RCW 66.24.170
Domestic winery license -- Winery as
distributor and/or retailer of own wine -- Off-premise
samples -- Domestic wine made into sparkling wine -- Sales at
qualifying farmers markets. (Effective until December 1, 2012.)
(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 sell wine of its own production at retail, 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 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. Except as provided in section 1, chapter 62, Laws of
2011, the approved locations under an endorsement granted under
this subsection do not include the tasting or sampling privilege
of a winery. 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.
[2011 c 62 § 2; 2009 c 373 § 4; 2008 c 41 § 5; 2007 c 16 § 2; 2006 c 302 § 1; 2003 c 44 § 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991 c 192 § 2; 1982 c 85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172 § 1 (23C); 1937 c 217 § 1 (23C) (adding new section 23-C to 1933 ex.s. c 62); RRS § 7306-23C. Formerly RCW 66.24.170, 66.24.180, and 66.24.190.]
NOTES:
Wine tasting at farmers markets -- Pilot project -- 2011 c 62:
"(1) The liquor control board shall establish a pilot project as
provided in this section to allow beer and wine tasting at
farmers markets.
(2) The pilot project shall consist of ten farmers markets
with at least six days of tastings to be conducted by a winery or
microbrewery at each farmers market between September 1, 2011,
and November 1, 2012. The pilot project farmers markets shall be
selected by the liquor control board in consultation with
statewide organizations of farmers markets. The board shall make
an effort to select farmers markets throughout the entire state.
(3) Farmers markets chosen to participate in the pilot
project must be authorized on January 1, 2011, to allow wineries
to sell bottled wine at retail under RCW 66.24.170. A farmers
market with a microbrewery providing samples under this section
must also be authorized on January 1, 2011, to allow
microbreweries to sell bottled beer at retail under RCW 66.24.244. A winery or microbrewery offering samples under this
section must have an endorsement on May 1, 2011, from the board
to sell wine or beer, as the case may be, of its own production
at a farmers market under RCW 66.24.170 or 66.24.244,
respectively.
(4) Only one winery or microbrewery may offer samples at a
farmers market per day.
(5) Samples may be offered only under the following
conditions:
(a) Each sample must be two ounces or less, up to a total of
four ounces per customer per day. A winery or microbrewery may
provide only one sample of any single brand and type of wine or
beer to a customer per day.
(b) A winery or microbrewery may advertise that it offers
samples only at its designated booth, stall, or other designated
location at the farmers market.
(c) Customers must remain at the designated booth, stall, or
other designated location while sampling beer or wine.
(d) Winery and microbrewery licensees and employees who are
involved in sampling activities under this section must hold a
class 12 or class 13 alcohol server permit.
(e) A winery or microbrewery must have food available for
customers to consume while sampling beer or wine, or must be
adjacent to a vendor offering prepared food.
(6) The board may establish additional requirements to
ensure that persons under twenty-one years of age and apparently
intoxicated persons cannot possess or consume alcohol under the
authority granted in this section.
(7) The board may prohibit sampling at a farmers market that
is within the boundaries of an alcohol impact area recognized by
resolution of the board if the board finds that the sampling
activities at the farmers market are having an adverse effect on
the reduction of chronic public inebriation in the area.
(8) If a winery or microbrewery is found to have committed a
public safety violation in conjunction with tasting activities,
the board may suspend the licensee's farmers market endorsement
and not reissue the endorsement for up to two years from the date
of the violation. If mitigating circumstances exist, the board
may offer a monetary penalty in lieu of suspension during a
settlement conference.
(9) The board shall report on the pilot project to the
appropriate committees of the legislature by December 1, 2012."
[2011 c 62 § 1.]
Expiration date -- 2011 c 62: "This act expires December 1, 2012." [2011 c 62 § 5.]
Effective date -- 2006 c 302: "Except for sections 10 and 12 of this act, 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 April 14, 2006." [2006 c 302 § 16.]
Effective date -- 1997 c 321: See note following RCW 66.24.010.
Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.
RCW 66.24.170
Domestic winery license -- Winery as
distributor and/or retailer of own wine -- Off-premise
samples -- Domestic wine made into sparkling wine -- Sales at
qualifying farmers markets. (Effective December 1, 2012.)
(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 sell wine of its own production at retail, 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 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 do not include the tasting or sampling privilege
of a winery. 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.
[2009 c 373 § 4; 2008 c 41 § 5; 2007 c 16 § 2; 2006 c 302 § 1; 2003 c 44 § 1; 2000 c 141 § 1; 1997 c 321 § 3; 1991 c 192 § 2; 1982 c 85 § 4; 1981 1st ex.s. c 5 § 31; 1939 c 172 § 1 (23C); 1937 c 217 § 1 (23C) (adding new section 23-C to 1933 ex.s. c 62); RRS § 7306-23C. Formerly RCW 66.24.170, 66.24.180, and 66.24.190.]
NOTES:
Effective date -- 2006 c 302: "Except for sections 10 and 12 of this act, 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 April 14, 2006." [2006 c 302 § 16.]
Effective date -- 1997 c 321: See note following RCW 66.24.010.
Severability -- Effective date -- 1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100.