2011 Vermont Code
Title 07 Alcoholic Beverages
Chapter 9 LICENSING
§ 222 First and second class licenses, granting of; sale to minors; contracting for food service

§ 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 sell malt and vinous beverages to the public from such premises for consumption off the premises and upon satisfying the liquor control 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 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 class 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 class 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. (Amended 1971, No. 90, { 2; 1985, No. 99 (Adj. Sess.), { 3; 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.)