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The Vermont Statutes Online
Title
07
:
Alcoholic Beverages
Chapter
009
:
LICENSING
[Section 222 effective until January 1, 2016; see also section 222 effective January 1, 2016 set out below.]
[Section 222 effective until January 1,
2016; see also section 222 effective January 1, 2016 set out below.]
§
222. First- and second-class licenses, granting of; sale to minors; contracting
for food service
With the
approval of the Liquor Control Board, the control commissioners may grant to a
retail dealer for the premises where the dealer carries on business the
following:
(1) Upon making
application and paying the license fee provided in section 231 of this title, a
first-class license which authorizes the dealer to sell malt and vinous
beverages for consumption only on those premises, and upon satisfying the
Liquor Control Board that the premises are leased, rented, or owned by the
retail dealer and are devoted primarily to dispensing meals to the public,
except clubs and cabarets, and that the premises have adequate and sanitary
space and equipment for preparing and serving meals. The term
"public" includes patrons of hotels, boarding houses, restaurants,
dining cars, and similar places where meals are served. A retail dealer
carrying on business in more than one place shall acquire a first-class license
for each place where the retail dealer sells malt and vinous beverages. No malt
or vinous beverages shall be sold by a first-class licensee to a minor.
Partially consumed bottles of vinous beverages or specialty beers that were
purchased with a meal may be removed from first-class licensed premises
provided the beverages are recapped or resealed.
(2) Upon making
application and paying the license fee provided in section 231 of this title, a
second-class license for the premises where such dealer shall carry on the
business which shall authorize such dealer to export malt and vinous beverages
and to sell malt and vinous beverages to the public from such premises for
consumption off the premises and upon satisfying the Board that such premises
are leased, rented, or owned by such retail dealers and are safe, sanitary, and
a proper place from which to sell malt and vinous beverages. A retail dealer
carrying on business in more than one place shall be required to acquire a
second-class license for each place where he or she shall so sell malt and
vinous beverages. No malt or vinous beverages shall be sold by a second-class
licensee to a minor.
(3) No person
under the age of 18 shall be employed by a first- or third-class licensee as a
bartender for the purpose of preparing, mixing, or dispensing alcoholic
beverages. No person under the age of 18 shall be employed by a first- or
third-class licensee as a waitress or waiter for the purpose of serving
alcoholic beverages.
(4)(A) A holder
of a first-class license may contract with another person to prepare and
dispense food on the license holder's premises.
(B) The
first-class license holder shall provide to the Department written notification
five business days prior to start of the contract the following information:
(i) the name and
address of the license holder;
(ii) a signed
copy of the contract;
(iii) the name
and address of the person contracted to provide the food;
(iv) a copy of
the person's license from the Department of Health for the facility in which
food is served; and
(v) the person's
rooms and meals tax certificate from the Department of Taxes.
(C) The holder
of the first-class license shall notify the Department within five business
days of the termination of the contract to prepare and dispense food. It is the
responsibility of the first-class licensee to control all conduct on the
premises at all times, including the area in which the food is prepared and
stored.
(5)(A) The
holder of a first-class license may serve a sampler flight of up to 32 ounces
in the aggregate of malt beverages to a single customer at one time.
(B) The holder
of a first-class license may serve a sampler flight of up to 12 ounces in the
aggregate of vinous beverages to a single customer at one time.
(C) The holder
of a third-class license may serve a sampler flight of up to four ounces in the
aggregate of spirituous liquors to a single customer at one time. (Amended
1971, No. 90, § 2; 1985, No. 99 (Adj. Sess.), § 3; 1985, No. 159 (Adj. Sess.), §
3; 1987, No. 148 (Adj. Sess.); 1993, No. 11, § 2, eff. April 27, 1993; 1999,
No. 39, § 1; 2009, No. 102 (Adj. Sess.), § 4, eff. May 11, 2010; 2011, No. 52, §
60, eff. May 27, 2011; 2011, No. 115 (Adj. Sess.), § 1a; 2013, No. 64, § 3;
2013, No. 202 (Adj. Sess.), § 4, eff. June 24, 2014; 2015, No. 51, § A.14, eff.
Jan. 1, 2016.)
[Section 222 effective January 1, 2016; see also section 222 effective until January 1, 2016 set out above.]
[Section 222 effective January 1, 2016;
see also section 222 effective until January 1, 2016 set out above.]
