Enforcement FAQs

Q: Do I have to be licensed with Washington State to produce alcohol? 

Yes.

Q: How long will it take to process my liquor license application? 

It typically takes 60-90 days for an in-state license, and 30-45 days for an out-of-state license.

Q: Do I still have to submit Certificate of Label Approvals (COLA) to LCB? 

Yes, however you will no longer get a product approval code, and package sizes will no longer be approved. Alcohol and keg products that do not require federal approval are approved to ship immediately. Once you have submitted the COLA to the WSLCB, you can sell the product in Washington. 

Q: Who needs an Agent’s License?

• Sole proprietors
  • The sole proprietor does not need an agent's license
  • Any employee of a sole proprietor who calls, visits or emails retailers needs an agent's license
  • Any employee of a sole proprietor who calls or emails their appointed distributor does not need an agent's license
     
• Partnerships, LLCs, corporations, and their employees
  • Licensees and their employees who call, email, take orders, pour or visit businesses with a liquor license need an agent's license
     
• Out-of-state Certificate of Approval holders
  • If the out-of-state COA has an endorsement to ship directly to retailers and calls or emails retailers, they need an agent's license (unless they are a sole proprietor
     
• Wine Shipper to Consumer
  • The Wine Shipper to Consumer does not need an agent's license
     
• Application for agent's license 
  • Application for Agent's License

Q: How do I appoint a distributor to distribute my product? 

Your appointment letter must be on the supplier’s letterhead and must contain the supplier’s license number. Also, please provide the distributor’s license number and street address. Washington does not appoint by brand or territory (except Auth Rep COA US Wine and Auth Rep COA US Beer - please contact Non-retail staff for more information), therefore multiple distributors can be appointed.

Send your appointment letter to LCB:

• Fax:      360-664-4054
• Email:  miwlabels@lcb.wa.gov
• Mail:
  Washington State Liquor and Cannabis Board
  Licensing and Regulation - MIW
  P.O. Box 43098
  Olympia, WA 98504-3098

Q: Do I need a federal permit to make beer and/or wine? 

For home use, no federal permit is required to make beer and wine. If the product you produce will be sold, then you need a federal permit. Visit the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury, at www.ttb.gov for more information.

Q: How do I apply for an Out-of-State Certificate of Approval (COA) or Authorized Representatives License? 
For your Business License Application, you will need to enter the following information:

• Under “Purpose of Application,” mark “other” and fill in the license type you will be applying for (i.e., license types are: Auth Rep COA - Foreign Wine, Auth Rep COA - Foreign Beer, Auth Rep COA - US Wine, Auth Rep COA - US Beer, Wine Out-of-State Certificate of Approval or Beer Out-of-State Certificate of Approval)
• In Section 2 write your license type again on one of the blank lines
• In the fee column, enter $200
• Finish the application (most parts will not apply because you are out of state. In the business location address, enter your winery address)
• You will also need to submit the required documents
• Place all material together and mail your documents to the address on the upper left-hand corner of the Business License Application. Applications typically take from 30 to 45 days to process

Q: How do I apply for a Wine Shipper to Consumer Permit?
For your Business License Application, you will need to enter the following information:

• Under “Purpose of Application,” mark the “other” box and write in “Wine Shipper to Consumer Permit”
• In Section 2, write your license type again on one of the blank lines
• Tab over to the fee column and enter $100
• Finish the application (most parts will not apply because you are out-of-state. In the business location address, you will enter your winery address)
• You will also need to submit the required documents
• Place all material together and mail the application, fees and additional documents to the address listed on the upper left-hand corner of the Business License Application. Applications typically take from 30 to 45 days to process

Q: I heard there were changes to the laws regarding Financial Interest and Ownership. What were they?

Legislation passed in 2009 permits financial interest between liquor manufacturers, distributors, and retailers under certain conditions. It is legal for an industry member to have a direct or indirect financial interest in another industry member or a retailer unless the interest has resulted in, or is more likely than not to result in:

• Undue influence over the retailer or industry member; or
• An adverse impact on public health and safety.

If a manufacturer or distributor is going into a new business with a retailer, it must create a new entity to hold the license of the new business.

Q: What should I do if I think undue influence or an adverse impact on public health and safety has occurred?

• You may file a complaint or request for determination with LCB
• The LCB may investigate and issue a violation or notice of intent to deny the license, or both; and
• The LCB may require that a transaction be undone.

Q: What is Money’s Worth?

Money’s worth is considered anything of value – directly or indirectly - given by a manufacturer/distributor to a retailer and vice versa (i.e. extension of credit, money, product, promotional items, etc.). Manufacturers/distributors and retailers cannot provide money’s worth to each other (see next question for an exception regarding branded promotional items of nominal value).

Q: Can I provide branded promotional items of a nominal value to retailers?
Legislation passed in 2009 includes an exception to the Money’s Worth law that allows industry members to provide branded promotional items of a nominal value to retailers such as:

• Trays, lighters, blotters, postcards, coasters, menu cards, meal checks, napkins, clocks, mugs, glasses, hats, visors, and similar items.

