Accomplishments

SB 5002: .05 BAC Bill

WWI worked alongside the Washington Hospitality Association to educate lawmakers on the harm SB 5002 would cause to industries including wine, beer, and hospitality. This bill would have lowered the State of Washington’s legal blood alcohol concentration (BAC) level for driving from .08 to .05. It failed to receive a vote by the full Senate. While SB 5002 stalled for the 2023 session, we expect a .05 BAC bill to be considered during the 2024 session. WWI asks all of our members’ support as we continue to get stronger and better equipped to push back as your Association. For any questions or support with membership needs, including dues, contact our Membership and Programs Manager Marie Schurk at marie@wwi.wine.

Bills WWI Helped Deliver to the Governor

SB 5448: Wine Delivery & Takeout/Outdoor Seating

This bill extends Covid-era allowances that we helped get passed in 2021 of cocktails to go for restaurants, wine home delivery, and takeout until July 1, 2025 for wineries and wine restaurant licensees that have obtained the specific LCB endorsement. This bill includes a second component which makes permanent the outdoor seating allowances that we accomplished in 2021. We will continue to define and push this rulemaking forward in regards to the use of demarcations instead of barriers in both public and private spaces. At this time, the only licensees that could use demarcations are restaurants.

HB 1258: Tourism Marketing Funding

BILLS WWI HELPED DELIVER TO THE GOVERNOR

HB 1480 – WWI worked alongside the restaurant/hotel and craft beer industry lobbyists to draft, amend, and pass one of the more complex and meaningful pieces of alcohol legislation of the 2021 session in HB 1480. The bill created legal allowances for cocktails to go, wine by the glass to go, curbside service, home delivery, and modernizing outdoor seating allowances, and many other sales privileges through 2023. We will be back with Hospitality and the WA craft brewers to push for permanence on all the allowances allowed in HB 1480 in 2023.

HB 1289 – the 18–20-year-old production work bill. With the passage of this bill, 18–20-year-olds are now allowed to work in the production area of a winery facility as long as there is a 21+ employee present. This is an exciting workforce development effort to allow younger viticulture and enology graduates and other employees within a winery get experience and hands on learning of wine production to understand if this is a profession they want to enter.

SB 5172 – Ag OT and safe harbor from lawsuits. The legislature removed the long-standing exemption for the Agriculture industry on Overtime pay rules and instituted a three year phase in for the new required level of pay up to at least current 1 1/2x pay similar to the rules other industries currently have in place. . Frustratingly the Legislature did not include a seasonality provision recognizing how seasonal farming is in practice that several other states did recognize by including such an exemption for a specific amount of time. In WA, the Agriculture industry is asking for up to 12 weeks for the exemption to allow us to provide employment to as many seasonal labor workers who rely on these jobs as possible.

SB 5272 – One year pause on alcohol licensing fees – To help alcohol licensees across the state struggling through the pandemic, the Legislature adopted a one year pause on licensing fees for all WSLCB licensed businesses.

$12 Million Budget Appropriation for Tourism Marketing and Promotion: WWI worked alongside tourism and hospitality leaders during the 2021 session to secure a historic amount of tourism funding for Washington State to inject a meaningful amount of money into promoting tourism in Washington State at a time our wine industry, hospitality overall, and state need it the most due to the pandemic and the devasting losses incurred by loss of tourists spending in our local communities throughout the state.

SB 5061 – Unemployment Insurance relief due to the employment losses during the pandemic-related shutdowns throughout the state

TAXES/REGULATION

WWI successfully protected our industry from any new taxes or regulations being placed on the industry during the 2020 Legislative Session.

DELIVERED TO THE GOVERNOR

WWI authored legislation head to the Governor’s Desk:

SB 6392: Creating a local wine industry association license

We want to say a huge THANK YOU to Senator Kevin Van De Wege, our prime sponsor of SB 6392. His leadership and drive to get the bill done was invaluable.  SB 6392 creates a new retail alcohol license for local wine associations so our regional wine marketing non profits can put on events and execute local wine marketing programs (ex: wine passports) in a legal and efficient way.

Other bills headed to the Governor’s desk:

SB 6095: Allowing common carrier activities not prohibited under the three-tier system

This bill supports the Alaska Airlines Wine-Flies-Free Program among other promotional opportunities with airlines, cruise ships, and trains that cross state line. Interstate common carriers can now legally partner with local wineries, breweries, distilleries, and distributors to do cross-tier advertising and partnerships (ex: Alaska Airlines plane ticket stub used to get tastings of wine at local wineries around the customer’s destination).

