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BILL AS INTRODUCED 2007-2008

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H.212

Introduced by Representative Keogh of Burlington

Referred to Committee on

Date:

Subject:  Alcoholic beverages; local control commission; authority

Statement of purpose:  This bill proposes to clarify the authority of the local liquor control commissions.

AN ACT RELATING TO AUTHORITY OF LOCAL LIQUOR CONTROL COMMISSIONS

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

Sec. 1.  7 V.S.A. § 236(b) and (d) are amended to read:

(b)  As an alternative to and in lieu of the authority to suspend or revoke any permit or license, the liquor control board shall also have the power to or the control commission may have the power to impose an administrative penalty of up to $2,500.00 per violation against a holder of a wholesale dealer’s license or a holder of a first, second, or third class license for a violation of the conditions under which the license was issued or of this title or of any rule or regulation adopted by the board.  The administrative penalty may be imposed after a hearing before the board or after the licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title.  The board or a control commission may also impose an administrative penalty under this subsection against a holder of a tobacco license for up to $100.00 for a first violation and up to $1,000.00 for subsequent violations.  For the first violation during a tobacco or alcohol compliance check during any three-year period, a licensee shall receive a warning and be required to attend a department server training class.

(d)  The board or a control commission shall subpoena any person in this state to appear for a hearing or for a deposition in the same manner as prescribed for judicial procedures.  Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the board or control commission as are paid in superior court.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us