Liquor food service options

AN ACT Relating to food service options for liquor licensees; 1
amending RCW 66.24.240, 66.24.244, 66.24.320, 66.24.410, and 2
66.04.010; and reenacting and amending RCW 66.24.400.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 66.24.240 and 2021 c 6 s 4 are each amended to read 5
as follows: 6
(1)(a) There shall be a license for domestic breweries; fee to be 7
two thousand dollars for production of sixty thousand barrels or more 8
of malt liquor per year. 9
(b) The annual fee in (a) of this subsection is waived during the 10
12-month period beginning with the second calendar month after 11
February 28, 2021, for: 12
(i) Licenses that expire during the 12-month waiver period under 13
this subsection (1)(b); and 14
(ii) Licenses issued to persons previously licensed under this 15
section at any time during the 12-month period prior to the 12-month 16
waiver period under this subsection (1)(b). 17
(c) The waiver in (b) of this subsection does not apply to any 18
licensee that: 19
(i) Had their license suspended by the board for health and 20
safety violations of state COVID-19 guidelines; or21
H-0601.2
HOUSE BILL 1602
State of Washington 69th Legislature 2025 Regular Session
By Representatives Waters, Peterson, Bronoske, and Reed
Read first time 01/27/25. Referred to Committee on Consumer
Protection & Business.
p. 1 HB 1602
(ii) Received an order of immediate restraint or citation from 1
the department of labor and industries for allowing an employee to 2
perform work where business activity was prohibited in violation of 3
an emergency proclamation of the governor under RCW 43.06.220.4
(d) Upon request of the department of revenue, the board and the 5
department of labor and industries must both provide a list of 6
persons that they have determined to be ineligible for a fee waiver 7
under (b) of this subsection for the reasons described in (c) of this 8
subsection. Unless otherwise agreed, any list must be received by the 9
department of revenue no later than 15 calendar days after the 10
request is made. 11
(2) Any domestic brewery, except for a brand owner of malt 12
beverages under RCW 66.04.010(7), licensed under this section may 13
also act as a distributor and/or retailer for beer of its own 14
production. Any domestic brewery operating as a distributor and/or 15
retailer under this subsection shall comply with the applicable laws 16
and rules relating to distributors and/or retailers. A domestic 17
brewery holding a spirits, beer, and wine restaurant license may sell 18
beer of its own production for off-premises consumption from its 19
restaurant premises in kegs or in a sanitary container brought to the 20
premises by the purchaser or furnished by the licensee and filled at 21
the tap by the licensee at the time of sale. 22
(3) Any domestic brewery licensed under this section may also 23
sell beer produced by another domestic brewery or a microbrewery for 24
on and off-premises consumption from its premises as long as the 25
other breweries' brands do not exceed twenty-five percent of the 26
domestic brewery's on-tap offering of its own brands.27
(4) A domestic brewery may hold up to four retail licenses to 28
operate an on or off-premises tavern, beer and/or wine restaurant, 29
spirits, beer, and wine restaurant, or any combination thereof. This 30
retail license is separate from the brewery license. A brewery that 31
holds a tavern license, a spirits, beer, and wine restaurant license, 32
or a beer and/or wine restaurant license shall hold the same 33
privileges and endorsements as permitted under RCW 66.24.320, 34
66.24.330, and 66.24.420. However, when qualifying for and 35
maintaining a beer and/or wine restaurant license or a spirits, beer, 36
and wine restaurant license, a domestic brewery may subcontract with 37
one or more individuals or entities to satisfy food service 38
requirements applicable to the beer and/or wine restaurant license or 39
the spirits, beer, and/or wine restaurant license.40
p. 2 HB 1602
(5) Any domestic brewery licensed under this section may 1
contract-produce beer for a brand owner of malt beverages defined 2
under RCW 66.04.010(7), and this contract-production is not a sale 3
for the purposes of RCW 66.28.170 and 66.28.180. 4
(6)(a) A domestic brewery licensed under this section and 5
qualified for a reduced rate of taxation pursuant to RCW 6
66.24.290(3)(b) may apply to the board for an endorsement to sell 7
bottled beer of its own production at retail for off-premises 8
consumption at a qualifying farmers market. The annual fee for this 9
endorsement is seventy-five dollars. 10
(b) For each month during which a domestic brewery will sell beer 11
at a qualifying farmers market, the domestic brewery must provide the 12
board or its designee a list of the dates, times, and locations at 13
which bottled beer may be offered for sale. This list must be 14
received by the board before the domestic brewery may offer beer for 15
sale at a qualifying farmers market. 16
(c) The beer sold at qualifying farmers markets must be produced 17
in Washington. 18
(d) Each approved location in a qualifying farmers market is 19
deemed to be part of the domestic brewery license for the purpose of 20
this title. The approved locations under an endorsement granted under 21
this subsection do not include the tasting or sampling privilege of a 22
domestic brewery. The domestic brewery may not store beer at a 23
farmers market beyond the hours that the domestic brewery offers 24
bottled beer for sale. The domestic brewery may not act as a 25
distributor from a farmers market location. 26
(e) Before a domestic brewery may sell bottled beer at a 27
qualifying farmers market, the farmers market must apply to the board 28
for authorization for any domestic brewery with an endorsement 29
approved under this subsection to sell bottled beer at retail at the 30
farmers market. This application shall include, at a minimum: (i) A 31
