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H.732

Introduced by   Representative Wright of Burlington

Referred to Committee on

Date:

Subject:  Alcoholic beverages; liquor control identification cards; tobacco licenses

Statement of purpose:  This bill proposes to delete all references to identification cards issued by the department of liquor control since it does not issue them anymore, and to have the department issue tobacco sales licenses rather than have the municipality in which the licensee lives do so.

AN ACT RELATING TO LIQUOR CONTROL IDENTIFICATION CARDS AND ISSUANCE OF TOBACCO LICENSES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  7 V.S.A. § 223(a) is amended to read:

(a)(1)  No first or second class license for the sale of malt or vinous beverages shall be granted to an:

(A)  An individual, unless the individual is, at the time of application, a legal resident of the town or city municipality in which the application is made.  No first or second class license shall be granted to a

(B)  A partnership unless one or more of its general partners is a legal resident of the town or city municipality in which the application is made and a majority of the partners are both legal residents of Vermont and U.S. citizens.

(C)  Any other person unless a majority of the principals are residents of Vermont and U.S. citizens.

(2)  No license of any class shall be granted to any enforcement officer or to any person or corporation acting in his or her behalf.  A member of a local control board to whom or in behalf of whom a first or second class license was issued by that board shall not participate in any control board action regarding any first or second class license.  If a majority of the members of a local control board is unable to participate in a control board action regarding any first or second class license, that action shall be referred to the state liquor control board for investigation and action.  An application for a first or second class license by or in behalf of a member of the local control board or a complaint or disciplinary action regarding a first or second class license issued by a board on which any member is a licensee shall be referred to the state liquor control board for investigation and action.  The provisions of this section, however, shall not apply where application is made by a citizen and legal resident of a town or city in Vermont resident for a first or second class license to sell malt or vinous beverages in a town or city wherein he or she in a municipality in which the applicant is not a legal resident, provided such the applicant owns improved real estate or personal property other than stock of goods for sale in the town wherein such municipality in which the license is to be issued upon which he or she and to which the applicant pays taxes appraised by the listers at of not less than $2,500.00 on real estate or $1,000.00 on personal property, or holds a valid lease on premises within that municipality with a term of at least one year.  The provisions of this title shall not apply to an individual a person who applies for a license to be used at the site of flood control projects or national guard encampments whose application is approved by the commanding officer thereof.

Sec. 2.  7 V.S.A. § 561(a) is amended to read:

(a)  The director of the enforcement division of the department of liquor control and investigators employed by the liquor control board or by the department of liquor control shall be law enforcement officers and shall have the same powers and immunities as those conferred on the state police by section 1914 of Title 20, as necessary to carry out liquor control enforcement duties under this title or while performing liquor control enforcement duties at a licensed premise or event catered by a licensee or in the immediate vicinity of a licensed premise or an event catered by a licensee.

Sec. 3.  7 V.S.A. § 602 is amended to read:

§ 602.  –EXHIBITION OF CARD

A person An individual shall exhibit a liquor control identification card, a valid photographic operator’s license or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport upon demand of a licensee, or of an employee of a licensee, or of a law enforcement officer.  On the failure of a person an individual to produce and exhibit a liquor control identification card, a valid photographic operator’s license or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport upon demand of a licensee, the licensee shall be entitled to refuse to sell the person individual any alcoholic beverage.  Sale or furnishing of any alcoholic beverages by a licensee to a person an individual exhibiting a liquor control identification card, a valid photographic operator’s license or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a United States military identification card, or a valid passport bearing the photograph and signature of the person individual shall be prima facie evidence of such the licensee’s compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors.


Sec. 4.  7 V.S.A. § 603 is amended to read:

§ 603.  –LIQUOR CONTROL BOARD,; RULES

The liquor control board shall make such rules and regulations as may be necessary to effectuate the purposes of sections 601, 602, and 669 and 670 of this title.

Sec. 5.  7 V.S.A. § 669 is amended to read:

§ 669.  LIQUOR CONTROL IDENTIFICATION CARDS,; OFFENSES,;

           PENALTY

Any person individual who misrepresents his or her age, or practices any deceit in the procurement of a liquor control identification card, or has in his possession possesses a false identification card, or uses or exhibits for the purpose of obtaining alcoholic beverages the identification card of another person individual or one which that has been forged or altered, any person individual who loans or transfers his or her identification card to another for use in procurement of to procure alcoholic beverages shall be guilty of a misdemeanor and shall be punished by a fine of $50.00 which fine shall not be suspended.

Sec. 6.  7 V.S.A. § 1001 is amended to read:

§ 1001.  DEFINITIONS

As used in this chapter:

* * *

(3)  “Person” shall mean any individual, firm, fiduciary, partnership, corporation, trust or association, however formed.

