Section 314-20-260 - Consumer orders, internet sales, and delivery for domestic brewery and microbrewery licensees(1) A domestic brewery and microbrewery licensee may accept orders for beer from, and deliver beer to, customers.(a) Beer shall not be for resale.(b) Beer must come directly from a licensed domestic brewery or microbrewery possession.(c) Beer may be ordered in person at a licensed location, by mail, telephone, or internet, or by other similar methods.(2) Sales and payment.(a) Only a domestic brewery or microbrewery licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a domestic brewery or microbrewery licensee, except for transmittal of payment through a third-party service. The use of internet or mobile application for retail customers to purchase alcohol in Washington state is allowed under the following conditions:(i) The internet sale will be made by the domestic brewery or microbrewery;(ii) The payment for the sale will be processed by the domestic brewery or microbrewery; and(iii) The domestic brewery or microbrewery pays the owner of the internet or mobile application a service fee.(b) All orders and payments shall be fully processed before beer transfers ownership or, in the case of delivery, leaves a licensed domestic brewery's or microbrewery's possession.(c) Payment method. Payment methods include, but are not limited to: Cash, credit or debit card, check or money order, electronic funds transfer, or an existing prepaid account.(d) Internet. To sell wine via the internet, a domestic brewery or microbrewery applicant must request internet sales privileges from the board prior to beginning internet sales.(3) Delivery shall be made only to a residence or business that has an address recognized by the United States postal service; however, the board may grant an exception to this rule at its discretion. A residence includes a hotel room, a motel room, or other similar lodging that temporarily serves as a residence.(4) Beer may be delivered each day of the week between the hours of 6:00 a.m. and 2:00 a.m. Delivery must be fully completed by 2:00 a.m.(5) Age requirement. (a) Under chapter 66.44 RCW, any person under twenty-one years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.(b) A delivery person must verify the age of the person accepting delivery before handing over liquor.(c) If no person twenty-one years of age or older is present to accept a liquor order at the time of delivery, the liquor shall be returned.(6) Delivery of liquor is prohibited to any person who shows signs of intoxication.(7) Beer must be sold in original containers.(8) Packages delivered by a third party must have language stating that: (a) The package contains liquor;(b) The recipient must be twenty-one years of age or older; and(c) Delivery to intoxicated persons is prohibited.(9) Records and files shall be retained at the licensed premises. Each delivery sales record shall include the following: (a) Name of the purchaser;(b) Name of the person who accepts delivery;(c) Street addresses of the purchaser and the delivery location; and(d) Time and date of purchase and delivery. (i) A private carrier must obtain the signature of the person who receives liquor upon delivery.(ii) A sales record does not have to include the name of the delivery person, but it is encouraged.(10) When selling over the internet, all web site pages associated with the sale of liquor must display the domestic brewery or microbrewery licensee's registered trade name.(11) A domestic brewery or microbrewery licensee shall be accountable for all deliveries of liquor made on its behalf.(12) The board may impose administrative enforcement action upon a licensee, or suspend or revoke a licensee's delivery privileges, or any combination thereof, should a licensee violate any condition, requirement, or restriction.Wash. Admin. Code § 314-20-260
Adopted by WSR 18-02-006, Filed 12/20/2017, effective 1/20/2018