§
222. First- and second-class licenses; granting of; sale to minors; contracting
for food service
With the
approval of the Liquor Control Board, the control commissioners may grant the
following licenses to a retail dealer for the premises where the dealer carries
on business:
(1) Upon making
application and paying the license fee provided in section 231 of this title, a
first-class license which authorizes the dealer to sell malt and vinous
beverages for consumption only on those premises, and upon satisfying the
Liquor Control Board that the premises are leased, rented, or owned by the
retail dealer and are devoted primarily to dispensing meals to the public,
except clubs and cabarets, and that the premises have adequate and sanitary
space and equipment for preparing and serving meals. The term
"public" includes patrons of hotels, boarding houses, restaurants,
dining cars, and similar places where meals are served. A retail dealer
carrying on business in more than one place shall acquire a first-class license
for each place where the retail dealer sells malt and vinous beverages. No malt
or vinous beverages shall be sold by a first-class licensee to a minor.
Partially consumed bottles of vinous beverages or specialty beers that were
purchased with a meal may be removed from first-class licensed premises
provided the beverages are recapped or resealed.
(2) Upon making
application, paying the license fee provided in section 231 of this title, and
upon satisfying the Board that such premises are leased, rented, or owned by
the retail dealer and are a safe, sanitary, and proper place from which to sell
malt and vinous beverages, a second-class license, which shall authorize such
dealer to export malt and vinous beverages, and to sell malt and vinous
beverages to the public from such premises for consumption off the premises. A
retail dealer carrying on business in more than one place shall be required to
acquire a second-class license for each place where the retail dealer sells
malt and vinous beverages. No malt or vinous beverages shall be sold by a
second-class licensee to a minor.
(3) No person
under the age of 18 shall be employed by a first- or third-class licensee as a
bartender for the purpose of preparing, mixing, or dispensing alcoholic
beverages. No person under the age of 18 shall be employed by a first- or
third-class licensee as a waitress or waiter for the purpose of serving
alcoholic beverages.
(4)(A) A holder
of a first-class license may contract with another person to prepare and
dispense food on the license holder's premises.
(B) The
first-class license holder shall provide to the Department written notification
five business days prior to start of the contract the following information:
(i) the name and
address of the license holder;
(ii) a signed
copy of the contract;
(iii) the name
and address of the person contracted to provide the food;
(iv) a copy of
the person's license from the Department of Health for the facility in which
food is served; and
(v) the person's
rooms and meals tax certificate from the Department of Taxes.
(C) The holder
of the first-class license shall notify the Department within five business
days of the termination of the contract to prepare and dispense food. It is the
responsibility of the first-class licensee to control all conduct on the
premises at all times, including the area in which the food is prepared and
stored.
(5)(A) The
holder of a first-class license may serve a sampler flight of up to 32 ounces
in the aggregate of malt beverages to a single customer at one time.
(B) The holder
of a first-class license may serve a sampler flight of up to 12 ounces in the
aggregate of vinous beverages to a single customer at one time.
(C) The holder
of a third-class license may serve a sampler flight of up to four ounces in the
aggregate of spirits or fortified wines to a single customer at one time.
(6) The Liquor
Control Board may grant a fortified wine permit to a second-class licensee if
the licensee files an application accompanied by the license fee as provided in
section 231 of this title. The holder of a fortified wine permit may sell
fortified wines to the public from the licensed premises for consumption off the
premises. The Liquor Control Board shall issue no more than 150 fortified wine
permits in any single year. The holder of a fortified wine permit shall
purchase all fortified wines to be offered for sale to the public pursuant to
the permit through the Liquor Control Board at a price equal to no more than 75
percent of the current retail price for the fortified wine established by the
Commissioner pursuant to subdivision 107(3)(B) of this title. (Amended 1971,
No. 90, § 2; 1985, No. 99 (Adj. Sess.), § 3; 1985, No. 159 (Adj. Sess.), § 3;
1987, No. 148 (Adj. Sess.); 1993, No. 11, § 2, eff. April 27, 1993; 1999, No.
39, § 1; 2009, No. 102 (Adj. Sess.), § 4, eff. May 11, 2010; 2011, No. 52, §
60, eff. May 27, 2011; 2011, No. 115 (Adj. Sess.), § 1a; 2013, No. 64, § 3;
2013, No. 202 (Adj. Sess.), § 4, eff. June 24, 2014; 2015, No. 51, § A.9, eff.
Jan. 1, 2016.)
