Category: WWI News

On March 11th, the Governor announced that on Monday, March 22, the entire state will move to Phase 3 of his Healthy Washington reopening plan.

During Phase 3, wineries and tasting rooms are permitted to offer on premise service at 50% capacity. Physical distancing and masking protocols must still be enforced. Additionally, alcohol service must end at midnight, and there is still a minimal food requirement for indoor service (see below). Additional information including table size will be released next week, and we will share the full guidance as it becomes available. 

The 50% capacity allowance is for up to 400 people maximum. Larger venue events, including baseball games and other sports, are capped at 25% occupancy or up to 9,000 people, whichever is less

Healthy Washington Phase 3 Reopening Metrics

Under the updated plan, the metrics of counties, not regions, will be individually evaluated every three weeks. The evaluations will occur on Mondays with any possible changes taking effect Friday. Large and small counties will have different sets of criteria, as seen below. If any county fails one or more of the metrics below, that county will move down one phase.

We are very pleased to report that HB 1480, which would codify and extend the timeline for the LCB’s temporary COVID-19 sales allowances like curbside service for wineries, cleared the House yesterday by a vote of 86 – 12. We are also thrilled we were able to amend the bill to include allowing restaurants to sell wine by-the-glass to-go. This bill is a high priority for WWI and for our partners in the restaurant and beer industries.

The bill is necessary so that licensees can continue curbside, beer/wine/spirits to go, deliveries, and other COVID-19 related allowances. While the LCB has been a fantastic partner in allowing this flexibility since last March, this bill gives these policies needed backing in state law. The bill will now go to the Senate, where it will need to receive another hearing and vote before it can be signed into law.

Beyond HB 1480, we are working on many different bills to help our member wineries, grape growers, and suppliers while also if possible supporting our colleagues in other hospitality sectors. Some of these bills include:

Alcohol Related Legislation

SB 5417/HB 1480: Extending certain privileges granted to liquor licensees to mitigate the impact of the coronavirus pandemic.

HB 1483: Concerning workforce development in the beverage alcohol industry

COVID Hospitality-Related Relief Bills

SB 5061: Concerning Unemployment Insurance (signed into law)

SB 5272: Concerning temporarily waiving certain liquor and cannabis license annual fees (sent to Gov for signature into law)

HB 1095: Removing tax obligations from PPP and other Federal and State COVID 19 pandemic-related grants

HB 1332: Concerning property tax deferral during the COVID 19 Pandemic

HB 1368: Responding to the COVID pandemic through state actions supported by federal funding (signed into law)

HB 1299: Providing B&O tax relief to the hospitality industry

Labor/Taxes:

SB 5172: Concerning the retroactivity of overtime claims in exceptional cases

HB 1285: Modifying the B&O tax exemption for certain fruit and vegetable businesses

Tourism:

We are helping lead an effort to secure a $12 million budget ask that would go to the Washington Tourism Alliance to market Washington State including our wine regions to the country and world. When we are past the pandemic, we want to be hitting the ground sprinting on tourism vs. barely getting by as-is our current level of state tourism funding.

WWI continues to work with coalitions and act in supporting roles on issues related to the wine industry. In addition to the bills highlighted above WWI is engaging on, there seems to be no shortage of business addressing taxes, labor, environment and other. There is a lot going on in this new and very different virtual format of a legislative session! We will continue providing updates as the 2021 virtual session moves along.

Per the Governor’s office, we have learned that food must be made available on-site for indoor service in Phase 2. However, there have been significant changes to the guidance and three meal offerings are no longer required. Snack options (outlined below) and giving customers options to have food brought in or delivered to the winery will now meet the food criteria for indoor service in Phase 2.

