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The Vermont Statutes Online
Title
07
:
Alcoholic Beverages
Chapter
001
:
GENERAL PROVISIONS
§
2. Definitions
The following
words as used in this title, unless a contrary meaning is required by the
context, shall have the following meaning:
(1)
"Alcohol": the product of distillation of spirits or any fermented
malt or vinous beverage, including ethyl alcohol and nonpotable alcohol.
(2)
"Boat": a vessel suitably equipped and operated for the
transportation of passengers in interstate commerce.
Subdivision (3) effective until January 1,
2016; see also subdivision (3) effective January 1, 2016 set out below.
(3)
"Bottler": any person that bottles malt, vinous, or spirituous
beverages for sale or for distribution in this State.
Subdivision (3) effective January 1, 2016;
see also subdivision (3) effective until January 1, 2016 set out above.
(3) "Bottler":
any person that bottles malt beverages, vinous beverages, spirits, or fortified
wines for sale or for distribution in this State.
(4)
"Bottler's license": the license granted by the Liquor Control Board
permitting a bottler to bottle for sale and to distribute and sell at wholesale
malt or vinous beverages.
(5)
"Cabaret license": a first-class license or first- and third-class
licenses where the business is devoted primarily to providing entertainment,
dancing, and the sale of alcoholic beverages to the public and not the service
of food. The holder of a "cabaret license" shall serve food at all
times when open for business and shall have adequate and sanitary space and
equipment for preparing and serving food. However, the gross receipts from the
sale of food shall be less than the combined receipts from the sales of
alcoholic beverages, entertainment, and dancing in the prior reporting year.
All laws and regulations pertaining to a first-class license or first- and
third-class licenses shall apply to the first-class or first- and third-class
cabaret licenses.
Subdivision (6) effective until January 1,
2016; see also subdivision (6) effective January 1, 2016 set out below.
(6)
"Caterer's license": a license issued by the Liquor Control Board
authorizing the holder of a first-class license or first- and third-class
licenses for a cabaret, restaurant, or hotel premises to serve malt or vinous
beverages or spirituous liquors at a function located on premises other than
those occupied by a first-, first- and third-, or second-class licensee to sell
alcoholic beverages.
Subdivision (6) effective January 1, 2016;
see also subdivision (6) effective until January 1, 2016 set out above.
(6)
"Caterer's license": a license issued by the Liquor Control Board
authorizing the holder of a first-class license or first- and third-class
licenses for a cabaret, restaurant, or hotel premises to serve malt or vinous
beverages, spirits, or fortified wines at a function located on premises other
than those occupied by a first-, first- and third-, or second-class licensee to
sell alcoholic beverages.
(7)
"Club": an unincorporated association or a corporation authorized to
do business in this State, that has been in existence for at least two
consecutive years prior to the date of application for license under this title
and owns, hires, or leases a building or space in a building that is suitable
and adequate for the reasonable and comfortable use and accommodation of its
members and their guests and contains suitable and adequate kitchen and dining
room space and equipment implements and facilities. A club may be used or
leased by a nonmember as a location for a social event as if it were any other
licensed commercial establishment. Such club shall file with the Liquor Control
Board, before May 1 of each year, a list of the names and residences of its
members and a list of its officers. Its affairs and management shall be
conducted by a board of directors, executive committee, or similar body chosen
by the members at its annual meeting, and no member or any officer, agent, or
employee of the club shall be paid, or directly or indirectly receive, in the
form of salary or other compensation, any profits from the disposition or sale
of alcoholic liquors to the members of the club or its guests introduced by
members beyond the amount of such salary as may be fixed and voted at annual
meetings by the members or by its directors or other governing body, and as
reported by the club to the Liquor Control Board. An auxiliary member of a club
may invite one guest at any one time. An officer or director of a club may
perform the duties of a bartender without receiving any payment for that
service, provided the officer or director is in compliance with the
requirements of this title that relate to service of alcoholic beverages. An
officer, member, or director of a club may volunteer to perform services at the
club other than serving alcoholic beverages, including seating patrons and
checking identification, without receiving payment for those services. An
officer, member, or director of a club who volunteers his or her services shall
not be considered to be an employee of the club. A bona fide unincorporated
association or corporation whose officers and members consist solely of
veterans of the U.S. Armed Forces or a subordinate lodge or local chapter of
any national fraternal order, and which fulfills all requirements of this
subdivision, except that it has not been in existence for two years, shall come
within the terms of this definition six months after the completion of its
organization. A club located on and integrally associated with at least a
regulation nine-hole golf course need only be in existence for six months prior
to the date of application for license under this title.