map of the farmers market showing all booths, stalls, or other 32
designated locations at which an approved domestic brewery may sell 33
bottled beer; and (ii) the name and contact information for the on-34
site market managers who may be contacted by the board or its 35
designee to verify the locations at which bottled beer may be sold. 36
Before authorizing a qualifying farmers market to allow an approved 37
domestic brewery to sell bottled beer at retail at its farmers market 38
location, the board shall notify the persons or entities of such 39
application for authorization pursuant to RCW 66.24.010 (8) and (9). 40
p. 3 HB 1602
An authorization granted under this subsection (6)(e) may be 1
withdrawn by the board for any violation of this title or any rules 2
adopted under this title. 3
(f) The board may adopt rules establishing the application and 4
approval process under this section and such additional rules as may 5
be necessary to implement this section. 6
(g) For the purposes of this subsection: 7
(i) "Qualifying farmers market" means an entity that sponsors a 8
regular assembly of vendors at a defined location for the purpose of 9
promoting the sale of agricultural products grown or produced in this 10
state directly to the consumer under conditions that meet the 11
following minimum requirements: 12
(A) There are at least five participating vendors who are farmers 13
selling their own agricultural products; 14
(B) The total combined gross annual sales of vendors who are 15
farmers exceeds the total combined gross annual sales of vendors who 16
are processors or resellers; 17
(C) The total combined gross annual sales of vendors who are 18
farmers, processors, or resellers exceeds the total combined gross 19
annual sales of vendors who are not farmers, processors, or 20
resellers; 21
(D) The sale of imported items and secondhand items by any vendor 22
is prohibited; and 23
(E) No vendor is a franchisee. 24
(ii) "Farmer" means a natural person who sells, with or without 25
processing, agricultural products that he or she raises on land he or 26
she owns or leases in this state or in another state's county that 27
borders this state. 28
(iii) "Processor" means a natural person who sells processed food 29
that he or she has personally prepared on land he or she owns or 30
leases in this state or in another state's county that borders this 31
state. 32
(iv) "Reseller" means a natural person who buys agricultural 33
products from a farmer and resells the products directly to the 34
consumer. 35
(7) The state board of health shall adopt rules to allow dogs on 36
the premises of licensed domestic breweries that do not provide or 37
subcontract for food service subject to a food service permit 38
requirement. 39
p. 4 HB 1602
(8)(a) Subject to (b) of this subsection, nothing in this title 1
prohibits the use of a domestic brewery's licensed premises for the 2
subcontracted and, where applicable, subleased operation of a mobile 3
food unit, as defined in RCW 43.20.025, or an independently operated 4
food service provider or establishment by one or more persons or 5
entities who sells food and nonalcoholic beverages to the public and 6
does not hold a retail liquor license.7
(b) The premises used by the mobile food unit, as defined in RCW 8
43.20.025, or independently operated food service provider or 9
establishment, and the areas of the licensee's premises to which 10
staff of the mobile food unit or independently operated food service 11
provider or establishment may access, must be substantially separated 12
from the storage of nontax-paid alcohol.13
Sec. 2. RCW 66.24.244 and 2021 c 6 s 5 are each amended to read 14
as follows: 15
(1)(a) There shall be a license for microbreweries; fee to be one 16
hundred dollars for production of less than sixty thousand barrels of 17
malt liquor, including strong beer, per year. 18
(b) The annual fee in (a) of this subsection is waived during the 19
12-month period beginning with the second calendar month after 20
February 28, 2021, for: 21
(i) Licenses that expire during the 12-month waiver period under 22
this subsection (1)(b); and 23
(ii) Licenses issued to persons previously licensed under this 24
section at any time during the 12-month period prior to the 12-month 25
waiver period under this subsection (1)(b). 26
(c) The waiver in (b) of this subsection does not apply to any 27
licensee that: 28
(i) Had their license suspended by the board for health and 29
safety violations of state COVID-19 guidelines; or30
(ii) Received an order of immediate restraint or citation from 31
the department of labor and industries for allowing an employee to 32
perform work where business activity was prohibited in violation of 33
an emergency proclamation of the governor under RCW 43.06.220.34
(d) Upon request of the department of revenue, the board and the 35
department of labor and industries must both provide a list of 36
persons that they have determined to be ineligible for a fee waiver 37
under (b) of this subsection for the reasons described in (c) of this 38
subsection. Unless otherwise agreed, any list must be received by the 39
p. 5 HB 1602
department of revenue no later than 15 calendar days after the 1
request is made. 2
(2)(a) Any microbrewery licensed under this section may also act 3
as a distributor and/or retailer for beer and strong beer of its own 4
production. 5
(b) Any microbrewery operating as a distributor and/or retailer 6
under this subsection must comply with the applicable laws and rules 7
relating to distributors and/or retailers, except that a microbrewery 8
operating as a distributor may maintain a warehouse off the premises 9
of the microbrewery for the distribution of beer provided that:10
(i) The warehouse has been approved by the board under RCW 11
66.24.010; and 12
(ii) The number of warehouses off the premises of the 13
microbrewery does not exceed one. 14
(c) A microbrewery holding a spirits, beer, and wine restaurant 15
