2005 Vermont Code - § 67. — Wine tastings; permit; penalties

§ 67. Wine tastings; permit; penalties

(a) Provided an applicant submits to the department of liquor control 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 15 days prior to the date of the wine tasting event and the applicant is determined to be in good standing, the department of liquor control may grant a permit to conduct a wine tasting event to:

(1) A second class licensee. The permit authorizes the employees of the permit holder to dispense vinous beverages to retail customers of legal age on the licensee's premises. Vinous 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 one wine tasting per month.

(2) A licensed manufacturer or rectifier of vinous beverages. The permit authorizes the permit holder to dispense vinous beverages produced by the manufacturer or rectifier to retail customers of legal age for consumption on the premises of a second class licensee or at a farmers' market. Pursuant to this permit, a manufacturer or rectifier may conduct no more than one tasting a day on the premises of a second class licensee. No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees and no more than 60 wine tasting permits per year for a tasting event held on the premises of a farmers' market shall be issued to any manufacturer or rectifier.

(3) A licensed manufacturer or rectifier of vinous beverages with a fourth class license. The permit authorizes the licensee to dispense, with or without charge, vinous beverages by the glass, not to exceed two ounces per product and a total of eight ounces to a retail customer of legal age for consumption on the licensee's premises.

(b) A wine tasting event held pursuant to this section, not to include wine tasting events conducted on the premises of a manufacturer or rectifier or on the premises of a fourth class licensee pursuant to subdivision (a)(3) of this section or a promotional tasting pursuant to subdivision (d)(1) of this section:

(1) May continue for no more than six hours in duration, with no more than six vinous beverages to be offered at a single event, and no more than two ounces of any single vinous beverage and no more than a total of eight ounces of various vinous beverages to be dispensed to a customer. No more than four customers may be served at one time.

(2) Shall be conducted totally within an area that is clearly cordoned off by barriers that extend no further than 10 feet from the point of service, and a sign that clearly states that no one under the age of 21 may participate in the wine tasting shall be placed in a visible location at the entrance to the wine tasting area.

(c) The holder of a permit issued under this section shall keep an accurate accounting of the vinous beverages consumed at a tasting event and shall be responsible for complying with all applicable laws under this title.

(d) Promotional wine tasting.

(1) At the request of a holder of a first class 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, two ounces per person of vinous beverages 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 10 days prior to the date of the tasting.

(2) A holder of a wholesale dealer's license may dispense vinous 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.

(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 wine 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.)