Member Login
Thursday, January 25th, at 8 a.m. the House Community Safety, Justice, and Reentry Committee will be hearing a bill identical to the one currently in the Senate that lowers the allowed blood alcohol concentration threshold for someone to be arrested of a DUI from .08 to .05. Of our 50 states, only Utah has a similar law. In 2023, the Washington Wine Institute joined other hospitality industries in strongly opposing this bill. For this session, we will once again be in strong opposition and testifying in committee next Thursday to all of the reasons why this will harm Washington wineries while not solving the problem of DUIs and traffic fatalities. We welcome our WWI members to join us in our effort to push back against this policy proposal by signing in “Con” on HB 2196 prior to Thursday’s hearing. The process is simple, takes only a minute and helps our work on this issue tremendously. You can have your voice heard in the process by clicking here and letting the House Committee know you are opposed to HB 2196.
WWI News
WWI Testifies before WSLCB on Outdoor Seating and MAST 13 Rules
WWI testified before the Washington State Liquor and Cannabis Board January 17 on rulemaking we’ve engaged in over 2023 pertaining to alcohol to go/outdoor seating and MAST 13 rules initiated from the passage of SB 5448 in last year’s legislative session.
 |
We are using this rulemaking opportunity to push hard for updated rules that will modernize outdoor seating/service for all on-premises liquor licensees and increased allowances for MAST 13 (18-20 year old) workers. |
These include:
-Improvements and changes to the rules that will ensure all on-premises licensees are clearly authorized to utilize more modern, barrier-free outdoor alcohol service.
-Streamline outdoor service rules so instead of two, complex sets of rules (public vs privately owned areas) all licensees are given one simple-to-understand-and-implement flexible rules based on each business’ desired approach to setting up their outdoor service area.
-Allow Class 13 MAST permit holders, in areas not restricted to minors, to open and pour wine and beer from bottles or cans, away from the table in the same manner they are permitted to do so at the table.
We have met with all three WSLCB Board Members as well as WSLCB licensing and policy staff advocating for these improvements to our outdoor service and MAST 13 rules. We are making some progress, and we remain hopeful of final outcomes that truly do modernize the rules. We will keep our members apprised of this work as it continues forward.
WWI 2024 Legislative Session Preview
The Washington Wine Institute (WWI) is preparing for the legislative session beginning January 2024, paying close attention to current pain-points and issues that Washington wineries are facing.
.05 BAC Bill: A bill to lower the legal blood alcohol concentration (BAC) for driving from .08 to .05 (SB 5002) was introduced during the 2023 legislative session and died in the Senate, however, we expect a .05 BAC bill to be considered during the 2024 session. We are currently working with the Washington Hospitality Association and Brewers Guild to create messaging around this bill and the harms it could cause to the wine, beer and other hospitality industries. We need the support of Washington wineries and are asking for your membership to help ensure all of our voices are heard in advocating for the industry and focus on creative solutions to address drunk driving in a way that would not harm hospitality businesses around the state. We also ask for our members’ continued support and appreciate their input on this bill and its potential impacts to small businesses during the 2024 legislative session.
Extended Producer Responsibility (EPR): Known in Olympia as the WRAP Act, this legislation would require all businesses that sell (almost) anything in Washington State to be responsible for the end-use of their packaging material used. For WA wineries, the focus is on what happens to our glass and to a lesser extent cardboard.
If our state is going to overhaul our entire waste system and ask all industries to pay for these massive changes, we need a system proven to work vs. one created for us by Ecology. WWI is focused on an approach similar to Oregon’s current bottle deposit program tailored to work for Washington State. Ideally, a system that aligns with both CA and OR’s approaches so any cost and labeling needs do not require changes just for WA.
California Bottle Bill education: A change in wine bottle labeling requirements is impacting wineries that sell wine to California, starting July 1, 2025. The California Beverage Container Recycling and Litter Reduction Act, known as the California bottle bill, adds wine bottles to the Beverage Container Recycling Program, requiring recycle value messaging and some sort of state identification on labels. This means that a Washington State winery that ships any amount of wine to California, whether it be wholesale or through wine club/online wine shop/similar DTC, must comply with the new California bottle bill law when the requirements go into effect. WWI is paying close attention to these upcoming changes to help Washington wineries feel prepared throughout this process as the program is quickly approaching with a start date of January 1, 2024, though the deadline for updated labels is July 1, 2025. WWI will continue to share any educational resources with members and feature any relevant speakers on this topic during our 2024 Annual Membership Meeting.
