brewery, except for a brand owner of malt
beverages under RCW 66.04.010(7), licensed under this section may also
act as a distributor and/or retailer for beer of its own production.
Any domestic brewery operating as a distributor and/or retailer under
this subsection shall comply with the applicable laws and rules
relating to distributors and/or retailers. A domestic brewery holding
a spirits, beer, and wine restaurant license may sell beer of its own
production or wine for consumption on or off((-)) the premises
((consumption)) from its restaurant premises in kegs or in ((a))
sanitary containers meeting the applicable requirements of federal law
brought to the premises by the purchaser or furnished by the licensee
or manufacturer and filled at the tap by the licensee at the time of
sale.
(3) Any domestic brewery licensed under this section may also sell
beer produced by another domestic brewery or a microbrewery for on and
off-premises consumption from its premises as long as the other
breweries' brands do not exceed twenty-five percent of the domestic
brewery's on-tap offering of its own brands.
(4) A domestic brewery may hold up to two retail licenses to
operate an on or off-premise tavern, beer and/or wine restaurant, or
spirits, beer, and wine restaurant. This retail license is separate
from the brewery license. A brewery that holds a tavern license, a
spirits, beer, and wine restaurant license, or a beer and/or wine
restaurant license shall hold the same privileges and endorsements as
permitted under RCW 66.24.320, 66.24.330, and 66.24.420.
(5) Any domestic brewery licensed under this section may contract-produce beer for a brand owner of malt beverages defined under RCW
66.04.010(7), and this contract-production is not a sale for the
purposes of RCW 66.28.170 and 66.28.180.
(6)(a) A domestic brewery licensed under this section and qualified
for a reduced rate of taxation pursuant to RCW 66.24.290(3)(b) may
apply to the board for an endorsement to sell bottled beer of its own
production at retail for off-premises consumption at a qualifying
farmers market. The annual fee for this endorsement is seventy-five
dollars.
(b) For each month during which a domestic brewery will sell beer
at a qualifying farmers market, the domestic brewery must provide the
board or its designee a list of the dates, times, and locations at
which bottled beer may be offered for sale. This list must be received
by the board before the domestic brewery may offer beer for sale at a
qualifying farmers market.
(c) The beer sold at qualifying farmers markets must be produced in
Washington.
(d) Each approved location in a qualifying farmers market is deemed
to be part of the domestic brewery license for the purpose of this
title. The approved locations under an endorsement granted under this
subsection do not include the tasting or sampling privilege of a
domestic brewery. The domestic brewery may not store beer at a farmers
market beyond the hours that the domestic brewery offers bottled beer
for sale. The domestic brewery may not act as a distributor from a
farmers market location.
(e) Before a domestic brewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any domestic brewery with an endorsement approved
under this subsection to sell bottled beer at retail at the farmers
market. This application shall include, at a minimum: (i) A map of
the farmers market showing all booths, stalls, or other designated
locations at which an approved domestic brewery may sell bottled beer;
and (ii) the name and contact information for the on-site market
managers who may be contacted by the board or its designee to verify
the locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved domestic brewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of such application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (6)(e) may be withdrawn by the board for any violation
of this title or any rules adopted under this title.
(f) The board may adopt rules establishing the application and
approval process under this section and such additional rules as may be
necessary to implement this section.
(g) For the purposes of this subsection:
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
Sec. 3 RCW 66.24.244 and 2013 c 238 s 3 are each amended to read
as follows:
(1) There shall be a license for microbreweries; fee to be one
hundred dollars for production of less than sixty thousand barrels of
malt liquor, including strong beer, per year.
