title: RCW 66.28.270

text:
(1) Nothing in this chapter prohibits the use of checks, credit or debit cards, prepaid accounts, electronic funds transfers, and other similar methods as approved by the board, as cash payments for purposes of this title. Electronic funds transfers must be: (a) Voluntary; (b) conducted pursuant to a prior written agreement of the parties that includes a provision that the purchase be initiated by an irrevocable invoice or sale order before the time of delivery; (c) initiated by the retailer, manufacturer, importer, or distributor no later than the first business day following delivery; and (d) completed as promptly as is reasonably practical, and in no event later than five business days following delivery.
(2) Any person licensed as a distributor of beer, spirits, and/or wine may pass credit card fees on to a purchaser licensed to sell beer, spirits, and/or wine for consumption on the licensed premises, if the decision to use a credit card is entirely voluntary and the credit card fees are set out as a separate line item on the distributor's invoice. Nothing in this section requires the use of a credit card by any licensee. In establishing the fees to be passed on as authorized in this section a distributor must use the same method of determining or calculating such fees for all customers who elect to use a credit card when accepting delivery of beer, spirits and/or wine. The aggregate of all credit card fees passed on to customers by a distributor as authorized under this section during a calendar month, or such longer time as may be established by the board, may not exceed the aggregate of the fees imposed on that distributor by credit card issuers during that same time period.
[ 2017 c 190 s 1; 2009 c 373 s 11.]

catchline: Cash payments—Electronic funds transfers.


doc_type: statute

jurisdiction: wa

title: RCW 66.28.280

text:
The legislature recognizes that the historical total prohibition on ownership of an interest in one tier by a person with an ownership interest in another tier, as well as the historical restriction on financial incentives and business relationships between tiers, is unduly restrictive. The legislature finds the provisions of RCW 66.28.285 through 66.28.320 appropriate for all varieties of liquor, because they do not impermissibly interfere with protecting the public interest and advancing public safety by preventing the use and consumption of alcohol by minors and other abusive consumption, and promoting the efficient collection of taxes by the state.
[ 2012 c 2 s 124 (Initiative Measure No. 1183, approved November 8, 2011); 2009 c 506 s 1.]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Finding.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 66.28.285

text:
The definitions in this section apply throughout RCW 66.28.280 through 66.28.315 unless the context clearly requires otherwise.
(1) "Adverse impact on public health and safety" means that an existing or proposed practice or occurrence has resulted or is more likely than not to result in alcohol being made significantly more attractive or available to minors than would otherwise be the case or has resulted or is more likely than not to result in overconsumption, consumption by minors, or other harmful or abusive forms of consumption.
(2) "Affiliate" means any one of two or more persons if one of those persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other person or persons and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise.
(3) "Industry member" means a licensed manufacturer, producer, supplier, importer, wholesaler, distributor, authorized representative, certificate of approval holder, warehouse, and any affiliates, subsidiaries, officers, directors, partners, agents, employees, and representatives of any industry member. "Industry member" does not include the board or any of the board's employees.
(4) "Person" means any individual, partnership, joint stock company, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and includes any officer or employee of a retailer or industry member.
(5) "Retailer" means the holder of a license issued by the board to allow for the sale of alcoholic beverages to consumers for consumption on or off premises and any of the retailer's agents, officers, directors, shareholders, partners, or employees. "Retailer" does not include the board or any of the board's employees.
(6) "Undue influence" means one retailer or industry member directly or indirectly influencing the purchasing, marketing, or sales decisions of another retailer or industry member by any agreement written or unwritten or any other business practices or arrangements such as but not limited to the following:
(a) Any form of coercion between industry members and retailers or between retailers and industry members through acts or threats of physical or economic harm, including threat of loss of supply or threat of curtailment of purchase;
(b) A retailer on an involuntary basis purchasing less than it would have of another industry member's product;
(c) Purchases made by a retailer or industry member as a prerequisite for purchase of other items;
(d) A retailer purchasing a specific or minimum quantity or type of a product or products from an industry member;
(e) An industry member requiring a retailer to take and dispose of a certain product type or quota of the industry member's products;
(f) A retailer having a continuing obligation to purchase or otherwise promote or display an industry member's product;
(g) An industry member having a continuing obligation to sell a product to a retailer;
(h) A retailer having a commitment not to terminate its relationship with an industry member with respect to purchase of the industry member's products or an industry member having a commitment not to terminate its relationship with a retailer with respect to the sale of a particular product or products;
(i) An industry member being involved in the day-to-day operations of a retailer or a retailer being involved in the day-to-day operations of an industry member in a manner that violates the provisions of this section;
(j) Discriminatory pricing practices as prohibited by law or other practices that are discriminatory in that product is not offered to all retailers in the local market on the same terms.
[ 2009 c 506 s 2.]

catchline: Three-tier system—Definitions.


title: RCW 66.28.290

text:
(1) Notwithstanding any prohibitions and restrictions contained in this title, it shall be lawful for an industry member or affiliate to have a direct or indirect financial interest in another industry member or a retailer, and for a retailer or affiliate to have a direct or indirect financial interest in an industry member unless such interest has resulted or is more likely than not to result in undue influence over the retailer or the industry member or has resulted or is more likely than not to result in an adverse impact on public health and safety. The structure of any such financial interest must be consistent with subsection (2) of this section.
(2) Subject to subsection (1) of this section and except as provided in RCW 66.28.295:
(a) An industry member in whose name a license or certificate of approval has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed pursuant to RCW 66.24.320, 66.24.330, 66.24.350, 66.24.360, 66.24.371, 66.24.380, 66.24.395, 66.24.400, 66.24.425, 66.24.452, 66.24.495, 66.24.540, 66.24.550, 66.24.570, * 66.24.580, 66.24.590, 66.24.600, and 66.24.610, but may not have such a license issued in its name; and
(b) A retailer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed or holding a certificate of approval pursuant to RCW 66.24.140, 66.24.170, 66.24.206, 66.24.240, 66.24.244, 66.24.270(2), 66.24.200, or 66.24.250, but may not have such a license or certificate of approval issued in its name; and
(c) A supplier in whose name a license or certificate of approval has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed as a distributor or importer under this title, but such supplier may not have a license as a distributor or importer issued in its own name; and
(d) A distributor or importer in whose name a license has been issued pursuant to this title may wholly own or hold a financial interest in a separate legal entity licensed or holding a certificate of approval as a supplier under this title, but such distributor or importer may not have a license or certificate of approval as a supplier issued in its own name.
[ 2011 c 325 s 6; 2011 c 119 s 202; 2009 c 506 s 3.]
Notes:
Reviser's note: *(1) RCW 66.24.580 was repealed by 2025 c 167 s 5.
(2) This section was amended by 2011 c 119 s 202 and by 2011 c 325 s 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Three-tier system—Direct or indirect interests between industry members, affiliates, and retailers.


title: RCW 66.28.295

text:
Nothing in RCW 66.28.290 shall prohibit:
(1) A licensed domestic brewery or microbrewery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the brewery premises and at one additional off-site retail only location.
(2) A domestic winery from being licensed as a retailer pursuant to chapter 66.24 RCW for the purpose of selling beer or wine at retail on the winery premises. Such beer and wine so sold at retail shall be subject to the taxes imposed by RCW 66.24.290 and 66.24.210 and to reporting and bonding requirements as prescribed by regulations adopted by the board pursuant to chapter 34.05 RCW, and beer and wine that is not produced by the brewery or winery shall be purchased from a licensed beer or wine distributor.
(3) A microbrewery holding a beer and/or wine restaurant license under RCW 66.24.320 from holding the same privileges and endorsements attached to the beer and/or wine restaurant license.
(4) A licensed craft distillery from selling spirits of its own production under RCW 66.24.145.
(5) A licensed distiller, domestic brewery, microbrewery, domestic winery, or a lessee of a licensed domestic brewer, microbrewery, or domestic winery, from being licensed as a spirits, beer, and wine restaurant pursuant to chapter 66.24 RCW for the purpose of selling liquor at a spirits, beer, and wine restaurant premises on the property on which the primary manufacturing facility of the licensed distiller, domestic brewer, microbrewery, or domestic winery is located or on contiguous property owned or leased by the licensed distiller, domestic brewer, microbrewery, or domestic winery as prescribed by rules adopted by the board pursuant to chapter 34.05 RCW.
(6) A microbrewery holding a spirits, beer, and wine restaurant license under RCW 66.24.420 from holding the same privileges and endorsements attached to the spirits, beer, and wine restaurant license.
(7) A brewery or microbrewery holding a spirits, beer, and wine restaurant license or a beer and/or wine license under chapter 66.24 RCW operated on the premises of the brewery or microbrewery from holding a second retail only license at a location separate from the premises of the brewery or microbrewery.
(8) Retail licensees with a caterer's endorsement issued under RCW 66.24.320 or 66.24.420 from operating on a domestic winery premises.
(9) An organization qualifying under RCW 66.24.375 formed for the purpose of constructing and operating a facility to promote Washington wines from holding retail licenses on the facility property or leasing all or any portion of such facility property to a retail licensee on the facility property if the members of the board of directors or officers of the board for the organization include officers, directors, owners, or employees of a licensed domestic winery. Financing for the construction of the facility must include both public and private money.
(10) A bona fide charitable nonprofit society or association registered under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code, or a local wine industry association registered under Title 26 U.S.C. Sec. 501(c)(6) of the federal internal revenue code as it existed on July 22, 2007, and having an officer, director, owner, or employee of a licensed domestic winery or a wine certificate of approval holder on its board of directors from holding a special occasion license under RCW 66.24.380.
(11) A person licensed pursuant to RCW 66.24.170, 66.24.240, or 66.24.244 from exercising the privileges of distributing and selling at retail such person's own production or from exercising any other right or privilege that attaches to such license.
(12) A person holding a certificate of approval pursuant to RCW 66.24.206 from obtaining an endorsement to act as a distributor of their own product or from shipping their own product directly to consumers as authorized by RCW 66.20.360.
(13) A person holding a wine shipper's permit pursuant to RCW 66.20.375 from shipping their own product directly to consumers.
(14) A person holding a certificate of approval pursuant to RCW 66.24.270(2) from obtaining an endorsement to act as a distributor of their own product.
(15) A domestic winery and a restaurant licensed under RCW 66.24.320 or 66.24.400 from entering an arrangement to waive a corkage fee.
(16) A person holding a domestic brewery license, microbrewery license, domestic winery license, distiller license, craft distillery license, or manufacturer's license, from operating a premises in a facility at which a person holding a retail liquor license also operates in a separate space, which facility may be owned by any such licensee and space leased to other such licensees consistent with RCW 66.24.010(13).
[ 2026 c 196 s 2; 2011 c 66 s 2; 2009 c 506 s 4.]
Notes:
Finding—Intent—2011 c 66: "The legislature finds that some restaurants allow patrons to bring bottles of wine to the restaurant so long as restaurant personnel open and serve the beverage. In these cases, the restaurants often charge a fee known as a corkage fee. The legislature supports activities in the free market that facilitate local businesses in selling their products. One of the methods restaurants and wineries have found to be mutually beneficial is a waiver of corkage fees for local businesses. The legislature intends to allow wineries and restaurants the ability to make agreements as to whether to charge a corkage fee without restriction or regulation under the tied-house laws." [ 2011 c 66 s 1.]

