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The Vermont Statutes Online



Title

07

:
Alcoholic Beverages






Chapter

003

:
PROHIBITED ACTS











 

§

67. Alcoholic beverage tastings; permit; penalties

(a) Upon

submission to the Department of a written application in a form required by the

Department accompanied by the permit fee as required by subdivision 231(15) of

this title at least five days prior to the date of the alcoholic beverage

tasting event, and the applicant is determined to be in good standing, the

Department of Liquor Control may grant a permit to conduct a beverage tasting

event to:

(1) A

second-class licensee. The permit authorizes the employees of the permit holder

to dispense to retail customers of legal age on the licensee's premises vinous

or malt beverages by the glass not to exceed two ounces of each vinous or malt

beverage with a total of eight ounces of vinous or malt beverages. Vinous or

malt beverages for the tasting shall be from the inventory of the licensee or

purchased from a wholesale dealer. Pursuant to this permit, a second-class

licensee may conduct no more than 48 tastings a year. In addition to the 48

tastings, a second-class licensee may conduct no more than five beverage

tastings per week provided the tastings are conducted as part of an educational

food preparation class or course conducted by the licensee on the licensee's

premises and provided the licensee has acquired a permit for each tasting.

(2) A licensed

manufacturer or rectifier of vinous or malt beverages. The permit authorizes

the permit holder to dispense to retail customers of legal age for consumption

on the premises of a second-class licensee beverages produced by the

manufacturer or rectifier by the glass not to exceed two ounces of each

beverage with a total of eight ounces of vinous or malt beverages. A

manufacturer or rectifier may conduct no more than 48 tastings per year.

(b) A wine or

beer tasting event held pursuant to subdivisions (a)(1) and (2) of this

section, not including an alcohol beverage tasting conducted on the premises of

the manufacturer or rectifier, shall comply with the following:

(1) Continue for

no more than six hours, with no more than six beverages to be offered at a

single event, and no more than two ounces of any single beverage and no more

than a total of eight ounces of various vinous or malt beverages to be

dispensed to a customer. No more than eight customers may be served at one

time.

(2) Be conducted

totally within a designated area that extends no further than 10 feet from the

point of service and that is marked by a clearly visible sign that states that

no one under the age of 21 may participate in the tasting.

(c) The holder

of a permit issued under this section shall keep an accurate accounting of the

beverages consumed at a tasting event and shall be responsible for complying

with all applicable laws under this title.

(d) Promotional

alcoholic beverage tasting:

Subdivision (d)(1) effective until January

1, 2016; see also subdivision (d)(1) effective January 1, 2016 set out below.

(1) At the

request of a holder of a first- or second-class license, a holder of a

manufacturer's, rectifier's, or wholesale dealer's license may distribute

without charge to the first- or second-class licensee's management and staff,

provided they are of legal drinking age and are off duty for the rest of the

day, two ounces per person of vinous or malt beverages for the purpose of promoting

the beverage. At the request of a holder of a third-class license, a

manufacturer or rectifier of spirits may distribute without charge to the

third-class licensee's management and staff, provided they are of legal

drinking age and are off duty for the rest of the day, one-quarter ounce of

each beverage and no more than a total of one ounce to each individual for the

purpose of promoting the beverage. No permit is required under this

subdivision, but written notice of the event shall be provided to the Department

of Liquor Control at least five days prior to the date of the tasting.

Subdivision (d)(1) effective January 1,

2016; see also subdivision (d)(1) effective until January 1, 2016 set out

above.

(1) At the

request of a holder of a first- or second-class license, a holder of a

manufacturer's, rectifier's, or wholesale dealer's license may distribute

without charge to the first- or second-class licensee's management and staff,

provided they are of legal drinking age and are off duty for the rest of the

day, two ounces per person of vinous or malt beverages for the purpose of

promoting the beverage. At the request of a holder of a third-class license, a

manufacturer or rectifier of spirits or fortified wines may distribute without

charge to the third-class licensee's management and staff, provided they are of

legal drinking age and are off duty for the rest of the day, one-quarter ounce

of each beverage and no more than a total of one ounce to each individual for

the purpose of promoting the beverage. No permit is required under this

subdivision, but written notice of the event shall be provided to the

Department of Liquor Control at least five days prior to the date of the

tasting.

(2) A holder of

a wholesale dealer's license may dispense vinous or malt beverages for

promotional purposes at the wholesale dealer's premises without charge to

invited employees of first-, second-, and third-class licensees, provided the

invited employees are of legal drinking age, and the wholesale dealer obtains a

permit pursuant to subsection (a) of this section.

(3) At the

request of a holder of a wholesale dealer's license, a first-class licensee may

dispense malt or vinous beverages for promotional purposes without charge to

invited management and staff of first-, second-, or third-class licensees,

provided they are of legal drinking age. The event shall be held on the

premises of the first-class licensee. The first-class licensee shall be

responsible for complying with all applicable laws under this title. No permit

is required under this subdivision, but the wholesale dealer shall provide

written notice of the event to the Department of Liquor Control at least 10

days prior to the date of the tasting.

(4) Upon receipt

of a first- or second-class application by the Department, a holder of a

wholesale dealer's license may dispense malt or vinous beverages for

promotional purposes without charge to invited management and staff of a

business that has applied for a first- or second-class license, provided they

are of legal drinking age. The event shall be held on the premises of the

first- or second-class applicant. The first- or second-class applicant shall be

responsible for complying with all applicable laws under this title. No malt or

vinous beverages shall be left behind. No permit is required under this

subdivision, but the wholesale dealer shall provide written notice of the event

to the Department at least five days prior to the date of the tasting. The

Department shall post notice of the pending application on its website.

(e) No

individual who is under the age of 18 or who has not received training as

required by the Department may serve alcoholic beverages at an event under this

section.

(f) The holder

of a permit issued under this section that provides alcoholic beverages to an

underage individual or permits an individual under the age of 18 to serve

alcoholic beverages at a beverage tasting event under this section shall be

fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than

two years, or both. (Added 2005, No. 140 (Adj. Sess.), § 6, eff. May 10, 2006;

amended 2007, No. 21, § 2, eff. May 10, 2007; 2007, No. 143 (Adj. Sess.), § 1,

eff. May 14, 2008; 2009, No. 102 (Adj. Sess.), § 3, eff. May 11, 2010; 2011,

No. 115 (Adj. Sess.), § 3; 2013, No. 202 (Adj. Sess.), § 2, eff. June 24, 2014;

2015, No. 51, § A.14, eff. Jan. 1, 2016.)