Here’s the new food guidance for wineries:

1. Food offerings must be provided on-site by the licensed business to customers, during COVID-19 business operations, until such time as full capacity in licensed locations is allowed.
2. “Food offerings” means a combination of small serving food items to include a mix of hors d’oeuvre type foods, cheeses, fruits, vegetables, deli-style meats, chips, pretzels, nuts, popcorn, crackers, or similar items.
3. Food offerings may be free-of-charge or sold.
4. Food offerings may be prepackaged for individual sale and consumption.
5. Food offerings may be prepared off-site for plating for the customer.
6. Food offerings are not required to have warming, cooking, or heating off-site or on-site prior to service.
7. In addition to the required on-site food offerings, the winery shall post, in a conspicuous place within any tasting room, a list of multiple local restaurants or food trucks where customers can purchase food for consumption in the tasting room. The list shall include names, addresses, contact information, and hours of operation for each restaurant or food truck named.

Puget Sound Region & West Region, as outlined in the map below, are currently in Phase 2 and are therefore permitted to offer indoor service with restrictions at 25% capacity.

At this time, all other regions remain in Phase 1, during which indoor service is not permitted. Outdoor & open air service is permitted during Phase 1, as outlined below.

Healthy Washington: Phase 1 and 2

Under these new phases, the following restrictions are in place for eating and drinking establishments:

Phase 1

1. Indoor service prohibited.
2. Outdoor and Open Air Service: 11pm close, maximum 6 per table, limit 2 households per table.

Phase 2

1. Indoor service: 25% capacity, 11pm close. maximum 6 per table, limit 2 households per table, limit 2 households per table.
2. Outdoor and Open Air Service: maximum 6 per table, limit 2 households per table.

See this chart for all of the restrictions in Phases 1 and 2.

Healthy Washington: Regions

The regions are mostly based on Emergency Medical Services (EMS) regions used for evaluating healthcare services. There are eight regions of four or more counties, divided according to available health care services based on metrics such as hospitalizations, case data and disease mobility.

Every region must meet three of the following metrics before moving to Phase 2, which you can read about in the full plan. The metrics for each region will be updated every other Friday.

The Governor’s Healthy Washington reopening plan divides the state into eight regions and will go into effect January 11. All regions will begin in Phase 1, during which indoor service is still prohibited as outlined below.

Healthy Washington: Phase 1 and 2

Under these new phases, the following restrictions are in place for eating and drinking establishments:

Phase 1

1. Indoor service prohibited.
2. Outdoor service: 11pm close, maximum 6 per table, limit 2 households per table.

Phase 2

1. Indoor service: 25% capacity, 11pm close.
2. Food menu requirements for indoor seated lifted for wineries that allow minors on-premise (bars now defined as 21+ establishments with no food)
3. Outdoor service: maximum 6 per table, limit 2 households per table.

See this chart for all of the restrictions in Phases 1 and 2.

We were successful in getting the Governor’s office to change how a “bar” is defined under this new reopening plan. Moving forward, wineries will belong to the “eating and drinking establishments” group that includes all food and drink industries except those that serve 21+ only and do not serve food.

Healthy Washington: Regions

The regions are mostly based on Emergency Medical Services (EMS) regions used for evaluating healthcare services. There will be eight regions of four or more counties, divided according to available health care services based on metrics such as hospitalizations, case data and disease mobility.

Each region will begin in Phase 1 and must meet the following metrics before moving to Phase 2:

1. Decreasing trend in two-week rate of COVID-19 cases per 100K population (decrease >10%)
2. Decreasing trend in two-week rate new COVID-19 hospital admission rates per 100K population (decrease >10%)
3. ICU occupancy (total — COVID-19 and non-COVID-19) of less than 90%
4. COVID-19 test positivity rate of <10%

To remain in Phase 2, regions must meet at least 3 metrics:

1. Decreasing or flat trend in two-week rate of COVID-19 cases per 100K population
2. Decreasing or flat trend in two-week rate new COVID-19 hospital admission rates per 100K population
3. ICU occupancy (total — COVID-19 and non-COVID-19) of less than 90%
4. COVID-19 test positivity rate of <10%.

The metrics for each region will be updated every Friday. DOH will move eligible regions into a new phase the following Monday.

The Washington State Department of Commerce is now accepting applications for $50 million in Working Washington Small Business grants. This is part of a committed $135 million in new COVID relief effort CARES Act funds announced by the Governor and meant for the most hard-hit industries including the hospitality industry. We have confirmed with the Department of Commerce that Washington wineries are eligible for these grants. Applications received before December 11 will get priority.

