Wash. Admin. Code § 314-03-505 - Endorsement for sale of premixed cocktails, wine by the glass, premixed wine and spirits cocktails, or premixed wine drinks through takeout or delivery service
(1) An
endorsement is available for the sale of premixed cocktails, wine by the glass,
pre-mixed wine and spirits cocktails, or premixed wine drinks through takeout
and delivery service as set forth in RCW 66.24.710. There is no fee for a
licensee to apply for and obtain this endorsement.
(2) As set forth in RCW 66.24.710:
(a) An endorsement is available to spirits,
beer, and wine restaurants to sell premixed cocktails, wine by the glass, or
premixed wine and spirits cocktails through takeout or delivery service. This
endorsement does not authorize the sale of full bottles of spirits for
off-premises consumption.
(b) An
endorsement is also available to beer and wine restaurant licensees to sell
wine or premixed wine drinks by the glass through takeout or delivery
service.
(3) This
endorsement is separate from the endorsements in WAC 314-03-500 and 314-03-510 that authorize the sale through takeout or delivery service of manufacturer
sealed alcohol products at retail, or growlers.
(4) In order to obtain and maintain the
endorsement described in this section, licensees must meet the following
requirements:
(a)
(i) For spirits, beer, and wine restaurants,
food that qualifies as a complete meal under WAC 314-02-010 must be sold with
the premixed cocktails, wine by the glass, or premixed wine and spirits
cocktails authorized for sale through takeout or delivery service under this
endorsement, as set forth in RCW 66.24.710.
(ii) Spirits, beer, and wine restaurants can
sell up to three ounces of spirits per complete meal.
(iii) For beer and wine restaurants, a food
item that qualifies as minimum food service under WAC 314-02-010 must be sold
with the wine or premixed wine drinks by the glass authorized for sale through
takeout or delivery service under this endorsement, as set forth in RCW
66.24.710.
(b) The
alcohol products authorized for sale through takeout or delivery service under
this endorsement must be prepared the same day they are sold.
(c) The alcohol products authorized for sale
through takeout or delivery service under this endorsement must be packaged in
a container that has been sealed in a manner designed to prevent consumption
without removal of the tamper-evident lid, cap, or seal, as set forth in RCW
66.24.710. For the purposes of this subsection, "tamper-evident" means a lid,
cap, or seal that visibly demonstrates when a container has been opened. Tape
is not a tamper-evident seal. The following list of examples is not
comprehensive and is not intended to capture all of the possible types of
allowed or disallowed containers:
(i) Examples
of containers that are allowed:
(A) Containers
with a screw top cap or lid that breaks apart when the container is
opened.
(B) Containers with a
plastic heat shrink wrap band, strip, or sleeve extending around the cap or lid
to form a seal that must be broken when the container is opened.
(C) Vacuum or heat-sealed pouches without
holes or openings for straws.
(ii) Examples of containers that are not
allowed:
(A) Containers with lids with sipping
holes or openings for straws.
(B)
Containers such as styrofoam, paper, or plastic cups that lack a tamper-evident
lid, cap, or seal.
(d) The containers that the alcohol products
authorized for sale under this endorsement are packaged in must be clearly
marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in a size
and manner that is legible and readily visible. If a container of alcohol
authorized for sale under this endorsement is enclosed inside a bag, box, or
other packaging before it is provided to the customer through takeout or
delivery service, the exterior of the bag, box, or other packaging must be
clearly marked or labeled with the words "CONTAINS ALCOHOL, FOR PERSONS 21+" in
a size and manner that is legible and readily visible.
(e) To deter public consumption or
consumption in a vehicle of premixed cocktails, wine by the glass, premixed
wine and spirits cocktails, and premixed wine drinks sold through takeout or
delivery service, licensees may not put ice directly into the containers that
the alcohol products authorized for sale under this endorsement are packaged
in, except for frozen or blended drinks. Ice may be provided separately along
with the takeout or delivery order.
