2016 Vermont Statutes
Title 7 - Alcoholic Beverages
Chapter 3 - Prohibited Acts
§ 67 Alcoholic beverage tastings; permit; penalties

§ 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:

(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 two 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) Tastings for product quality assurance. A licensed manufacturer or rectifier may distribute to its management and staff who are directly involved in the production of the licensee's products, provided they are of legal drinking age and at the licensed premises, samples of the licensee's products for the purpose of assuring the quality of the products. Each sample of vinous or malt beverages shall be no larger than two ounces, and each sample of spirits or fortified wines shall be no larger than one-quarter ounce. No permit is required under this subsection.

(f) Age and training of servers. No individual who is under 18 years of age or who has not received training as required by the Department may serve alcoholic beverages at an event under this section.

(g) Penalties. The holder of a permit issued under this section that provides alcoholic beverages to an underage individual or permits an individual under 18 years of age 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; 2015, No. 144 (Adj. Sess.), § 2.)