HB 1039 — Allowing sales of growlers of wine.

H-4011.1SECONDH-0169.1HOUSE SUBSTITUTE HOUSE BILL 1039State of Washington65th Legislature2018Legislature2017 Regular SessionBy House Commerce & Gaming (originally sponsored by Representatives Wylie, Condotta, Johnson, Haler, and Fey)READFeyPrefiled FIRST12/13/16. TIME 01/26/18.AN ACT Relating to allowing sales of growlers of wine;

andRead amendingfirst RCW 66.28.360.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 66.28.360 and 2017 c 8 s 2 are each amended to read as follows:(1) Except as otherwise provided in this section, 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 of01/09/17. sale may similarly sell cider ((and)), mead, and other wine, except fortified wine to a purchaser in such a container, subject to subsection (2) of this section.

NothingReferred in this section relieves a licensee from complying with federal law.(2) Any mead sold pursuant to thisCommittee sectionon mustCommerce have& anGaming.AN alcoholACT contentRelating equal to orallowing lesssales thanof fourteengrowlers percentof alcoholwine; by volume.(3) This section does not apply to:(a) Grocery stores licensed under RCW 66.24.360;(b) Hotels licensed under RCW 66.24.590;

or(c)and Aamending club with overnight sleeping accommodations licensed under RCW 66.24.40066.28.360.BE andIT chapterENACTED 70.62BY RCW.(4)THE TheLEGISLATURE sanitaryOF containersTHE usedSTATE forOF theWASHINGTON:Sec. 1.  RCW sale66.28.360 ofand wine2014 otherc than54 ciders may1 notare exceedeach aamended netto volumeread ofas morefollows:(1) thanLicensees oneholding thousandeither fivea hundredlicense milliliters.(5)that Thepermits barrel, keg, or othera bulklicense containerwith ofan wineendorsement usedthat forpermits the fillingsale of sanitarybeer containersto ata thepurchaser tapin may not exceed a netcontainer volumesupplied ofby sixtythe Unitedlicensee States gallons.(6) A barrel, keg, or othera bulksanitary container ofbrought wineto used in the fillingpremises ofby the sanitarypurchaser containersand filled at the tap at the time of sale mustmay havesimilarly asell labelcider affixedand byother the wine producerexcept explicitlyfortified statingwine thatto itsa contentspurchaser mayin be used for the filling of sanitary containers at the tap at the time of sale, or equivalent language expressly permitting such use.a container.

Barrels,Nothing kegs,in orthis othersection bulkrelieves containersa oflicensee winefrom thatcomplying dowith notfederal havelaw.(2) theFor labelingpurposes requiredof under this subsectionsection, may"cider" nothas be used for the purposesame ofmeaning fillingas sanitaryin containersRCW at66.24.210(6).--- theEND tap--- at the time of sale.

The requirements in this subsection do not apply to bulk containers of cider.(7) The filling of sanitary containers may only be done by the licensee or an employee of the licensee, and any licensee or employee involved in such activity must have an alcohol server permit as required under RCW 66.20.310.(8) Before filling the sanitary container, the licensee must visually inspect the container and may not fill any container that appears to be cracked, broken, otherwise damaged or unsafe, or that cannot be securely sealed after filling.(9) The sanitary container may be filled with only one variety of wine from a single wine producer and may not be blended with another wine or otherwise adulterated in any way.(10) The equipment used by the licensee related to the filling of sanitary containers must:(a) Be maintained and sanitized in accordance with state and local health requirements;(b) Be behind a counter or otherwise accessible only by the licensee, and/or be fitted with locking mechanisms that prevent use by anyone other than the licensee;(c) Be owned and maintained by the licensee and cannot be provided to the licensee by a wine wholesaler and/or supplier.(11) 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.(12) The board may adopt rules necessary to implement this section.--- END ---