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BILL AS INTRODUCED 2007-2008

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S.120

Introduced by Senator White of Windham District and Senator Shumlin of Windham District

Referred to Committee on

Date:

Subject:  Alcoholic beverages; wine tastings; farmers’ markets

Statement of purpose:  This bill proposes to permit wine tastings at farmers’ markets.

AN ACT RELATING TO WINE TASTINGS AT FARMERS’ MARKETS

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

Sec. 1.  7 V.S.A. § 2(15) is amended to read:

(15)  “Manufacturer’s or rectifier’s license”:  a license granted by the liquor control board that permits the holder to manufacture or rectify, as the case may be, malt beverages and vinous beverages for export and for sale to bottlers or wholesale dealers, or spirituous liquors for export and for sale to the liquor control board, upon application of a manufacturer or rectifier and the payment to the liquor control board of the license fee as required by subdivision 231(1) of this title for either license.  The liquor control board may grant to a licensed manufacturer or rectifier a first class restaurant or cabaret license or first and third class restaurant or cabaret license permitting the licensee to sell alcoholic beverages to the public only at the manufacturer’s premises.  A manufacturer of malt beverages who also holds a first class restaurant or cabaret license may serve to a customer malt beverages by the glass, not to exceed eight glasses at one time and not to exceed four ounces in each glass.  The liquor control board may grant to a licensed manufacturer or a rectifier of malt beverages a second class license permitting the licensee to sell alcoholic beverages to the public only at the manufacturer’s or rectifier’s premises.  Upon application and payment of the license fee as required by subdivision 231(11) of this title, the liquor control board may grant to a licensed manufacturer or rectifier of vinous beverages up to 10 fourth class licenses permitting the licensee to sell these beverages by the bottle to the public at the licensed premises or at a farmers’ market provided that the beverages were produced by the manufacturer or rectifier.  If the fourth class license is to be used at a farmers’ market, the licensee must include the location and dates of operation of the farmers’ markets in the application for the license.  However, in no case may a person with an interest in more than one manufacturer’s or rectifier’s license have an interest in more than four fourth class licenses.  The manufacturer or rectifier shall pay directly to the commissioner of taxes the sum of 26 1/2 cents per gallon for every gallon of malt beverage and the sum of 55 cents per gallon for each gallon of vinous beverage manufactured by the manufacturer or rectifier and provided for sale pursuant to the first class license or the second class license or the fourth class license or combination thereof held by the manufacturer or rectifier.  Holders of a manufacturer’s or rectifier’s second class license for malt beverages may distribute, with or without charge, malt beverages by the glass, not to exceed two ounces per product and eight ounces in total, to all persons of legal drinking age.  The malt beverages must be consumed upon the premises of the holder of the license.  At the request of a person holding a first class or second class license, a holder of a manufacturer’s or rectifier’s license for malt beverages may distribute without charge to the management and staff of the license holder, provided they are of legal drinking age, no more than four ounces per person of a malt beverage for the purpose of promoting the beverage.  Written notice shall be provided to the department of liquor control at least 10 days prior to the date of the tasting.

Sec. 2.  7 V.S.A. § 67(a) is amended to read:

(a)  Provided an applicant submits to the department of liquor control 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 15 days prior to the date of the wine tasting event and the applicant is determined to be in good standing, the department of liquor control may grant a permit to conduct a wine tasting event to:

* * *

(2)  A licensed manufacturer or rectifier of vinous beverages.  The permit authorizes the permit holder to dispense vinous beverages produced by the manufacturer or rectifier to retail customers of legal age for consumption on the premises of a second class licensee or at a farmers’ market.  Pursuant to this permit, a manufacturer or rectifier may conduct no more than one tasting a day on the premises of a second class licensee.  No more than four wine tasting permits per month for a tasting event held on the premises of second class licensees and no more than 60 wine tasting permits per year for a tasting event held on the premises of a farmers’ market shall be issued to any manufacturer or rectifier.

(3)  A licensed manufacturer or rectifier of vinous beverages with a fourth class license.  The permit authorizes the licensee to dispense, with or without charge, vinous beverages by the glass, not to exceed two ounces per product and a total of eight ounces to a retail customer of legal age for consumption on the licensee’s premises or at a farmers’ market.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us