(2) Any microbrewery licensed under this section may also act as a
distributor and/or retailer for beer and strong beer of its own
production. Strong beer may not be sold at a farmers market or under
any endorsement which may authorize microbreweries to sell beer at
farmers markets. Any microbrewery operating as a distributor and/or
retailer under this subsection shall comply with the applicable laws
and rules relating to distributors and/or retailers, except that a
microbrewery operating as a distributor may maintain a warehouse off
the premises of the microbrewery for the distribution of beer provided
that (a) the warehouse has been approved by the board under RCW
66.24.010 and (b) the number of warehouses off the premises of the
microbrewery does not exceed one. A microbrewery holding a spirits,
beer, and wine restaurant license may sell beer of its own production
or wine for ((off-premises)) consumption on or off the premises from
its restaurant premises in kegs or in ((a)) sanitary containers meeting
the applicable requirements of federal law brought to the premises by
the purchaser or furnished by the licensee or manufacturer and filled
at the tap by the licensee at the time of sale.
(3) Any microbrewery licensed under this section may also sell beer
produced by another microbrewery or a domestic brewery for on and off-premises consumption from its premises as long as the other breweries'
brands do not exceed twenty-five percent of the microbrewery's on-tap
offering of its own brands.
(4) The board may issue up to two retail licenses allowing a
microbrewery to operate an on or off-premise tavern, beer and/or wine
restaurant, or spirits, beer, and wine restaurant.
(5) A microbrewery that holds a tavern license, spirits, beer, and
wine restaurant license, or a beer and/or wine restaurant license shall
hold the same privileges and endorsements as permitted under RCW
66.24.320, 66.24.330, and 66.24.420.
(6)(a) A microbrewery licensed under this section may apply to the
board for an endorsement to sell bottled beer of its own production at
retail for off-premises consumption at a qualifying farmers market.
The annual fee for this endorsement is seventy-five dollars.
(b) For each month during which a microbrewery will sell beer at a
qualifying farmers market, the microbrewery must provide the board or
its designee a list of the dates, times, and locations at which bottled
beer may be offered for sale. This list must be received by the board
before the microbrewery may offer beer for sale at a qualifying farmers
market.
(c) Any person selling or serving beer must obtain a class 12 or
class 13 alcohol server permit.
(d) The beer sold at qualifying farmers markets must be produced in
Washington.
(e) Each approved location in a qualifying farmers market is deemed
to be part of the microbrewery license for the purpose of this title.
The approved locations under an endorsement granted under this
subsection (6) include tasting or sampling privileges subject to the
conditions pursuant to RCW 66.24.175. The microbrewery may not store
beer at a farmers market beyond the hours that the microbrewery offers
bottled beer for sale. The microbrewery may not act as a distributor
from a farmers market location.
(f) Before a microbrewery may sell bottled beer at a qualifying
farmers market, the farmers market must apply to the board for
authorization for any microbrewery with an endorsement approved under
this subsection (6) to sell bottled beer at retail at the farmers
market. This application shall include, at a minimum: (i) A map of
the farmers market showing all booths, stalls, or other designated
locations at which an approved microbrewery may sell bottled beer; and
(ii) the name and contact information for the on-site market managers
who may be contacted by the board or its designee to verify the
locations at which bottled beer may be sold. Before authorizing a
qualifying farmers market to allow an approved microbrewery to sell
bottled beer at retail at its farmers market location, the board shall
notify the persons or entities of the application for authorization
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under
this subsection (6)(f) may be withdrawn by the board for any violation
of this title or any rules adopted under this title.
(g) The board may adopt rules establishing the application and
approval process under this section and any additional rules necessary
to implement this section.
(h) For the purposes of this subsection (6):
(i) "Qualifying farmers market" means an entity that sponsors a
regular assembly of vendors at a defined location for the purpose of
promoting the sale of agricultural products grown or produced in this
state directly to the consumer under conditions that meet the following
minimum requirements:
(A) There are at least five participating vendors who are farmers
selling their own agricultural products;
(B) The total combined gross annual sales of vendors who are
farmers exceeds the total combined gross annual sales of vendors who
are processors or resellers;
(C) The total combined gross annual sales of vendors who are
farmers, processors, or resellers exceeds the total combined gross
annual sales of vendors who are not farmers, processors, or resellers;
(D) The sale of imported items and secondhand items by any vendor
is prohibited; and
(E) No vendor is a franchisee.
