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BILL AS PASSED HOUSE AND SENATE 2007-2008

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H.157

AN ACT RELATING TO HOME‑FERMENTED BEVERAGE COMPETITIONS

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

Sec. 1.  7 V.S.A. § 65 is amended to read:
§ 65.  HOME‑FERMENTED MALT AND VINOUS BEVERAGES;

          TASTING EVENT

(a)  A person of legal age may, without obtaining a license under this title or paying state taxes or fees, produce malt or vinous beverages, or both, at home provided that the amount of home‑fermented beverages produced by that person does not exceed the quantities limitation in 26 U.S.C. §§ 5053 and 5042.

(b)  Home‑fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home‑fermented beverages, provided all the following conditions are met:

(1)  The sponsor provides written notice of the event to the department no later than 10 days prior to the date of the event.  The notice shall include a description of the delineated area in which the tastings will be offered, and in the case of a competition, the names of the judges hired by the sponsor.

(2)  The public is not charged a fee for the tastings or for admission to the event, exhibition or competition.  However, the sponsor may charge a fee to the producers of home‑fermented beverages for their participation in the event.

(3)  Tastings of home‑fermented beverages are offered only within the delineated area specified in the notice to the department.

(4)  The No home‑fermented beverages are served only to individuals of legal age may be sold or offered for sale to the public, and all unused home‑fermented beverages shall be disposed of by the permit holder.

(5)  No home‑fermented beverages are served to any individual who is apparently under the influence of alcohol  The event will be conducted in compliance with all the requirements of this title.

(6)  No more than two ounces of any single vinous beverage and no more than four ounces of any single malt beverage is provided to any individual for tasting.

(7)   The sponsor has provided an individual who has successfully completed the department’s enforcement seminar within the preceding three years to be present at all times to monitor the event and ensure compliance with applicable rules and provisions of this chapter.

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Sec. 2.  7 V.S.A. § 225 is amended to read:

§ 225.  EDUCATIONAL SAMPLING EVENT PERMIT

(a)  The liquor control board may grant an educational sampling event permit to a person to conduct an event that is open to the public and at which malt, vinous, or spirituous liquors or all three are served only for the purposes of marketing and educational sampling, provided the event is also approved by the local licensing authority.  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00.  At least 15 days prior to the event, an applicant shall submit an application to the department in a form required by the department.  The application shall include a list of the alcoholic beverages to be acquired for sampling at the event, and the application shall be accompanied by a fee in the amount required pursuant to section 231 of this title.  No more than four educational sampling event permits shall be issued annually to the same person.  An educational sampling event permit shall be valid for no more than four consecutive days.  The permit holder shall assure all the following:

(1)  Attendees at the educational sampling event shall be required to pay an entry fee of no less than $5.00. 

(2)  Beverages for sampling shall be offered in glasses that contain no more than two ounces of beverage.

(3)  The event shall be conducted in compliance with all the requirements of this title.

(b)  An educational sampling event permit holder:

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(3)  Shall be subject to the requirements of this title.

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Sec. 2a.  COMMERCIAL CATERERS; STUDY AND REPORT;

               DEPARTMENT OF LIQUOR CONTROL

The department of liquor control shall issue a report on or before

January 15, 2008 to the general assembly.  The report shall include findings and recommendations from a study of the commercial caterers in Vermont, the existing laws that regulate them, the appropriateness of updating these laws to permit commercial caterers to acquire a first or first and third class license that would permit them to serve alcoholic beverages in conjunction with catered events without compromising alcoholic beverage enforcement issues.

Sec. 3.  EFFECTIVE DATE

This act shall take effect on passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us