catchline: Three-tier system—Direct or indirect interests—Allowed activities.


title: RCW 66.28.300

text:
Any industry member or retailer or any other person seeking a determination by the board as to whether a proposed or existing financial interest has resulted or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety may file a complaint or request for determination with the board. Upon receipt of a request or complaint the board may conduct such investigation as it deems appropriate in the circumstances. If the investigation reveals the financial interest has resulted or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety the board may issue an administrative violation notice or a notice of intent to deny the license to the industry member, to the retailer, or both. If the financial interest was acquired through a transaction that has already been consummated when the board issues its administrative violation notice, the board shall have the authority to require that the transaction be rescinded or otherwise undone. The recipient of the administrative notice of violation or notice of intent to deny the license may request a hearing under chapter 34.05 RCW.
[ 2009 c 506 s 5.]

catchline: Three-tier system—Undue influence—Determination by board.


title: RCW 66.28.305

text:
Except as provided in RCW 66.28.310, no industry member shall advance and no retailer shall receive moneys or moneys' worth under an agreement written or unwritten or by means of any other business practice or arrangement.
[ 2009 c 506 s 6.]


title: RCW 66.28.310

text:
(1)(a) Nothing in RCW 66.28.305 prohibits an industry member from providing retailers, including common carriers licensed under RCW 66.24.395, branded promotional items which are of nominal value, singly or in the aggregate. Such items include but are not limited to: Trays, lighters, blotters, postcards, pencils, coasters, menu cards, meal checks, napkins, clocks, mugs, glasses, bottles or can openers, corkscrews, matches, printed recipes, shirts, hats, visors, and other similar items. Branded promotional items:
(i) Must be used exclusively by the retailer, including common carriers licensed under RCW 66.24.395, or its employees in a manner consistent with its license;
(ii) Must bear imprinted advertising matter of the industry member only, except imprinted advertising matter of the industry member can include the logo of a professional sports team which the industry member is licensed to use;
(iii) May be provided by industry members to: (A) Common carriers licensed under RCW 66.24.395 for use by their employees or ticketed passengers; or (B) retailers, other than common carriers licensed under RCW 66.24.395, and their employees and may not be provided by or through retailers or their employees to retail customers; and
(iv) May not be targeted to or appeal principally to youth.
(b) An industry member is not obligated to provide any such branded promotional items, and a retailer, including common carriers licensed under RCW 66.24.395, may not require an industry member to provide such branded promotional items as a condition for selling any alcohol to the retailer, including common carriers licensed under RCW 66.24.395.
(c) Any industry member or retailer or any other person asserting that the provision of branded promotional items as allowed in (a) of this subsection has resulted or is more likely than not to result in undue influence or an adverse impact on public health and safety, or is otherwise inconsistent with the criteria in (a) of this subsection may file a complaint with the board. Upon receipt of a complaint the board may conduct such investigation as it deems appropriate in the circumstances. If the investigation reveals the provision of branded promotional items has resulted in or is more likely than not to result in undue influence or has resulted or is more likely than not to result in an adverse impact on public health and safety or is otherwise inconsistent with (a) of this subsection the board may issue an administrative violation notice to the industry member, to the retailer, or both. The recipient of the administrative violation notice may request a hearing under chapter 34.05 RCW.
(2) Nothing in RCW 66.28.305 prohibits:
(a) An industry member from providing to a special occasion licensee and a special occasion licensee from receiving services for:
(i) Installation of draft beer dispensing equipment or advertising;
(ii) Advertising, pouring, or dispensing of beer or wine at a beer or wine tasting exhibition or judging event; or
(iii) Pouring or dispensing of spirits by a licensed domestic distiller or the accredited representative of a distiller, manufacturer, importer, or distributor of spirituous liquor licensed under RCW 66.24.310; or
(b) Special occasion licensees from paying for beer, wine, or spirits immediately following the end of the special occasion event; or
(c) Wineries, breweries, or distilleries that are participating in a special occasion event from paying reasonable booth fees to the special occasion licensee.
(3) Nothing in RCW 66.28.305 prohibits industry members from performing, and retailers from accepting the service of building, rotating, and restocking displays and stockroom inventories; rotating and rearranging can and bottle displays of their own products; providing point of sale material and brand signs; pricing case goods of their own brands; and performing such similar business services consistent with board rules, or personal services as described in subsection (5) of this section.
(4) Nothing in RCW 66.28.305 prohibits:
(a) Industry members from listing on their internet websites information related to retailers who sell or promote their products, including direct links to the retailers' internet websites;
(b) Retailers from listing on their internet websites information related to industry members whose products those retailers sell or promote, including direct links to the industry members' websites;
(c) Manufacturers, distributors, or their licensed representatives from using websites or social media accounts in their name to post, repost, or share promotional information or images about events featuring a product of the manufacturer's own production or a product sold by the distributor, held at an on-premises licensed liquor retailer's location or a licensed special occasion event. The promotional information may include links to purchase event tickets. Manufacturers, distributors, or their licensed representatives may not pay a third party to enhance viewership of a specific post. Industry members, or their licensed representatives, are not obligated to post, repost, or share information or images on a website or on social media. A licensed liquor retailer may not require an industry member or their licensed representative to post, repost, or share information or images on a website or on social media as a condition for selling any alcohol to the retailer or participating in a retailer's event; or
(d) Industry members and retailers from producing, jointly or together with regional, state, or local industry associations, brochures and materials promoting tourism in Washington state which contain information regarding retail licensees, industry members, and their products.
(5) Nothing in RCW 66.28.305 prohibits the performance of personal services offered from time to time by a domestic winery or certificate of approval holder to retailers, including common carriers licensed under RCW 66.24.395, when the personal services are (a) conducted at a licensed premises, and (b) intended to inform, educate, or enhance customers' knowledge or experience of the manufacturer's products. The performance of personal services may include participation and pouring, bottle signing events, and other similar informational or educational activities at the premises of a retailer holding a spirits, beer, and wine restaurant license, a wine and/or beer restaurant license, a specialty wine shop license, a special occasion license, a grocery store license with a tasting endorsement, a common carrier license under RCW 66.24.395, or a private club license. A domestic winery or certificate of approval holder is not obligated to perform any such personal services, and a retail licensee, including common carrier licensees under RCW 66.24.395, may not require a domestic winery or certificate of approval holder to conduct any personal service as a condition for selling any alcohol to the retail licensee, or as a condition for including any product of the domestic winery or certificate of approval holder in any tasting conducted by the licensee. Except as provided in RCW 66.28.150, the cost of sampling may not be borne, directly or indirectly, by any domestic winery or certificate of approval holder or any distributor. Nothing in this section prohibits wineries, breweries, microbreweries, certificate of approval holders, and retail licensees from identifying the producers on private labels authorized under RCW 66.24.400, 66.24.425, 66.24.450, 66.24.360, and 66.24.371.
(6) Nothing in RCW 66.28.305 prohibits an industry member from entering into an arrangement with any holder of a sports entertainment facility license or an affiliated business for brand advertising at the licensed facility or promoting events held at the sports entertainment facility as authorized under RCW 66.24.570.
(7) Nothing in RCW 66.28.305 prohibits the performance of personal services offered from time to time by a domestic brewery, microbrewery, or beer certificate of approval holder to grocery store licensees with a tasting endorsement, or common carrier licensees under RCW 66.24.395, when the personal services are (a) conducted at a licensed premises in conjunction with a tasting event, and (b) intended to inform, educate, or enhance customers' knowledge or experience of the manufacturer's products. The performance of personal services may include participation and pouring, bottle signing events, and other similar informational or educational activities. A domestic brewery, microbrewery, or beer certificate of approval holder is not obligated to perform any such personal services, and a grocery store licensee may not require the performance of any personal service as a condition for including any product in any tasting conducted by the licensee.
(8) Nothing in RCW 66.28.305 prohibits an arrangement between a domestic winery and a restaurant licensed under RCW 66.24.320 or 66.24.400 to waive a corkage fee.
(9) Nothing in this section prohibits professional sports teams who hold a retail liquor license or their agents from accepting bona fide liquor advertising from manufacturers, importers, distributors, or their agents for use in the sporting arena. Professional sports teams who hold a retail liquor license or their agents may license the manufacturer, importer, distributor, or their agents to use the name and trademarks of the professional sports team in their advertising and promotions, under the following conditions:
(a) Such advertising must be paid for by said manufacturer, importer, distributor, or their agent at the published advertising rate or at a reasonable fair market value.
(b) Such advertising may carry with it no express or implied offer on the part of the manufacturer, importer, distributor, or their agent, or promise on the part of the retail licensee whose operation is directly or indirectly part of the sporting arena, to stock or list any particular brand of liquor to the total or partial exclusion of any other brand.
(10) Nothing in RCW 66.28.305 prohibits a licensed domestic brewery or microbrewery from providing branded promotional items which are of nominal value, singly or in the aggregate, to a nonprofit charitable corporation or association exempt from taxation under 26 U.S.C. Sec. 501(c)(3) of the internal revenue code as it existed on July 24, 2015, for use consistent with the purpose or purposes entitling it to such exemption.
(11) Nothing in RCW 66.28.305 prohibits a common carrier licensed under RCW 66.24.395 from:
(a) Transporting liquor without charge or at a discounted rate when the liquor was purchased by a ticketed passenger and is not intended to be sold for resale;
(b) Displaying or distributing information about an industry member, provided the industry member did not pay the common carrier to have the information displayed or distributed;
(c) Sponsoring any public or private event including those hosted by or otherwise affiliated with an industry member;
(d) Engaging in joint promotional activities with an industry member, provided the industry member does not pay the common carrier or a third party to participate in the joint promotional activity and any branded promotional items provided by the industry member are of nominal value;
(e) Accepting payment from an industry member for advertising, provided:
(i) The advertising appears in a publication produced and distributed to passengers of the common carrier;
(ii) The amount of the payment is consistent with the advertising rates paid by other advertisers purchasing similar advertisements in the same publication; and
(iii) The payment is not used as an inducement to purchase the products of the industry member paying for the advertising nor does it result in the exclusion of products of other industry members.
(12) Nothing in RCW 66.28.305 prohibits an industry member, subject to the requirements of its license, from entering into an agreement to provide tastings with or without charge to passengers of a common carrier holding a license under RCW 66.24.395.
(13) Nothing in RCW 66.28.305 prohibits a distillery, craft distillery, or spirits certificate of approval holder from providing branded promotional items of nominal value, singly or in the aggregate, to a nonprofit charitable corporation or association exempt from taxation under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended, as of January 1, 2021, for use consistent with the purpose or purposes entitling it to such exemption.
[ 2020 c 238 s 10; 2020 c 200 s 1; 2019 c 149 s 1; 2015 c 94 s 1; 2014 c 92 s 5; 2013 c 107 s 1. Prior: 2011 c 119 s 101; 2011 c 66 s 3; prior: 2010 c 290 s 3; 2010 c 141 s 4; 2009 c 506 s 7.]
Notes:
Reviser's note: This section was amended by 2020 c 200 s 1 and by 2020 c 238 s 10, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2020 c 238 ss 3, 5, 6, 7, and 10: See note following RCW 66.24.146.
Finding—Intent—2011 c 66: See note following RCW 66.28.295.

