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Searching 2017-2018 Session

The Vermont Statutes Online

Title 7: Alcoholic Beverages

Chapter 003: PROHIBITED ACTS

  • § 61. Restrictions; exceptions

    A person, partnership, association, or corporation shall not furnish or sell, or expose or keep with intent to sell, any malt or vinous beverages, spirits, or fortified wines, or manufacture, sell, barter, transport, import, export, deliver, prescribe, furnish, or possess any alcohol, except as authorized by this title. However, this chapter shall not apply to the furnishing of such beverages or spirits by a person in his or her private dwelling unless such dwelling becomes a place of public resort, nor to the sale of fermented cider by the barrel or cask of not less than 32 liquid gallons capacity, provided the same is delivered and removed from the vendor's premises in such barrel or cask at the time of such sale, nor to the use of sacramental wine, nor to the furnishing, purchase, sale, barter, transportation, importation, exportation, delivery, prescription, or possession of alcohol for manufacturing, mechanical, medicinal, and scientific purposes, provided the same is done under and in accordance with rules and regulations made and licenses and permits issued by the Liquor Control Board as hereinafter provided. (Amended 2013, No. 72, § 23; 2015, No. 51, § A.14, eff. Jan. 1, 2016.)

  • § 62. Hours of sale

    (a) Holders of first- or first- and third-class licenses may sell malt and vinous beverages or spirits and fortified wines between the hours of 8:00 a.m. and 2:00 a.m. the next morning.

    (b) Holders of second-class licenses may sell malt and vinous beverages between the hours of 6:00 a.m. and 12:00 a.m. the next morning.

    (c) The Liquor Control Board may adopt rules controlling hours of consumption and sale under this section and may extend the hours of sale by holders of first- or first- and third-class licenses on New Year's Day. (Amended 1959, No. 17, eff. March 5, 1959; 1965, No. 31, eff. April 20, 1965; 1967, No. 98, eff. April 13, 1967; 1971, No. 15, eff. March 5, 1971; 1973, No. 34, § 1; 1975, No. 44, § 2, eff. April 15, 1975; 1979, No. 8; 1981, No. 27; 2001, No. 20, § 1; 2015, No. 51, § A.14, eff. Jan. 1, 2016.)

  • § 63. Importation or transportation of liquors; prohibitions; personal import limit; penalty

    (a) All spirits and fortified wines imported or transported into this State shall be imported or transported by and through the Liquor Control Board. A person importing or transporting or causing to be imported or transported into this State any spirits and fortified wines shall be imprisoned not more than one year or fined not more than $1,000.00, or both. However, a person may import or transport not more than eight quarts of spirits and fortified wines into this State in his or her own private vehicle or in his or her actual possession at the time of importation without license or permit.

    (b) Except as provided in sections 66 and 68 of this title, all malt or vinous beverages, or both, imported or transported into this State shall be imported or transported by and through a wholesale dealer holding a wholesale dealer's license issued by the Liquor Control Board. A person importing or transporting or causing to be imported or transported into this State any malt or vinous beverages, or both, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. Provided, however, a person may import or transport not more than six gallons of malt or vinous beverages, or both, into this State in his or her own private vehicle or in his or her actual possession at the time of importation without license or permit, providing it is not for resale. (Amended 1991, No. 138 (Adj. Sess.); 2005, No. 140 (Adj. Sess.), § 3, eff. May 10, 2006; 2007, No. 151 (Adj. Sess.), § 2, eff. May 19, 2008; 2013, No. 72, § 24; 2015, No. 51, § A.14, eff. Jan. 1, 2016.)

  • § 64. Sale of malt beverages in kegs

    (a) As used in this section, "keg" means a reusable container capable of holding at least five gallons of malt beverage.

    (b) A keg shall be sold by a second class licensee only under the following conditions:

    (1) The keg shall be tagged in a manner and with a label approved by the board. The label shall be supplied and securely affixed to the keg by the wholesale dealer.

    (2) A person shall exhibit proper proof of identification upon demand of a licensee or an agent of a licensee. If the person fails to provide such proof of identification, the licensee shall be entitled to refuse to sell the keg to the person. As used in this subsection, "proper proof of identification" means a photographic motor vehicle operator's license, a liquor control photographic identification card, a valid passport, a United States military identification card or a photographic nondriver motor vehicle identification card obtained from the department of motor vehicles.

    (3) The purchaser shall complete a form, provided by the board, which includes at least the name, address and date of birth of the purchaser as they appear on the purchaser's proper proof of identification and the identification number of the keg. The form shall also include the provisions of this section and the penalties for violation of these provisions. The licensee shall retain the form for 90 days after return of the keg.

    (4) The licensee shall collect a deposit of at least $25.00 which shall be returned to the purchaser upon return of the keg with the label intact.