(8)
"Control commissioners": the commissioners appointed under section
166 of this title.
(9) "Dining
car": a railroad car on which meals are prepared and served.
(10)
"First-class license": a license granted by the control commissioners
permitting the licensee to sell malt or vinous beverages to the public for
consumption only on the premises for which the license is granted.
(11)
"Hotel" has the same meaning as in 32 V.S.A. § 9202(3) and as
determined by the Liquor Control Board. A hotel that places a minibar in any
room of a registered guest shall assure that the minibar is locked and that
access to the minibar is restricted to guests of legal drinking age.
(12)
"Commissioner of Liquor Control": the executive officer of the Liquor
Control Board appointed under the provisions of this title.
(13)
"Liquor Control Board": the Board of Control appointed under the
provisions of this title.
(14) "Malt
beverages": all fermented beverages of any name or description
manufactured for sale from malt, wholly or in part, or from any substitute
therefor, known as beer, porter, ale, and stout, containing not less than one
percent nor more than 16 percent of alcohol by volume at 60 degrees Fahrenheit.
However, if such a beverage has an alcohol content of more than six percent and
has a terminal specific gravity of less than 1.009, it shall be deemed to be a
spirit and not a malt beverage. The holder of the certificate of approval or
the manufacturer shall certify to the Liquor Control Board the terminal
specific gravity of the beverage when the alcohol content is more than six
percent.
Subdivision (15) effective until January
1, 2016; see also subdivision (15) effective January 1, 2016 set out below.
(15)
"Manufacturer's or rectifier's license": a license granted by the
Liquor Control Board that permits the holder to manufacture or rectify
spirituous liquors for export and sale to the Liquor Control Board, or malt
beverages and vinous beverages for export and sale to bottlers or wholesale
dealers. This license permits a manufacturer of vinous beverages to receive
from another manufacturer licensed in or outside this State bulk shipments of
vinous beverages to rectify with the licensee's own product, provided that the
vinous beverages produced by a Vermont manufacturer may contain no more than 25
percent imported vinous beverage. The Liquor Control Board may grant to a
licensed manufacturer or rectifier a first-class restaurant or cabaret license
or first- and third-class restaurant or cabaret license permitting the licensee
to sell alcoholic beverages to the public only at the manufacturer's premises,
which for the purposes of a manufacturer of malt beverages, includes up to two
licensed establishments that are located on the contiguous real estate of the
holder of the manufacturer's license, provided the manufacturer owns or has
direct control over those establishments. A manufacturer of malt beverages who
also holds a first-class restaurant or cabaret license may serve to a customer
malt beverage by the glass, not to exceed eight glasses at one time and not to
exceed four ounces in each glass. The Liquor Control Board may grant to a
licensed manufacturer or a rectifier of malt beverages a second-class license
permitting the licensee to sell alcoholic beverages to the public anywhere on
the manufacturer's or rectifier's premises. A licensed manufacturer or
rectifier of vinous beverages may serve, with or without charge, at an event
held on premises of the licensee or the vineyard property, spirits and vinous
and malt beverages, provided the licensee gives the Department written notice
of the event, including details required by the Department, at least five days
before the event. Any beverages not manufactured by the licensee and served at
the event shall be purchased on invoice from a licensed manufacturer or
wholesale dealer or Liquor Control Board.
Subdivision (15) effective January 1,
2016; see also subdivision (15) effective until January 1, 2016 set out above.
