§222. First- and second-class licenses, granting of; sale to minors; contracting for food

Link to law: http://legislature.vermont.gov/statutes/section/07/009/00222
Published: 2015

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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.)
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