(4)  “Tobacco products” mean cigarettes, cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine-cut, and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in a manner suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.

(5)(4)  “Vending machine” means any mechanical, electronic, or other similar device which dispenses tobacco products for money.

(6)(5)  “Tobacco license” means a license issued by the legislative body of a municipality department of liquor control under this chapter permitting the licensee to engage in the retail sale of tobacco products or locate a vending machine on the premises identified in the license.

(7)(6)  “Bidis or Beedies” means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as bidis or beedies.

Sec. 7.  7 V.S.A. § 1002 is amended to read:

§ 1002.  LICENSE REQUIRED; APPLICATION; FEE; ISSUANCE

(a)  No person shall engage in the retail sale of tobacco products or provide a vending machine for their sale in his or her place of business without a tobacco license obtained from the legislative body of the municipality where the products are to be sold department of liquor control.  Tobacco licenses shall expire midnight, April 30, of each year.

* * *

(d)  A person applying simultaneously for a tobacco license and a liquor license shall pay only the fee required to obtain the liquor license.  A person applying only for a tobacco license shall submit a fee of $10.00 to the legislative body of the municipality department of liquor control for each tobacco license obtained or renewed.  The city or town clerk shall retain $5.00 of this fee as an issuance fee and the remainder shall be deposited in the treasury of the municipality.

(e)  A person who sells tobacco products without obtaining a tobacco license in violation of this section shall be guilty of a misdemeanor and fined not more than $200.00 for the first offense and not more than $500.00 for each subsequent offense.  The court shall remit from the proceeds of the fine the costs of investigation incurred by a municipality to the municipality, but no more than the costs of the investigation.

(f)  On or before the 15th of each month, the city or town clerk shall submit to the board the names, addresses and license numbers of all persons to whom a tobacco license was issued during the previous month.  Each year on or before May 15, the city or town clerk shall submit to the board a list of all tobacco licenses that have been renewed for that year.  No individual under the age of 16 may sell tobacco products.

Sec. 8.  7 V.S.A. § 1005 is amended to read:

§ 1005.  PERSONS UNDER THE AGE OF EIGHTEEN 18; POSSESSION

              OF TOBACCO PRODUCTS; MISREPRESENTING AGE;

              ATTEMPTING TO PURCHASE OR PURCHASING TOBACCO

              PRODUCTS; PENALTY

(a)  A person less than An individual under 18 years of age shall not possess, attempt to purchase, or purchase tobacco products unless the person  individual is an employee of a holder of a tobacco license and is in possession of tobacco products to effect a sale in the course of employment.  A person less than An individual under 18 years of age shall not misrepresent his or her age to purchase tobacco products.  A person less than An individual who possesses tobacco products in violation of violates this subsection shall be subject to having the tobacco products immediately confiscated and shall be further subject to a civil penalty of $25.00. In the case of failure to pay a penalty, the judicial bureau shall mail a notice to the person individual at the address in the complaint notifying the person individual that failure to pay the penalty within 60 days of the notice will result in either the suspension of the person’s individual’s operator’s license for a period of not more than 90 days or delay the initial licensing of the person individual for a period of not more than one year.  A copy of the notice shall be sent to the commissioner of motor vehicles, who after expiration of 60 days from the date of notice and unless notified by the judicial bureau that the penalty has been paid, shall either suspend the person’s individual’s operator’s license or cause initial licensing of the person individual to be delayed for the periods set forth in this subsection and the rules.  An action under this subsection shall be brought in the same manner as a traffic violation pursuant to chapter 24 of Title 23.  The commissioner of motor vehicles shall adopt rules in accordance with the provisions of chapter 25 of Title 3 to implement the provisions of this subsection, which may provide for incremental suspension or delays not exceeding cumulatively the maximum periods established by this subsection.

(b)  A person less than An individual under 18 years of age who misrepresents his or her age by presenting false identification to purchase tobacco products shall be fined not more than $50.00 or provide up to 10 hours of community service, or both.


Sec. 9.  DEPARTMENT OF LIQUOR CONTROL; TOBACCO

             COMPLIANCE TESTING

The department of liquor control shall conduct compliance tests of tobacco licensees to assure statewide compliance with the prohibition on the sale of tobacco to minors of at least 90 percent for 16- to 17‑year‑old buyers.  An individual who participates in the compliance testing and is under the age of 18 shall not be in violation of 7 V.S.A. § 1005.

Sec. 10.  REPEAL

The following are repealed.

(1)  7 V.S.A. § 601, relating to liquor control identification cards.

(2)  7 V.S.A. § 670, relating to confiscation.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us