(15)
"Manufacturer's or rectifier's license": a license granted by the
Liquor Control Board that permits the holder to manufacture or rectify spirits
or fortified wines for export and sale to the Liquor Control Board, or malt
beverages and vinous beverages for export and sale to bottlers or wholesale
dealers. This license permits a manufacturer of vinous beverages or fortified
wines to receive from another manufacturer licensed in or outside this State
bulk shipments of vinous beverages to rectify with the licensee's own product,
provided that the vinous beverages or fortified wines produced by a Vermont
manufacturer may contain no more than 25 percent imported vinous beverage. The
Liquor Control Board may grant to a licensed manufacturer or rectifier a
first-class restaurant or cabaret license or first- and third-class restaurant
or cabaret license permitting the licensee to sell alcoholic beverages to the
public only at the manufacturer's premises, which, for the purposes of a
manufacturer of malt beverages, includes up to two licensed establishments that
are located on the contiguous real estate of the holder of the manufacturer's
license, provided the manufacturer owns or has direct control over those
establishments. A manufacturer of malt beverages who also holds a first-class
restaurant or cabaret license may serve to a customer malt beverage by the
glass, not to exceed eight glasses at one time and not to exceed four ounces in
each glass. The Liquor Control Board may grant to a licensed manufacturer or a
rectifier of malt beverages a second-class license permitting the licensee to
sell alcoholic beverages to the public anywhere on the manufacturer's or
rectifier's premises. A licensed manufacturer or rectifier of vinous beverages
may serve, with or without charge, at an event held on premises of the licensee
or the vineyard property, spirits, fortified wines, vinous beverages, and malt
beverages, provided the licensee gives the Department written notice of the
event, including details required by the Department, at least five days before
the event. Any beverages not manufactured by the licensee and served at the
event shall be purchased on invoice from a licensed manufacturer or wholesale
dealer or the Liquor Control Board.
(16)
"Person,": as applied to licensees, means individuals who are
citizens of the United States, partnerships composed of individuals, a majority
of whom are citizens of the United States, and corporations organized under the
laws of this or another state in which a majority of the directors are citizens
of the United States and to limited liability companies organized under the
laws of this or another state in which a majority of the members or managers
are citizens of the United States.
(17)
"Restaurant": a space in a suitable building, approved by the Liquor
Control Board, occupied, used, maintained, advertised, or held out to the
public to be a place where food is served at all times when open for business
and there are no sleeping accommodations. The space shall have adequate and
sanitary kitchen and dining room capacity and the number and kinds of employees
for preparing, cooking, and serving suitable food for guests and patrons as
required by the Liquor Control Board.
(18)
"Retail dealer": any person who sells or distributes malt or vinous
beverages to the public.
Subdivision (19) effective until January
1, 2016; see also subdivision (19) effective January 1, 2016 set out below.
(19)
"Second-class license": a license granted by the control
commissioners permitting the licensee to export malt or vinous beverages and to
sell malt or vinous beverages to the public for consumption off the premises
for which the license is granted.
Subdivision (19) effective January 1,
2016; see also subdivision (19) effective until January 1, 2016 set out above.
(19)
"Second-class license": a license granted by the control commissioners
permitting the licensee to export malt or vinous beverages and to sell malt
beverages or vinous beverages to the public for consumption off the premises
for which the license is granted. The Liquor Control Board may grant a
second-class licensee a fortified wine permit that permits the licensee to
export and to sell fortified wines to the public for consumption off the
licensed premises.
Subdivision (20) effective until January
1, 2016; see also subdivision (20) effective January 1, 2016 set out below.
(20)
"Spirits" or "spirituous liquors": beverages that contain
more than one percent of alcohol obtained by distillation, by chemical
synthesis, or through concentration by freezing; and vinous beverages
containing more than 16 percent of alcohol; and all vermouths of any alcohol
content; malt beverages containing more than 16 percent of alcohol or more than
six percent of alcohol if the terminal specific gravity thereof is less than
1.009; in each case measured by volume at 60 degrees Fahrenheit.
Subdivision (20) effective January 1,
2016; see also subdivision (20) effective until January 1, 2016 set out above.
(20)
"Spirits" or "spirituous liquors": beverages that contain
more than one percent of alcohol obtained by distillation, by chemical
synthesis, or through concentration by freezing; vinous beverages containing
more than 23 percent of alcohol; and malt beverages containing more than 16
percent of alcohol or more than six percent of alcohol if the terminal specific
gravity thereof is less than 1.009; in each case measured by volume at 60
degrees Fahrenheit.
