Content authored by Susan Johnson, Stephanie Meier and Claire Mitchell:

Over the last decade the number of micro or craft distillers in the U.S. has gone up by almost 30 percent a year, going from just 50 in 2005 to more than 600 in 2013, according to the industry group the American Distilling Institute (ADI). Washington is a leader in this growing industry. The state boasts 83 distillers, more than any other state in the nation. Yet despite this remarkable growth, it is difficult for distilleries, especially small ones, to survive. Startup costs are often extremely high and zoning regulations can be cumbersome to navigate. In addition, most state laws restrict craft distilleries from selling spirits directly to retailers and consumers, and from charging for on-premises samples.

However, the Washington legislature recently passed a bill–SB 6226–that seeks to help distillers overcome some of these hurdles. The bill, originally sponsored by Senators Holmquist Newbry, King, Conway, Hewitt, and Kohl-Welles aims at removing burdensome restrictions on distillery operations and supporting the state’s emerging craft-distillery industry by accomplishing the following:

  • Increasing the annual spirits production limit for craft distillers from 60,000 gallons to 150,000 gallons.
  • Eliminating the 3 liter per day per person limit on the sale of spirits by a craft distiller for off-premises consumption.
  • Authorizing a craft distillery to charge customers a fee for spirits samples of 0.5 ounce or less served to them on-premises.
  • Authorizing any licensed distillery to: 1.) sell spirits of its own production for consumption off the premises; 2.) contract with, and sell spirits to, other licensed distillers and manufacturers; and, 3.) provide for free, or for a charge, spirits samples of 0.5 ounce or less to customers on the premises, subject to a daily maximum of 2 ounces per person per day.

Continue Reading What Distillers Can Expect From the Passage of SB 6226

By Chris Hermann and Bernie Kipp:

The recent notice of the proposed new AVA “The Rocks” in northeast Oregon has kicked off a round of questions about what Northwest wineries may use as an appellation of origin on their labels when grapes are grown in multi-state AVAs such as the Columbia Valley, Walla Walla Valley, Columbia Gorge, Snake River Valley, or the newly proposed “The Rocks” AVA. What all of these viticultural areas, except The Rocks, have in common is boundaries that cross state lines.

The use of AVA references on wine labels trigger specific requirements per federal regulations that sometimes can be confusing. First, it is important to remember that American Viticultural Areas are delimited grape-growing regions having distinguishing features which have been accepted and approved by TTB by name and a delineated boundary as established and published in federal regulations. In other words, there are unique features about the AVA that transcend political boundaries.

So…what are the three requirements for use of an AVA as an appellation of origin on a wine label?

First, the named appellation must have been approved by TTB and published in 27 CFR Part 9.

Next, not less than 85 percent of the wine is derived from grapes grown within the boundaries of the named viticultural area. Finally, in the case of American wine, it has been fully finished within the State, or one of the States, within which the labeled viticultural area is located (except for cellar treatment pursuant to §4.22(c), and blending which does not result in an alteration of class and type under §4.22(b)).

This last condition can get a little tricky so here is some clarification:Continue Reading Conditions For Using Multi-state AVAs On Wine Labels

The Washington State Liquor Control Board (WSLCB) issued the state’s first licenses to produce and process recreational marijuana today. According to news reports, the licenses were issued to Spokane’s Sean Green who will operate his business under the trade name Kouchlock Productions.

The WSLCB began processing applications for all three license types (producer

Today, the State Water Resources Control Board (State Board) released for public comment its Draft Industrial Storm Water Permit and supporting documents. This is the fourth (and likely final) version of the Draft Industrial Storm Water Permit, which is designed to replace the existing Industrial Storm Water Permit issued in 1997.

The Draft Industrial

The Oregon Liquor Control Commission (OLCC) is undertaking rulemaking that would impose new regulations on the service of alcohol at food carts and other outdoor areas throughout the state. The rules would distinguish between outdoor areas not abutting a licensed building (e.g., areas associated with food carts and food cart pods) and outdoor areas connected to a brick-and-mortar licensed premise.

Overall, the proposed rules would establish a clear licensing pathway for food cart applicants. OAR 845-005-0329 outlines the basis upon which the OLCC may refuse to issue a license, and OAR 845-006-0309 establishes the requirements a licensee must meet for alcohol service. While the proposed rules are fairly straightforward, some may criticize the rules for being too restrictive.

For example:

  • The outdoor area must qualify for a Number III minor posting. This posting requires that the designated drinking area not constitute a “drinking environment and drinking alcohol will never predominate.” This would be a more stringent minor posting than that required for outdoor areas adjacent to a physical licensed building. Food carts would not be allowed to have outdoor beer garden areas or environments similar to a winery tasting room. A solution to this issue would be to revise the proposed rule to allow a Number IV minor posting (“Minors Allowed During These Hours ___ to ___”) or a Number V minor posting (“Minors Allowed Only with Their Parent, Spouse or Domestic Partner Age 21 or over”) when authorized by the OLCC on a case-by-case basis.

Continue Reading OLCC Proposes New Rules for Food Carts

Late last week, Oregon lawmakers shot down SB 1559, a bill that proposed what some called a compromise on liquor privatization in Oregon. It would have allowed grocery stores 10,000 square feet or more to sell liquor from their shelves, while keeping the Oregon Liquor Control Commission in control of the supply. Lawmakers sent

Stoel Rives LLP lawyers from the firm’s Beverage & Hospitality Group attended the 2014 Unified Wine & Grape Symposium last week in Sacramento, where they connected with new contacts, old friends, and current clients.

On Tuesday, Colin Hunter, Chris Hermann and Elaine Albrich visited winegrape growers, industry contacts and production facilities in Clarksburg, Lodi

Despite the fact that implementation of Initiative 502 (I-502), a measure legalizing the recreational use of marijuana that was approved by Washington voters in 2012, is in full swing, and other states such as Florida and New York are loosening their laws on the use of medical marijuana, there is growing resistance to legal

Based on preliminary results from Tuesday’s election, it appears that Washington State’s hotly debated Initiative 522 (I-522) concerning the labeling of genetically-engineered foods has gone the way of California’s Proposition 37. Washington officials reported on Wednesday, November 6, 2013 that voters had rejected the measure, 54% to 46%. California’s similar labeling measure, Proposition

The Oregon Liquor Control Commission (“OLCC”) is initiating rulemaking that would amend licensing requirements for outdoor areas and distilled liquor tasting.

Outdoor Areas
The OLCC has proposed two new rules to address the licensing qualifications and operating requirements for “exclusively outdoor areas,” or areas that do not abut a licensed building. The rule would apply