license may sell beer of its own production for off-premises 16
consumption from its restaurant premises in kegs or in a sanitary 17
container brought to the premises by the purchaser or furnished by 18
the licensee and filled at the tap by the licensee at the time of 19
sale. 20
(3) Any microbrewery licensed under this section may also sell 21
from its premises for on-premises and off-premises consumption:22
(a) Beer produced by another microbrewery or a domestic brewery 23
as long as the other breweries' brands do not exceed twenty-five 24
percent of the microbrewery's on-tap offerings; or25
(b) Cider produced by a domestic winery. 26
(4) The board may issue up to four retail licenses allowing a 27
microbrewery to operate an on or off-premises tavern, beer and/or 28
wine restaurant, spirits, beer, and wine restaurant, or any 29
combination thereof. 30
(5) A microbrewery that holds a tavern license, spirits, beer, 31
and wine restaurant license, or a beer and/or wine restaurant license 32
holds the same privileges and endorsements as permitted under RCW 33
66.24.320, 66.24.330, and 66.24.420. However, when qualifying for and 34
maintaining a beer and/or wine restaurant license or a spirits, beer, 35
and wine restaurant license, a microbrewery may subcontract with one 36
or more individuals or entities to satisfy food service requirements 37
applicable to the beer and/or wine restaurant license or the spirits, 38
beer, and/or wine restaurant license.39
p. 6 HB 1602
(6)(a) A microbrewery licensed under this section may apply to 1
the board for an endorsement to sell bottled beer of its own 2
production at retail for off-premises consumption at a qualifying 3
farmers market. The annual fee for this endorsement is seventy-five 4
dollars. However, strong beer may not be sold at a farmers market or 5
under any endorsement which may authorize microbreweries to sell beer 6
at farmers markets. 7
(b) For each month during which a microbrewery will sell beer at 8
a qualifying farmers market, the microbrewery must provide the board 9
or its designee a list of the dates, times, and locations at which 10
bottled beer may be offered for sale. This list must be received by 11
the board before the microbrewery may offer beer for sale at a 12
qualifying farmers market. 13
(c) Any person selling or serving beer must obtain a class 12 or 14
class 13 alcohol server permit. 15
(d) The beer sold at qualifying farmers markets must be produced 16
in Washington. 17
(e) Each approved location in a qualifying farmers market is 18
deemed to be part of the microbrewery license for the purpose of this 19
title. The approved locations under an endorsement granted under this 20
subsection (6) include tasting or sampling privileges subject to the 21
conditions pursuant to RCW 66.24.175. The microbrewery may not store 22
beer at a farmers market beyond the hours that the microbrewery 23
offers bottled beer for sale. The microbrewery may not act as a 24
distributor from a farmers market location. 25
(f) Before a microbrewery may sell bottled beer at a qualifying 26
farmers market, the farmers market must apply to the board for 27
authorization for any microbrewery with an endorsement approved under 28
this subsection (6) to sell bottled beer at retail at the farmers 29
market. This application must include, at a minimum: (i) A map of the 30
farmers market showing all booths, stalls, or other designated 31
locations at which an approved microbrewery may sell bottled beer; 32
and (ii) the name and contact information for the on-site market 33
managers who may be contacted by the board or its designee to verify 34
the locations at which bottled beer may be sold. Before authorizing a 35
qualifying farmers market to allow an approved microbrewery to sell 36
bottled beer at retail at its farmers market location, the board must 37
notify the persons or entities of the application for authorization 38
pursuant to RCW 66.24.010 (8) and (9). An authorization granted under 39
p. 7 HB 1602
this subsection (6)(f) may be withdrawn by the board for any 1
violation of this title or any rules adopted under this title.2
(g) The board may adopt rules establishing the application and 3
approval process under this section and any additional rules 4
necessary to implement this section. 5
(h) For the purposes of this subsection (6): 6
(i) "Qualifying farmers market" has the same meaning as defined 7
in RCW 66.24.170. 8
(ii) "Farmer" means a natural person who sells, with or without 9
processing, agricultural products that he or she raises on land he or 10
she owns or leases in this state or in another state's county that 11
borders this state. 12
(iii) "Processor" means a natural person who sells processed food 13
that he or she has personally prepared on land he or she owns or 14
leases in this state or in another state's county that borders this 15
state. 16
(iv) "Reseller" means a natural person who buys agricultural 17
products from a farmer and resells the products directly to the 18
consumer. 19
(7) Any microbrewery licensed under this section may 20
contract-produce beer for another microbrewer. This contract-21
production is not a sale for the purposes of RCW 66.28.170 and 22
66.28.180. 23
(8) The state board of health shall adopt rules to allow dogs on 24
the premises of licensed microbreweries that do not provide or 25
contract for food service subject to a food service permit 26
requirement. 27
(9)(a) Subject to (b) of this subsection, nothing in this title 28
prohibits the use of a microbrewery's licensed premises for the 29
subcontracted and, where applicable, subleased operation of a mobile 30
food unit, as defined in RCW 43.20.025, or an independently operated 31
food service provider or establishment, by a person who sells food 32
and nonalcoholic beverages to the public and does not hold a retail 33
liquor license.34
(b) The premises used by the mobile food unit, as defined in RCW 35
43.20.025, or independently operated food service provider or 36