catchline: Three-tier system—Promotional items.


title: RCW 66.28.315

text:
All industry members and retailers shall keep and maintain the following records on their premises for a three-year period:
(1) Records of all items, services, and moneys' worth furnished to and received by a retailer and of all items, services, and moneys' worth provided to a retailer and purchased by a retailer at fair market value; and
(2) Records of all industry member financial ownership or interests in a retailer and of all retailer financial ownership interests in an industry member.
[ 2009 c 506 s 8.]

catchline: Three-tier system—Recordkeeping.


title: RCW 66.28.320

text:
The board shall adopt rules as are deemed necessary to carry out the purposes and provisions of this chapter in accordance with the administrative procedure act, chapter 34.05 RCW.
[ 2009 c 506 s 9.]

catchline: Three-tier system—Rule adoption.


title: RCW 66.28.330

text:
(1) No price for spirits sold in the state by a distributor or other licensee acting as a distributor pursuant to this title may be below acquisition cost unless the item sold below acquisition cost has been stocked by the seller for a period of at least six months. The seller may not restock the item for a period of one year following the first effective date of such below cost price.
(2) Spirits sold to retailers for resale for consumption on or off the licensed premises may 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.
(3) In selling spirits to another retailer, to the extent consistent with the purposes of chapter 2, Laws of 2012, a spirits retail licensee must comply with all provisions of and regulations under this title applicable to wholesale distributors selling spirits to retailers.
(4) A distiller holding a license or certificate of compliance as a distiller under this title may act as distributor in the state of spirits of its own production or of foreign-produced spirits it is entitled to import. The distiller must, to the extent consistent with the purposes of chapter 2, Laws of 2012, comply with all provisions of and regulations under this title applicable to wholesale distributors selling spirits to retailers.
(5) With respect to any alleged violation of this title by sale of spirits 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.
(6) Notwithstanding any other provision of law, no licensee may import, purchase, distribute, or accept delivery of any wine that is produced outside of the United States or any distilled spirits without the written consent of the brand owner or its authorized agent.
[ 2012 c 2 s 120 (Initiative Measure No. 1183, approved November 8, 2011).]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

catchline: Spirits sales—Foreign wine—Distilled spirits.


title: RCW 66.28.340

text:
(1) A retailer authorized to sell wine may accept delivery of wine at its licensed premises or at one or more warehouse facilities registered with the board, which facilities may also warehouse and distribute nonliquor items, and from which it may deliver to its own licensed premises and, pursuant to sales permitted by this title, to other licensed retailers, to other registered facilities, or to lawful purchasers outside the state; such facilities may be registered and utilized by associations, cooperatives, or comparable groups of retailers including at least one retailer licensed to sell wine. A restaurant retailer authorized to sell spirits may accept delivery of spirits at its licensed premises or at one or more warehouse facilities registered with the board, which facilities may also warehouse and distribute nonliquor items, from which it may deliver to its own licensed premises and, pursuant to sales permitted by this title, to other licensed retailers, to other registered facilities, or to lawful purchasers outside the state; such facilities may be registered and utilized by associations, cooperatives, or comparable groups of retailers including at least one restaurant retailer licensed to sell spirits. Nothing in this section authorizes sales of spirits or wine by a retailer holding only an on-sale privilege to another retailer.
(2) A retailer authorized to sell both wine and spirits for consumption off the licensed premises may accept delivery of wine and spirits at its licensed premises, at another licensed premises as designated by the retailer, or at one or more warehouse facilities registered with the board, which facilities may also warehouse and distribute nonliquor items, and from which it may deliver to its own licensed premises and, pursuant to sales permitted by this title, to other licensed retailers, to other registered facilities, or to lawful purchasers outside the state. Such warehouse facilities may be registered and utilized by associations, cooperatives, or comparable groups of retailers including at least one retailer licensed to sell both spirits and wine. For purposes of negotiating volume discounts, a group of individual retailers authorized to sell both wine and spirits for consumption off the licensed premises may accept delivery of wine and spirits at a single location, which may be their individual licensed premises or at any one of the individual licensee's premises, or at a warehouse facility registered with the board.
[ 2016 c 190 s 2; 2012 c 2 s 123 (Initiative Measure No. 1183, approved November 8, 2011).]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

catchline: Retailer of wine or spirits—Wine or spirits delivery, warehouse, and distribution.


