WSR 15-07-036
[Filed March 11, 2015, 1:13 p.m., effective April 11, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule making is a result of a stakeholder request to revise the rule on spirits sampling to allow spirits to be altered with mixers. There is no public safety risk by allowing spirits samples to be altered with mixers in addition to ice and/or water.
Citation of Existing Rules Affected by this Order: Amending WAC 314-02-106.
Statutory Authority for Adoption: RCW 66.24.670, 66.08.030.
Adopted under notice filed as WSR 15-02-081 on January 7, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 11, 2015.
Jane Rushford
AMENDATORY SECTION (Amending WSR 14-02-001, filed 12/18/13, effective 1/18/14)
WAC 314-02-106 What is a spirits retailer license?
(1) A spirits retailer licensee may not sell spirits under this license until June 1, 2012. A spirits retailer is a retail license. The holder of a spirits retailer license is allowed to:
(a) Sell spirits in original containers to consumers for off-premises consumption;
(b) Sell spirits in original containers to permit holders (see chapter 66.20 RCW);
(c) Sell spirits in original containers to on-premises liquor retailers, for resale at their licensed premises, although no single sale may exceed twenty-four liters, and single sales to an on-premises licensee are limited to one per day; and
(d) Export spirits in original containers.
(2) A spirits retailer licensee that intends to sell to another retailer must possess a basic permit under the Federal Alcohol Administration Act. This permit must provide for purchasing distilled spirits for resale at wholesale. A copy of the federal basic permit must be submitted to the board. A federal basic permit is required for each location from which the spirits retailer licensee plans to sell to another retailer.
(3) A sale by a spirits retailer licensee is a retail sale only if not for resale to an on-premises spirits retailer. On-premises retail licensees that purchase spirits from a spirits retail licensee must abide by RCW 66.24.630.
(4) A spirits retail licensee must pay to the board seventeen percent of all spirits sales. The first payment is due to the board October 1, 2012, for sales from June 1, 2012, to June 30, 2012 (see WAC 314-02-109 for quarterly reporting requirements).
Reporting of spirits sales and payment of fees must be submitted on forms provided by the board.
(5) A spirits retail licensee may apply for a spirits sampling endorsement to conduct spirits sampling if they meet the following criteria:
(a) Be a participant in the responsible vendor program;
(b) Advertising:
(i) For spirits retail licensees that also hold a grocery store license, signs advertising spirits samplings may not be placed in the windows or outside of the premises that can be viewed from the public right of way;
(ii) For spirits retail licensees that also hold a beer/wine specialty store license, advertising of spirits sampling may be advertised but not state that sampling is free of charge.
(c) Spirits samplings are to be conducted in the following manner:
(i) Spirits samplings service area and facilities must be located within the licensees' fully enclosed retail area and must be of a size and design that the licensee can observe and control persons in the area.
(ii) The licensee must provide a sketch of the sampling area. Fixed or moveable barriers are required around the sampling area to ensure that persons under twenty-one years of age and apparently intoxicated persons cannot possess or consume alcohol. The sketch is to be included with the application for the spirits sampling endorsement.
(iii) Each sample may be no more than one-half ounce of spirits, and no more than a total of one and one-half ounces of spirits samples per person during any one visit to the premises. Spirits samples ((must be unaltered)) may be altered with mixers, water, and/or ice.
(iv) The licensee must have food available for the sampling participants.
(v) Customers must remain in the service area while consuming samples.
(vi) All employees serving spirits during sampling events must hold a class 12 server permit.
(vii) There must be at least two employees on duty when conducting spirits sampling events.
(viii) Spirits sampling activities are subject to RCW 66.28.305 and 66.28.040.
(d) Licensees are required to send a list of scheduled spirits samplings to their regional enforcement office at the beginning of each month. The date and time for each sampling must be included.
(6) The annual fee for a spirits retail license is one hundred sixty-six dollars.