Wash. Admin. Code § 314-03-040 - Consumer orders, internet sales, and delivery for beer and/or wine gift delivery licenses
A beer and/or wine gift delivery licensee may accept orders for beer or wine from, and deliver beer or wine to, customers.
(1)
Resale. Liquor shall not be
for resale.
(2)
Stock
location. Liquor must come directly from a licensed retail
location.
(3)
How to place an
order. Liquor may be ordered in person at a licensed location, by mail,
telephone or 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 liquor 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. Liquor
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 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 to the licensee.
(8)
Intoxication. Delivery of
liquor is prohibited to any person who shows signs of intoxication.
(9)
Containers and packaging.
(a) Individual units of liquor must be
factory sealed in bottles, cans or other like packaging. Delivery of growlers,
jugs or other similar, nonfactory sealed containers is prohibited. 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 liquor 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
the 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) Time and date of purchase and
delivery.
(b) A private
carrier must obtain the signature of the person who receives liquor 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 liquor must display a licensee's
registered trade name.
(12)
Accountability. A licensee shall be accountable for all deliveries
of liquor 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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