Outdoor seating modernization/MAST 13 Permit Allowances: WWI is actively engaged in rulemaking to recommend updates to outdoor seating allowances for wineries after SB 5448 was signed into law following the 2023 legislative session. These recommendations to the LCB are part of the larger rulemaking effort to implement SB 5448, focus on changes to WAC 314-03-205 that currently allows on-premise licensees to have access to demarcations instead of permanent barriers if seating is located in a public space. Recommendations include:
– improvements and changes to the rules that will ensure all on premise licensees are clearly authorized to utilize modern, barrier-free outdoor alcohol service
– simplification of rules to allow both privately and publicly owned spaces the use of demarcations instead of permanent barriers
The other part of this rulemaking involves incorporating new MAST 13 permit holders (18-20 year olds) allowances temporarily provided by the LCB during COVID-era operations, specifically in regards to allowing these employees to pre pour flights and glasses of wine away from the table. Many WWI members encouraged us to pursue a permanent solution, and we are happyto report the LCB is actively working with us on this solution. If successful, these new allowances will be in place in early 2024. Stay tuned!
We will continue to keep WWI members informed on the work being done in regard to these issues and opportunities to provide feedback. A huge thanks to all of our members for their ongoing support. We look forward to hearing from you in preparation for the 2024 legislative session and encourage any Washington wineries that would like their voice heard to sign up for WWI membership and add to our unified industry voice and strength in Olympia.
California Bottle Bill Begins January 2024
Starting January 1, 2024, the California Beverage Container Recycling Program will expand to include wine and distilled spirits. The California Beverage Container Recycling and Litter Reduction Act, known as the California Bottle Bill, will require updated labels for all wine bottles which include recycle value messaging and some sort of state identification. The program will also require bottles refunds, mandatory recycling and reporting.
Even out-of-state wineries that sell wine in California must register for the program. If the winery sells through a wholesaler, then the process starts with the wholesaler. If the winery sells DtC, then the bottle bill states that the direct shipper permit holder is considered the beverage manufacturer and distributor.
– California-Based: California wineries and distilleries, and importers of wine or spirits into California, will need to register as a “beverage manufacturer.” They will also need to register as a “distributor” if they sell to retailers (whether on-sale or off-sale), restaurants, bars, or directly to consumers.
– Out-of-State: Out-of-state wineries and distilleries with a California Wine Direct Shippers Permit, and that sell directly to California consumers, will need to register as a “beverage manufacturer” and a “distributor.”
Click here to find out what you need to do and for the link to register with CalRecycle as soon as possible for monthly payment and reporting requirements.
Please note there are two different start dates for what the new Bottle Bill requires of your winery.
– CalRecycle Registration and Processing Fee Start Date: January 1, 2024
– CRV Statements on Bottles Start Date: July 1, 2025
The Washington Wine Institute is hosting a webinar with law firm Foster Garvey to cover Bottle Bill requirements for Washington State wineries in January. Please be on the lookout for information on registering for this webinar in your email soon.
New Website Resources for WWI Members
Sorry, but you do not have permission to view this content.
To view this page, please visit our Member Signup page to register or email Membership and Programs Manager Marie Schurk at marie@wwi.wine.
WWI Request for Examples: Emergency Events Impacting Wineries
Has your winery or tasting room ever been forced to temporarily shut down or in a situation where customers can’t reach your location due to a natural or man-made event? WWI members as well as legislators reached out to us this past year asking if there are any options to help those wineries impacted by such real-life situations this year, and we are taking these inquiries directly to the Washington State Liquor and Cannabis Board (LCB) asking them to partner with us towards a long-term solution for these situational events, including a nearby wildfire, long-term power outage, flooding, gas leak, etc.
The LCB has asked us for help in detailing more examples of when this type of temporary closure took place in past months and years. So, we would like to hear from you! Sharing your experience helps us provide examples to the LCB in helping determine best approaches for a possible solution to provide impacted wineries with an option to temporarily sell wine at a location not of their own production. We appreciate all of your input and your stories will help strengthen our ability to find success in these conversations with LCB.