(21)
"Specialty beer": a malt beverage that contains more than eight
percent alcohol and not more than 16 percent alcohol by volume at 60 degrees
Fahrenheit.
Subdivision (22) effective until January
1, 2016; see also subdivision (22) effective January 1, 2016 set out below.
(22)
"Third-class license": a license granted by the Liquor Control Board
permitting the licensee to sell spirituous liquors for consumption only on the
premises for which the license is granted.
Subdivision (22) effective January 1,
2016; see also subdivision (22) effective until January 1, 2016 set out above.
(22)
"Third-class license": a license granted by the Liquor Control Board
permitting the licensee to sell spirits and fortified wines for consumption
only on the premises for which the license is granted.
Subdivision (23 effective until January 1,
2016; see also subdivision (23 effective January 1, 2016 set out below.
(23)
"Vinous beverages": all fermented beverages of any name or
description manufactured or obtained for sale from the natural sugar content of
fruits, or other agricultural product, containing sugar, the alcoholic content
of which is not less than one percent nor more than 16 percent by volume at 60
degrees Fahrenheit, except that all vermouths shall be purchased and retailed
by and through the Liquor Control Board as authorized in chapters 5 and 7 of
this title.
Subdivision (23) effective January 1,
2016; see also subdivision (23) effective until January 1, 2016 set out above.
(23)
"Vinous beverages": all fermented beverages of any name or
description manufactured or obtained for sale from the natural sugar content of
fruits or other agricultural product, containing sugar, the alcoholic content
of which is not less than one percent nor more than 16 percent by volume at 60
degrees Fahrenheit.
(24)
"Wholesale dealer": any person other than a bottler who buys malt or
vinous beverages for distribution to or resale to retail dealers or to agencies
of the United States.
(25)
"Wholesale dealer's license": the license granted by the Liquor
Control Board permitting the wholesale dealer to sell or distribute malt or
vinous beverages as a wholesale dealer.
(26)
"Minor": a person who has not attained the age of 21.
(27) "Special
events permit": a permit granted by the Liquor Control Board permitting a
person holding a manufacturer's or rectifier's license to sell by the glass or
by unopened bottle spirits, fortified wines, malt beverages, or vinous
beverages manufactured or rectified by the license holder at an event open to
the public that has been approved by the local licensing authority. For the
purposes of tasting only, the permit holder may distribute, with or without
charge, beverages manufactured by the permit holder by the glass no more than
two ounces per product and eight ounces total of malt beverages or vinous
beverages and no more than one ounce in total of spirits or fortified wines to
each individual. No more than 104 special events permits may be issued to a holder
of a manufacturer's or rectifier's license during a year. A special event
permit shall be valid for the duration of each public event or four days,
whichever is shorter. Requests for a special events permit, accompanied by the
fee as required by subdivision 231(13) of this title, shall be submitted to the
Department of Liquor Control at least five days prior to the date of the event.
Each manufacturer or rectifier planning to attend a single special event under
this permit may be listed on a single permit. However, each attendance at a
special event shall count toward the manufacturer's or rectifier's 104
special-event-permit limitation.
(28)
"Fourth-class license" or "farmers' market license": the
license granted by the Liquor Control Board permitting a manufacturer or
rectifier of malt beverages, vinous beverages, fortified wines, or spirits to
sell by the unopened container and distribute by the glass, with or without
charge, beverages manufactured by the licensee. No more than a combined total
of ten fourth-class and farmers' market licenses may be granted to a licensed
manufacturer or rectifier. At only one fourth-class license location, a
manufacturer or rectifier of vinous beverages, malt beverages, fortified wines,
or spirits may sell by the unopened container and distribute by the glass, with
or without charge, vinous beverages, malt beverages, fortified wines, or
spirits produced by no more than five additional manufacturers or rectifiers,
provided these beverages are purchased on invoice from the manufacturer or
rectifier. A manufacturer or rectifier of vinous beverages, malt beverages,
fortified wines, or spirits may sell its product to no more than five
additional manufacturers or rectifiers. A fourth-class licensee may distribute
by the glass no more than two ounces of malt beverages or vinous beverages with
a total of eight ounces to each retail customer and no more than one-quarter
ounce of spirits or fortified wine with a total of one ounce to each retail
customer for consumption on the manufacturer's premises or at a farmers'
market. A fourth-class licensee may distribute by the glass up to four mixed
drinks containing a combined total of no more than one ounce of spirits or
fortified wine to each retail customer for consumption only on the manufacturer's
premises. A farmers' market license is valid for all dates of operation for a
specific farmers' market location.
