HOUSE BILL REPORT

HB 1039

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by House Committee On:

Commerce & Gaming

Title: An act relating to allowing sales of growlers of wine.

Brief Description: Allowing sales of growlers of wine.

Sponsors: Representatives Wylie, Condotta, Johnson, Haler and Fey.

Brief History:

Committee Activity:

Commerce & Gaming: 1/12/17, 2/2/17 [DPS], 1/23/18 [DP2S].

Brief Summary of Second Substitute Bill

  • Authorizes a beer and/or wine specialty shop and a spirits, beer, and wine restaurant licensee to sell growlers of wine, provided it has a license endorsement to sell growlers of beer and/or cider.

  • Requires that a growler may only be filled with one variety of wine from a single wine producer and may not be blended with another wine or otherwise adulterated in any way.

  • Requires that the equipment used by the licensee in the filling of growlers be: (a) maintained and sanitized in accordance with state and local health requirements; (b) located behind a counter or otherwise accessible only by the licensee, and/or be fitted with locking mechanisms that prevent use by anyone other than the licensee; and (c) owned and maintained by the licensee and cannot be provided to the licensee by a wine wholesaler and/or supplier.

HOUSE COMMITTEE ON COMMERCE & GAMING

Majority Report: The second substitute bill be substituted therefor and the second substitute bill do pass. Signed by 8 members: Representatives Sawyer, Chair; Kloba, Vice Chair; Condotta, Ranking Minority Member; Vick, Assistant Ranking Minority Member; Blake, Jenkin, Kirby and Young.

Minority Report: Do not pass. Signed by 1 member: Representative Ryu.

Staff: Thamas Osborn (786-7129).

Background:

Certain categories of retail liquor licensees are permitted to sell beer or cider in a "growler," which is a sanitary container brought to the premises by the purchaser, or furnished by the licensee, and filled at the tap at the time of sale. Pursuant to legislation passed during the 2015 Legislative Session, any licensee authorized to sell growlers of beer is also authorized to sell growlers of cider.

Licensees authorized to sell growlers of beer and cider include: (a) grocery store licensees meeting specified conditions; (b) domestic breweries and microbreweries holding a spirits, beer, and wine restaurant license (may only sell beer of their own production); (c) a beer and wine specialty shop licensee with an endorsement to sell growlers; and (d) a spirits, beer, and wine restaurant licensee authorized to sell for off-premises consumption.

Retail sales of wine growlers are limited to domestic wineries. The wine sold by a domestic winery in a growler must be a wine of its own production and only for off-premises consumption. The growlers may be brought to the premises by the customer, or supplied by the licensee, and must be filled at the tap at the time of sale.

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Summary of Second Substitute Bill:

The following categories of liquor licensees with an endorsement to sell beer and/or cider in a growler are authorized to sell growlers of wine:

The sale of wine growlers is subject to the following requirements and restrictions:

The equipment used by the licensee in the filling of growlers must be: (a) maintained and sanitized in accordance with state and local health requirements; (b) located behind a counter or otherwise accessible only by the licensee, and/or be fitted with locking mechanisms that prevent use by anyone other than the licensee; and (c) owned and maintained by the licensee and cannot be provided to the licensee by a wine wholesaler and/or supplier.

Second Substitute Bill Compared to Original Bill:

The substitute bill makes the following changes to the original bill:

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Appropriation: None.

Fiscal Note: Available.

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

Staff Summary of Public Testimony:

See House Bill Report in the 2017 Legislative Session.

Persons Testifying:

See House Bill Report in the 2017 Legislative Session.

Persons Signed In To Testify But Not Testifying:

See House Bill Report in the 2017 Legislative Session.