    (c) A licensee shall not:

    (1) sell a keg without a legible label attached;

    (2) return a deposit on a keg which is returned without the label intact.

    (d) Any person, other than the wholesaler, who intentionally removes or defaces the label attached to a keg shall be imprisoned not more than two years or fined not more than $1,000.00, or both. (Added 1991, No. 255 (Adj. Sess.), § 1; amended 1997, No. 117 (Adj. Sess.), § 4; 2009, No. 102 (Adj. Sess.), § 2, eff. May 11, 2010.)

  • § 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) No home-fermented beverages 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) The event will be conducted in compliance with all the requirements of this title.

    (6), (7) [Deleted.]

    (c) A person who sponsors an organized event, exhibition or competition under this section or participates in the event as a producer of home-fermented beverages who violates any provision of this section may be fined not more than $1,000.00. (Added 1997, No. 158 (Adj. Sess.), § 5; amended 2007, No. 10, § 1, eff. April 26, 2007.)

  • § 66. Malt and vinous beverage shipping license; in state; out-of-state, prohibitions; penalties

    (a) A manufacturer or rectifier of vinous beverages or malt beverages licensed in Vermont may be granted an in-state consumer shipping license by filing with the Department of Liquor Control an application in a form required by the Department accompanied by a copy of the applicant's current Vermont manufacturer's license and the fee as required by subdivision 231(a)(7)(A) of this title. This consumer shipping license may be renewed annually by filing the renewal fee as required by subdivision 231(a)(7)(A) of this title accompanied by a copy of the licensee's current Vermont manufacturer's license.

    (b) A manufacturer or rectifier of vinous beverages or malt beverages licensed in another state that operates a winery or brewery in the United States and holds valid state and federal permits and licenses may be granted an out-of-state consumer shipping license by filing with the Department of Liquor Control an application in a form required by the Department accompanied by copies of the applicant's current out-of-state manufacturer's license and the fee as required by subdivision 231(a)(7)(B) of this title. This consumer shipping license may be renewed annually by filing the renewal fee as required by subdivision 231(a)(7)(B) of this title accompanied by the licensee's current out-of-state manufacturer's license. For the purposes of this subsection and subsection (c) of this section, "out-of-state" means any state other than Vermont, any territory or possession of the United States, and does not include a foreign country.

    (c) A manufacturer or rectifier of vinous beverages that is licensed in-state or out-of-state and holds valid State and federal permits and operates a winery in the United States, may apply for a retail shipping license by filing with the Department of Liquor Control an application in a form required by the Department accompanied by a copy of its in-state or out-of-state license and the fee as required by subdivision 231(a)(7)(C) of this title. The retail shipping license may be renewed annually by filing the renewal fee as required by subdivision 231(a)(7)(C) of this title accompanied by the licensee's current in-state or out-of-state manufacturer's license. This license permits the holder, which includes the holder's affiliates, franchises, and subsidiaries, to sell up to 5,000 gallons of vinous beverages a year directly to first- or second-class licensees and deliver the beverages by common carrier, the manufacturer's or rectifier's own vehicle, or the vehicle of an employee of a manufacturer or rectifier, provided that the beverages are sold on invoice, and no more than 100 gallons per month are sold to any single first- or second-class licensee. The retail shipping license holder shall report to the Department documentation of the annual and monthly number of gallons sold. Vinous beverages under this section may be delivered by the vehicle of a second-class license holder if the second-class licensee cannot obtain the vinous beverages from a wholesale dealer.

    (d) Pursuant to a consumer shipping license granted under subsection (a) or (b) of this section, the licensee may ship vinous beverages or malt beverages produced by the licensee:

    (1) Only to private residents for personal use and not for resale.

    (2) No more than 12 cases containing no more than 29 gallons of vinous beverages or no more than 12 cases of malt beverages containing no more than 36 gallons of malt beverages to any one Vermont resident in any calendar year.

    (3) Only by common carrier certified by the Department. The common carrier shall comply with all the following:

    (A) deliver beverages pursuant to an invoice that includes the name of the licensee and the name and address of the purchaser;

    (B) on delivery, require a valid form of photographic identification from a recipient who appears to be under age 30;

    (C) require the recipient to sign an electronic or paper form or other acknowledgement of receipt.

    (e) A holder of any shipping license granted pursuant to this section shall:

    (1) ensure that all containers of alcoholic beverages shipped under this section are clearly labeled: "contains alcohol; signature of individual age 21 or older required for delivery";

    (2) not ship to any address in a municipality that the Department identified as having voted to be "dry";

    (3) retain a copy of each record of sale for a minimum of five years from the date of shipping;

    (4) report at least twice a year to the Department of Liquor Control if a holder of a direct consumer shipping license and once a year if a holder of a retail shipping license in a manner and form required by the Department all the following information:

    (A) the total amount of vinous beverages or malt beverages shipped into or within the State for the preceding six months if a holder of a direct consumer shipping license or every 12 months if a holder of a retail shipping license;

    (B) the names and addresses of the purchasers to whom the beverages were shipped;

    (C) the date purchased, if appropriate, the name of the common carrier used to make each delivery, and the quantity and value of each shipment.