title: RCW 66.28.350

text:
(1) Subject to the procedural requirements of subsection (3) of this section, the board is authorized to regulate spirits retailers licensed under RCW 66.24.630 for the purpose of reducing the theft of spirits from the premises of such retailers. The authority of the board to implement the regulatory measures set forth in this section requires a finding by the board that a licensee is experiencing an unacceptable rate of spirits theft from its premises. For the purposes of this section, "unacceptable rate of spirits theft" means two or more thefts of spirits from a licensee in a six-month period and that result in a minor unlawfully using or gaining possession of spirits, or that involves, or results in, adults unlawfully providing spirits to minors, and where such thefts result in an incident report being generated by a law enforcement agency.
(2) The regulatory measures that may be considered and implemented under this section may require the imposition of one or more of the following requirements on licensees who are experiencing an unacceptable rate of spirits theft:
(a) Participation in one or more consultations with an authorized representative of the board to discuss and analyze spirits theft issues;
(b) The implementation of inventory control and/or other recordkeeping system designed to reveal and track spirits theft;
(c) The structural modification or relocation of the areas where spirits are displayed or stored;
(d) The installation of adequate in-store security systems;
(e) The employment of a sufficient number of staff for the purpose of monitoring display, checkout, and storage areas; and
(f) Requiring additional training for the licensee's staff.
(3) The imposition of the regulatory provisions authorized under subsection (2) of this section are subject to the following procedural steps and requirements:
(a) If a state or local law enforcement agency obtains information indicating that a licensee is experiencing an unacceptable rate of spirits theft, the law enforcement agency is granted the discretionary authority to initiate and participate in, on a voluntary basis, the procedures outlined in this subsection (3). Should the law enforcement agency opt to initiate the investigative and consultation procedures set forth in this subsection (3), the law enforcement agency must first contact the licensee's manager and/or owner to inform him or her of such alleged theft and arrange a meeting with the licensee's manager or owner to discuss theft issues and possible solutions. This first contact by the law enforcement agency with the licensee must occur prior to the law enforcement agency informing the board of the alleged theft issues and thus initiating the procedures set forth in (c) through (h) of this subsection. At this early stage of the law enforcement consultation process, the board may not be involved in the investigation of the theft allegation until such time as the law enforcement agency has had an opportunity to consult with the licensee's manager or owner as provided under this subsection (3)(a).
(b) Following the initial consultation between the law enforcement agency and the licensee as required under (a) of this subsection, the law enforcement agency is granted the discretionary authority to forego any further consultation with the licensee and may terminate its investigation of the theft allegation. However, if the law enforcement agency opts to continue the consultation process with the licensee and proceed with its investigation, the law enforcement agency must endeavor to work with the licensee to identify theft issues and reach cooperative agreements regarding measures that should be taken to eliminate spirits theft problems.
(c) If during the consultation process outlined under (a) and (b) of this subsection the law enforcement agency determines that no spirits theft problem exists at the premises of the licensee, or that the licensee has taken the steps necessary to adequately address the theft problem, then the procedural processes outlined in this section may be terminated at the discretion of the law enforcement agency without the involvement of the board. However, if the law enforcement agency finds that a spirits theft problem exists at the licensee's premises and the licensee either refuses or fails to implement remedial measures adequate to address the theft problem, or otherwise fails to cooperate with the law enforcement agency, then the law enforcement agency must formally inform the board in writing regarding the licensee's lack of cooperation in resolving its spirits theft problem.
(d) Upon the receipt of law enforcement agency notification as required under (c) of this subsection, the board must provide written notification to the licensee of the alleged theft problem and may demand that the licensee participate in a consultation process involving a representative of the board and the licensee. The reporting law enforcement agency may be included in this consultation process at the discretion of the board and upon the agreement of the law enforcement agency. The licensee's participation in the consultation process is mandatory and the licensee is entitled to at least thirty days' notice by the board. In the event a licensee fails to attend or otherwise cooperate in initial or subsequent consultations, the board is authorized to suspend the licensee's spirits retail license until such time as the retailer is in compliance with the requirements of this subsection (3)(d).
(e) At the consultation, the board must provide the licensee with any information or evidence pertinent to any allegation that the retailer has an unacceptable spirits theft rate. The licensee must be provided with a reasonable opportunity to respond and present evidence, and, if necessary, the consultation may be continued at the discretion of the board to allow adequate time for the licensee to prepare such response.
(f) At the conclusion of the initial consultation process, if the board finds that the licensee has an unacceptable spirits theft rate, it may develop a corrective action plan outlining the remedial measures that must be taken by the licensee pursuant to subsection (2) of this section. In developing the plan, the board must make a concerted effort to obtain voluntary participation in the plan by the licensee. At every step in the consultation and corrective action plan process, the board is encouraged to work with the licensee in a cooperative manner and, where possible, to strive for voluntary agreements with the licensee. However, in the absence of licensee cooperation or agreement, the board is authorized to unilaterally develop and enforce a corrective action plan as authorized under this section. Once the plan is finalized, it must be filed with the board and a copy provided to the licensee either personally or through certified mail.
(g) Not more than thirty days after the filing and service of the original corrective action plan, the board must schedule one or more follow-up consultations with the licensee. The purpose of these consultations is to review the licensee's performance with respect to the requirements of the corrective action plan and to generally assess the licensee's progress in addressing spirits theft issues. If the licensee is following the corrective action plan but is continuing to experience an unacceptable spirits theft rate, then the board and the licensee may review and revise the plan as deemed necessary by the board. Following the filing of a revised plan, the board may schedule one or more follow-up consultations at its discretion.
(h) During the review process established in (g) of this subsection, if the board finds that the licensee has failed to comply with the requirements of the original or revised corrective action plan the board may:
(i) Demand that the licensee take remedial steps so as to be compliant with the corrective action plan and schedule an additional follow-up consultation at the board's discretion; or
(ii) If the licensee's noncompliance is deemed to be willful, suspend the retailer's spirits retail license for a period to be determined by the board by rule.
(i) If a licensee remains consistently noncompliant with the original corrective action plan and any revised plans for a period of at least nine months, then the board is authorized to suspend or revoke the licensee's spirits retail license.
(4) The board is granted the rule-making authority necessary to implement and enforce the provisions of this section pertaining to the regulation of licensees deemed to have unacceptable spirits theft rates.
(5) If the board suspends or revokes a licensee's spirits retail license under this section, the licensee may appeal and request a hearing under chapter 34.05 RCW, the administrative procedure act.
[ 2014 c 63 s 1.]

catchline: Theft prevention—Regulating spirits retailers.


title: RCW 66.28.360

text:
(1) Licensees holding either a license that permits or a license with an endorsement that permits the sale of beer to a purchaser in a container supplied by the licensee or a sanitary container brought to the premises by the purchaser and filled at the tap at the time of sale may similarly sell cider and mead to a purchaser in such a container, subject to subsection (2) of this section. Nothing in this section relieves a licensee from complying with federal law.
(2) Any mead sold pursuant to this section must have an alcohol content equal to or less than fourteen percent alcohol by volume.
(3) For purposes of this section, "cider" has the same meaning as in RCW 66.24.210(6) and "mead" has the same meaning as in RCW 66.24.215.
[ 2017 c 8 s 2; 2014 c 54 s 1.]

catchline: Cider sales—Container brought by purchaser.


title: RCW 66.28.370

text:
If a licensee subject to the license issuance fee requirements of RCW 66.24.630(4) fails to submit its quarterly reports or payment to the board, the board may assess a penalty at a rate no higher than one percent per month on the balance of the unpaid license issuance fee.
[ 2015 c 186 s 2.]

catchline: Failure to submit required reports or payment for license issuance—Penalty.


title: RCW 66.28.380

text:
In accordance with RCW 69.50.3271, it is unlawful to manufacture, import, offer, or sell in this state a consumable product that contains cannabis or any form of tetrahydrocannabinol in combination with beer, wine, spirits, or any other type of liquor in the same product.
[ 2023 c 217 s 2.]

catchline: Products combining alcohol and cannabis prohibited.


title: RCW 66.32.010

text:
The board may, to the extent required to control unlawful diversion of liquor from authorized channels of distribution, require that packages of liquor transported within the state be sealed with such official seal as may be adopted by the board, except in the case of:
(1) Liquor manufactured in the state; or
(2) Liquor purchased within the state or for shipment to a consumer within the state in accordance with the provisions of law; or
(3) Wine or beer exempted in RCW 66.12.010.
[ 2012 c 2 s 208 (Initiative Measure No. 1183, approved November 8, 2011); 1955 c 39 s 3. Prior: 1943 c 216 s 3(1); 1933 ex.s. c 62 s 33(1); Rem. Supp. 1943 s 7306-33(1).]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

catchline: Possession of contraband liquor.


title: RCW 66.32.020

text:
If, upon the sworn complaint of any person, it is made to appear to any judge of the superior court or district court, that there is probable cause to believe that intoxicating liquor is being manufactured, sold, bartered, exchanged, given away, furnished, or otherwise disposed of or kept in violation of the provisions of this title, such judge shall, with or without the approval of the prosecuting attorney, issue a warrant directed to a civil officer of the state duly authorized to enforce or assist in enforcing any law thereof, or to an inspector of the board, commanding the civil officer or inspector to search the premises, room, house, building, boat, vehicle, structure or place designated and described in the complaint and warrant, and to seize all intoxicating liquor there found, together with the vessels in which it is contained, and all implements, furniture, and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing, or otherwise disposing of the liquor, and to safely keep the same, and to make a return of the warrant within ten days, showing all acts and things done thereunder, with a particular statement of all articles seized and the name of the person or persons in whose possession they were found, if any, and if no person is found in the possession of the articles, the return shall so state.
[ 1987 c 202 s 220; 1955 c 288 s 1; 1955 c 39 s 4. Prior: 1943 c 216 s 3(2), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(2), part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Search warrant—Search and seizure.