establishment, and the areas of the licensee's premises to which 37
staff of such a mobile food unit or independently operated food 38
service provider or establishment may access, must be substantially 39
separated from the storage of nontax-paid alcohol.40
p. 8 HB 1602
Sec. 3. RCW 66.24.320 and 2021 c 6 s 6 are each amended to read 1
as follows: 2
There shall be a beer and/or wine restaurant license to sell 3
beer, including strong beer, or wine, or both, at retail, for 4
consumption on the premises. A patron of the licensee may remove from 5
the premises, recorked or recapped in its original container, any 6
portion of wine or sake that was purchased for consumption with a 7
meal. 8
(1)(a) The annual fee shall be two hundred dollars for the beer 9
license, two hundred dollars for the wine license, or four hundred 10
dollars for a combination beer and wine license. 11
(b) The annual fees in (a) of this subsection are waived during 12
the 12-month period beginning with the second calendar month after 13
February 28, 2021, for: 14
(i) Licenses that expire during the 12-month waiver period under 15
this subsection (1)(b); and 16
(ii) Licenses issued to persons previously licensed under this 17
section at any time during the 12-month period prior to the 12-month 18
waiver period under this subsection (1)(b). 19
(c) The waivers in (b) of this subsection do not apply to any 20
licensee that: 21
(i) Had their license suspended by the board for health and 22
safety violations of state COVID-19 guidelines; or23
(ii) Received an order of immediate restraint or citation from 24
the department of labor and industries for allowing an employee to 25
perform work where business activity was prohibited in violation of 26
an emergency proclamation of the governor under RCW 43.06.220.27
(d) Upon request of the department of revenue, the board and the 28
department of labor and industries must both provide a list of 29
persons that they have determined to be ineligible for a fee waiver 30
under (b) of this subsection for the reasons described in (c) of this 31
subsection. Unless otherwise agreed, any list must be received by the 32
department of revenue no later than 15 calendar days after the 33
request is made. 34
(2)(a) The board may issue a caterer's endorsement to this 35
license to allow the licensee to remove from the liquor stocks at the 36
licensed premises, only those types of liquor that are authorized 37
under the on-premises license privileges for sale and service at 38
event locations at a specified date and, except as provided in 39
subsection (3) of this section, place not currently licensed by the 40
p. 9 HB 1602
board. If the event is open to the public, it must be sponsored by a 1
society or organization as defined by RCW 66.24.375. If attendance at 2
the event is limited to members or invited guests of the sponsoring 3
individual, society, or organization, the requirement that the 4
sponsor must be a society or organization as defined by RCW 66.24.375 5
is waived. Cost of the endorsement is three hundred fifty dollars.6
(b) The holder of this license with a catering endorsement shall, 7
if requested by the board, notify the board or its designee of the 8
date, time, place, and location of any catered event. Upon request, 9
the licensee shall provide to the board all necessary or requested 10
information concerning the society or organization that will be 11
holding the function at which the endorsed license will be utilized.12
(c) The holder of this license with a caterer's endorsement may, 13
under conditions established by the board, store liquor on the 14
premises of another not licensed by the board so long as there is a 15
written agreement between the licensee and the other party to provide 16
for ongoing catering services, the agreement contains no exclusivity 17
clauses regarding the alcoholic beverages to be served, and the 18
agreement is filed with the board. 19
(d) The holder of this license with a caterer's endorsement may, 20
under conditions established by the board, store liquor on other 21
premises operated by the licensee so long as the other premises are 22
owned or controlled by a leasehold interest by that licensee. A 23
duplicate license may be issued for each additional premises. A 24
license fee of twenty dollars shall be required for such duplicate 25
licenses. 26
(3) Licensees under this section that hold a caterer's 27
endorsement are allowed to use this endorsement on a domestic winery 28
premises or on the premises of a passenger vessel and may store 29
liquor at such premises under conditions established by the board 30
under the following conditions: 31
(a) Agreements between the domestic winery or the passenger 32
vessel, as the case may be, and the retail licensee shall be in 33
writing, contain no exclusivity clauses regarding the alcoholic 34
beverages to be served, and be filed with the board; and35
(b) The domestic winery or passenger vessel, as the case may be, 36
and the retail licensee shall be separately contracted and 37
compensated by the persons sponsoring the event for their respective 38
services. 39
p. 10 HB 1602
(4) The holder of this license or its manager may furnish beer or 1
wine to the licensee's employees free of charge as may be required 2
for use in connection with instruction on beer and wine. The 3
instruction may include the history, nature, values, and 4
characteristics of beer or wine, the use of wine lists, and the 5
methods of presenting, serving, storing, and handling beer or wine. 6
The beer and/or wine licensee must use the beer or wine it obtains 7
under its license for the sampling as part of the instruction. The 8
instruction must be given on the premises of the beer and/or wine 9
licensee. 10
(5) If the license is issued to a person who contracts with the 11
Washington state ferry system to provide food and alcohol service on 12
a designated ferry route, the license shall cover any vessel assigned 13
to the designated route. A separate license is required for each 14
