Wash. Admin. Code § 314-03-035 - Consumer orders, internet sales, and delivery for on-premises beer and/or wine liquor licensees
An on-premises beer and/or wine licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.
(1)Resale. Beer and wine shall
not be for resale.
(2)
Stock
location. Beer and wine must come directly from a licensed on-premises
retail location.
(3)
How to
place an order. Beer and wine may be ordered in person at a licensed
location, by mail, telephone, internet, or by other similar methods.
(4)
Sales and payment.
(a) Only a licensee or a licensee's direct
employees may accept and process orders and payments. A contractor may not do
so on behalf of a licensee, except for transmittal of payment through a
third-party service. The use of internet or mobile applications for retail
customers to purchase alcohol in Washington state are allowed under the
following conditions:
(i) The sale must be
made by the licensee;
(ii) The
licensee processes the payment; and
(iii) The liquor licensee pays the owner of
the mobile application a service fee.
(b) All orders and payments shall be fully
processed before liquor transfers ownership or, in the case of delivery, leaves
a licensed premises.
(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. An existing prepaid account may not have a negative balance.
(d) Internet. To sell beer and wine via the
internet, a new license applicant must request internet-sales privileges in his
or her application. An existing licensee must notify the board prior to
beginning internet sales. A corporate entity representing multiple stores may
notify the board in a single letter on behalf of affiliated licensees, as long
as the liquor license numbers of all licensee locations utilizing internet
sales privileges are clearly identified.
(5)
Delivery location. 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.
(6)
Hours of delivery. Beer and
wine 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)
Age requirement.
(a) Per chapter 66.44 RCW, any person under
twenty-one years of age is prohibited from purchasing, delivering, or accepting
delivery of beer and wine.
(b) A
delivery person must verify the age of the person accepting delivery before
handing over beer and wine.
(c) If
no person twenty-one years of age or older is present to accept a beer and wine
order at the time of delivery, the beer and wine shall be returned to the
licensee.
(8)
Intoxication. Delivery of beer and wine is prohibited to any
person who shows signs of intoxication.
(9)
Containers and packaging.
(a) Individual units of beer and wine must be
factory sealed in bottles, cans or other like packaging. Delivery of growlers,
jugs or other similar, nonfactory sealed containers is prohibited. Delivery of
malt liquor in kegs or other containers capable of holding four gallons or more
of liquid is allowed, provided that kegs or containers are factory sealed and
that the keg sales requirements (see WAC
314-02-115 ) are met prior to
delivery. 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.
(b) The outermost
surface of a beer and wine package, delivered by a third party, must have
language stating that:
(i) The package
contains liquor;
(ii) The recipient
must be twenty-one years of age or older; and
(iii) Delivery to intoxicated persons is
prohibited.
(10)
Required information.
(a) Records and files shall be retained at a
licensed premises. Each delivery sales record shall include the following:
(i) Name of the purchaser;
(ii) Name of the person who accepts
delivery;
(iii) Street addresses of
the purchaser and the delivery location; and
(iv) Times and dates of purchase and
delivery.
(b) A private
carrier must obtain the signature of the person who receives beer and wine upon
delivery.
(c) A sales record does
not have to include the name of the delivery person, but it is
encouraged.
(11)
Web site requirements. When selling over the internet, all web
site pages associated with the sale of beer and wine must display a licensee's
registered trade name.
(12)
Accountability. A licensee shall be accountable for all deliveries
of beer and wine made on its behalf.
(13)
Violations. 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.
Notes
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