    (5) pay directly to the Commissioner of Taxes the amount of tax on the vinous beverages or malt beverages shipped under this section pursuant to subsection 421(a) of this title, and comply with the provisions of 32 V.S.A. chapter 233, 24 V.S.A. § 138, and any other legally authorized local sales taxes. Delivery in this State shall be deemed to constitute a sale in this State at the place of delivery and shall be subject to all appropriate taxes levied by the State of Vermont;

    (6) permit the State Treasurer, the Department of Liquor Control, and the Department of Taxes, separately or jointly, upon request, to perform an audit of its records;

    (7) if an out-of-state license holder, be deemed to have consented to the jurisdiction of the Department of Liquor Control or any other State agency and the Vermont State courts concerning enforcement of this or other applicable laws and regulations;

    (8) not have any direct or indirect financial interest in a Vermont wholesale dealer or retail dealer, including a first-, second-, or third-class license;

    (9) comply with all Liquor Control Board laws and regulations; and

    (10) comply with the beverage container deposit redemption system pursuant to 10 V.S.A. chapter 53.

    (f) A common carrier shall not deliver vinous beverages or malt beverages until it has complied with the training provisions in subsections 239(a) and (b) and subdivision 239(d)(5) of this title and been certified by the Department of Liquor Control. No employee of a certified common carrier may deliver vinous beverages or malt beverages until that employee completes the training provisions in subsection 239(c) of this title. A common carrier shall deliver only vinous beverages or malt beverages that have been shipped by the holder of a license issued under this section or a vinous beverage storage license issued under section 68 of this title.

    (g) The Departments of Liquor Control and of Taxes may adopt rules and forms necessary to implement this section.

    (h) Direct shipments of vinous beverages or malt beverages are prohibited if the shipment is not specifically authorized and in compliance with this section. Any person who knowingly makes, participates in, imports, or receives a direct shipment of vinous beverages or malt beverages from a person who is not licensed or certified as required by this section may be fined not more than $1,000.00 or imprisoned not more than one year, or both.

    (i) A licensee under this section or a common carrier that ships vinous beverages or malt beverages to an individual under 21 years of age shall be fined not less than $1,000.00 or more than $3,000.00 or imprisoned not more than two years, or both.

    (j) For any violation of this section, the Liquor Control Board may suspend or revoke a license issued under this section, among all other remedies available to the Board. (Added 1999, No. 163 (Adj. Sess.), § 2a; amended 2005, No. 140 (Adj. Sess.), § 4, eff. May 10, 2006; 2005, No. 202 (Adj. Sess.), § 1; 2007, No. 151 (Adj. Sess.), § 3, eff. May 19, 2008; 2011, No. 115 (Adj. Sess.), § 2; 2013, No. 34, § 2; 2013, No. 64, § 2; 2013, No. 202 (Adj. Sess.), § 5, eff. June 24, 2014; 2015, No. 149 (Adj. Sess.), § 43.)

  • § 67. Alcoholic beverage tastings; permit; penalties

    (a) Upon submission to the Department of 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 five days prior to the date of the alcoholic 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 beverage tasting event to:

    (1) A second-class licensee. The permit authorizes the employees of the permit holder to dispense to retail customers of legal age on the licensee's premises vinous or malt beverages by the glass not to exceed two ounces of each vinous or malt beverage with a total of eight ounces of vinous or malt beverages. 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 48 tastings a year. In addition to the 48 tastings, a second-class licensee may conduct no more than five beverage tastings per week provided the tastings are conducted as part of an educational food preparation class or course conducted by the licensee on the licensee's premises and provided the licensee has acquired a permit for each tasting.

    (2) A licensed manufacturer or rectifier of vinous or malt beverages. The permit authorizes the permit holder to dispense to retail customers of legal age for consumption on the premises of a second-class licensee beverages produced by the manufacturer or rectifier by the glass not to exceed two ounces of each beverage with a total of eight ounces of vinous or malt beverages. A manufacturer or rectifier may conduct no more than 48 tastings per year.

    (b) A wine or beer tasting event held pursuant to subdivisions (a)(1) and (2) of this section, not including an alcohol beverage tasting conducted on the premises of the manufacturer or rectifier, shall comply with the following:

    (1) Continue for no more than six hours, 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) Be conducted totally within a designated area that extends no further than 10 feet from the point of service and that is marked by a clearly visible sign that states that no one under the age of 21 may participate in the tasting.