Message Washington Wine Institute
Growing Concern of TTB Closure during Potential Government Shutdown
As disagreement in Congress remains over federal government funding, there is growing concern the Alcohol and Tobacco Tax and Trade Bureau (TTB) could face closure during a potential government shutdown as early as October 1, 2023. The Washington Wine Institute would like to remind Washington State wineries to prepare in the event Congress does not reach an agreement in time to avoid a full federal government shutdown.
To be extra cautious, WWI is urging wineries to file any mandatory applications for labels, permit amendments, export certificates and other TTB needs prior to September 30. Under a government shutdown, the TTB would be closed except for very limited activities related to the protection of life and property. For more information, click here to read Wine Institute‘s news alert.
WWI Working to Help Modernize Outdoor Seating Rules for Wineries
The Washington Wine Institute (WWI) submitted comments to the Washington State Liquor and Cannabis Board (LCB) recommending updates to outdoor seating allowances for wineries after SB 5448 was signed into law following the 2023 legislative session. WWI comments to the LCB, which is a part of the larger rulemaking effort taking place now to implement SB 5448, focuses on changes to WAC 314-03-205 that currently allows on-premise licensees to have access to demarcations instead of permanent barriers if seating is located in a public space. These include:
|
• Improvements and changes to the rules that will ensure all on premise licensees are clearly authorized to utilize more modern, barrier-free outdoor alcohol service. |
|
• Simplifying the rules to allow for both privately and publicly owned spaces the use of demarcations instead of permanent barriers for outdoor service. |
|
• Allowing for licensees to share outdoor areas with non-licensees, provided the non-licensee acknowledges they may be held equally responsible for any liquor law violations. |
This rulemaking work is in the first phase of the LCB’s process, known as a CR 101, and we expect to work directly with their team on rule language up to the next step in the process (CR 102) when draft rule language is released for comment. We will keep our members informed on how this work is coming along and opportunities to provide comment on the draft rules when that window of time opens this fall.
Guidance on Cloud Storage for Required LCB-Related Business Records
The Washington State Liquor and Cannabis Board (LCB) has determined best practices and requirements for cloud storage recordkeeping for all liquor, vapor, tobacco and cannabis licensees. On June 21, 2023, the LCB withdrew CR-101 (Preproposal Statement of Inquiry) WSR 23-04-027 that considered rulemaking to allow cloud storage recordkeeping. After further review, a determination was made that the rule filing was not necessary, and that formal guidance is more appropriate.
All licensees may use digital/electronic formats (i.e., cloud storage) to maintain records that are required to be kept on the licensed premises per Title 314 WAC; if the following requirements are met:
Best Practices:
For questions, please email rules@lcb.wa.gov.
WWI Engaged in MAST 13 Permits Rulemaking
The Washington State Liquor and Cannabis Board (LCB) is considering amending WAC 314-17-015 as necessary to allow Class 13 Mandatory Alcohol Server Training (MAST) permit holders, in areas not restricted to minors, to open and pour beer and wine from bottles or cans, away from the table in the same manner they are permitted to do so at the table. The Washington Wine Institute is engaged in the rulemaking process after submitting a petition in November 2022 to amend 314-17-015.
Preproposal Statement of Inquiry
Withdrawal of a Preproposal Statement of Inquiry
In conjunction with this rulemaking, the LCB is also considering creating new rule sections in Title 314 WAC as necessary to implement SSB 5448, chapter 279, Laws of 2023. SSB 5448 currently allows wine delivery and takeout privileges.
Notice of Pre-Proposal Statement of Inquiry
CR 101 filed as WSR 23-15-116 on July 19, 2023
The LCB encourages your input about this rulemaking. Please send your comments to the LCB through mail, email, or fax by August 21, 2023. Proposed rules are anticipated to be filed on or after September 12, 2023, following collaborative rule development.
|
By mail Rules Coordinator Liquor and Cannabis Board P.O. Box 43080 Olympia, WA 98504-3080 |
By email rules@lcb.wa.gov |
By fax 360-704-5027 |