(29)
"Festival permit": a permit granted by the Liquor Control Board
permitting a person to conduct an event at which malt or vinous beverages, or
both, are sold by the glass to the public, provided the event is approved by
the local licensing authority. A festival permit holder may purchase invoiced
volumes of malt or vinous beverages directly from a manufacturer or bottler,
provided the manufacturer or bottler either holds a federal Basic Permit or a
Brewers Notice or evidence of licensure in a foreign country, satisfactory to
the Board, whichever applies. The invoiced volumes of malt or vinous beverages
may be transported to the site and sold by the glass to the public by the
permit holder or its employees and volunteers only during the event. A festival
permit holder shall be subject to the provisions of this chapter, including
section 240 of this title, and the rules of the Board regarding the sale of the
alcoholic beverages and shall pay the tax on the malt or vinous beverages as
required by section 421 of this title. A person shall not be granted a festival
permit more than four times in one year, and each permit shall be valid for no
more than four consecutive days. A request for a festival permit shall be
submitted to the Department in a form required by the Department at least 15
days prior to the festival and shall be accompanied by a permit fee as required
by subdivision 231(a)(14) of this title to be paid to the Department.
(30)
"Home-fermented beverages":
malt or vinous beverages produced at home and not for sale.
(31) "Legal
age": 21 years of age or older.
(32) "Art
gallery or bookstore permit": a permit granted by the Liquor Control Board
permitting an art gallery or bookstore to conduct an event at which malt or
vinous beverages or both are served by the glass to the public, provided that
the event is approved by the local licensing authority. A permit holder may purchase
malt or vinous beverages directly from a licensed retailer. A permit holder
shall be subject to the provisions of this title and the rules of the Board
regarding the service of alcoholic beverages. A request for a permit shall be
submitted to the Department in a form required by the Department at least five
days prior to the event and shall be accompanied by the permit fee required by
subdivision 231(a)(22) of this title. As used in this section, "art
gallery" means a fixed establishment whose primary purpose is to exhibit
or offer for sale works of art; and "bookstore" means a fixed
establishment whose primary purpose is to offer books for sale.
Subdivision (33) effective until January
1, 2016; see also subdivision (33) effective January 1, 2016 set out below.
(33)
"Commercial catering license": A license granted by the Board
permitting a business licensed by the Department of Health as a commercial
caterer and having a commercial kitchen facility in the home or place of
business to sell malt, vinous, or spirituous liquors at a function previously
approved by the local licensing authority.
Subdivision (33) effective January 1,
2016; see also subdivision (33) effective until January 1, 2016 set out above.
(33)
"Commercial catering license": A license granted by the Board
permitting a business licensed by the Department of Health as a commercial
caterer and having a commercial kitchen facility in the home or place of
business to sell malt beverages, vinous beverages, spirits, or fortified wines
at a function previously approved by the local licensing authority.
(34)
"Request to cater permit": a permit granted by the Liquor Control
Board authorizing a first- or first- and third-class licensed caterer or
commercial caterer to cater individual events.
(35) "Industrial
alcohol distributors license": a license granted by the Liquor Control
Board that allows holders to sell pure ethyl or grain alcohol of at least 190
proof in quantities of five gallons or more directly to manufacturers,
industrial users, hospitals, druggists, and institutions of learning. Alcohol
sold under the industrial alcohol distributors license may only be used for
manufacturing, mechanical, medicinal, and scientific purposes.
(36)
"Outside consumption permit": a permit granted by the Liquor Control
Board allowing a first-class or first- and third-class license holder and
fourth-class license holder to allow for consumption of alcohol in a delineated
outside area.
