28-A §1207. Taste testing of malt liquor
Title 28-A: LIQUORS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Part 3: LICENSES FOR SALE OF LIQUOR HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Subpart 2: RETAIL LICENSES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
§1207. Taste testing of malt liquor
1. Taste testing on off-premise retail licensee's premises. Subject to the conditions in subsection 2, the bureau may authorize an off-premise retail licensee stocking at least 100 different labels of malt liquor to conduct taste testing of malt liquor on that licensee's premises. Any other consumption of alcoholic beverages on an off-premise retail licensee's premises is prohibited, except as permitted under section 460 or 1205.
[ 2009, c. 510, §8 (AMD) .]
2. Conditions on taste-testing activities. The conditions under this subsection apply to taste-testing activities under this section.
A. Malt liquor may not be served to persons who have not yet attained 21 years of age. [2009, c. 459, §4 (NEW).]
B. A person may not be served more than a total of 12 ounces of malt liquor having an alcohol content of 6% or less; for malt liquor having an alcohol content greater than 6% but less than 12%, a person may not be served more than a total of 6 ounces; or, for malt liquor having an alcohol content of 12% or greater, a person may not be served more than a total of 3 ounces. [2009, c. 459, §4 (NEW).]
C. A person may not be charged a fee for any malt liquor served as part of a taste-testing activity. [2009, c. 459, §4 (NEW).]
D. A person may not be served who is visibly intoxicated. [2009, c. 459, §4 (NEW).]
E. Taste testing must be limited to a designated area. [2009, c. 459, §4 (NEW).]
F. Taste testing must be conducted within the hours of retail sale established in this Title. [2009, c. 459, §4 (NEW).]
G. The retail licensee must obtain the written permission of the bureau before conducting any taste-testing activity. [2009, c. 459, §4 (NEW).]
H. The retail licensee may conduct up to 3 tastings per month but no more than 24 taste-testing events per year, including tastings under section 460 or 1205. [2009, c. 510, §9 (AMD).]
I. Taste testing is not allowed in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5. [2009, c. 459, §4 (NEW).]
J. The retail licensee must notify the bureau of the date and time scheduled for all taste-testing events. [2009, c. 459, §4 (NEW).]
K. The retail licensee must purchase all malt liquor served at a taste testing from a wholesale licensee. [2009, c. 459, §4 (NEW).]
L. Prior to a taste-testing event, the retail licensee shall post prominently at the entrance to the store a sign that announces the date and time of the event. The Department of Public Safety shall report by January 15, 2011 to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the effectiveness of this paragraph in providing proper notice to adults who may wish to preclude minors from observing the taste testing of alcoholic beverages. [2009, c. 510, §10 (AMD).]
M. An off-premise retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the off-premise retail licensee's premises in place of or to coincide with a taste-testing event that is open to the public. A taste-testing event that is exclusively invitation only is not subject to the posting requirement in paragraph L. [2009, c. 510, §11 (NEW).]
[ 2009, c. 510, §§9-11 (AMD) .]
3. Rules. The Department of Public Safety may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§1207. Dual liquor license
(As enacted by PL 2009, c. 438, §5 is REALLOCATED TO TITLE 28-A, SECTION 1208)
[ 2009, c. 459, §4 (NEW) .]
SECTION HISTORY
2009, c. 438, §5 (NEW). 2009, c. 459, §4 (NEW). 2009, c. 510, §§8-11 (AMD). 2009, c. 510, §7 (RAL).