NOTE: Businesses that applied for the resiliency grant program will not need to take any action.

Application & Grant Criteria

Priority for grants will be given to:

Small businesses with annual revenues of $5 million or less in 2019.

AND

1. Businesses in the sectors that are most impacted by the recent public health measures as well as businesses in sectors that have experienced significant, cumulative impacts. Examples include full-service restaurants, fitness centers, bowling alleys and music and event venues.
2. Certain nonprofits may also be eligible if they have a primary business activity that falls into a similar category as noted above. Example – a nonprofit full-service restaurant or nonprofit music venue.
3. If Commerce is able to fund all the eligible applicants from the priority pool, and funds remain, we may be able to provide grants to additional businesses or nonprofits from other sectors or who have annual revenues larger than $5 million.
4. The maximum award grant will be up to $20,000.
5. The grant can only cover expenses or costs incurred due to COVID-19 and that were necessary to continue business operations.

How to Apply

1. The online application portal is live now. The portal link can be found by clicking here. Additional information about eligibility and prioritization will also be posted there.
2. Priority will be given to applications received by Dec. 10, 2020. If Commerce is able to fund all the applicants who submit by that time, we may be able to consider applicants who submit after the 10th.

Application Checklist

1. Applicant W-9 Request for Taxpayer Identification Number
2. Copy of valid government-issued photo I.D.
3. For tribal-member owned businesses: license or certification if business activity is conducted outside the tribal jurisdiction; letter or certification from the tribe recognizing you as a business if business activity is within the tribal jurisdiction.
4. Copy of 2019 Tax Return or other confirmation of Business Gross Revenues for 2019.
5. For businesses with a physical location, evidence of that location, such as lease, tax statement, utility bill, etc.
6. NAICS code or clear description of your primary business activity. A NAICS code is helpful, but not necessary. The winery NAICS code is 312130.

Assistance for Workers & Individuals

In addition to business relief, additional funds will be released for workers and individuals impacted by the pandemic, including:

1. $20 million in rental assistance is added to the current Eviction Rent Assistance Program. Partner agencies in each county, not Commerce, provide the assistance payments to landlords to cover their qualified tenants. Note that coverage was expanded from 3 to 6 months of eligible rent. Find the list of appropriate contacts by county here.
2. $15 million in utility payment assistance expands the existing Low-Income Home Energy Assistance Program (LIHEAP), also administered through agency partners at the county level, not Commerce. Find information and contacts for each county here

Since March under the first shutdown, and all through the summer and fall you all have done an excellent job of stepping up to the challenge of a year full of pandemic ups-and-downs, following all the rules thrown at us to keep our employees and customers safe as you slowly reopened your doors. Many of you have even stepped up to support struggling nonprofits in your local communities, front line workers risking their safety and health while battling the virus, and our restaurant and hospitality workers and businesses through heartwarming and generous efforts of financial and marketing kindness. In a year that has thrown everything at us, I could not be prouder of the WA wine industry and every WWI member.

Now faced with a new shutdown of indoor service to hopefully stop the rapid spread of COVID in our communities, we are asked once again to do our part. This new set of closures not only for wineries, but for restaurants and all hospitality industries, is a huge blow for our own on-premise sales channels and the vitally important restaurant sales channel many WA wineries count on to stay open.

In response to the new indoor service closures for wineries, restaurants, and hospitality sector industries, we coordinated with our colleagues in these industries and this week sent a letter to the entire Washington State Legislature asking them for their help NOW and during the 2021 session. We are receiving positive responses from Legislators already, and we will continue to aggressively advocate for financial and operational relief as well as foundational ask of “do no harm” to the WA wine industry when you convene in January 2021. You can read the letter we sent here

Contact Your Legislators

We encourage every WWI member to contact their legislators and educate your Senator and two State House Representatives on what these new set of indoor service restrictions will mean for your winery and your wine crew, especially as we enter the holiday seasons. Here are some ideas on how to approach a message to your elected officials:

1. Identify your name and your winery’s name
2. Describe how these new restrictions are impacting your winery and wine crew including any difficult staffing and other decisions you are being forced to make.
3. Include how you are pivoting to stay open or at a minimum continue to try and make wine sales during the new indoor service shutdown
4. Ask for their support of your winery by supporting the asks the Washington Wine Institute is making to them now and will continue up-to-and-throughout the 2021 legislative session

You can find your state elected official contact information by going to the state district finder located here.