designated ferry route. 15
(6) A domestic brewery or microbrewery that contracts with 16
another establishment to prepare, cook, and serve food to patrons of 17
the domestic brewery or microbrewery may be issued a license under 18
this section as provided in RCW 66.24.240(4) and 66.24.244(5).19
Sec. 4. RCW 66.24.400 and 2019 c 169 s 3 and 2019 c 61 s 2 are 20
each reenacted and amended to read as follows: 21
(1) There shall be a retailer's license, to be known and 22
designated as a spirits, beer, and wine restaurant license, to sell 23
spirituous liquor by the individual glass, beer, and wine, at retail, 24
for consumption on the premises, including mixed drinks and cocktails 25
compounded or mixed on the premises only. A club licensed under 26
chapter 70.62 RCW with overnight sleeping accommodations, that is 27
licensed under this section may sell liquor by the bottle to 28
registered guests of the club for consumption in guest rooms, 29
hospitality rooms, or at banquets in the club. A patron of a bona 30
fide restaurant or club licensed under this section may remove from 31
the premises recorked or recapped in its original container any 32
portion of wine or sake which was purchased for consumption with a 33
meal, and registered guests who have purchased liquor from the club 34
by the bottle may remove from the premises any unused portion of such 35
liquor in its original container. Such license may be issued only to 36
bona fide restaurants and clubs, and to dining, club and buffet cars 37
on passenger trains, and to dining places on passenger boats and 38
airplanes, and to dining places at civic centers with facilities for 39
p. 11 HB 1602
sports, entertainment, and conventions, and to such other 1
establishments operated and maintained primarily for the benefit of 2
tourists, vacationers and travelers as the board shall determine are 3
qualified to have, and in the discretion of the board should have, a 4
spirits, beer, and wine restaurant license under the provisions and 5
limitations of this title. 6
(2) The board may issue an endorsement to the spirits, beer, and 7
wine restaurant license that allows the holder of a spirits, beer, 8
and wine restaurant license to sell bottled wine for off-premises 9
consumption. Spirits and beer may not be sold for off-premises 10
consumption under this section except as provided in subsection (4) 11
of this section. The annual fee for the endorsement under this 12
subsection is one hundred twenty dollars. 13
(3) The holder of a spirits, beer, and wine license or its 14
manager may furnish beer, wine, or spirituous liquor to the 15
licensee's employees free of charge as may be required for use in 16
connection with instruction on beer, wine, or spirituous liquor. The 17
instruction may include the history, nature, values, and 18
characteristics of beer, wine, or spirituous liquor, the use of wine 19
lists, and the methods of presenting, serving, storing, and handling 20
beer, wine, and spirituous liquor. The spirits, beer, and wine 21
restaurant licensee must use the beer, wine, or spirituous liquor it 22
obtains under its license for the sampling as part of the 23
instruction. The instruction must be given on the premises of the 24
spirits, beer, and wine restaurant licensee. 25
(4) The board may issue an endorsement to the spirits, beer, and 26
wine restaurant license that allows the holder of a spirits, beer, 27
and wine restaurant license to sell for off-premises consumption malt 28
liquor in kegs or other containers that are capable of holding four 29
gallons or more of liquid and are registered in accordance with RCW 30
66.28.200. Beer may also be sold under the endorsement to a purchaser 31
in a sanitary container brought to the premises by the purchaser or 32
furnished by the licensee and filled at the tap by the retailer at 33
the time of sale. The annual fee for the endorsement under this 34
subsection is one hundred twenty dollars. 35
(5)(a) The board shall create a soju endorsement to the spirits, 36
beer, and wine restaurant license that allows the holder of a 37
spirits, beer, and wine restaurant license to serve soju for on-38
premises consumption by the bottle to tables of two or more patrons 39
p. 12 HB 1602
twenty-one years of age or older. Cost of the endorsement is fifty 1
dollars. 2
(b) The holder of a soju endorsement may serve soju in bottles 3
that are three hundred seventy-five milliliters or less. Empty 4
bottles of soju must remain on the patron's table until the patron 5
has left the premises of the licensee. 6
(c) The patron of a holder of a soju endorsement may remove from 7
the premises recapped in its original container any unused portion of 8
soju that was purchased for consumption with a meal.9
(d) The board must develop additional responsible sale and 10
service of soju training curriculum related to the provisions of the 11
soju endorsement under this subsection (5) that includes but is not 12
limited to certification procedures and enforcement policies. This 13
information must be provided in both Korean and English languages to 14
licensees holding the soju endorsement. Soju endorsement holders must 15
ensure servers providing soju to patrons are trained in the soju 16
curriculum developed under this subsection (5). 17
(6) A domestic brewery or microbrewery that contracts with one or 18
more mobile food units, as defined in RCW 43.20.025, or independently 19
operated food service providers or establishments may be issued a 20
license under this section as provided in RCW 66.24.240(4) and 21
66.24.244(5).22
Sec. 5. RCW 66.24.410 and 2011 c 195 s 2 are each amended to 23
read as follows: 24
(1) "Spirituous liquor," as used in RCW 66.24.400 ((to)) through 25
66.24.450, inclusive, means "liquor" as defined in RCW 66.04.010, 26
except "wine" and "beer" sold as such. 27
(2) "Restaurant" as used in RCW 66.24.400 ((to)) through 28
66.24.450, inclusive, means an establishment provided with special 29
