Washington Code 66.28.030 – Responsibility of breweries, microbreweries, wineries, certificate of approval holders, and importers for conduct of distributors — Penalties
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Every domestic distillery, brewery, and microbrewery, domestic winery, certificate of approval holder, licensed spirits importer, licensed wine importer, and licensed beer importer is responsible for the conduct of any licensed spirits, beer, or wine distributor in selling, or contracting to sell, to retail licensees, spirits, beer, or wine manufactured by such domestic distillery, brewery, microbrewery, domestic winery, manufacturer holding a certificate of approval, sold by an authorized representative holding a certificate of approval, or imported by such spirits, beer, or wine importer. Where the board finds that any licensed spirits, beer, or wine distributor has violated any of the provisions of this title or of the regulations of the board in selling or contracting to sell spirits, beer, or wine to retail licensees, the board may, in addition to any punishment inflicted or imposed upon such distributor, prohibit the sale of the brand or brands of spirits, beer, or wine involved in such violation to any or all retail licensees within the trade territory usually served by such distributor for such period of time as the board may fix, irrespective of whether the distiller manufacturing such spirits or the spirits importer importing such spirits, brewer manufacturing such beer or the beer importer importing such beer, or the domestic winery manufacturing such wine or the wine importer importing such wine or the certificate of approval holder manufacturing such spirits, beer, or wine or acting as authorized representative actually participated in such violation.
[ 2016 c 235 § 13; 2012 c 2 § 113 (Initiative Measure No. 1183, approved November 8, 2011); 2004 c 160 § 10; 1997 c 321 § 47; 1975 1st ex.s. c 173 § 8; 1969 ex.s. c 21 § 6; 1939 c 172 § 8 (adding new section 27-D to 1933 ex.s. c 62); RRS § 7306-27D.]
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—2004 c 160: See note following RCW 66.04.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Severability—Effective date—1975 1st ex.s. c 173: See notes following RCW 66.08.050.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
Terms Used In Washington Code 66.28.030
- Authorized representative: means a person who:
Washington Code 66.04.010Beer: 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 importer: means a person or business within Washington who purchases beer from a beer certificate of approval holder 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. 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 Distiller: means a person engaged in the business of distilling spirits. See Washington Code 66.04.010 Domestic winery: means a place where wines are manufactured or produced within the state of Washington. 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 Manufacturer: means a person engaged in the preparation of liquor for sale, in any form whatsoever. 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 Spirits: means any beverage which contains alcohol obtained by distillation, except flavored malt beverages, but including wines exceeding twenty-four percent of alcohol by volume. See Washington Code 66.04.010 Spirits importer: means a person who buys distilled spirits from a distiller outside the state of Washington and imports such spirits into the state for sale or export. See Washington Code 66.04.021 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 Wine distributor: means a person who buys wine from a domestic winery, wine certificate of approval holder, or wine importer, or who acquires foreign produced wine from a source outside of the United States, for the purpose of selling the same not in violation of this title, or who represents such vintner or winery as agent. See Washington Code 66.04.010 Wine importer: means a person or business within Washington who purchases wine from a wine certificate of approval holder or who acquires foreign produced wine from a source outside of the United States for the purpose of selling the same pursuant to this title. See Washington Code 66.04.010 Winery: means a business conducted by any person for the manufacture of wine for sale, other than a domestic winery. See Washington Code 66.04.010