(ii) "Farmer" means a natural person who sells, with or without
processing, agricultural products that he or she raises on land he or
she owns or leases in this state or in another state's county that
borders this state.
(iii) "Processor" means a natural person who sells processed food
that he or she has personally prepared on land he or she owns or leases
in this state or in another state's county that borders this state.
(iv) "Reseller" means a natural person who buys agricultural
products from a farmer and resells the products directly to the
consumer.
(7) Any microbrewery licensed under this section may
contract-produce beer for another microbrewer. This contract-production is not a sale for the purposes of RCW 66.28.170 and
66.28.180.
Sec. 4 RCW 66.24.354 and 1997 c 321 s 21 are each amended to read
as follows:
There shall be a beer and wine retailer's license that may be
combined only with the on-premises licenses described in either RCW
66.24.320 or 66.24.330. The combined license permits the sale of beer
and wine for consumption off the premises.
(1) Beer and wine sold for consumption off the premises must be in
original sealed packages of the manufacturer or bottler.
(2) Beer and wine may be sold to a purchaser for consumption on or
off the premises from the combined premise in kegs or in ((a)) sanitary
containers meeting the applicable requirements of federal law brought
to the premises by the purchaser or furnished by the licensee or
manufacturer and filled at the tap by the retailer at the time of sale.
(3) Licensees holding this type of license also may sell malt
liquor in kegs or other containers that are capable of holding four
gallons or more of liquid and are registered in accordance with RCW
66.28.200.
(4) The board may impose conditions upon the issuance of this
license to best protect and preserve the health, safety, and welfare of
the public.
(5) The annual fee for this license shall be one hundred twenty
dollars.
Sec. 5 RCW 66.24.371 and 2011 c 195 s 4 and 2011 c 19 s 204 are
each reenacted and amended to read as follows:
(1) There shall be a beer and/or wine retailer's license to be
designated as a beer and/or wine specialty shop license to sell beer,
strong beer, and/or wine at retail in bottles, cans, and original
containers, not to be consumed upon the premises where sold, at any
store other than the state liquor stores. Licensees obtaining a
written endorsement from the board may also sell malt liquor in kegs or
other containers capable of holding four gallons or more of liquid.
The annual fee for the beer and/or wine specialty shop license is one
hundred dollars for each store. The sale of any container holding four
gallons or more must comply with RCW 66.28.200 and 66.28.220.
(2) Licensees under this section may provide, free or for a charge,
single-serving samples of two ounces or less to customers for the
purpose of sales promotion. Sampling activities of licensees under
this section are subject to RCW 66.28.305 and 66.28.040 and the cost of
sampling under this section may not be borne, directly or indirectly,
by any manufacturer, importer, or distributor of liquor.
(3) Upon approval by the board, the beer and/or wine specialty shop
licensee that exceeds fifty percent beer and/or wine sales may also
receive an endorsement to permit the sale of beer or wine to a
purchaser in ((a)) sanitary containers meeting the applicable
requirements of federal law brought to the premises by the
purchaser((,)) or ((provided)) furnished by the licensee or
manufacturer((,)) and ((fill)) filled at the tap by the licensee at the
time of sale. If the beer and/or wine specialty shop licensee does not
exceed fifty percent beer and/or wine sales, the board may waive the
fifty percent beer and/or wine sale criteria if the beer and/or wine
specialty shop maintains alcohol inventory that exceeds fifteen
thousand dollars.
(4) The board shall issue a restricted beer and/or wine specialty
shop license, authorizing the licensee to sell beer and only table
wine, if the board finds upon issuance or renewal of the license that
the sale of strong beer or fortified wine would be against the public
interest. In determining the public interest, the board shall consider
at least the following factors:
(a) The likelihood that the applicant will sell strong beer or
fortified wine to persons who are intoxicated;
(b) Law enforcement problems in the vicinity of the applicant's
establishment that may arise from persons purchasing strong beer or
fortified wine at the establishment; and
(c) Whether the sale of strong beer or fortified wine would be
detrimental to or inconsistent with a government-operated or funded
alcohol treatment or detoxification program in the area.