The items must be used exclusively by the retailer or the retailer’s employees in a manner consistent with the liquor license:

• Items must bear imprinted matter of the industry member only;
• Items may not be provided to retail customers; and
• Items may not be targeted to or appeal principally to youth.

 Q: Is there a complaint process for this new exception?
Yes, any person may file a complaint with LCB asserting undue influence or an adverse impact on public health or safety, or that the provision of the items is otherwise inconsistent with the requirements for the promotional items.

The LCB may investigate and issue a violation.

Q: Is the price post and hold requirement still in place?

No, the requirement for beer and wine suppliers and distributors to file prices with the WSLCB and hold the price for 30 days was removed in 2009. Suppliers and distributors must maintain price lists at their licensed locations.

Q: Is the minimum mark-up requirement still in place?

No, the requirement that suppliers mark-up prices to distributors or retailers and that distributors mark-up their prices to retailers by 10 percent of production/acquisition cost was removed in 2009. No price may be below acquisition cost.

Q: When can a law enforcement officer inspect my premises?

The licensed location must be available for inspection 24 hours a day for any law enforcement officer.

Q: What happens at LCB’s initial inspection of a business?

• The liquor enforcement officer will review the floor plan, measure wall separations, etc. with the liquor license applicant
• The officer will also review liquor laws specific to your license type using the applicable briefing form:
  • Winery
  • Winery – Additional Location
  • Craft Distillery
  • Brewery
  • Distributor

Q: Can distributors provide samples to retailer accounts?
Yes, in order to promote their products, distributors may provide samples to retailers under specific conditions:

• Wine
  • A distributor may furnish a sample of wine to a retail licensee who has not previously purchased that brand/type or vintage year 
  • One sample may be provided free to each licensed grocery store, wine shop, restaurant, and tavern
  • The sample is limited to not more than one liter of any brand and type of wine
  • If a particular wine is not available from the manufacturer in the standard 750 ml size bottle, the next largest size may be provided
• Beer
  • Not more than 72 ounces of any brand and type of beer may be provided
  • “Free fills” and “free with” offers are not allowed. This includes new accounts
  • Free product (beyond the acceptable sample) may not be provided to any retail licensee

Remember:

• If a retail business already carries or sells a particular wine, a sample of that wine may not be provided
• If a retail business has already purchased a particular wine from any distributor, than that retailer may not receive any free samples of that wine from any distributor
• The samples provided to retailers must be marked on the bottles as “samples for licensees.” The retailer may not sell these samples to their customers
• A distributor may not provide wine samples to a retailer’s customers

Q: Can distributors provide samples to retailers for their in-store customer tastings?

No, a distributor cannot supply a retail store or restaurant with any wine or beer for retail customers to “sample.” Customers must purchase alcohol from a retailer at or above acquisition cost.

Q: Can I place “instant” coupons on a bottle of wine, beer or spirits?
No, liquor manufacturers, importers and distributors may not offer “instant” rebates or instant coupons redeemable at the point-of-sale, on either liquor or non-liquor items.

Q: Can I offer “mail-in” rebates?
Liquor manufacturers, importers and distributors may offer mail-in rebates on liquor and non-liquor items. Contact the LCB Alcohol Advertising Coordinator for more information.

Q: Can I offer instructional courses to licensed retailers?

Yes, breweries, micro breweries, domestic wineries, distilleries, distributors, certificate of approval holders, or a licensed agent may offer instructional courses for licensees and their employees, including chefs, on the subject of beer, wine, or spirits, including but not limited to, the history, nature, values, and characteristics of beer, wine, or spirits, the use of wine lists, and the methods of presenting, serving, storing, and handling beer, wine, or spirits, and what wines go well with different types of food.

Q: Can I provide the materials needed to conduct the course?

Yes, you may provide the beer, wine, or spirits and such other equipment, materials, and utensils needed to conduct your course. The course may be held at your business, at the premises of a retail licensee, or elsewhere within the state.

Q: Can I conduct educational activities for consumers on the licensed premises of retailer?

Yes, breweries, micro breweries, domestic wineries, distilleries, distributors, certificate of approval holders, or a licensed agent may conduct educational activities or provide product information to the consumer on the licensed premises of a retailer.

Any samples provided to the consumer must come from the retailer's own stock.

Q: What kind of information can I provide?

Your activity may include information on the history, nature, quality, and characteristics of a wine, beer, or spirits, methods of harvest, production, storage, handling, and distribution, and the general development of the wine, beer, and spirits industry.

Q: Can I be paid for the educational activities?

You may not receive compensation or financial benefit from the educational activities or product information. The promotional value of such courses or information is not considered advancement of money or of moneys' worth.

Q: Do I need a federal permit to make wine?
If the product you produce will be sold, then you need a federal permit along with a state liquor license. Visit the Alcohol and Tobacco Tax and Trade Bureau, U.S. Department of the Treasury, at http://www.ttb.gov/ for more information about federal permits.

Q: Can I have a restaurant license if I have a winery?
Yes. Recent law changes allow a separate retail location. There will need to be a separate entity for this second business.

