2005 Vermont Code - § 230. — Restrictions; financial interests; display of license; employees

§ 230. Restrictions; financial interests; display of license; employees

(a) Except as provided in subdivision 2(15) of this title, a manufacturer or rectifier, bottler or wholesale dealer shall not have any financial interest in the business of a first, second, or third class license, and a first, second, or third class licensee may not have any financial interest in the business of a manufacturer or rectifier, bottler or wholesale dealer. However, a manufacturer of malt beverages may have a financial interest in the business of a first or second class license, and a first or second class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided a first or second class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest. However, a certificate of approval holder for malt beverages or a certificate of approval holder for vinous beverages who is a manufacturer or rectifier may own a licensed retail business so long as the ownership is total and unconditional. All licenses or permits granted under this title shall be conspicuously displayed on the premises for which the license or permit is granted. Any manufacturer of malt beverages that has a financial interest in a first or second class licensee and any first or second class licensee that has a financial interest in a manufacturer of malt beverages, as permitted under this section, shall provide to the department of liquor control and the applicable wholesale dealer written notification of that financial interest and the licensees involved. A wholesale dealer shall not be in violation of this section for delivering malt beverages to a first or second class licensee that is prohibited from purchasing, possessing, or selling those malt beverages under this section.

(b) An individual who is an employee of a wholesale dealer that does not hold a solicitor's permit may also be employed by a second class licensee on a paid or voluntary basis, provided that the employee does not exercise any control over, or participate in, the management of the second class licensee's business or business decisions, and that either employment relationship does not result in the exclusion of any competitor wholesale dealer or any brand of alcoholic beverages of a competitor wholesale dealer. (Amended 1979, No. 103 (Adj. Sess.), § 2, eff. April 2, 1980; 2001, No. 143 (Adj. Sess.), § 10, eff. June 21, 2002; 2003, No. 24, § 1, eff. May 14, 2003; No. 27, § 1, eff. May 17, 2003.)