COVID-19 Update: Alcohol Deliveries and To-Go Orders for Washington Breweries, Distilleries and Wineries (Updated March 19, 2020)

This Stoel Rives Client Alert has been updated with new guidance issued by the Washington State Liquor and Cannabis Board (“WSLCB”) on March 17^th, 2020.

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On Monday, March 16^th, 2020, Governor Jay Inslee issued a statewide emergency proclamation ordering a statewide closure of all on-site food or beverage services, including on-site and off-site brewery, winery, and distillery taprooms and tasting rooms. Washington producers may continue their production operations, but in-person tastings, dining, and events will be prohibited until at least the end of March. On Tuesday, March 17^th, 2020, the WSLCB issued guidance confirming that Washington breweries, distilleries and wineries may temporarily offer curbside pickup in addition to delivery services directly to consumers. In this alert Stoel Rives’ beverage attorneys explain how Washington producers can sell alcohol beverages “to-go” or offer delivery services.

Producer To-Go Sales

Licensed producers of beer, cider, distilled spirits and wine may continue to sell their alcohol beverage products for off-premises consumption directly to consumers at the licensed premises, provided that the business follows the Governor’s statewide guidance for social distancing in retail stores, which includes ensuring adequate environmental cleaning of stores and designating an employee or officer to implement a social distancing plan for the business. In-store tastings are not permitted. Taprooms and tasting rooms that sell food may provide take-out services of food and alcohol beverages.

Curbside Pickup Service

WSLCB’s new guidance temporarily allows Washington producers to provide curbside service to customers who order their products online or over the phone. For example, a brewery may sell growlers to customers at curbside. If you would like to offer this service, you may complete this “Temporary Delivery and Curbside Service Form” and email it to Merwil.guzman@lcb.wa.gov or contact a Stoel Rives beverage attorney for assistance. The state’s license fee to add the endorsement is $120, but the fee is deferred at this time (WSLCB to confirm due date). Local Authority approval of the temporary endorsements is required, and WSLCB is working with Local Authorities to expedite these requests. No investigation is required, but the Local Authority may take up to 20 days to respond to the request.

Here is what you need to know for complying with curbside pickup service regulations for alcohol:

• Orders cannot be provided through a drive-through or pass-through window.
• Orders must be delivered by an employee to a vehicle parked in the designated pickup area.
• Employees delivering orders to the customer’s vehicle must be at least 18 years of age and be trained on verifying ID, recognizing signs of intoxication, and preventing youth access.

Internet Sales and Deliveries

In addition to making to-go sales, any licensed brewery, distiller or winery is allowed to make phone and internet sales and deliveries of beer, cider, distilled spirits or wine (including through food delivery apps) after notifying the WSLCB in writing of the desire to engage in internet sales.

If have not already notified WSLCB that you intend to make sales over the internet or make deliveries, you may complete this “Added Activities Form” and email it to Merwil.guzman@lcb.wa.gov or contact a Stoel Rives beverage attorney for assistance. The state’s license fee to add the endorsement is $120, but is deferred at this time (WSLCB to confirm due date). Local Authority approval of the temporary endorsements is required, and WSLCB is working with Local Authorities to expedite these requests. No investigation is required, but the Local Authority may take up to 20 days to respond to the request.

Here is what you need to know for complying with delivery service regulations for alcohol:

• Deliveries must come directly from the licensed premises.
• Alcohol must be factory sealed in bottles, cans or other like packaging.
• Deliveries may only be made to an address recognized by the U.S. Postal Service.
• Deliveries can be made every day between the hours of 6:00 a.m. and 2:00 a.m., and must be fully completed by 2:00 a.m.
• A delivery person must verify the age of the person accepting delivery before handing over alcohol and cannot deliver to any person who shows signs of intoxication.
• Producers must keep adequate records of alcohol deliveries.
• A private carrier making deliveries on your behalf must obtain the signature of the person receiving the alcohol delivery.

If you have any questions about alcohol sales or deliveries, please contact us.