    (c) The holder of a permit issued under this section shall keep an accurate accounting of the beverages consumed at a tasting event and shall be responsible for complying with all applicable laws under this title.

    (d) Promotional alcoholic beverage tasting:

    (1) At the request of a holder of a first- 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 and are off duty for the rest of the day, two ounces per person of vinous or malt beverages for the purpose of promoting the beverage. At the request of a holder of a third-class license, a manufacturer or rectifier of spirits or fortified wines may distribute without charge to the third-class licensee's management and staff, provided they are of legal drinking age and are off duty for the rest of the day, one-quarter ounce of each beverage and no more than a total of one ounce to each individual 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 two 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.

    (4) Upon receipt of a first- or second-class application by the Department, a holder of a wholesale dealer's license may dispense malt or vinous beverages for promotional purposes without charge to invited management and staff of a business that has applied for a first- or second-class license, provided they are of legal drinking age. The event shall be held on the premises of the first- or second-class applicant. The first- or second-class applicant shall be responsible for complying with all applicable laws under this title. No malt or vinous beverages shall be left behind. No permit is required under this subdivision, but the wholesale dealer shall provide written notice of the event to the Department at least five days prior to the date of the tasting. The Department shall post notice of the pending application on its website.

    (e) Tastings for product quality assurance. A licensed manufacturer or rectifier may distribute to its management and staff who are directly involved in the production of the licensee's products, provided they are of legal drinking age and at the licensed premises, samples of the licensee's products for the purpose of assuring the quality of the products. Each sample of vinous or malt beverages shall be no larger than two ounces, and each sample of spirits or fortified wines shall be no larger than one-quarter ounce. No permit is required under this subsection.

    (f) Age and training of servers. No individual who is under 18 years of age or who has not received training as required by the Department may serve alcoholic beverages at an event under this section.

    (g) Penalties. The holder of a permit issued under this section that provides alcoholic beverages to an underage individual or permits an individual under 18 years of age to serve alcoholic beverages at a 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; 2009, No. 102 (Adj. Sess.), § 3, eff. May 11, 2010; 2011, No. 115 (Adj. Sess.), § 3; 2013, No. 202 (Adj. Sess.), § 2, eff. June 24, 2014; 2015, No. 51, § A.14, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 2.)

  • § 68. Vinous beverage storage and shipping license

    The liquor control board may grant to a person who operates a climate-controlled storage facility in which vinous beverages owned by another person are stored for a fee a license that allows the licensee to store and transport vinous beverages on which all applicable taxes already have been paid. A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous manufacturer that has an in-state or out-of-state consumer shipping license pursuant to section 66 of this title. Vinous beverages stored may be transported only for shipment to the owner of the beverages or to another licensed vinous beverage storage facility, and the beverages shall be shipped only by common carrier in compliance with subsection 66(f) of this title. The licensee shall pay a fee pursuant to subdivision 231(a)(20) of this title. A license under this section shall be issued pursuant to rules adopted by the board. A person granted a license pursuant to this section may not sell or resell any vinous beverages stored at the storage facility. (Added 2007, No. 151 (Adj. Sess.), § 1, eff. May 19, 2008.)

  • § 69. Powdered alcohol products

    (a) A person knowingly and unlawfully possessing a powdered alcohol product shall be fined not more than $500.00.

    (b) A person knowingly and unlawfully selling a powdered alcohol product shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

    (c) As used in this section, "powdered alcohol product" means any alcoholic powder that can be added to water or food. (Added 2013, No. 202 (Adj. Sess.), § 7, eff. June 24, 2014.)

  • [Section 70 repealed effective July 1, 2017.]§ 70. Manufacturers of malt beverages; transfer of malt beverages between licensed locations

    (a) A licensed manufacturer of malt beverages may transfer malt beverages to a second licensed manufacturer of malt beverages provided:

    (1) the manufacturers are part of the same company;

    (2) one manufacturer owns the controlling interest in the other manufacturer; or

    (3) the controlling interest in each manufacturer is owned by the same person.

    (b) For each transfer of malt beverages pursuant to this section, the manufacturers shall:

    (1) document on invoices the amount of malt beverages transferred; and

    (2) prepare and maintain records of each transfer in accordance with all applicable federal laws and regulations.

    (c) The tax on malt beverages pursuant to section 421 of this title shall not be due at the time of the transfer, but shall be paid as provided in section 421 of this title when the transferred malt beverages are either:

    (1) sold by a wholesaler or bottler to a retailer in this State; or

    (2) sold at retail by the manufacturer that received the transferred malt beverages. (Added 2015, No. 144 (Adj. Sess.), § 13a.)