If the board receives no evidence or objection that the sale of
strong beer or fortified wine would be against the public interest, it
shall issue or renew the license without restriction, as applicable.
The burden of establishing that the sale of strong beer or fortified
wine by the licensee would be against the public interest is on those
persons objecting.
(5) Licensees holding a beer and/or wine specialty shop license
must maintain a minimum three thousand dollar wholesale inventory of
beer, strong beer, and/or wine.
(6) The board may adopt rules to implement this section.
Sec. 6 RCW 66.24.400 and 2011 c 119 s 401 are each amended to
read as follows:
(1) There shall be a retailer's license, to be known and designated
as a spirits, beer, and wine restaurant license, to sell spirituous
liquor by the individual glass, beer, and wine, at retail, for
consumption on the premises, including mixed drinks and cocktails
compounded or mixed on the premises only. A club licensed under
chapter 70.62 RCW with overnight sleeping accommodations, that is
licensed under this section may sell liquor by the bottle to registered
guests of the club for consumption in guest rooms, hospitality rooms,
or at banquets in the club. A patron of a bona fide restaurant or club
licensed under this section may remove from the premises recorked or
recapped in its original container any portion of wine which was
purchased for consumption with a meal, and registered guests who have
purchased liquor from the club by the bottle may remove from the
premises any unused portion of such liquor in its original container.
Such license may be issued only to bona fide restaurants and clubs, and
to dining, club and buffet cars on passenger trains, and to dining
places on passenger boats and airplanes, and to dining places at civic
centers with facilities for sports, entertainment, and conventions, and
to such other establishments operated and maintained primarily for the
benefit of tourists, vacationers and travelers as the board shall
determine are qualified to have, and in the discretion of the board
should have, a spirits, beer, and wine restaurant license under the
provisions and limitations of this title.
(2) The board may issue an endorsement to the spirits, beer, and
wine restaurant license that allows the holder of a spirits, beer, and
wine restaurant license to sell bottled wine for off-premises
consumption. Spirits and beer may not be sold for off-premises
consumption under this section except as provided in subsection (4) of
this section. The annual fee for the endorsement under this subsection
is one hundred twenty dollars.
(3) The holder of a spirits, beer, and wine license or its manager
may furnish beer, wine, or spirituous liquor to the licensee's
employees free of charge as may be required for use in connection with
instruction on beer, wine, or spirituous liquor. The instruction may
include the history, nature, values, and characteristics of beer, wine,
or spirituous liquor, the use of wine lists, and the methods of
presenting, serving, storing, and handling beer, wine, and spirituous
liquor. The spirits, beer, and wine restaurant licensee must use the
beer, wine, or spirituous liquor it obtains under its license for the
sampling as part of the instruction. The instruction must be given on
the premises of the spirits, beer, and wine restaurant licensee.
(4) The board may issue an endorsement to the spirits, beer, and
wine restaurant license that allows the holder of a spirits, beer, and
wine restaurant license to sell for off-premises consumption malt
liquor in kegs or other containers that are capable of holding four
gallons or more of liquid and are registered in accordance with RCW
66.28.200. Beer and wine may also be sold under the endorsement to a
purchaser in ((a)) sanitary containers meeting the applicable
requirements of federal law brought to the premises by the purchaser or
furnished by the licensee or manufacturer and filled at the tap by the
retailer at the time of sale. The annual fee for the endorsement under
this subsection is one hundred twenty dollars.
Sec. 7 RCW 66.24.590 and 2012 c 2 s 115 are each amended to read
as follows:
(1) There is a retailer's license to be designated as a hotel
license. No license may be issued to a hotel offering rooms to its
guests on an hourly basis. Food service provided for room service,
banquets or conferences, or restaurant operation under this license
must meet the requirements of rules adopted by the board.