(f) The premixed cocktails, wine by the
glass, premixed wine and spirits cocktails, and premixed wine drinks authorized
for sale through takeout or delivery service under this endorsement must be
placed in the trunk of the vehicle or beyond the immediate reach of the driver
or any passengers in compliance with open container requirements in RCW
46.61.519 before being transported off the licensee's premises.
(g) If the premixed cocktails, wine by the
glass, premixed wine and spirits cocktails, and premixed wine drinks authorized
for sale under this endorsement are sold through delivery service:
(i) Licensees must comply with the
requirements in the consumer orders, internet sales, and delivery rules in this
title, except to the extent that those rules prohibit the sale of nonfactory
sealed containers. For these requirements, see WAC 314-03-020 through
314-03-040.
(ii) As set forth in
RCW 66.24.710, delivery must be made by an employee of the licensed business
who is at least 21 years of age and holds a class 12 mandatory alcohol server
training (MAST) permit under chapter 314-17 WAC. Delivery may not be made by
third-party service providers.
(iii) At the time of delivery, the employee
making the delivery must verify that the person receiving the delivery is at
least 21 years of age using an acceptable form of identification in WAC
314-11-025. See RCW 66.44.270.
(iv)
As set forth in RCW 66.24.710, upon delivery of the alcohol product, the
signature of the person age 21 or over receiving the delivery must be obtained.
Delivery sales records must meet the requirements in the consumer orders,
internet sales, and delivery rules. For general record retention requirements,
see WAC 314-11-095.
(v) If no
person age 21 or over is present to accept the alcohol product at the time of
delivery, the alcohol product must be returned to the licensee. An alcohol
product may not be left unattended at a delivery location.
(vi) Delivery of an alcohol product may not
be made to any person who shows signs of intoxication. See RCW
66.44.200.
(h)
(i) In addition to the signs required by WAC
314-11-060, signs provided electronically by the board regarding public
consumption and transportation of any alcohol products sold through takeout or
delivery service must be posted in plain view at:
(A) The main entrance to the area of the
premises where alcohol products are sold; and
(B) The areas of the premises where alcohol
products are picked up for takeout or delivery service.
(ii) The signs will be designed to remind
customers purchasing alcohol products through takeout or delivery service that
they must comply with applicable laws and rules including, but not limited to,
restrictions on consuming alcohol in public in RCW 66.44.100 and restrictions
on drinking or having an open container in a vehicle in RCW
46.61.519.
(5)
In addition to the requirements listed in this section, licensees must comply
with all applicable requirements in Title 66 RCW, Title 314 WAC, and any other
applicable laws and rules including, but not limited to, restrictions on sales
to minors and intoxicated persons in chapter 66.44 RCW and WAC
314-16-150.
(6) The definitions in
this subsection apply throughout this section unless the context clearly
requires otherwise.
(a) "Alcohol product" or
"alcoholic beverage" means liquor as defined in RCW 66.04.010.
(b) "Premixed cocktail" means a drink made by
combining spirits with other alcoholic or nonalcoholic beverages and
ingredients including, but not limited to, fruit juice, carbonated beverages,
flavorings, or cream.
(c) "Premixed
wine and spirits cocktail" means a drink made by combining wine and spirits
with other alcoholic or nonalcoholic beverages and ingredients including, but
not limited to, fruit juice, carbonated beverages, flavorings, or
cream.
(d) "Premixed wine drink"
means a drink made by combining wine with nonalcoholic beverages and
ingredients including, but not limited to, fruit juice, carbonated beverages,
flavorings, or cream. A pre-mixed wine drink may not include alcoholic
beverages other than wine.
(e)
"Spirits" has the same meaning as defined in RCW 66.04.010.
(f) "Wine" has the same meaning as defined in
RCW 66.04.010.
(7) The
delivery service endorsement described in this section expires July 1, 2025, as
set forth in RCW 66.24.710.
Notes
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