Section 314-28-220 - Bonded and nonbonded spirits warehouse(1) There shall be a license that allows the storage and handling of bonded bulk spirits and, to the extent allowed under federal law, bottled spirits and the storage of tax-paid spirits not in bond. The licensee is allowed to store spirits of a distillery, craft distillery or manufacturer.(2) Spirits in bond (bulk) may be removed from a bonded spirits warehouse for the purpose of being: (a) Exported from the state;(b) Returned to a distillery or spirits warehouse licensed under this section; or(c) Transferred to a distillery, spirits warehouse licensed under this section, or a licensed bottling or packaging facility.(3) Bottled spirits that are being removed from a spirits warehouse licensed under this section tax-paid may be:(a) Transferred back to the distillery that produced them;(b) Shipped to a licensed Washington spirits distributor;(c) Shipped to a licensed Washington spirits retailer;(d) Exported from the state; or(e) Removed for direct shipping to a consumer pursuant to RCW 66.20.410.(4) Handling of bottled spirits that have been removed from bond tax-paid and that reside in the spirits warehouse includes: (a) Packaging and repackaging services;(b) Bottle labeling services;(c) Creating baskets or variety packs that may or may not include nonspirits products; and(d) Picking, packing, and shipping spirits orders on behalf of a licensed distillery direct to consumers in accordance with RCW 66.20.410. A distillery contracting with the operator of a spirits warehouse licensed under this section for handling bottled spirits must comply with all applicable state and federal laws and is responsible for financial transactions in direct to consumer shipping activities.
(5) The license applicant must demonstrate:(a) The right to have warehoused spirits under a valid federal permit held by the distiller, craft distillery, or manufacturer who maintains ownership and title to the spirits while they are in storage;(b) The location is physically secure;(c) Zoned for the intended use; and(d) Physically separated from any other use.(6) A licensee must be a sole proprietor, a partnership, a limited liability company, a corporation, a port authority, a city, a county, or any other public entity or subdivision of the state that elects to license a bonded spirits warehouse as an agricultural or economic development activity. One or more domestic distilleries or manufacturers may operate as a partnership, corporation, business co-op, cotenant, or agricultural co-op for the purpose of obtaining a bonded and nonbonded spirits warehouse license or storing spirits in the facility under a common management and oversight agreement free of charge or for a fee.(7) The ownership and operation of a spirits warehouse facility licensed under this section may be by a person or entity other than those described in this section acting in a commercial warehouse management position under contract for such licensed persons or entities on their behalf.(8) A licensee must designate clearly in its license application to the board the sections of the warehouse that are bonded and nonbonded with a physical separation between such spaces, be physically secure, zoned for the intended use, and physically separated from any other use.(9) The proprietor of the warehouse must maintain a plan for tracking spirits being stored in the warehouse to ensure compliance with relevant bonding and tax obligations.Wash. Admin. Code § 314-28-220
Adopted by WSR 18-02-006, Filed 12/20/2017, effective 1/20/2018