SB 5006: Allowing, in a limited amount, Washington wine to be sold at a craft brewery and Washington beer to be sold at a winery and satellite tasting rooms

This new law creates an on-premises endorsement for a licensed domestic winery to sell beer, produced in Washington, by the single serving for on-premises consumption and licensed domestic brewery or microbrewery to sell wine, produced in Washington, by the single serving for on-premises

The holder of the endorsement is limited to three offerings of beer for a domestic winery and three offerings of wine for a domestic brewery or microbrewery.

TAXES/REGULATION

WWI successfully protected our industry from any new taxes or regulations being placed on the industry during the 2019 Legislative Session.

DELIVERED TO THE GOVERNOR

SB 5394: Concerning liquor licensees’ use of social media and website to promote events

WWI helped draft, introduce, and push SB 5394 to become law alongside our partners at the WA Brewers Guild. SB 5394 does three important things that should simplify and make legal our ability to utilize our social media accounts and winery websites to promote events where our wine is being featured and allow us to help make that event successful. Currently, a winery is not allowed to advertise for a retailer’s event, as current law treats such advertising as “money’s worth” and we cannot give something of value to a licensee in a different tier of our alcohol system. SB 5394 does the following:

1. Modernizes state law so a brewery, winery, distiller or distributor may use their websites and social media accounts for online promotion of events held at another retailer’s licensed premise. Ex: brewer nights and tap takeovers, winemaker dinners, distiller nights and special occasion licensed events (non-profit charity events) taking place at a location other than a brewery, winery or distiller’s own premise
2. Allows manufacturers and distributors to link to ticket sales for events held by a retailer of their product, including events benefiting non-profits
3. Prohibits paid boosts of posts to provide consistency with laws against paid advertising for a retailer

HB 1563: Concerning liquor-related privileges of students enrolled in certain degree programs

Our Class 15 permit (known as taste and spit) exists to allow 18-20-year-old students in our higher education viticulture and enology programs to experience the diversity and complexity of wine through a highly regulated taste-and-spit experience. Those higher education institutions utilizing the Class 15 permit have proven themselves responsible in the use of this privilege and have reached a place where improving the permit can be done in the right way to take our accredited grape growing and winemaking programs to a higher level. HB 1563 improves the Class 15 permit in two important ways:

1. The bill specifies that under the existing Class 15 permit, the enrolled student may taste the alcoholic beverages either: (1) On the premises of the college or university at which the student is enrolled; or (2) While on a field trip to a grape-growing area or production facility so long as the enrolled student is accompanied by a faculty or staff member with a class 12 or 13 alcohol server permit who supervises and all other requirements that normally apply to the Class 15 permit tastings are met.
2. The bill provides that licensees holding a domestic winery license may allow interns who are between the ages of 18 and 21 years old to engage in wine-production related work at the domestic winery’s licensed location, so long as the volunteer is enrolled as a student at a community or technical college, regional university, or state university with a Class 15 permit, and in a required or elective class as part of a degree program identified in the Class 15 permit authorizing statute.

HB 1672: Recorking of wine by a winery or tasting room

HB 1672 simply allows wineries to recork wine-to-go purchased by a customer at both the winery and tasting room locations. Wineries have been doing this for years as a safety and consumer-friendly option, and we are glad to see it going into law within our domestic winery license allowances.

Taxes/Regulation

WWI successfully protected our industry from any new taxes or regulations being placed on the industry during the 2018 Legislative Session.

Delivered to the Governor

HB 2517: Concerning Penalties for Alcohol Manufacturers Who Have Committed Violations as Part of Their Ancillary Activities
HB 2517 protects every winery’s business model by separating any violations that happen in the retail side of the winery from the wholesale and manufacturing activities. The new law redefines retailing activities where manufacturers are interfacing with the public as “ancillary activities,” charges the Liquor & Cannabis Board with adopting a penalty schedule for violations incurred while performing ancillary activities, makes it clear that these penalties may not include the suspension or revocation of the winery license and thereby allows the winery to continue shipping and manufacturing wine in the event of a violation from a retail transaction.

HB 2699: Exempting Alcohol Manufacturers from the Food Storage Warehouse License
HB 2699 exempts alcohol manufacturers and distributers licensed under RCW 66.24 from the WSDA issued food storage warehouse license, removes a $200 annual cost on any winery storing wine offsite that is agreed between WSDA and the industry to not be necessary, and states that the exemption only applies if alcohol is the only product being stored in the warehouse.

