(1) No person shall canvass for, solicit,
receive or take orders for the purchase or sale of any liquor, or act as the
agent for the purchase or sale of liquor, nor contact any licensees of the
board in goodwill activities, unless such person is holder of an agent's
license as provided in
RCW
66.24.310, and this regulation.
(2) An agent's license may be issued to the
accredited representative of a person, firm, or corporation within the state of
Washington holding any of the following licenses:
(a) A beer certificate of approval
license;
(b) A beer distributor's
license;
(c) A brewer's
license;
(d) A beer importer's
license;
(e) A wine certificate of
approval license;
(f) A wine
distributor license;
(g) A domestic
winery license;
(h) A wine
importer's license;
(i) A spirits
certificate of approval license;
(j) A spirits distributor license;
(k) A distiller or craft distiller license;
or
(l) A spirits importer
license.
(3) An agent's
license may be issued to the accredited representative of a distiller,
manufacturer, importer, or distributor of spirituous liquor, or foreign
produced beer or wine. A person, firm, or corporation so qualified, is herein
defined to be an eligible employer. Such employer shall apply to the board for
such an agent's license for his accredited representatives on application forms
prescribed and furnished by the board. This subsection shall not apply to
drivers who deliver beer or wine or to domestic wineries or their employees.
Employees of a domestic winery must have identification on them that indicates
they work for the winery. Identification may be in the form of a winery's
business card, employee badge, or similar identification.
(4) Any person acting as an independent
contractor for a winery must have an agent's license. An independent contractor
is defined as an independent business person who runs his or her own business
that provides services to another individual or business. The independent
contractor is a separate business entity. The earnings of a person who is
working as an independent contractor are subject to self-employment
tax.
(5) Every firm which applies
for an agent's license under the provisions of this section shall furnish the
board with satisfactory proof that such firm is in fact a bona fide business
entity.
(6) Only the licensed agent
of a distiller, manufacturer, importer, or distributor of spirituous liquor may
contact retail licensees in goodwill activities when such contacts pertain to
spirituous liquor products.
(7) No
distiller, manufacturer, importer, or distributor, or agent thereof, shall
allow, pay or rebate, directly or indirectly, any cash or merchandise to any
retail licensee to induce or promote the sale of liquor, including the payment
of tips to such licensees or their employees and the purchasing of drinks "for
the house." Such persons, firms and licensees must operate in conformity with
WAC
314-12-140, RCW 66.28.010,
66.28.040, and other applicable
laws and rules.
(8) Upon the
termination of the employment of a licensed agent, his employer shall
immediately notify the board and with such notice return to the board the
agent's license issued to such person.
