RCW 66.24.240
Domestic brewery's license -- Fee.
(1) There
shall be a license for domestic breweries; fee to be two thousand
dollars for production of sixty thousand barrels or more of malt
liquor per year.
(2) Any domestic brewery, except for a brand owner of malt
beverages under RCW 66.04.010(7), licensed under this section may
also act as a distributor and/or retailer for beer of its own
production. Any domestic brewery operating as a distributor
and/or retailer under this subsection shall comply with the
applicable laws and rules relating to distributors and/or
retailers. A domestic brewery 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) Any domestic brewery licensed under this section may
also sell beer produced by another domestic brewery or a
microbrewery for on and off-premises consumption from its
premises as long as the other breweries' brands do not exceed
twenty-five percent of the domestic brewery's on-tap offering of
its own brands.
(4) A domestic brewery may hold up to two retail licenses to
operate an on or off-premise tavern, beer and/or wine restaurant,
or spirits, beer, and wine restaurant. This retail license is
separate from the brewery license. A brewery that holds a tavern
license, a 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) Any domestic brewery licensed under this section may
contract-produce beer for a brand owner of malt beverages defined
under RCW 66.04.010(7), and this contract-production is not a
sale for the purposes of RCW 66.28.170 and 66.28.180.
(6)(a) A domestic brewery licensed under this section and
qualified for a reduced rate of taxation pursuant to RCW 66.24.290(3)(b) 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 domestic brewery will sell
beer at a qualifying farmers market, the domestic brewery 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 domestic brewery
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 domestic brewery 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 domestic brewery. The domestic brewery
may not store beer at a farmers market beyond the hours that the
domestic brewery offers bottled beer for sale. The domestic
brewery may not act as a distributor from a farmers market
location.
(e) Before a domestic brewery may sell bottled beer at a
qualifying farmers market, the farmers market must apply to the
board for authorization for any domestic brewery with an
endorsement approved under this subsection 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 domestic brewery 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 domestic brewery
to sell bottled beer 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 (6)(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.
[2011 c 195 § 6; 2011 c 119 § 212; 2008 c 41 § 7; (2008 c 41 § 6 expired June 30, 2008); 2007 c 370 § 7; (2007 c 370 § 6 expired June 30, 2008). Prior: 2006 c 302 § 2; 2006 c 44 § 1; 2003 c 154 § 1; 2000 c 142 § 2; 1997 c 321 § 11; 1985 c 226 § 1; 1982 c 85 § 5; 1981 1st ex.s. c 5 § 13; 1937 c 217 § 1 (23B) (adding new section 23-B to 1933 ex.s. c 62); RRS § 7306-23B.]
NOTES:
Reviser's note: This section was amended by 2011 c 119 § 212 and by 2011 c 195 § 6, 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 41 §§ 7 and 9: "Sections 7 and 9 of this act take effect June 30, 2008." [2008 c 41 § 15.]
Expiration date -- 2008 c 41 §§ 6 and 8: "Sections 6 and 8 of this act expire June 30, 2008." [2008 c 41 § 14.]
Effective date -- 2007 c 370 §§ 5 and 7: See note following RCW 66.24.244.
Expiration date -- 2007 c 370 §§ 4 and 6: See note following RCW 66.24.244.
Effective date -- 2006 c 302: See note following RCW 66.24.170.
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.