(37)
"Sampler flight": a flight, ski, paddle, or any similar device by
design or name intended to hold alcoholic beverage samples for the purpose of
comparison.
Subdivision (38) effective January 1,
2016.
(38)
"Fortified wines": vinous beverages, including those to which spirits
have been added during manufacture, containing at least 16 percent alcohol but
no more than 23 percent alcohol by volume at 60 degrees Fahrenheit, and all
vermouths containing no more than 23 percent alcohol by volume at 60 degrees
Fahrenheit.
(39)
"Public library or museum permit": a permit granted by the Liquor
Control Board permitting a public library or museum to serve malt beverages or
vinous beverages, or both, by the glass to the public for a period of not more
than six hours during an event held for a charitable or educational purpose,
provided that the event is approved by the local licensing authority. A permit
holder may purchase malt beverages or vinous beverages directly from a licensed
retailer. A permit holder shall be subject to the provisions of this title and
the rules of the Board regarding the service of alcoholic beverages. A request
for a permit shall be submitted to the Department in a form required by the
Department at least five days prior to the event and shall be accompanied by
the permit fee required by subdivision 231(a)(24) of this title. As used in
this section, "public library" has the same meaning as in 22 V.S.A. §
101 and "museum" has the same meaning as in 27 V.S.A. § 1151.
(Amended 1959, No. 329 (Adj. Sess.), §§ 33, 39(b), eff. March 1, 1961; 1961,
No. 76; 1964, No. 1 (Sp. Sess.); 1971, No. 64, § 1; 1973, No. 34, § 3; 1975,
No. 44, § 1, eff. April 15, 1975; 1979, No. 103 (Adj. Sess.), § 1, eff. April
2, 1980; 1979, No. 115 (Adj. Sess.), § 2; 1981, No. 137 (Adj. Sess.) § 1, eff.
April 6, 1982; 1981, No. 139 (Adj. Sess.), § 1; 1985, No. 99 (Adj. Sess.), § 1;
1985, No. 159 (Adj. Sess.), § 1; 1987, No. 188 (Adj. Sess.), §§ 1, 2, eff. May
11, 1988; 1989, No. 138 (Adj. Sess.); 1991, No. 250 (Adj. Sess.); 1993, No. 46,
§ 3; 1993, No. 112 (Adj. Sess.), §§ 1, 2, eff. Feb. 18, 1994; 1993, No. 168
(Adj. Sess.), §§ 1, 2; 1995, 1993, No. 26, § 1; 1995, No. 69 (Adj. Sess.), § 1,
eff. Feb. 15, 1996; 1995, No. 121 (Adj. Sess.), § 1; 1997, No. 50, § 46, eff.
June 26, 1997; 1997, No. 61, § 210a, eff. June 26, 1997; 1997, No. 158 (Adj.
Sess.), §§ 1, 4, 6; 1999, No. 111 (Adj. Sess.), § 1; 2001, No. 9, § 1, 2; 2001,
No. 25, § 1; 2001, No. 74 (Adj. Sess.), § 1; 2001, No. 143 (Adj. Sess.), § 7,
eff. June 21, 2002; 2003, No. 70 (Adj. Sess.), § 62, eff. March 1, 2004; 2003,
No. 102 (Adj. Sess.), § 1; 2005, No. 140 (Adj. Sess.), §§ 2, 5, 8, eff. May 10,
2006; 2007, No. 21, § 1, eff. May 10, 2007; 2007, No. 167 (Adj. Sess.), § 1;
2007, No. 210 (Adj. Sess.), § 1; 2009, No. 10, § 1, eff. May 5, 2009; 2009, No.
77 (Adj. Sess.), § 1, eff. April 13, 2010; 2009, No. 102 (Adj. Sess.), § 1,
eff. May 11, 2010; 2011, No. 52, § 76, eff. May 27, 2011; 2011, No. 115 (Adj.
Sess.), § 1; 2013, No. 64, § 1; 2013, No. 72, § 22; 2013, No. 202 (Adj. Sess.),
§ 3, eff. June 24, 2014; 2015, No. 51, § A.4, eff. date, see note set out
below; 2015, No. 51, § A.14, eff. Jan. 1, 2016.)
