RCW 66.24.244
Microbrewery's license -- Fee.
(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 for off-premises consumption from its
restaurant premises in kegs or in a sanitary container brought to
the premises by the purchaser or furnished by the licensee and
filled at the tap by the licensee at the time of sale.
(3) 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.
(4) 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.
(5)(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) 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 microbrewery license for the purpose of
this title. The approved locations under an endorsement granted
under this subsection (5) do not constitute the tasting or
sampling privilege of a microbrewery. 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.
(e) 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 (5) 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 (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 any additional rules
necessary to implement this section.
(g) For the purposes of this subsection (5):
(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) 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.
[2008 c 248 § 2; (2008 c 248 § 1 expired June 30, 2008); 2008 c 41 § 9; (2008 c 41 § 8 expired June 30, 2008). Prior: 2007 c 370 § 5; (2007 c 370 § 4 expired June 30, 2008); 2007 c 222 § 2; (2007 c 222 § 1 expired June 30, 2008); 2006 c 302 § 3; 2006 c 44 § 2; prior: 2003 c 167 § 1; 2003 c 154 § 2; 1998 c 126 § 3; 1997 c 321 § 12.]
NOTES:
Reviser's note: This section was amended by 2008 c 41 § 9 and by 2008 c 248 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date -- 2008 c 248 § 2: "Section 2 of this act takes effect June 30, 2008." [2008 c 248 § 4.]
Expiration date -- 2008 c 248 § 1: "Section 1 of this act expires June 30, 2008." [2008 c 248 § 3.]
Effective date -- 2008 c 41 §§ 7 and 9: See note following RCW 66.24.240.
Expiration date -- 2008 c 41 §§ 6 and 8: See note following RCW 66.24.240.
Effective date -- 2007 c 370 §§ 5 and 7: "Sections 5 and 7 of this act take effect June 30, 2008." [2007 c 370 § 22.]
Expiration date -- 2007 c 370 §§ 4 and 6: "Sections 4 and 6 of this act expire June 30, 2008." [2007 c 370 § 21.]
Effective date -- 2007 c 222 § 2: "Section 2 of this act takes effect June 30, 2008." [2007 c 222 § 5.]
Expiration date -- 2007 c 222 § 1: "Section 1 of this act expires June 30, 2008." [2007 c 222 § 4.]
Effective date -- 2006 c 302: See note following RCW 66.24.170.
Effective date -- 2003 c 167: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [2003 c 167 § 14.]
Report to legislature -- 2003 c 167: See note following RCW 66.24.250.
Effective date -- 1998 c 126: See note following RCW 66.20.010.
Effective date -- 1997 c 321: See note following RCW 66.24.010.