space and accommodations where, in consideration of payment, food, 30
without lodgings, is habitually furnished to the public, not 31
including drug stores and soda fountains: PROVIDED, That such 32
establishments shall be approved by the board and that the board 33
shall be satisfied that such establishment is maintained in a 34
substantial manner as a place for preparing, cooking , and serving of 35
complete meals or is a domestic brewery or a microbrewery that 36
subcontracts with one or more individuals or entities to satisfy food 37
service requirements, that is maintained in a substantial manner as a 38
place for preparing, cooking, and serving of complete meals, to 39
p. 13 HB 1602
prepare, cook, and serve complete meals on behalf of the domestic 1
brewery or microbrewery under the domestic brewery or microbrewery's 2
spirits, beer, and wine restaurant license . Requirements for complete 3
meals shall be determined by the board in rules adopted pursuant to 4
chapter 34.05 RCW. 5
(3) "Hotel," "clubs," "wine" and "beer" are used in RCW 66.24.400 6
((to)) through 66.24.450, inclusive, with the meaning given in 7
chapter 66.04 RCW. 8
Sec. 6. RCW 66.04.010 and 2023 c 279 s 2 are each amended to 9
read as follows: 10
In this title, unless the context otherwise requires:11
(1) "Alcohol" is that substance known as ethyl alcohol, hydrated 12
oxide of ethyl, or spirit of wine, which is commonly produced by the 13
fermentation or distillation of grain, starch, molasses, or sugar, or 14
other substances including all dilutions and mixtures of this 15
substance. The term "alcohol" does not include alcohol in the 16
possession of a manufacturer or distiller of alcohol fuel, as 17
described in RCW 66.12.130, which is intended to be denatured and 18
used as a fuel for use in motor vehicles, farm implements, and 19
machines or implements of husbandry. 20
(2) "Authorized representative" means a person who:21
(a) Is required to have a federal basic permit issued pursuant to 22
the federal alcohol administration act, 27 U.S.C. Sec. 204;23
(b) Has its business located in the United States outside of the 24
state of Washington; 25
(c) Acquires ownership of beer or wine for transportation into 26
and resale in the state of Washington; and which beer or wine is 27
produced by a brewery or winery in the United States outside of the 28
state of Washington; and 29
(d) Is appointed by the brewery or winery referenced in (c) of 30
this subsection as its authorized representative for marketing and 31
selling its products within the United States in accordance with a 32
written agreement between the authorized representative and such 33
brewery or winery pursuant to this title. 34
(3) "Beer" means any malt beverage, flavored malt beverage, or 35
malt liquor as these terms are defined in this chapter.36
(4) "Beer distributor" means a person who buys beer from a 37
domestic brewery, microbrewery, beer certificate of approval holder, 38
or beer importers, or who acquires foreign produced beer from a 39
p. 14 HB 1602
source outside of the United States, for the purpose of selling the 1
same pursuant to this title, or who represents such brewer or brewery 2
as agent. 3
(5) "Beer importer" means a person or business within Washington 4
who purchases beer from a beer certificate of approval holder or who 5
acquires foreign produced beer from a source outside of the United 6
States for the purpose of selling the same pursuant to this title.7
(6) "Board" means the liquor and cannabis board, constituted 8
under this title. 9
(7) "Brewer" or "brewery" means any person engaged in the 10
business of manufacturing beer and malt liquor. Brewer includes a 11
brand owner of malt beverages who holds a brewer's notice with the 12
federal bureau of alcohol, tobacco, and firearms at a location 13
outside the state and whose malt beverage is contract-produced by a 14
licensed in-state brewery, and who may exercise within the state, 15
under a domestic brewery license, only the privileges of storing, 16
selling to licensed beer distributors, and exporting beer from the 17
state. 18
(8) "Club" means an organization of persons, incorporated or 19
unincorporated, operated solely for fraternal, benevolent, 20
educational, athletic, or social purposes, and not for pecuniary 21
gain. 22
(9) "Confection" means a preparation of sugar, honey, or other 23
natural or artificial sweeteners in combination with chocolate, 24
fruits, nuts, dairy products, or flavorings, in the form of bars, 25
drops, or pieces. 26
(10) "Consume" includes the putting of liquor to any use, whether 27
by drinking or otherwise. 28
(11) "Contract liquor store" means a business that sells liquor 29
on behalf of the board through a contract with a contract liquor 30
store manager. 31
(12) "Craft distillery" means a distillery that pays the reduced 32
licensing fee under RCW 66.24.140. 33
(13) "Delivery" means the transportation of alcohol to an 34
individual located within Washington state from a licensed location 35
holding an alcohol delivery endorsement as part of a delivery order. 36
"Delivery" does not include services provided by common carriers.37
(14) "Dentist" means a practitioner of dentistry duly and 38
regularly licensed and engaged in the practice of his or her 39
profession within the state pursuant to chapter 18.32 RCW.40
p. 15 HB 1602
(15) "Distiller" means a person engaged in the business of 1
distilling spirits. 2
(16) "Domestic brewery" means a place where beer and malt liquor 3
are manufactured or produced by a brewer within the state.4
(17) "Domestic winery" means a place where wines are manufactured 5
or produced within the state of Washington. 6
(18) "Drug store" means a place whose principal business is, the 7
sale of drugs, medicines, and pharmaceutical preparations and 8
maintains a regular prescription department and employs a registered 9
pharmacist during all hours the drug store is open.10
(19) "Druggist" means any person who holds a valid certificate 11