SB 5251: Reigniting Statewide Tourism Marketing and Promotion
Until 2018, Washington State was the only state in the nation without a statewide tourism marketing effort. A large and passionate coalition of impacted industries, including WA wine, pushed for the past seven years to create a new approach that would stay in place when future state budget cuts take place (which is how we lost our first state tourism office in 2011). We are proud to be part of helping get SB 5251 to the Governor’s desk this year. The bill creates a private/public partnership that will reignite our statewide tourism marketing, installs a funding mechanism of a 2-to-1 private-to-public match, creates a new board of directors to collectively lead on Washington State’s tourism marketing decisions, and finally (and importantly for our industry) the bill has specific language that requires this new board to focus tourism marketing on rural economies, where many of our wineries are located.

Taxes/Regulation

WWI successfully protected our industry from any new taxes or regulations being placed on the industry during the 2017 Legislative Session

Delivered to the Governor

SB 1718 – Nonprofit Private Auction Permit
Creates a new permit allowing for nonprofits to host private wine auctions where Washington wine may be auctioned off to the highest bidder. Retailers, private collectors, and individuals from around the country are examples of those who may participate in the auction. Wine that is part of the auction may be sampled by attendees. This bill is a huge help to all of our regional wine associations, The Auction of Washington Wines, and other nonprofits who have struggled in past years with an intense amount of paperwork required with the past approach to hosting these events.

HB 1038 – Increasing the number of remote tasting room locations per domestic winery license
Increases the number of allowed remote retail tasting room locations (outside of the winery location) for a domestic winery licensee from 2 to 4 locations.

Taxes/Regulation

WWI successfully protected our industry from any new taxes or regulations being placed on the industry during the 2016 Legislative Session

Delivered to the Governor

SB 6470 – Modifying special occasion license permits, allowing sales of private collections of wine
Creates in state statute the allowance for wineries to take orders and collect payment while participating in special occasion licensed events (charity/nonprofits). SB 6470 also legalizes the ability for an individual to sell a collection of wine to another individual or licensed retailer (if that retailer’s licensed allows such a purchase).

HB 1763- Regulating music licensing companies
Provides a new level of transparency and appropriate business practices/behavior for music licensing companies (BMI, ASCAP, SESAC) and agents working on behalf of the licensing company.

Delivered to Governor:

ESSB 5596- Winery off premise private event permit (WWI legislation)
Establishes a new permit for wineries that will allow for off-premise, private events where a winery may deliver previously sold wine, provide tastings of their wine, and sell wine for off premise consumption. The permit costs $10, must be applied for 10 days prior to the event, and is capped at 12 permits per winery each calendar year.

SB 6057 – B&O tax incentive extension for food processors (WWI Priority Legislation)
Extends a B&O tax incentive till 2025 for food processors’ (wine among others) sales made outside of Washington State.

HB 1004 – Allowing wine tastings by students
Allows for student tasting of wine 18-21 years old at state and regional universities (joining community and technical colleges) that are in a viticulture or enology program. Students in a sommelier or wine business class that are 18 years and older are also authorized to taste wine under this new privilege.

SHB 1124 – Providing samples of wine or beer for on premise licensees
Allows on premise licensees (ex: restaurant) to provide a free, 2 oz sample (not to exceed 6 oz total) of wine or beer when requested by a patron 21+ years old.

Delivered to Governor:

SHB 1742- Growlers of wine
Allowed a domestic wineries to sell wines of their own production at their winery or tasting room in sanitary containers (growlers) filled at the tap by the seller.

ESHB 2680-Caterer’s License
Established a new caterer’s license that allows the holder of the license to take orders for, serve and sell spirits, wine and/or beer in any part of the licensed premise, if the event location does not already have a permit to sell liquor. There is an annual license fee of $200 for wine, $200 for beer or $1,000 for wine, beer and spirits.

ESSB 5045-Wine or Beer in Day Spas
Created a permit that would allow a day spa to serve one glass of wine or one beer, free of charge. Defined day spa as a business that offers at least three of four types of services: hair care, nail care, skin care and body care. The fee for the permit is $125 per year.

SB 5310- Senior Center License
Created a liquor license for nonprofit senior centers to sell spirits, beer and wine at retail for on premise consumption. The fee for the license is $250.

Here are the priority bills that passed the 2013 Legislative Session and were signed by the Governor:

• Senate Bill 5674 – Expanded the Farmer’s Market Wine/Beer Sampling Program
• Senate Bill 5774 – Authorized students under the age of 21 to “taste” wine in Community College (2 year) viticulture and enology programs
• Senate Bill 5517 – Removed the 50% requirement for grocery sales for a wine and beer tasting endorsement
• Senate Bill 5607 – Created a beer, wine and spirits theater license, allowing certain small theaters to serve alcohol
• House Bill 1001 – Created a wine and beer theater license for theaters with up to four screens.