title: RCW 66.32.030

text:
A copy of the warrant, together with a detailed receipt for the property taken shall be served upon the person found in possession of any intoxicating liquor, furniture, or fixtures so seized, and if no person is found in possession thereof, a copy of the warrant and receipt shall be left in a conspicuous place upon the premises wherein they are found.
[ 1955 c 39 s 5. Prior: 1943 c 216 s 3(2), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(2), part.]

catchline: Service of warrant—Receipt for seized property.


title: RCW 66.32.040

text:
All liquor seized pursuant to the authority of a search warrant or an arrest shall, upon adjudication that it was kept in violation of this title, be forfeited and upon forfeiture be disposed of by the agency seizing the liquor.
[ 1993 c 26 s 1; 1955 c 39 s 6. Prior: 1943 c 216 s 3(2), part; 1933 ex.s. c 62 s 23(2), part; Rem. Supp. 1943 s 7306-33(2), part.]

catchline: Forfeiture of liquor directed if kept unlawfully.


title: RCW 66.32.050

text:
Upon the return of the warrant as provided herein, the judge shall fix a time, not less than ten days, and not more than thirty days thereafter, for the hearing of the return, when he or she shall proceed to hear and determine whether or not the articles seized, or any part thereof, were used or in any manner kept or possessed by any person with the intention of violating any of the provisions of this title.
[ 1987 c 202 s 221; 1955 c 39 s 7. Prior: 1943 c 216 s 3(3), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(3), part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Hearing.


title: RCW 66.32.060

text:
At the hearing, any person claiming any interest in any of the articles seized may appear and be heard upon filing a written claim setting forth particularly the character and extent of his or her interest, and the burden shall rest upon the claimant to show, by competent evidence, his or her property right or interest in the articles claimed, and that they were not used in violation of any of the provisions of this title, and were not in any manner kept or possessed with the intention of violating any of its provisions.
[ 2012 c 117 s 283; 1955 c 39 s 8. Prior: 1943 c 216 s 3(3), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(3), part.]

catchline: Claimants may appear.


title: RCW 66.32.070

text:
If, upon the hearing, the evidence warrants, or, if no person appears as claimant, the judge shall thereupon enter a judgment of forfeiture, and order such articles destroyed forthwith: PROVIDED, That if, in the opinion of the judge, any of the forfeited articles other than intoxicating liquors are of value and adapted to any lawful use, the judge shall, as a part of the order and judgment, direct that the articles other than intoxicating liquor be sold as upon execution by the officer having them in custody, and the proceeds of the sale after payment of all costs of the proceedings shall be paid into the liquor revolving fund.
[ 1987 c 202 s 222; 1955 c 39 s 9. Prior: 1943 c 216 s 3(3), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(3), part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Judgment of forfeiture—Disposition of proceeds of property sold.


title: RCW 66.32.080

text:
Action under RCW 66.32.010 through 66.32.080 and the forfeiture, destruction, or sale of any articles thereunder shall not bar prosecution under any other provision.
[ 1955 c 39 s 10. Prior: 1943 c 216 s 3(3), part; 1933 ex.s. c 62 s 33(2), part; Rem. Supp. 1943 s 7306-33(3), part.]

catchline: Forfeiture action no bar to criminal prosecution.


title: RCW 66.32.090

text:
In every case in which liquor is seized by a sheriff or deputy of any county or by a police officer of any municipality or by a member of the Washington state patrol, or any other authorized peace officer or inspector, it shall be the duty of the sheriff or deputy of any county, or chief of police of the municipality, or the chief of the Washington state patrol, as the case may be, to forthwith report in writing to the board of particulars of such seizure.
[ 1993 c 26 s 2; 1987 c 202 s 223; 1935 c 174 s 8; 1933 ex.s. c 62 s 55; RRS s 7306-55.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Seized liquor to be reported to board.


title: RCW 66.36.010

text:
Any room, house, building, boat, vehicle, structure, or place, except premises licensed under this title, where liquor, as defined in this title, is manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of the provisions of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and all property kept in and used in maintaining such a place, are hereby declared to be a common nuisance. The prosecuting attorney of the county in which such nuisance is situated shall institute and maintain an action in the superior court of such county in the name of the state of Washington to abate and perpetually enjoin such nuisance. The plaintiff shall not be required to give bond in such action, and restraining orders, temporary injunctions, and permanent injunctions may be granted in said cause as in other injunction proceedings, and upon final judgment against the defendant, such court may also order that said room, house, building, boat, vehicle, structure, or place, shall be closed for a period of one year; or until the owner, lessee, tenant, or occupant thereof shall give bond with sufficient surety, to be approved by the court making the order, in the penal sum of not less than one thousand dollars payable to the state of Washington, and conditioned that liquor will not thereafter be manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of thereon or therein in violation of the provisions of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, and that he or she will pay all fines, costs, and damages assessed against him or her for any violation of this title or of the laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor. If any condition of such bond be violated, the whole amount may be recovered as a penalty for the use of the county wherein the premises are situated.
In all cases where any person has been convicted of a violation of this title or the laws of this state relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor an action may be brought in the superior court of the county in which the premises are situated, to abate as a nuisance any real estate or other property involved in the commission of said offense, and in any such action a certified copy of the record of such conviction shall be admissible in evidence and prima facie evidence that the room, house, building, boat, vehicle, structure, or place against which such action is brought is a public nuisance.
[ 2012 c 117 s 284; 1939 c 172 s 9 (adding new section 33-A to 1933 ex.s. c 62); RRS s 7306-33A. Formerly RCW 66.36.010 through 66.36.040.]

catchline: Places where liquor unlawfully kept declared a nuisance—Abatement of activity and realty—Judgment—Bond to reopen.


title: RCW 66.40.010

text:
(1) For an election upon the question of whether the sale of liquor is permitted, the election unit must be any city or town, or that portion of any county not within cities and towns.
(2) This section is subject to the exception specified in RCW 66.40.030(2).
[ 2015 c 153 s 1; 1957 c 263 s 3. Prior: (i) 1933 ex.s. c 62 s 82; RRS s 7306-82. (ii) 1949 c 5 s 2, part (adding new section 23-S-2 to 1933 ex.s. c 62); Rem. Supp. 1949 s 7306-23S-2, part.]
Notes:

catchline: Local option units.


title: RCW 66.40.020

text:
Within any unit referred to in RCW 66.40.010, upon compliance with the conditions hereinafter prescribed, there may be held, at the time and as a part of any general election, an election upon the question of whether the sale of liquor shall be permitted within such unit; and in the event that any such election is held in any such unit, no other election under this section shall be held prior to the next succeeding general election.
[ 1933 ex.s. c 62 s 83; RRS s 7306-83.]

catchline: Election may be held.


title: RCW 66.40.030

text:
(1) Within any election unit referred to in RCW 66.40.010, subject to the exception specified in subsection (2) of this section, a separate election may be held upon the question of whether the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses, must be permitted within the election unit. The conditions and procedure for holding the election are prescribed by RCW 66.40.020, 66.40.040, 66.40.100, 66.40.110, and 66.40.120. Whenever a majority of qualified voters voting upon the question in the election unit vote "against the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses," the county auditor must file with the *liquor control board a certificate showing the result of the canvass at the election. Ninety days after the date of that canvass, it is unlawful for licensees to maintain and operate premises within the election unit licensed under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses.
(2) The addition after an election under subsection (1) of this section of new territory to the election unit by annexation, disincorporation, or otherwise does not extend the prohibition against the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses to the new territory. Furthermore, the new territory is not: (a) Within the election unit in any subsequent election under subsection (1) of this section; or (b) subject to any prohibition adopted pursuant to any subsequent election under subsection (1) of this section.
(3) Elections held under RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120, and 66.40.140 are limited to the question of whether the sale of liquor by means other than under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses is permitted within the election unit.
[ 2015 c 153 s 2; 2009 c 271 s 9; 1999 c 281 s 8; 1994 c 55 s 1; 1949 c 5 s 12 (adding new section 83-A to 1933 ex.s. c 62); Rem. Supp. 1949 s 7306-83A.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: License elections.


title: RCW 66.40.040

text:
Any unit referred to in RCW 66.40.010 may hold such election upon the question of whether the sale of liquor shall be permitted within the boundaries of such unit, upon the filing with the county auditor of the county within which such unit is located, of a petition subscribed by qualified electors of the unit equal in number to at least thirty percent of the electors voting at the last general election within such unit. Such petition shall designate the unit in which the election is desired to be had, the date upon which the election is desired to be held, and the question that is desired to be submitted. The persons signing such a petition shall state their post office address, the name or number of the precinct in which they reside, and in case the subscriber be a resident of a city, the street and house number, if any, of his or her residence, and the date of signature. Said petition shall be filed not less than sixty days nor more than ninety days prior to the date upon which the election is to be held. No signature shall be valid unless the above requirements are complied with, and unless the date of signing the same is less than ninety days preceding the date of filing. No signature shall be withdrawn after the filing of such petition. Such petition may consist of one or more sheets and shall be fastened together as one document, filed as a whole, and when filed shall not be withdrawn or added to. Such petition shall be a public document and shall be subject to the inspection of the public. Upon the request of anyone filing such a petition and paying, or tendering to the county auditor one dollar for each hundred names, or fraction thereof, signed thereto, together with a copy thereof, said county auditor shall immediately compare the original and copy and attach to such copy and deliver to such person his or her official certificate that such copy is a true copy of the original, stating the date when such original was filed in his or her office; and said officer shall furnish, upon the demand of any person, a copy of said petition, upon payment of the same fee required for the filing of original petitions.
[ 2012 c 117 s 285; 1933 ex.s. c 62 s 84; RRS s 7306-84. Formerly RCW 66.40.040 through 66.40.090.]