November 18 Indoor Service Temporary Closure Q&A

How long will this new set of restrictions last?

The restrictions are set in place for a minimum of four weeks, which is a 12/14/2020 date for the calendar. Whether the restrictions

What are my sales options under this new four week set of operating restrictions?

All the sales options you utilized during the first shutdown in March are available. To-go, curbside sales, and ?

Can I allow customers inside the tasting room to make purchases and pick up wine club or online purchases?

YES. A customer may enter your tasting room to purchase wine and/or pick up wine club or online purchased wine. If curbside sales are a reasonable option, we always recommend setting up as safe an experience as possible for a customer to purchase your wine. Overall please continue to go above and beyond in following proper social distancing guidelines and keep both employees and customers safe.

Can I allow customers using my outdoor service space access to my restrooms inside my winery?

Yes. If you are still operating on premise service via outdoor tents or other structures, your restrooms must be accessible as is required by our state and county food code rules.

What are the Outdoor dining guidelines for tents and other structures?

You can view the full guidance here.

The Washington State Wine Commission to create a thorough list of captured questions and answers from March-current and many of the questions you may be asking are likely answered in this Q&A. Please click here to view the most current Q&A list.

Adding or Extending Outdoor Service/Tenting Webinar:

You can find info on adding or extending outdoor service areas, here.

Last week, the WA Hospitality Association hosted a webinar on outdoor seating guidance and tenting. You can view the replay, here.

Unemployment FAQs for Employers and Employees:

WA unemployment resources for employers can be found here.

WA unemployment resources for employees can be found here.

Mental Health Resources:

This is a lot and we all may not take the time we need to focus on our own mental health and/or the mental health of our winery crew. Resources for crisis support and advice on self-care can be found here.

Hospitality Employee Relief Resources:

Information on grants and relief efforts for hospitality workers impacted by COVID-19, here

Governor Inslee announced on Tuesday October 6th new guidance for Restaurants, Taverns, Breweries, Wineries and Distilleries under his Safe Start plan. Major updates include:

Indoor Service: It is no longer required for table mates to be from the same household. Wineries and tasting rooms are permitted to operate at a limited indoor capacity if they offer very basic food service, as outlined below. Indoor capacity is 50% for Phases 2 and 3, and 25% for Phase 1.5.

Outdoor Service: Outdoor service will continue to be allowed for wineries and other impacted businesses at 50% occupancy, with no food requirement. For outdoor seating, a temporary structure may be used. Outdoor structures (temporary or permanent) should have no more than two walls to provide appropriate ventilation. The limitation on walls applies to both rigid and flexible walls. We have included a link and description of options for expanding the outdoor space of your winery tasting room below.

Table occupancy: In Phase 2 the maximum table size is increased to six (6) individuals and in Phase 3 the maximum table size is increased to eight (8) individuals. We have asked for clarification for wineries in Phase 1.5. Standing is prohibited in any area of establishment, except for the lobby/waiting area and then must be done while maintaining 6 feet of distance between patrons.

Table spacing: There is a minor modification to table spacing rules for both indoor and outdoor seating. Tables must be spaced 6 feet away from adjacent tables, or there must be a physical barrier or wall separating booths or tables. Prior guidance required tables to be spaced 6 feet apart from occupied chair to occupied chair.

11 PM Closing Time: Winery tasting rooms and other impacted businesses will need to end alcohol service each evening by 11 PM. This was previously 10 PM.

Bar seating remains closed. This is defined as the area with a bar table/counter where patrons sit or stand side-by-side across where alcoholic drinks and refreshments are served. Counter-style seating is permitted in other areas of the establishment (indoors or outdoors). Six feet of distance is required between parties and other tables.

Governor Inslee announced that no counties will progress phases at this point.

All social distancing requirements must be met indoors and outdoors.