Washington Grocery Stores Can Now Apply to Offer In-store Beer and Wine Tastings

Washington grocery stores that are currently licensed by the Washington State Liquor Control Board can now apply for a new license endorsement to offer beer and wine tastings in their stores. The new endorsement was created by Senate Bill No. 6329 during the 2010 Legislative Session after a successful pilot program that ended on September 30, 2009. The bill became effective June 10, 2010 and the Board is now accepting applications for the endorsement. The annual fee is $200. 

To qualify, the grocery store must meet the following criteria:

  1. The grocery store must have retail sales of grocery products for off-premises consumption that are more than 50 percent of the store’s gross sales, or the grocery store is a membership organization that requires members to be at least 18 years of age;
  2. The grocery store must operate a fully enclosed retail area encompassing at least 9,000 square feet with a limited exception described below.

The Board may issue an endorsement to a grocery store with a retail area encompassing less than 9,000 square feet when three conditions are met: (1) the board determines that no other store in the community the applicant serves meets the square footage requirement; (2) the applicant meets the remaining operational requirements; and (3) the applicant has not had more than one public safety violation within the past two years.

Tastings must be conducted under the following conditions: (1) samples must be 2 ounces or less and are limited to up to a total of 4 ounces per customer during any one visit to the store; (2) food must be available for the tasting participants; (3) customers must remain in the service area while consuming samples; and (4) the service area and facilities must be located within the store’s fully enclosed retail area.  The retail area must be of a size and design so that store staff can readily observe and control persons in the area to ensure that persons under 21 years of age and visibly intoxicated persons do not possess or consume alcohol.

A number of additional requirements apply. Employees conducting the tasting must hold a class 12 alcohol server permit. Wineries and breweries may provide personal services (such as pouring), but may not bear the costs of the product sampled. Further, stores may advertise tasting events only within the store, on a store website, in store newsletters and flyers, and via email and mail to customers who have requested notice of such events.

For more information, go to the Board’s website.

Oregon bars and restaurants should be careful promoting their establishment using Facebook and Twitter

Restaurants and bars, and every other type of hospitality business, are increasingly using online social media to promote their business. Twitter, Facebook and MySpace are the usual suspects today, but we can expect new entries going forward. Advertising spending in these channels is reported to have eclipsed the $100 million mark this year and is expected to increase. Yet, the dollars spent tell only part of the story. For most restaurants and bars, promoting their business using social media sites is essentially free. It’s this value proposition that promises to making such promotion ubiquitous over the next few years.

Restaurants and bars that serve alcohol must be aware that state liquor laws still apply in this brave new world of social media. A virtual violation is still a violation and can put your license in jeopardy (as well as your pocketbook)!

In Oregon, “advertising” is defined broadly as “publicizing the trade name of a license together with words or symbols referring to alcoholic beverages or publicizing the brand name of an alcoholic beverage.” The OLCC prohibits advertising that, among other things, (1) promotes happy hours involving the temporary reduction in alcoholic beverage prices, (2) encourage drinking because of its intoxicating effect or encourages drinking to excess, (3) involves instantly redeemable coupons for alcoholic beverages, or (4) that is appealing to minors.

The informal, conversational nature of services such as Twitter make violation of these rules easy, too easy. And, don’t think that the OLCC won’t get wise to the use of social media. They launched their own blog in July 2008. Check it out at http://olccblog.blogspot.com/. And, what's posted on these sites, just like the rest of the internet, is expected to have a long shelf life. Before you send off your next tweet, be careful that you’re not inviting your state alcohol regulatory agency to make a visit.

You should also be careful when referring to the competition, members of the public and possibly your state regulatory agency. Keep it friendly. Think before you tweet or post. Getting sued for defamation, causing emotional distress, or just plain bad PR can follow.