catchline: Petition for election—Contents—Procedure—Signatures, filing, form, copies, fees, etc.—Public inspection.


title: RCW 66.40.100

text:
Upon the filing of a petition as hereinbefore provided, the county auditor with whom it is filed shall cause the names on said petition to be compared with the names on the voters' official registration records provided for by law with respect to such unit. The officer or deputy making the comparison shall place his or her initials in ink opposite the signatures of those persons who are shown by such registration records to be legal voters and shall certify that the signatures so initialed are the signatures of legal voters of the state of Washington and of said unit, and shall sign such certificate. In the event that said petition, after such comparison, shall be found to have been signed by the percentage of legal voters of said unit referred to in RCW 66.40.040, the question shall be placed upon the ballot at the next general election.
[ 2012 c 117 s 286; 1933 ex.s. c 62 s 85; RRS s 7306-85.]

catchline: Check of petitions.


title: RCW 66.40.110

text:
Upon the ballot to be used at such general election the question shall be submitted in the following form:
"Shall the sale of liquor be permitted within . . . . . . (here specify the unit in which election is to be held)." Immediately below said question shall be placed the alternative answers, as follows:
"For sale of liquor. . . .
( )
Against sale of liquor. . . .
( )."
Each person desiring to vote in favor of permitting the sale of liquor within the unit in which the election is to be held shall designate his or her choice beside the words "For sale of liquor," and those desiring to vote against the permitting of the sale of liquor within such unit shall designate their choice beside the words "Against sale of liquor," and the ballot shall be counted accordingly.
[ 2012 c 117 s 287; 1933 ex.s. c 62 s 86; RRS s 7306-86.]

catchline: Form of ballot.


title: RCW 66.40.120

text:
The returns of any such election shall be canvassed in the manner provided by law. If the majority of qualified electors voting upon said question at said election shall have voted "For sale of liquor" within the unit in which the election is held, the sale of liquor may be continued in accordance with the provisions of this title. If the majority of the qualified electors voting on such question at any such election shall vote "Against sale of liquor", then, within thirty days after such canvass no sale or purchase of liquor, save as herein provided, shall be made within such unit until such permission so to do be subsequently granted at an election held for that purpose under the provisions of this title.
[ 1933 ex.s. c 62 s 87; RRS s 7306-87.]

catchline: Canvass of votes—Effect.


title: RCW 66.40.130

text:
Ninety days after December 2, 1948, spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses may be issued in any election unit in which the sale of liquor is then lawful. No spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility license shall be issued in any election unit in which the sale of liquor is forbidden as the result of an election held under RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and 66.40.140, unless a majority of the qualified electors in such election unit voting upon this initiative at the general election in November, 1948, vote in favor of this initiative, or unless at a subsequent general election in which the question of whether the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses shall be permitted within such unit is submitted to the electorate, as provided in RCW 66.40.030, a majority of the qualified electors voting upon such question vote "for the sale of liquor under spirits, beer, and wine restaurant; spirits, beer, and wine private club; spirits, beer, and wine nightclub; and sports entertainment facility licenses."
[ 2009 c 271 s 10; 1999 c 281 s 9; 1949 c 5 s 13 (adding new section 87-A to 1933 ex.s. c 62); Rem. Supp. 1949 s 7306-87A.]
Notes:

catchline: Effect of election as to licenses.


title: RCW 66.40.140

text:
Whenever a majority of qualified voters voting upon said question in any such unit shall have voted "Against sale of liquor," the county auditor shall file with the *liquor control board a certificate showing the result of the canvass at such election; and thereafter, except as hereinafter provided, it shall not be lawful for a liquor store to be operated therein nor for licensees to maintain and operate licensed premises therein except as hereinafter provided:
(1) As to any stores maintained by the board within any such unit at the time of such licensing, the board shall have a period of thirty days from and after the date of the canvass of the vote upon such election to continue operation of its store or stores therein.
(2) As to any premises licensed hereunder within any such unit at the time of such election, such licensee shall have a period of sixty days from and after the date of the canvass of the vote upon such election in which to discontinue operation of its store or stores therein.
(3) Nothing herein contained shall prevent any distillery, brewery, rectifying plant or winery or the licensed operators thereof from selling its manufactured product, manufactured within such unit, outside the boundaries thereof.
(4) Nothing herein contained shall prevent any person residing in any unit in which the sale of liquor shall have been forbidden by popular vote as herein provided, who is otherwise qualified to receive and hold a permit under this title, from lawfully purchasing without the unit and transporting into or receiving within the unit, liquor lawfully purchased by him or her outside the boundaries of such unit.
[ 2012 c 117 s 288; 1933 ex.s. c 62 s 88; RRS s 7306-88.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.

catchline: Certificate of result to board—Grace period—Permitted activities.


title: RCW 66.40.150

text:
No election in any unit referred to in RCW 66.40.010, 66.40.020, 66.40.040, 66.40.100, 66.40.110, 66.40.120 and 66.40.140, upon the question of whether the sale of liquor shall be permitted within the boundaries of such unit shall be held at the same time as an election is held in the same unit upon the question of whether the sale of liquor under the provisions of RCW 66.40.030 shall be permitted. In the event valid and sufficient petitions are filed which would otherwise place both questions on the same ballot that question upon which the petition was filed with the county auditor first shall be placed on the ballot to the exclusion of the other.
[ 1949 c 93 s 1 (adding new section 88-A to 1933 ex.s. c 62); Rem. Supp. 1949 s 7306-88A.]

catchline: Concurrent liquor elections in same election unit prohibited.


title: RCW 66.44.010

text:
(1) All county and municipal peace officers are hereby charged with the duty of investigating and prosecuting all violations of this title, and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and all fines imposed for violations of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor belong to the county, city or town wherein the court imposing the fine is located, and must be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. However, all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law must be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
(2) In addition to any and all other powers granted, the board has the power to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor.
(3) In addition to the other duties under this section, the board must enforce chapters 82.24, 82.26, and 82.25 RCW.
(4) The board may appoint and employ, assign to duty and fix the compensation of, officers to be designated as liquor enforcement officers. Such liquor enforcement officers have the power, under the supervision of the board, to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. They have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24, 82.26, and 82.25 RCW. They have the power to arrest without a warrant any person or persons found in the act of violating any of the penal provisions of this title or of any penal law of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24, 82.26, and 82.25 RCW.
[ 2019 c 445 s 202; 1998 c 18 s 1; 1987 c 202 s 224; 1969 ex.s. c 199 s 28; 1939 c 172 s 5; 1935 c 174 s 11; 1933 ex.s. c 62 s 70; RRS s 7306-70. Formerly RCW 66.44.010 through 66.44.030.]
Notes:
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Local officers to enforce law—Authority of board—Liquor enforcement officers.


title: RCW 66.44.040

text:
In describing the offense respecting the sale, or keeping for sale or other disposal, of liquor, or the having, keeping, giving, purchasing or consumption of liquor in any information, summons, conviction, warrant, or proceeding under this title, it shall be sufficient to simply state the sale, or keeping for sale or disposal, having, keeping, giving, purchasing, or consumption of liquor, without stating the name or kind of such liquor or the price thereof, or to whom it was sold or disposed of, or by whom consumed, or from whom it was purchased or received; and it shall not be necessary to state the quantity of liquor so sold, kept for sale, disposed of, had, kept, given, purchased, or consumed, except in the case of offenses where the quantity is essential, and then it shall be sufficient to allege the sale or disposal of more or less than such quantity.
[ 1933 ex.s. c 62 s 57; RRS s 7306-57.]

catchline: Sufficiency of description of offenses in complaints, informations, process, etc.


title: RCW 66.44.050

text:
The description of any offense under this title, in the words of this title, or in any words of like effect, shall be sufficient in law; and any exception, exemption, provision, excuse, or qualification, whether it occurs by way of proviso or in the description of the offense in this title, may be proved by the defendant, but need not be specified or negatived in the information; but if it is so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
[ 1933 ex.s. c 62 s 58; RRS s 7306-58.]

catchline: Description of offense in words of statutes—Proof required.


title: RCW 66.44.060

text:
In any proceeding under this title, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of this title.
[ 1933 ex.s. c 62 s 59; RRS s 7306-59.]

catchline: Proof of unlawful sale establishes prima facie intent.


title: RCW 66.44.070

text:
A certificate, signed by any person appointed or designated by the board in writing as an analyst, as to the percentage of alcohol contained in any liquid, drink, liquor, or combination of liquors, when produced in any court or before any court shall be prima facie evidence of the percentage of alcohol contained therein.
[ 1933 ex.s. c 62 s 60; RRS s 7306-60.]

catchline: Certified analysis is prima facie evidence of alcoholic content.


