Download this document in MS Word format
ACT OF THE GENERAL ASSEMBLY 2007-2008

AutoFill Template

NO. 114.  ACT RELATING TO LIQUOR IDENTIFICATION AND TOBACCO LICENSES.

(H.149)

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

Sec. 1.  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 authorized form of identification,” which means a valid photographic operator’s license, enhanced driver’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 individual 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 valid authorized form of identification 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 valid authorized form of identification 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. 2.  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, and 602, 669 and 670 of this title.

Sec. 3.  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. 4.  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 apply to the legislative body of the municipality and shall pay to the department 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 for each tobacco license obtained or renewed or renewal.  The city or town municipal clerk shall forward the application to the department, and the department shall issue the tobacco license.  The municipal 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. 5.  REPEAL

The following sections in Title 7 are repealed:

(1)  § 601, relating to liquor control identification cards.

(2)  § 669, relating to liquor control identification cards.

(3)  § 670, relating to confiscation.

Approved:  May 5, 2008



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us