Q: Can a domestic winery have a warehouse off the winery premises?
Yes, domestic wineries operating as distributors of their own product may apply for one warehouse located off the winery premises and not located at their additional location.

You must complete a Business License Application and Non-Retail Liquor and Cannabis Board Addendum for the warehouse through the Department of Revenue's Business Licensing Service. The application will then go through the LCB licensing process.

Q: How many tasting rooms can a winery have? 

A winery can have one tasting room on the premises of their winery and at four additional locations (no production or distribution is allowed). Employees serving wine for on-premises consumption must have a Mandatory Alcohol Server Training (MAST) permit.

Q: Are MAST permits required at wineries?
MAST permits are not required at the production facility. However, they are required at the additional location where wine is offered for on-premises consumption.

Q: What is allowed at my additional location?
You may sell drinks by the glass of wine of your own production, sell bottles to go and offer food.

Q: Can wineries share spaces with other wineries at the others’ production facility?
Yes, an off-site winery can share a tasting room at another producing winery. Both wineries would need to use one of their additional location privileges in order to allow the joint tasting rooms at this one location.

Q: Can a winery pour wine off their winery premises?
Yes, but only at the following:

• A winery’s additional location. 
• Special-occasion licensed events – wine must be pre-sold to the licensee
• Beer/wine specialty shops – wine must be pre-sold to the licensee
• Private clubs – wine must be pre-sold to the licensee
• Restaurants that are licensed to sell wine for on-premises consumption – wine must be pre-sold to the licensee
• Grocery store sampling event – wine must be pre-sold to the licensee

Q: What happens at the LCB’s initial inspection of a winery?

• The enforcement officers will review the floor plan, measure wall separations, etc.
• The officer will also review liquor laws specific to winery licenses with you, and go over the following briefing forms:
  • Winery
  • Winery – Additional Location

Q: How can I find out about state requirements about sanitation and waste water?
Please contact the State Department of Agriculture for information.

Q: When are tax reports due?

Tax reports must be submitted or postmarked on or before the 20th of the month following activity. A report must be filed each month, including those months when there is no activity. When the 20th falls on a Saturday, Sunday, or a legal holiday, the filing must be postmarked by the U.S. Postal Service no later than the next postal business day.

If you do not have any activity to report, you can file tax reports in advance.

Wineries may file their monthly tax reports and make payments online using LCB’s Online Tax Reporting and Payment System. The system is available 24 hours a day, allows you to view previously filed reports, and is secure and confidential.

Additional information can be found on the Beer and Wine Tax Reporting page.

Q: How can wineries participate in a special occasion event?

• A winery can donate product to a 501(c)(3) or 501(c)(6) nonprofit corporation or association
• A winery can pour and educate the public about their wine
• Please remember that the event is operated by the special occasion licensee, not the manufacturer
• A winery may not sell wine to the public during these events
• A winery may not donate money of any kind to these events (booth fees, sponsorship, etc.)
• The LCB does not currently offer portable licenses for wineries.

Q: Where can I learn more about special occasion events?
Check out the special occasion licenses FAQ page.

Q: What personal services can a winery offer?

Personal services performed by wineries at a licensed retail premises are intended to inform, educate, or enhance a customer’s knowledge or experience of the manufacturer’s product. Personal services may include bottle signings, pouring at events, and similar activities.

Winery may not require performance of personal services as a condition for selling alcohol to the retail licensee.

Q: Can bonded wine warehouses handle bottled wine for wineries?

Yes. Reasons include:

• Packaging and repackaging services 
• Bottle labeling services
• Creating gift baskets or variety packs that may or may not include non-wine products
• Picking, packing, and shipping wine orders directly to consumers

Q: Can I make homemade wine at my home for private consumption?
Yes. A license is not required if the wine is for private consumption and is not for sale.

Please note:

• Homemade wine is not required to be consumed in the home where it was produced.
• Homemade wine may be removed from the home for private consumption. 
• The amount of homemade wine an adult may remove from the home is 20 gallons. 
• Use of homemade wine at organized affairs, exhibitions, or competitions is considered private consumption.

Q: What information must be on wine packages and labels?

• Identity and quality of the wine
• Alcohol content
• Net contents
• Name of the producer, manufacturer, or bottler

Q: What are the standards for claiming or implying that the appellation of origin is “Washington?”

• If the label states “Washington,” at least 95 percent of the grapes used in the production of the wine must have been grown in Washington.
• If the label states “Washington” and the name of an American Viticultural Area (AVA) located wholly within Washington, at least 95 percent of the grapes used in the production of the wine must have been grown in Washington.
• If the label states “Washington” and the name of an AVA located in both Washington and an adjoining state, at least 95 percent of the grapes used in the production of the wine must have been grown in the AVA or in Washington.
• The standards do not apply to wine produced with the addition of wine spirits, brandy, or alcohol.
• The standards apply to wine made from grapes harvested after December 31, 2009.

Q: Can wineries use common carriers?

Yes, in-state and out-of-state wineries can use common carriers for shipping up to 100 cases of their own products directly to licensed retailers.