title: RCW 66.44.080

text:
In all prosecutions, actions, or proceedings under the provisions of this title against a corporation, every summons, warrant, order, writ or other proceeding may be served on the corporation in the same manner as is now provided by law for service of civil process.
[ 1933 ex.s. c 62 s 61; RRS s 7306-61.]

catchline: Service of process on corporation.


title: RCW 66.44.090

text:
Any person doing any act required to be licensed under this title without having in force a license issued to him or her shall be guilty of a gross misdemeanor.
[ 2012 c 117 s 289; 1955 c 289 s 2. Prior: (i) 1933 ex.s. c 62 s 28; RRS s 7306-28.(ii) 1939 c 172 s 6(1); 1935 c 174 s 6(1); 1933 ex.s. c 62 s 92(1); RRS s 7306-92(1).]

catchline: Acting without license.


title: RCW 66.44.100

text:
Except as permitted by this title, including as allowed under RCW 66.24.800, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW.
[ 2025 c 361 s 6; 1999 c 189 s 3; 1981 1st ex.s. c 5 s 21; 1933 ex.s. c 62 s 34; RRS s 7306-34.]
Notes:
Finding—Intent—Expiration date—2025 c 361: See notes following RCW 66.24.800.
Application—1999 c 189: See note following RCW 66.28.230.
Effective date—1981 1st ex.s. c 5: See RCW 66.98.100.
PDF
RCW 66.44.100
Opening or consuming liquor in public place—Penalty. (Effective December 31, 2027.)
Except as permitted by this title, no person shall open the package containing liquor or consume liquor in a public place. Every person who violates any provision of this section shall be guilty of a class 3 civil infraction under chapter 7.80 RCW.
[ 1999 c 189 s 3; 1981 1st ex.s. c 5 s 21; 1933 ex.s. c 62 s 34; RRS s 7306-34.]
Notes:
Application—1999 c 189: See note following RCW 66.28.230.
Effective date—1981 1st ex.s. c 5: See RCW 66.98.100.

catchline: Opening or consuming liquor in public place—Penalty. (Effective until December 31, 2027.)


title: RCW 66.44.120

text:
(1) No person other than an employee of the board may keep or have in his or her possession any official seal adopted by the board under this title, unless the same is attached to a package in accordance with the law; nor may any person keep or have in his or her possession any design in imitation of any official seal prescribed under this title, or calculated to deceive by its resemblance thereto, or any paper upon which any design in imitation thereof, or calculated to deceive as aforesaid, is stamped, engraved, lithographed, printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every person who willfully violates this section is guilty of a gross misdemeanor and is liable on conviction thereof for a first offense to imprisonment in the county jail for a period of not less than three months nor more than six months, without the option of the payment of a fine, and for a second offense, to imprisonment in the county jail for not less than six months nor more than three hundred sixty-four days, without the option of the payment of a fine.
(b) A third or subsequent offense is a class C felony, punishable by imprisonment in a state correctional facility for not less than one year nor more than two years.
[ 2012 c 2 s 209 (Initiative Measure No. 1183, approved November 8, 2011); 2011 c 96 s 46; 2005 c 151 s 11; 2003 c 53 s 299; 1992 c 7 s 42; 1933 ex.s. c 62 s 47; RRS s 7306-47.]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful use of seal.


title: RCW 66.44.130

text:
Except as otherwise provided in this title, every person who sells by the drink or bottle, any liquor shall be guilty of a violation of this title.
[ 1955 c 289 s 3. Prior: 1939 c 172 s 6(2); 1935 c 174 s 15(2); 1933 ex.s. c 62 s 92(2); RRS s 7306-92(2).]

catchline: Sales of liquor by drink or bottle.


title: RCW 66.44.140

text:
Every person who shall sell or offer for sale, or transport in any manner, any spirituous liquor, without government stamp or seal attached thereto, or who shall operate without a license, any still or other device for the production of spirituous liquor, or shall have in his or her possession or under his or her control any mash capable of being distilled into spirituous liquor except as provided in RCW 66.12.130, shall be guilty of a gross misdemeanor and upon conviction thereof shall upon his or her first conviction be fined not less than five hundred dollars and confined in the county jail not less than six months, and upon second and subsequent conviction shall be fined not less than one thousand dollars and confined in the county jail not less than one year.
[ 2012 c 117 s 290; 1980 c 140 s 4; 1955 c 289 s 4. Prior: 1939 c 172 s 6(3); 1935 c 174 s 15(3); 1933 ex.s. c 62 s 92(3); RRS s 7306-92(3).]

catchline: Unlawful sale, transportation of spirituous liquor without stamp or seal—Unlawful operation, possession of still or mash.


title: RCW 66.44.150

text:
If any person in this state buys alcoholic beverages from any person other than a person authorized by the board to sell alcoholic beverages, he or she is guilty of a misdemeanor.
[ 2012 c 2 s 210 (Initiative Measure No. 1183, approved November 8, 2011); 1955 c 289 s 5. Prior: 1939 c 172 s 6(4); 1935 c 174 s 15(4); 1933 ex.s. c 62 s 92(4); RRS s 7306-92(4).]
Notes:
Finding—Application—Rules—Effective date—Contingent effective date—2012 c 2 (Initiative Measure No. 1183): See notes following RCW 66.24.620.

catchline: Buying liquor illegally.


title: RCW 66.44.160

text:
Except as otherwise provided in this title, any person who has or keeps or transports alcoholic beverages other than those purchased from the board, a state liquor store, or some person authorized by the board to sell them, shall be guilty of a violation of this title.
[ 1955 c 289 s 6. Prior: 1939 c 172 s 6(5); 1935 c 174 s 15(5); 1933 ex.s. c 62 s 92(5); RRS s 7306-92(5).]

catchline: Illegal possession, transportation of alcoholic beverages.


title: RCW 66.44.170

text:
Any person who keeps or possesses liquor upon his or her person or in any place, or on premises conducted or maintained by him or her as principal or agent with the intent to sell it contrary to provisions of this title, shall be guilty of a violation of this title. The possession of liquor by the principal or agent on premises conducted or maintained, under federal authority, as a retail dealer in liquors, shall be prima facie evidence of the intent to sell liquor.
[ 2012 c 117 s 291; 1955 c 289 s 7. Prior: 1937 c 144 s 1 (adding new section 92A to 1933 ex.s. c 62); RRS s 7306-92A.]

catchline: Illegal possession of liquor with intent to sell—Prima facie evidence, what is.


title: RCW 66.44.175

text:
Every person who violates any provision of this title or the regulations shall be guilty of a violation of this title, whether otherwise declared or not.
[ 1933 ex.s. c 62 s 91; RRS s 7306-91.]

catchline: Violations of law.


title: RCW 66.44.180

text:
(1) Every person guilty of a violation of this title for which no penalty has been specifically provided:
(a) For a first offense, is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than two months, or both;
(b) For a second offense, is guilty of a gross misdemeanor punishable by imprisonment for not more than six months; and
(c) For a third or subsequent offense, is guilty of a gross misdemeanor punishable by imprisonment for up to three hundred sixty-four days.
(2) If the offender convicted of an offense referred to in this section is a corporation, it shall for a first offense be liable to a penalty of not more than five thousand dollars, and for a second or subsequent offense to a penalty of not more than ten thousand dollars, or to forfeiture of its corporate license, or both.
(3) Every district judge and municipal judge shall have concurrent jurisdiction with superior court judges of the state of Washington of all violations of the provisions of this title and may impose any punishment provided therefor.
[ 2011 c 96 s 47; 2003 c 53 s 300; 1987 c 202 s 225; 1981 1st ex.s. c 5 s 22; 1935 c 174 s 16; 1933 ex.s. c 62 s 93; RRS s 7306-93.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Intent—1987 c 202: See note following RCW 2.04.190.
Effective date—1981 1st ex.s. c 5: See RCW 66.98.100.

catchline: General penalties—Jurisdiction for violations.


title: RCW 66.44.193

text:
If an institution of higher education chooses to allow the sale of alcoholic beverages on campus, the legislature encourages the institution to feature products produced in the state of Washington.
[ 2003 c 51 s 2.]

catchline: Sales on university or college campus.


title: RCW 66.44.200

text:
(1) No person shall sell any liquor to any person apparently under the influence of liquor.
(2)(a) No person who is apparently under the influence of liquor may purchase or consume liquor on any premises licensed by the board.
(b) A violation of this subsection is an infraction punishable by a fine of not more than five hundred dollars.
(c) A defendant's intoxication may not be used as a defense in an action under this subsection.
(d) Until July 1, 2000, every establishment licensed under RCW 66.24.330 or 66.24.420 shall conspicuously post in the establishment notice of the prohibition against the purchase or consumption of liquor under this subsection.
(3) An administrative action for violation of subsection (1) of this section and an infraction issued for violation of subsection (2) of this section arising out of the same incident are separate actions and the outcome of one shall not determine the outcome of the other.
[ 1998 c 259 s 1; 1933 ex.s. c 62 s 36; RRS s 7306-36.]

catchline: Sales to persons apparently under the influence of liquor—Purchases or consumption by persons apparently under the influence of liquor on licensed premises—Penalty—Notice—Separation of actions.


