RCW 66.20.410 — Distillery orders for spirits.

1. (1) The holder of a license to operate a distillery or craft distillery issued under RCW 66.24.140 or 66.24.145 may accept orders for spirits from, and deliver spirits to, customers if all of the following conditions are met for each sale:

   1. (a) Spirits are not used for resale;
   2. (b) Spirits come directly from the distillery's or craft distillery's possession prior to shipment or delivery. All transactions are to be treated as if they were conducted in the retail location of the distillery or craft distillery regardless of how they are received or processed;
   3. (c) Spirits may be ordered in person at a licensed location, by mail, telephone, or internet, or by other similar methods; and
   4. (d) Only a distillery or craft distillery licensee or a licensee's direct employees may accept and process orders and payments. A contractor may not do so on behalf of a distillery or craft distillery licensee, except for transmittal of payment through a third-party service. A third-party service may not solicit customer business on behalf of a distillery or craft distillery licensee.
2. (2) All orders and payments must be fully processed before spirits transfers ownership or, in the case of delivery, leaves a licensed distillery's or craft distillery's possession.
3. (3) 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. An existing prepaid account may not have a negative balance.
4. (4) To sell spirits via the internet, a new distillery or craft distillery license applicant must request internet-sales privileges in his or her application. An existing distillery or craft distillery licensee must notify the board prior to beginning internet sales. A corporate entity representing multiple licensees may notify the board in a single letter on behalf of affiliated distillery or craft distillery licensees, as long as the liquor license numbers of all licensee locations utilizing internet sales privileges are clearly identified.
5. (5) Delivery may 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, marina, or other similar lodging that temporarily serves as a residence.
6. (6) Spirits 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.

7. (7) Under chapter 66.44 RCW, any person under twenty-one years of age is prohibited from purchasing, delivering, or accepting delivery of liquor.

   1. (a) A delivery person must verify the age of the person accepting delivery before handing over liquor.
   2. (b) If no person twenty-one years of age or older is present to accept a liquor order at the time of delivery, the liquor must be returned.
8. (8) Delivery of liquor is prohibited to any person who shows signs of intoxication.

9. (9)

   1. (a) Individual units of spirits must be factory sealed in bottles. For the purposes of this subsection, "factory sealed" means that a unit is in one hundred percent resalable condition, with all manufacturer's seals intact.

   2. (b) The outermost surface of a liquor package, delivered by a third party, must have language stating that:

      1. (i) The package contains liquor;
      2. (ii) The recipient must be twenty-one years of age or older; and
      3. (iii) Delivery to intoxicated persons is prohibited.

10. (10)

    1. (a) Records and files must be retained at the licensed premises. Each delivery sales record must include the following:

       1. (i) Name of the purchaser;
       2. (ii) Name of the person who accepts delivery;
       3. (iii) Street addresses of the purchaser and the delivery location; and
       4. (iv) Time and date of purchase and delivery.
    2. (b) A private carrier must obtain the signature of the person who receives liquor upon delivery.
    3. (c) A sales record does not have to include the name of the delivery person, but it is encouraged.
11. (11) Website requirements. When selling over the internet, all website pages associated with the sale of liquor must display the distillery or craft distillery licensee's registered trade name.
12. (12) A distillery or craft distillery licensee is accountable for all deliveries of liquor made on its behalf.
13. (13) 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.

[ 2015 c 194 s 4.]