(1) There shall
be a license for bonded wine warehouses which shall authorize the
storage and handling of bottled wine. Under this license a
licensee may maintain a warehouse for the storage of wine off the
premises of a winery.
(2) The board shall adopt similar qualifications for a
bonded wine warehouse license as required for obtaining a
domestic winery license as specified in RCW 66.24.010 and 66.24.170. A licensee must be a sole proprietor, a partnership,
a limited liability company, or a corporation. One or more
domestic wineries may operate as a partnership, corporation,
business co-op, or agricultural co-op for the purposes of
obtaining a bonded wine warehouse license.
(3) All bottled wine shipped to a bonded wine warehouse from
a winery or another bonded wine warehouse shall remain under bond
and no tax imposed under RCW 66.24.210 shall be due, unless the
wine is removed from bond and shipped to a licensed Washington
wine distributor. Wine may be removed from a bonded wine
warehouse only for the purpose of being (a) exported from the
state, (b) shipped to a licensed Washington wine distributor, (c)
returned to a winery or bonded wine warehouse, or [(d)] shipped
to a consumer pursuant to RCW 66.20.360 through 66.20.390.
(4) Warehousing of wine by any person other than (a) a
licensed domestic winery or a bonded wine warehouse licensed
under the provisions of this section, (b) a licensed Washington
wine distributor, (c) a licensed Washington wine importer, (d) a
wine certificate of approval holder (W7), or (e) the liquor
control board, is prohibited.
(5) A license applicant shall hold a federal permit for a
bonded wine cellar and may be required to post a continuing wine
tax bond of such an amount and in such a form as may be required
by the board prior to the issuance of a bonded wine warehouse
license. The fee for this license shall be one hundred dollars
per annum.
(6) The board shall adopt rules requiring a bonded wine
warehouse to be physically secure, zoned for the intended use and
physically separated from any other use.
(7) Every licensee shall submit to the board a monthly
report of movement of bottled wines to and from a bonded wine
warehouse in a form prescribed by the board. The board may adopt
other necessary procedures by which bonded wine warehouses are
licensed and regulated.
(8) Handling of bottled wine, as provided for in this
section, includes packaging and repackaging services; bottle
labeling services; creating baskets or variety packs that may or
may not include nonwine products; and picking, packing, and
shipping wine orders direct to consumer. A winery contracting
with a bonded wine warehouse for handling bottled wine must
comply with all applicable state and federal laws and shall be
responsible for financial transactions in direct to consumer
shipping activities.
[2008 c 41 § 4; 1999 c 281 § 4; 1997 c 321 § 4; 1984 c 19 § 1.]
NOTES:
Effective date -- 1997 c 321: See note following RCW 66.24.010.