(2) The hotel license authorizes the licensee to:
(a) Sell spirituous liquor, beer, and wine, by the individual
glass, at retail, for consumption on the premises, including mixed
drinks and cocktails compounded and mixed on the premises;
(b) Sell, at retail, from locked honor bars, in individual units,
spirits not to exceed fifty milliliters, beer in individual units not
to exceed twelve ounces, and wine in individual bottles not to exceed
three hundred eighty-five milliliters, to registered guests of the
hotel for consumption in guest rooms. The licensee must require proof
of age from the guest renting a guest room and requesting the use of an
honor bar. The guest must also execute an affidavit verifying that no
one under twenty-one years of age will have access to the spirits,
beer, and wine in the honor bar;
(c) Provide without additional charge, to overnight guests,
spirits, beer, and wine by the individual serving for on-premises
consumption at a specified regular date, time, and place as may be
fixed by the board. Self-service by attendees is prohibited;
(d) Sell beer, including strong beer, wine, or spirits, in the
manufacturer's sealed container or by the individual drink to guests
through room service, or through service to occupants of private
residential units which are part of the buildings or complex of
buildings that include the hotel;
(e) Sell beer, including strong beer, spirits, or wine, in the
manufacturer's sealed container at retail sales locations within the
hotel premises;
(f) Sell beer or wine to a purchaser in ((a)) sanitary containers
meeting the applicable requirements of federal law brought to the
premises by the purchaser or furnished by the licensee or manufacturer
and filled at the tap in the restaurant area by the licensee at the
time of sale;
(g) Sell for on or off-premises consumption, including through room
service and service to occupants of private residential units managed
by the hotel, wine carrying a label exclusive to the hotel license
holder;
(h) Place in guest rooms at check-in, a complimentary bottle of
liquor in a manufacturer-sealed container, and make a reference to this
service in promotional material.
(3) If all or any facilities for alcoholic beverage service and the
preparation, cooking, and serving of food are operated under contract
or joint venture agreement, the operator may hold a license separate
from the license held by the operator of the hotel. Food and beverage
inventory used in separate licensed operations at the hotel may not be
shared and must be separately owned and stored by the separate
licensees.
(4) All spirits to be sold under this license must be purchased
from a spirits retailer or spirits distributor licensee of the board.
(5) All on-premise alcoholic beverage service must be done by an
alcohol server as defined in RCW 66.20.300 and must comply with RCW
66.20.310.
(6)(a) The hotel license allows the licensee to remove from the
liquor stocks at the licensed premises, liquor for sale and service at
event locations at a specified date and place not currently licensed by
the board. If the event is open to the public, it must be sponsored by
a society or organization as defined by RCW 66.24.375. If attendance
at the event is limited to members or invited guests of the sponsoring
individual, society, or organization, the requirement that the sponsor
must be a society or organization as defined by RCW 66.24.375 is
waived.
(b) The holder of this license must, if requested by the board,
notify the board or its designee of the date, time, place, and location
of any event. Upon request, the licensee must provide to the board all
necessary or requested information concerning the society or
organization that will be holding the function at which the endorsed
license will be utilized.
(c) Licensees may cater events on a domestic winery, brewery, or
distillery premises.
(7) The holder of this license or its manager may furnish spirits,
beer, or wine to the licensee's employees who are twenty-one years of
age or older free of charge as may be required for use in connection
with instruction on spirits, beer, and wine. The instruction may
include the history, nature, values, and characteristics of spirits,
beer, or wine, the use of wine lists, and the methods of presenting,
serving, storing, and handling spirits, beer, or wine. The licensee
must use the liquor it obtains under its license for the sampling as
part of the instruction. The instruction must be given on the premises
of the licensee.
(8) Minors may be allowed in all areas of the hotel where liquor
may be consumed; however, the consumption must be incidental to the
primary use of the area. These areas include, but are not limited to,
tennis courts, hotel lobbies, and swimming pool areas. If an area is
not a mixed use area, and is primarily used for alcohol service, the
area must be designated and restricted to access by persons of lawful
age to purchase liquor.
(9) The annual fee for this license is two thousand dollars.
(10) As used in this section, "hotel," "spirits," "beer," and
"wine" have the meanings defined in RCW 66.24.410 and 66.04.010.