Section 314-03-500 - Endorsement for sale of manufacturer sealed alcohol products through takeout or delivery service(1) An endorsement for the sale of manufacturer sealed alcohol products is available through takeout and delivery service as set forth in RCW 66.24.710. There is no fee for a licensee to apply for and obtain this endorsement.(2)(a)(i) An endorsement to sell manufacturer sealed alcohol products at retail through takeout or delivery service is available to the following licensees: Beer and wine restaurants; spirits, beer, and wine restaurants; taverns; snack bars; nonprofit arts licensees; and caterers.(ii) This endorsement allows licensees authorized to sell spirits to sell ready-to-drink cocktails through takeout or delivery service.(b) This endorsement is separate from the endorsements in WAC 314-03-505 and 314-03-510 that authorize the sale through takeout or delivery service of nonmanufacturer or nonfactory sealed premixed cocktails, wine by the glass, premixed wine and spirits cocktails, premixed wine drinks, or growlers.(3) In order to obtain and maintain the endorsement described in this section, licensees must meet the following requirements:(a) Alcohol products must be sold in closed, factory or manufacturer sealed packages or containers, such as cans and bottles. Licensees may only sell the types of manufacturer sealed alcohol products under this endorsement that they are authorized to sell under the terms of their license.(b) If an alcohol product authorized for sale under this endorsement is enclosed inside a bag, box, or other packaging before the alcohol product is provided to the customer through takeout or delivery service, the exterior of the bag, box, or other packaging must be clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in a size that is legible and readily visible. (c) If the alcohol products authorized for sale under this endorsement are sold through delivery service: (i) Licensees must comply with the requirements in the consumer orders, internet sales, and delivery rules in this title. For these requirements, see WAC 314-03-020 through 314-03-040.(ii)(A) At the time of delivery, the employee making the delivery must verify that the person receiving the delivery is at least 21 years of age using an acceptable form of identification in WAC 314-11-025. See RCW 66.44.270.(B) Delivery of an alcohol product must be performed by an employee of an alcohol delivery endorsement holder who is 21 years of age or older and possesses a class 12 permit, in accordance with RCW 66.20.310.(iii) As set forth in RCW 66.24.710, upon delivery of the alcohol product, the signature of the person who is 21 years of age or older receiving the delivery must be obtained. Delivery sales records must meet the requirements in the consumer orders, internet sales, and delivery rules. For general record retention requirements, see WAC 314-11-095.(iv) If no person age 21 or over is present to accept the alcohol product at the time of delivery, the alcohol product must be returned to the licensee. An alcohol product may not be left unattended at a delivery location.(v) Delivery of an alcohol product may not be made to any person who shows signs of intoxication. See RCW 66.44.200.(vi) Alcohol delivery under this section shall be performed by direct employees of the licensee.(d)(i) In addition to the signs required by WAC 314-11-060, signs provided electronically by the board regarding public consumption and transportation of any alcohol products sold through takeout or delivery service must be posted in plain view at:(A) The main entrance to the area of the premises where alcohol products are sold; and(B) The areas of the premises where alcohol products are picked up for takeout or delivery service.(ii) The signs will be designed to remind customers purchasing alcohol products through takeout or delivery service that they must comply with applicable laws and rules including, but not limited to, restrictions on consuming alcohol in public in RCW 66.44.100 and restrictions on drinking or having an open container in a vehicle in RCW 46.61.519. (e) Delivery services conducted and alcohol sold for takeout by beer and wine restaurant licensees and spirits, beer and wine restaurant licensees must be accompanied by a purchased meal prepared and sold by the license holder under RCW 66.24.710.(4) In addition to the requirements listed in this section, licensees must comply with all applicable requirements in Title 66 RCW, Title 314 WAC, and any other applicable laws and rules including, but not limited to, restrictions on sales to minors and intoxicated persons in chapter 66.44 RCW and WAC 314-16-150.(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Alcohol product" means liquor as defined in RCW 66.04.010.(b) "Factory sealed" or "manufacturer sealed" means that a package or container is in 100 percent resalable condition, with all manufacturer's seals intact.(c) "Ready-to-drink cocktail" means a drink made by combining spirits with other alcoholic or nonalcoholic beverages and ingredients including, but not limited to, fruit juice, carbonated beverages, flavorings, or cream, that is:(i) Factory sealed or manufacturer sealed;(ii) No more than 12 percent alcohol per volume; and(iii) No more than 12 ounces in volume.(d) "Spirits" has the same meaning as defined in RCW 66.04.010.(6) The delivery service endorsement described in this section expires July 1, 2025, as set forth in RCW 66.24.710.Wash. Admin. Code § 314-03-500
Adopted by WSR 22-01-052, Filed 12/8/2021, effective 1/8/2022Amended by WSR 23-14-119, Filed 7/5/2023, effective 7/5/2023Amended by WSR 24-04-042, Filed 1/31/2024, effective 3/2/2024