and is a registered pharmacist and is duly and regularly engaged in 12
carrying on the business of pharmaceutical chemistry pursuant to 13
chapter 18.64 RCW. 14
(20) "Employee" means any person employed by the board.15
(21) "Flavored malt beverage" means: 16
(a) A malt beverage containing six percent or less alcohol by 17
volume to which flavoring or other added nonbeverage ingredients are 18
added that contain distilled spirits of not more than forty -nine 19
percent of the beverage's overall alcohol content; or20
(b) A malt beverage containing more than six percent alcohol by 21
volume to which flavoring or other added nonbeverage ingredients are 22
added that contain distilled spirits of not more than one and 23
one-half percent of the beverage's overall alcohol content.24
(22) "Fund" means 'liquor revolving fund.' 25
(23) "Hotel" means buildings, structures, and grounds, having 26
facilities for preparing, cooking, and serving food, that are kept, 27
used, maintained, advertised, or held out to the public to be a place 28
where food is served and sleeping accommodations are offered for pay 29
to transient guests, in which twenty or more rooms are used for the 30
sleeping accommodation of such transient guests. The buildings, 31
structures, and grounds must be located on adjacent property either 32
owned or leased by the same person or persons. 33
(24) "Importer" means a person who buys distilled spirits from a 34
distillery outside the state of Washington and imports such 35
spirituous liquor into the state for sale to the board or for export.36
(25) "Imprisonment" means confinement in the county jail.37
(26) "Liquor" includes the four varieties of liquor herein 38
defined (alcohol, spirits, wine, and beer), and all fermented, 39
spirituous, vinous, or malt liquor, or combinations thereof, and 40
p. 16 HB 1602
mixed liquor, a part of which is fermented, spirituous, vinous or 1
malt liquor, or otherwise intoxicating; and every liquid or solid or 2
semisolid or other substance, patented or not, containing alcohol, 3
spirits, wine, or beer, and all drinks or drinkable liquids and all 4
preparations or mixtures capable of human consumption, and any 5
liquid, semisolid, solid, or other substance, which contains more 6
than one percent of alcohol by weight shall be conclusively deemed to 7
be intoxicating. Liquor does not include confections or food products 8
that contain one percent or less of alcohol by weight.9
(27) "Malt beverage" or "malt liquor" means any beverage such as 10
beer, ale, lager beer, stout, and porter obtained by the alcoholic 11
fermentation of an infusion or decoction of pure hops, or pure 12
extract of hops and pure barley malt or other wholesome grain or 13
cereal in pure water containing not more than eight percent of 14
alcohol by weight, and not less than one-half of one percent of 15
alcohol by volume. For the purposes of this title, any such beverage 16
containing more than eight percent of alcohol by weight shall be 17
referred to as "strong beer." 18
(28) "Manufacturer" means a person engaged in the preparation of 19
liquor for sale, in any form whatsoever. 20
(29) "Nightclub" means an establishment that provides 21
entertainment and has as its primary source of revenue (a) the sale 22
of alcohol for consumption on the premises, (b) cover charges, or (c) 23
both. 24
(30) "Package" means any container or receptacle used for holding 25
liquor. 26
(31) "Passenger vessel" means any boat, ship, vessel, barge, or 27
other floating craft of any kind carrying passengers for 28
compensation. 29
(32) "Permit" means a permit for the purchase of liquor under 30
this title. 31
(33) "Person" means an individual, copartnership, association, or 32
corporation. 33
(34) "Physician" means a medical practitioner duly and regularly 34
licensed and engaged in the practice of his or her profession within 35
the state pursuant to chapter 18.71 RCW. 36
(35) "Powdered alcohol" means any powder or crystalline substance 37
containing alcohol that is produced for direct use or reconstitution.38
p. 17 HB 1602
(36) "Prescription" means a memorandum signed by a physician and 1
given by him or her to a patient for the obtaining of liquor pursuant 2
to this title for medicinal purposes. 3
(37) "Public place" includes streets and alleys of incorporated 4
cities and towns; state or county or township highways or roads; 5
buildings and grounds used for school purposes; public dance halls 6
and grounds adjacent thereto; those parts of establishments where 7
beer may be sold under this title, soft drink establishments, public 8
buildings, public meeting halls, lobbies, halls and dining rooms of 9
hotels, restaurants, theaters, stores, garages and filling stations 10
which are open to and are generally used by the public and to which 11
the public is permitted to have unrestricted access; railroad trains, 12
stages, and other public conveyances of all kinds and character, and 13
the depots and waiting rooms used in conjunction therewith which are 14
open to unrestricted use and access by the public; publicly owned 15
bathing beaches, parks, and/or playgrounds; and all other places of 16
like or similar nature to which the general public has unrestricted 17
right of access, and which are generally used by the public.18
(38) "Regulations" means regulations made by the board under the 19
powers conferred by this title. 20
(39) "Restaurant" means any establishment provided with special 21
space and accommodations where, in consideration of payment, food, 22
without lodgings, is habitually furnished to the public, not 23
including drug stores and soda fountains , but including domestic 24
breweries and microbreweries who contract with another establishment 25
to provide food service in accordance with RCW 66.24.240(4) and 26
66.24.244(5). 27
(40) "Sale" and "sell" include exchange, barter, and traffic; and 28
also include the selling or supplying or distributing, by any means 29
