§ 67 - Wine and malt beverage tastings; permit; penalties
§ 67. Wine and malt beverage tastings; permit; penalties
(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 or malt beverage 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 or malt beverage tasting event to:
(1) A second class licensee. The permit authorizes the employees of the permit holder to dispense vinous or malt beverages to retail customers of legal age on the licensee's premises. Vinous or malt beverages for the tasting shall be from the inventory of the licensee or purchased from a wholesale dealer. Pursuant to this permit, a second class licensee may conduct no more than 30 tastings a year.
(2) A licensed manufacturer or rectifier of vinous or malt beverages. The permit authorizes the permit holder to dispense 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 tasting permits per month for a tasting event held on the premises of second class licensees shall be permitted.
(3) A licensed manufacturer or rectifier of vinous beverages with a fourth class or farmers' market license. The licenses authorize 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.
(b) A wine or beer tasting event held pursuant to this section, not to include tasting events conducted on the premises of a manufacturer or rectifier or on the premises of a fourth class licensee pursuant to subdivision (a)(3) of this section or promotional tastings pursuant to subsection (d) of this section:
(1) May continue for no more than six hours in duration, with no more than six beverages to be offered at a single event, and no more than two ounces of any single beverage and no more than a total of eight ounces of various vinous or malt beverages to be dispensed to a customer. No more than eight customers may be served at one time.
(2) Shall be conducted totally within an area that is clearly cordoned off by barriers that extend no further than 10 feet from the point of service, and a sign that clearly states that no one under the age of 21 may participate in the tasting shall be placed in a visible location at the entrance to the tasting area.
(c) The holder of a permit issued under this section shall keep an accurate accounting of the vinous or malt beverages consumed at a tasting event and shall be responsible for complying with all applicable laws under this title.
(d) Promotional wine or beer tasting.
(1) At the request of a holder of a first class or second class license, a holder of a manufacturer's, rectifier's, or wholesale dealer's license may distribute without charge to the first or second class licensee's management and staff, provided they are of legal drinking age, two ounces per person of vinous or malt beverages for the purpose of promoting the beverage. No permit is required under this subdivision, but written notice of the event shall be provided to the department of liquor control at least five days prior to the date of the tasting.
(2) A holder of a wholesale dealer's license may dispense vinous or malt beverages for promotional purposes at the wholesale dealer's premises without charge to invited employees of first, second, and third class licensees, provided the invited employees are of legal drinking age, and the wholesale dealer obtains a permit pursuant to subsection (a) of this section.
(3) At the request of a holder of a wholesale dealer's license, a first class licensee may dispense malt or vinous beverages for promotional purposes without charge to invited management and staff of first, second, or third class licensees, provided they are of legal drinking age. The event shall be held on the premises of the first class licensee. The first class licensee shall be responsible for complying with all applicable laws under this title. No permit is required under this subdivision, but the wholesale dealer shall provide written notice of the event to the department of liquor control at least 10 days prior to the date of the tasting.
(e) No individual who is under the age of 18 or who has not received training as required by the department may serve alcoholic beverages at an event under this section.
(f) The holder of a permit issued under this section that provides alcoholic beverages to an underage individual or permits an individual under the age of 18 to serve alcoholic beverages at a wine or malt beverage tasting event under this section shall be fined not less than $500.00 nor more than $2,000.00 or imprisoned not more than two years, or both. (Added 2005, No. 140 (Adj. Sess.), § 6, eff. May 10, 2006; amended 2007, No. 21, § 2, eff. May 10, 2007; 2007, No. 143 (Adj. Sess.), § 1, eff. May 14, 2008.)