(1) Beer and/or wine distributors.
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Terms Used In Washington Code 66.28.180

  • Beer: means any malt beverage, flavored malt beverage, or malt liquor as these terms are defined in this chapter. See Washington Code 66.04.010
  • Beer distributor: means a person who buys beer from a domestic brewery, microbrewery, beer certificate of approval holder, or beer importers, or who acquires foreign produced beer from a source outside of the United States, for the purpose of selling the same pursuant to this title, or who represents such brewer or brewery as agent. See Washington Code 66.04.010
  • Board: means the liquor and cannabis board, constituted under this title. See Washington Code 66.04.010
  • brewery: means any person engaged in the business of manufacturing beer and malt liquor. See Washington Code 66.04.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Delivery: means the transportation of alcohol to an individual located within Washington state from a licensed location holding an alcohol delivery endorsement as part of a delivery order. See Washington Code 66.04.010
  • Domestic brewery: means a place where beer and malt liquor are manufactured or produced by a brewer within the state. See Washington Code 66.04.010
  • Employee: means any person employed by the board. See Washington Code 66.04.010
  • Importer: means a person who buys distilled spirits from a distillery outside the state of Washington and imports such spirituous liquor into the state for sale to the board or for export. See Washington Code 66.04.010
  • Liquor: includes the four varieties of liquor herein defined (alcohol, spirits, wine, and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. See Washington Code 66.04.010
  • Package: means any container or receptacle used for holding liquor. See Washington Code 66.04.010
  • Permit: means a permit for the purchase of liquor under this title. See Washington Code 66.04.010
  • Regulations: means regulations made by the board under the powers conferred by this title. See Washington Code 66.04.010
  • sell: include exchange, barter, and traffic; and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his or her agent in the state. See Washington Code 66.04.010
  • Store: means a state liquor store established under this title. See Washington Code 66.04.010
  • Wine: means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than twenty-four percent of alcohol by volume, including sweet wines fortified with wine spirits, such as port, sherry, muscatel, and angelica, not exceeding twenty-four percent of alcohol by volume and not less than one-half of one percent of alcohol by volume. See Washington Code 66.04.010
(a) Every beer distributor must maintain at its liquor-licensed location a price list showing the wholesale prices at which any and all brands of beer sold by the distributor are sold to retailers within the state.
(b) Each price list must set forth:
(i) All brands, types, packages, and containers of beer offered for sale by the distributor; and
(ii) The wholesale prices thereof to retail licensees, including allowances, if any, for returned empty containers.
(c) No beer distributor may sell or offer to sell any package or container of beer to any retail licensee at a price differing from the price for such package or container as shown in the price list, according to rules adopted by the board.
(d) Quantity discounts of sales prices of beer are prohibited. No distributor’s sale price of beer may be below the distributor’s acquisition cost.
(e) Distributor prices below acquisition cost on a “close-out” item are allowed if the item to be discontinued has been listed for a period of at least six months, and upon the further condition that the distributor who offers such a close-out price may not restock the item for a period of one year following the first effective date of such close-out price.
(f) Any beer distributor may sell beer at the distributor’s listed prices to any annual or special occasion retail licensee upon presentation to the distributor at the time of purchase or delivery of an original or facsimile license or a special permit issued by the board to such licensee.
(g) Every annual or special occasion retail licensee, upon purchasing any beer from a distributor, must immediately cause such beer to be delivered to the licensed premises, and the licensee may not thereafter permit such beer to be disposed of in any manner except as authorized by the license.
(h) Beer sold as provided in this section must be delivered by the distributor or an authorized employee either to the retailer’s licensed premises or directly to the retailer at the distributor’s licensed premises. When a brewery, microbrewery, or certificate of approval holder with a direct shipping endorsement is acting as a distributor of beer of its own production, a licensed retailer may contract with a common carrier to obtain the beer directly from the brewery, microbrewery, or certificate of approval holder with a direct shipping endorsement. A distributor’s prices to retail licensees for beer must be the same at both such places of delivery. Wine sold to retailers must be delivered to the retailer’s licensed premises, to a location specified by the retailer and approved for deliveries by the board, or to a carrier engaged by either party to the transaction.
(2) Beer suppliers’ contracts and memoranda.
(a) Every domestic brewery, microbrewery, certificate of approval holder, and beer and/or wine importer offering beer for sale to distributors within the state and any beer distributor who sells to other beer distributors must maintain at its liquor-licensed location a beer price list and a copy of every written contract and a memorandum of every oral agreement which such brewery may have with any beer distributor for the supply of beer, which contracts or memoranda must contain:
(i) All advertising, sales and trade allowances, and incentive programs; and
(ii) All commissions, bonuses or gifts, and any and all other discounts or allowances.
(b) Whenever changed or modified, such revised contracts or memoranda must also be maintained at its liquor licensed location.
(c) Each price list must set forth all brands, types, packages, and containers of beer offered for sale by such supplier.
(d) Prices of a domestic brewery, microbrewery, or certificate of approval holder for beer must be uniform prices to all distributors or retailers on a statewide basis less bona fide allowances for freight differentials. Quantity discounts of suppliers’ prices for beer are prohibited. No price may be below the supplier’s acquisition or production cost.
(e) A domestic brewery, microbrewery, certificate of approval holder, importer, or distributor acting as a supplier to another distributor must file with the board a list of all distributor licensees of the board to which it sells or offers to sell beer.
(f) No domestic brewery, microbrewery, or certificate of approval holder may sell or offer to sell any package or container of beer to any distributor at a price differing from the price list for such package or container as shown in the price list of the domestic brewery, microbrewery, or certificate of approval holder and then in effect, according to rules adopted by the board.
(3) In selling wine to another retailer, to the extent consistent with the purposes of chapter 2, Laws of 2012, a grocery store licensee with a reseller endorsement must comply with all provisions of and regulations under this title applicable to wholesale distributors selling wine to retailers.
(4) With respect to any alleged violation of this title by sale of wine at a discounted price, all defenses under applicable trade regulation laws are available including, without limitation, good faith meeting of a competitor’s lawful price and absence of harm to competition.
[ 2012 c 2 § 121 (Initiative Measure No. 1183, approved November 8, 2011); 2009 c 506 § 10; 2006 c 302 § 10; (2006 c 302 § 9 expired July 1, 2006); 2005 c 274 § 327. Prior: 2004 c 269 § 1; 2004 c 160 § 18; 1997 c 321 § 51; 1995 c 232 § 10; 1985 c 226 § 4.]

NOTES:

Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.
Effective date—2006 c 302 §§ 10 and 12: “Sections 10 and 12 of this act take effect July 1, 2006.” [ 2006 c 302 § 15.]
Expiration date—2006 c 302 §§ 9 and 11: “Sections 9 and 11 of this act expire July 1, 2006.” [ 2007 c 9 § 1; 2006 c 302 § 14.]
Effective date—2004 c 269: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2004].” [ 2004 c 269 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
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