whatsoever, of liquor, or of any liquid known or described as beer or 30
by any name whatever commonly used to describe malt or brewed liquor 31
or of wine, by any person to any person; and also include a sale or 32
selling within the state to a foreign consignee or his or her agent 33
in the state. "Sale" and "sell" shall not include the giving, at no 34
charge, of a reasonable amount of liquor by a person not licensed by 35
the board to a person not licensed by the board, for personal use 36
only. "Sale" and "sell" also does not include a raffle authorized 37
under RCW 9.46.0315: PROVIDED, That the nonprofit organization 38
conducting the raffle has obtained the appropriate permit from the 39
board. 40
p. 18 HB 1602
(41) "Service bar" means a fixed or portable table, counter, 1
cart, or similar workstation primarily used to prepare, mix, serve, 2
and sell alcohol that is picked up by employees or customers. 3
Customers may not be seated or allowed to consume food or alcohol at 4
a service bar. 5
(42) "Soda fountain" means a place especially equipped with 6
apparatus for the purpose of dispensing soft drinks, whether mixed or 7
otherwise. 8
(43) "Soju" means a traditional Korean distilled alcoholic 9
beverage, produced using authentic Korean recipes and production 10
methods, and derived from agricultural products, that contains not 11
more than twenty-four percent of alcohol by volume.12
(44) "Spirits" means any beverage which contains alcohol obtained 13
by distillation, except flavored malt beverages, but including wines 14
exceeding twenty-four percent of alcohol by volume.15
(45) "Store" means a state liquor store established under this 16
title. 17
(46) "Tavern" means any establishment with special space and 18
accommodation for sale by the glass and for consumption on the 19
premises, of beer, as herein defined. 20
(47) "VIP airport lounge" means an establishment within an 21
international airport located beyond security checkpoints that 22
provides a special space to sit, relax, read, work, and enjoy 23
beverages where access is controlled by the VIP airport lounge 24
operator and is generally limited to the following classifications of 25
persons: 26
(a) Airline passengers of any age whose admission is based on a 27
first-class, executive, or business class ticket; 28
(b) Airline passengers of any age who are qualified members or 29
allowed guests of certain frequent flyer or other loyalty incentive 30
programs maintained by airlines that have agreements describing the 31
conditions for access to the VIP airport lounge; 32
(c) Airline passengers of any age who are qualified members or 33
allowed guests of certain enhanced amenities programs maintained by 34
companies that have agreements describing the conditions for access 35
to the VIP airport lounge; 36
(d) Airport and airline employees, government officials, foreign 37
dignitaries, and other attendees of functions held by the airport 38
authority or airlines related to the promotion of business objectives 39
such as increasing international air traffic and enhancing foreign 40
p. 19 HB 1602
trade where access to the VIP airport lounge will be controlled by 1
the VIP airport lounge operator; and 2
(e) Airline passengers of any age or airline employees whose 3
admission is based on a pass issued or permission given by the 4
airline for access to the VIP airport lounge. 5
(48) "VIP airport lounge operator" means an airline, port 6
district, or other entity operating a VIP airport lounge that: Is 7
accountable for compliance with the alcohol beverage control act 8
under this title; holds the license under chapter 66.24 RCW issued to 9
the VIP airport lounge; and provides a point of contact for 10
addressing any licensing and enforcement by the board.11
(49)(a) "Wine" means any alcoholic beverage obtained by 12
fermentation of fruits (grapes, berries, apples, et cetera) or other 13
agricultural product containing sugar, to which any saccharine 14
substances may have been added before, during or after fermentation, 15
and containing not more than twenty-four percent of alcohol by 16
volume, including sweet wines fortified with wine spirits, such as 17
port, sherry, muscatel, and angelica, not exceeding twenty-four 18
percent of alcohol by volume and not less than one-half of one 19
percent of alcohol by volume. For purposes of this title, any 20
beverage containing no more than fourteen percent of alcohol by 21
volume when bottled or packaged by the manufacturer shall be referred 22
to as "table wine," and any beverage containing alcohol in an amount 23
more than fourteen percent by volume when bottled or packaged by the 24
manufacturer shall be referred to as "fortified wine." However, 25
"fortified wine" shall not include: (i) Wines that are both sealed or 26
capped by cork closure and aged two years or more; and (ii) wines 27
that contain more than fourteen percent alcohol by volume solely as a 28
result of the natural fermentation process and that have not been 29
produced with the addition of wine spirits, brandy, or alcohol.30
(b) This subsection shall not be interpreted to require that any 31
wine be labeled with the designation "table wine" or "fortified 32
wine." 33
(50) "Wine distributor" means a person who buys wine from a 34
domestic winery, wine certificate of approval holder, or wine 35
importer, or who acquires foreign produced wine from a source outside 36
of the United States, for the purpose of selling the same not in 37
violation of this title, or who represents such vintner or winery as 38
agent. 39
p. 20 HB 1602
(51) "Wine importer" means a person or business within Washington 1
who purchases wine from a wine certificate of approval holder or who 2
acquires foreign produced wine from a source outside of the United 3
States for the purpose of selling the same pursuant to this title.4
(52) "Winery" means a business conducted by any person for the 5
manufacture of wine for sale, other than a domestic winery.6
--- END ---
p. 21 HB 1602