title: RCW 66.44.210

text:
Except in the case of liquor administered by a physician or dentist or sold upon a prescription in accordance with the provisions of this title, no person shall procure or supply, or assist directly or indirectly in procuring or supplying, liquor for or to anyone whose permit is suspended or has been canceled.
[ 1933 ex.s. c 62 s 38; RRS s 7306-38.]

catchline: Obtaining liquor for ineligible person.


title: RCW 66.44.240

text:
Every person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This section does not apply to a public conveyance that is commercially chartered for group use or a for hire vehicle licensed under city, county, or state law.
[ 1983 c 165 s 29; 1909 c 249 s 442; RRS s 2694.]
Notes:
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.

catchline: Drinking in public conveyance—Penalty against carrier—Exception.


title: RCW 66.44.250

text:
Every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for group use and with respect to a for hire vehicle licensed under city, county, or state law, this section applies only to the driver of the vehicle.
[ 1983 c 165 s 30; 1909 c 249 s 441; RRS s 2693.]
Notes:
Legislative finding, intent—Effective dates—Severability—1983 c 165: See notes following RCW 46.20.308.
Alcoholic beverages, drinking or open container in vehicle on highway, exceptions: RCW 46.61.519.

catchline: Drinking in public conveyance—Penalty against individual—Restricted application.


title: RCW 66.44.265

text:
It shall be unlawful for a candidate for office or for nomination thereto whose name appears upon the ballot at any election to give to or purchase for another person, not a member of his or her family, any liquor in or upon any premises licensed by the state for the sale of any such liquor by the drink during the hours that the polls are open on the day of such election.
[ 1971 ex.s. c 112 s 2.]

catchline: Candidates giving or purchasing liquor on election day prohibited.


title: RCW 66.44.270

text:
(1) It is unlawful for any person to sell, give, or otherwise supply liquor to any person under the age of 21 years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(2) The board may impose civil penalties as set forth in this section on individuals for the sale, gift, or otherwise supply of liquor to any person under the age of 21 occurring from a business licensed by the board under this chapter, and by a person performing acts of employment on behalf of the business. The board may impose a civil penalty in lieu of issuing a criminal citation under subsection (1) of this section.
(a) Any civil penalty imposed by the board may not be in addition to criminal enforcement, and the board may not issue a criminal citation in any matter in which it issues a civil penalty.
(b) Nothing in this section prevents criminal enforcement in lieu of a civil penalty for continued violations, or violations involving intentional sales of, or knowingly furnishing, alcohol to a person under the age of 21 years.
(c) Nothing in this section prevents enforcement using provisions of RCW 66.20.300 through 66.20.350 when a person holds an alcohol server permit.
(d) The monetary penalty that the board may impose based upon one or more violations under this section may not exceed the following:
(i) $200 for the first violation;
(ii) $400 for a second violation occurring within three years; and
(iii) $500 for a third, or subsequent, violation occurring within three years.
(e) The board may develop and offer a class for retail clerks and use this class in lieu of a monetary penalty for the clerk's first violation.
(f) The board may seek injunctive relief to enforce the provisions of this chapter. The board may initiate legal action to collect civil penalties imposed under this chapter if they have not been paid within 30 days after imposition. In any action filed by the board under this chapter, the court may, in addition to any other relief, award the board reasonable attorneys' fees and costs.
(g) All proceedings under this section must be conducted in accordance with chapter 34.05 RCW.
(3)(a) It is unlawful for any person under the age of 21 years to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
(b) It is unlawful for a person under the age of 21 years to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor. This subsection (3)(b) does not apply if the person is in the presence of a parent or guardian or has consumed or is consuming liquor under circumstances described in subsection (5), (6), or (8) of this section.
(4) Subsections (1) and (3)(a) of this section do not apply to liquor given or permitted to be given to a person under the age of 21 years by a parent or guardian and consumed in the presence of the parent or guardian. This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.
(5) This section does not apply to liquor given for medicinal purposes to a person under the age of 21 years by a parent, guardian, physician, or dentist.
(6) This section does not apply to liquor given to a person under the age of 21 years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.
(7) This section does not apply to liquor provided to students under 21 years of age in accordance with a special permit issued under *RCW 66.20.010(12).
(8)(a) A person under the age of 21 years acting in good faith who seeks medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted under subsection (3)(a) of this section, if the evidence for the charge was obtained as a result of the person seeking medical assistance.
(b) A person under the age of 21 years who experiences alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted under subsection (3)(a) of this section, if the evidence for the charge was obtained as a result of the poisoning and need for medical assistance.
(c) The protection in this subsection shall not be grounds for suppression of evidence in other criminal charges.
(9) Conviction or forfeiture of bail for a violation of this section by a person under the age of 21 years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of 21 years.
[ 2024 c 71 s 2; 2015 c 59 s 2; 2013 c 112 s 2; 1998 c 4 s 1; 1993 c 513 s 1; 1987 c 458 s 3; 1955 c 70 s 2. Prior: 1935 c 174 s 6(1); 1933 ex.s. c 62 s 37(1); RRS s 7306-37(1); prior: Code 1881 s 939; 1877 p 205 s 5.]
Notes:
*Reviser's note: RCW 66.20.010 was amended by 2025 c 167 s 1, changing subsection (12) to subsection (11).
Findings—2024 c 71: "The legislature finds that preventing sales of alcohol to minors is a vital public health effort. However, the penalties associated with underage sale vary depending upon the seller's occupation or location. While servers and bartenders have administrative penalty options that are a component of the mandatory alcohol server training, store clerks do not and instead receive a citation for a gross misdemeanor.
The likelihood that these charges are filed varies by county, leaving some with no penalty at all, and others with a criminal record that may hamper their ability to find another job.
The legislature finds that retaining the criminal penalty is warranted in cases of intentional or repeat sales to minors. However, the legislature also finds that adding the option for administrative penalties would harmonize the penalties for store clerks with restaurant servers, and for store clerks found to have sold tobacco products to minors. The legislature therefore finds that enabling the ability for the liquor and cannabis board to issue administrative penalties and creating an escalating schedule of monetary fines, would reduce geographic disparities as well as reducing the number of people with criminal records. The legislature further finds that this would not harm public health or expand youth access." [ 2024 c 71 s 1.]
Intent—2013 c 112: "The legislature intends to save lives by increasing timely medical attention to alcohol poisoning victims through the establishment of limited immunity from prosecution for people under the age of twenty-one years who seek medical assistance in alcohol poisoning situations. Dozens of alcohol poisonings occur each year in Washington state. Many of these incidents occur because people delay or forego seeking medical assistance for fear of arrest or police involvement, which researchers continually identify as a significant barrier to the ideal response of calling 911." [ 2013 c 112 s 1.]
Severability—1987 c 458: See note following RCW 48.21.160.
Minors, access to tobacco, role of liquor and cannabis board: Chapter 70.155 RCW.

catchline: Furnishing liquor to minors—Possession, use—Penalties—Exhibition of effects—Exceptions.


title: RCW 66.44.280

text:
Every person under the age of twenty-one years who makes application for a permit shall be guilty of an offense against this title.
[ 1955 c 70 s 3. Prior: 1935 c 174 s 6(2); 1933 ex.s. c 62 s 37(2); RRS s 7306-37(2).]

catchline: Minor applying for permit.


title: RCW 66.44.290

text:
(1) Every person under the age of twenty-one years who purchases or attempts to purchase liquor shall be guilty of a violation of this title. This section does not apply to persons between the ages of eighteen and twenty-one years who are participating in a controlled purchase program authorized by the *liquor control board under rules adopted by the board. Violations occurring under a private, controlled purchase program authorized by the *liquor control board may not be used for criminal or administrative prosecution.
(2) An employer who conducts an in-house controlled purchase program authorized under this section shall provide his or her employees a written description of the employer's in-house controlled purchase program. The written description must include notice of actions an employer may take as a consequence of an employee's failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase.
(3) An in-house controlled purchase program authorized under this section shall be for the purposes of employee training and employer self-compliance checks. An employer may not terminate an employee solely for a first-time failure to comply with company policies regarding the sale of alcohol during an in-house controlled purchase program authorized under this section.
(4) Every person between the ages of eighteen and twenty, inclusive, who is convicted of a violation of this section is guilty of a misdemeanor punishable as provided by RCW 9A.20.021, except that a minimum fine of two hundred fifty dollars shall be imposed and any sentence requiring community restitution shall require not fewer than twenty-five hours of community restitution.
[ 2003 c 53 s 301; 2001 c 295 s 1; 1965 c 49 s 1; 1955 c 70 s 4. Prior: 1935 c 174 s 6(1); 1933 ex.s. c 62 s 37(1); RRS s 7306-37(1).]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Minor purchasing or attempting to purchase liquor—Penalty.


title: RCW 66.44.292

text:
The Washington *state liquor control board shall furnish notification of any hearing or hearings held, wherein any licensee or his or her employee is found to have sold liquor to a minor, to the prosecuting attorney of the county in which the sale took place, upon which the prosecuting attorney may formulate charges against said minor or minors for such violation of RCW 66.44.290 as may appear.
[ 2012 c 117 s 292; 1981 1st ex.s. c 5 s 23; 1965 c 49 s 3.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.
Effective date—1981 1st ex.s. c 5: See RCW 66.98.100.

catchline: Sales to minors by licensee or employee—Board notification to prosecuting attorney to formulate charges against minors.