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Searching 2017-2018 Session

The Vermont Statutes Online

Title 7: Alcoholic Beverages

Chapter 005: DEPARTMENT OF LIQUOR CONTROL

  • § 101. Composition of Department; Commissioner of Liquor Control; Liquor Control Board

    (a) The Department of Liquor Control, created by 3 V.S.A. § 212, shall include the Commissioner of Liquor Control and the Liquor Control Board.

    (b)(1) The Liquor Control Board shall consist of five persons, not more than three members of which shall belong to the same political party.

    (2)(A) With the advice and consent of the Senate, the Governor shall appoint members of the Board for staggered five-year terms.

    (B) The Governor shall fill a vacancy occurring during a term by an appointment for the unexpired term in accordance with the provisions of 3 V.S.A. § 257(b).

    (C) A member's term of office shall commence on February 1 of the year in which the member is appointed.

    (3) A member of the Board may serve for no more than two consecutive full terms. A member who is appointed to fill a vacancy occurring during a term may serve two consecutive full terms in addition to the unexpired portion of the term during which the member is first appointed.

    (4) The Governor shall biennially designate a member of the Board to be its Chair. (Amended 1959, No. 329 (Adj. Sess.), § 32, eff. March 1, 1961; 2011, No. 115 (Adj. Sess.), § 8, eff. May 9, 2012; 2015, No. 144 (Adj. Sess.), § 14.)

  • § 102. Removal

    Notwithstanding any provision of 3 V.S.A. § 2004 to the contrary, after notice and hearing, the Governor may remove a member of the Liquor Control Board for incompetency, failure to discharge his or her duties, malfeasance, immorality, or other cause inimical to the general good of the State. In case of such removal, the Governor shall appoint a person to fill the unexpired term. (Amended 2015, No. 144 (Adj. Sess.), § 15.)

  • § 103. Meetings

    The Board shall meet as may be required for the performance of its duties. The time and place for each meeting shall be designated by the Chair of the Board. The Chair shall call a meeting upon the written request of any two members or upon the written request of the Governor. (Amended 2013, No. 161 (Adj. Sess.), § 72; 2017, No. 83, § 13.)

  • § 104. Duties; authority to resolve alleged violations

    The Board shall supervise and manage the sale of spirits and fortified wines within the State in accordance with the provisions of this title, and through the Commissioner of Liquor Control shall:

    (1)(A) See that the laws relating to alcohol and alcoholic beverages are enforced, using for that purpose as much of the monies annually available to the Liquor Control Board as may be necessary.

    (B) The Liquor Control Board and its agents and investigators shall act in this respect in collaboration with sheriffs, deputy sheriffs, constables, law enforcement officers certified as Level II or Level III pursuant to 20 V.S.A. chapter 151, and members of village and city police forces, control commissioners, the Attorney General, State's Attorneys, and town and city grand jurors.

    (C) When the Board acts to enforce any section of this title or any administrative rule relating to sale to minors, its investigation on the alleged violation shall be forwarded to the Attorney General or the appropriate State's Attorney whether or not there is an administrative finding of wrongdoing. Nothing in this section shall be deemed to affect the responsibility or duties of law enforcement officers or agencies with respect to the enforcement of the provisions of this title.

    (D) The Commissioner or designee is authorized to prosecute administrative matters under this section and shall have the authority to enter into direct negotiations with a licensee to reach a proposed resolution or settlement of an alleged violation, subject to Board approval, or dismissal with or without prejudice.

    (2) Supervise the opening and operation of local agencies for the sale and distribution of spirits and fortified wines.

    (3) Locate, establish, and supervise the operation of a central liquor warehouse and office for the purpose of supplying spirits and fortified wines to local agencies established in accordance with this title and for the purpose of selling spirits and fortified wines to licensees of the third-class and fortified wine permit holders.

    (4) Supervise the financial transactions of the central liquor warehouse and office, and the local agencies established in accordance with this title.

    (5) Adopt rules necessary for the execution of its powers and duties and of the powers and duties of all persons under its supervision and control.

    (6) Employ assistants, investigators, and other officers as it deems necessary, subject to the approval of the Governor.

    (7) Fix bonds or other security to be given by licensees.

    (8) Adopt rules concerning, and issue licenses and permits under whatever terms and conditions it may impose for the furnishing, purchasing, selling, bartering, transporting, importing, exporting, delivering, and possessing of alcohol, including denatured alcohol, for manufacturing, mechanical, medicinal, and scientific purposes.

    (9) Adopt rules regarding labeling and advertising of alcoholic beverages by adoption of federal regulations or otherwise, and collaborate with federal agencies in respect to the adoption and the enforcement of the rules.

    (10) Adopt rules relating to extension of credit by and to licensees or permittees.

    (11) Adopt rules regarding intrastate transportation of malt and vinous beverages. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1975, No. 254 (Adj. Sess.), § 138; 1977, No. 54, § 1(a), eff. April 23, 1977; 1981, No. 246 (Adj. Sess.), § 1; 2011, No. 115 (Adj. Sess.), § 7; 2015, No. 23, § 80; 2015, No. 51, §§ A.5, A.14, eff. Jan. 1, 2016; 2017, No. 83, § 13.)

  • § 105. Duties of Attorney General

    The Attorney General shall collaborate with the Liquor Control Board for the enforcement of the provisions of subdivision (1) of section 104 of this title.

  • § 106. Commissioner of Liquor Control; reports; recommendations

    (a)(1) With the advice and consent of the Senate, the Governor shall appoint from among no fewer than three candidates proposed by the Liquor Control Board a Commissioner of Liquor Control for a term of four years.

    (2) The Board shall review the applicants for the position of Commissioner of Liquor Control and by a vote of the majority of the members of the Board shall select candidates to propose to the Governor. The Board shall consider each applicant's administrative expertise and his or her knowledge regarding the business of distributing and selling alcoholic beverages.

    (b) The Commissioner shall serve at the pleasure of the Governor until the end of the term for which he or she is appointed or until a successor is appointed. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2015, No. 144 (Adj. Sess.), § 16.)

  • § 107. Duties of Commissioner of Liquor Control

    The Commissioner of Liquor Control shall:

    (1) In towns that vote to permit the sale of spirits and fortified wines, establish local agencies as the Liquor Control Board shall determine. However, the Board shall not be obligated to establish an agency in every town that votes to permit the sale of spirits and fortified wines.

    (2) Recommend rules subject to approval and adoption by the Board governing the hours during which local agencies shall be open for the sale of spirits and fortified wines, the qualifications of the agencies' employees, and the business, operational, financial, and revenue standards that must be met for the establishment of an agency and its continued operation.

    (3) Recommend rules subject to approval and adoption by the Board governing:

    (A) the prices at which spirits shall be sold by local agencies, the method for their delivery, and the quantities of spirits that may be sold to any one person at any one time; and

    (B) the minimum prices at which fortified wines shall be sold by local agencies and second-class licensees that hold fortified wine permits, the method for their delivery, and the quantities of fortified wines that may be sold to any one person at any one time.

    (4) Supervise the quantities and qualities of spirits and fortified wines to be kept as stock in local agencies and recommend rules subject to approval and adoption by the Board regarding the filling of requisitions for spirits and fortified wines on the Commissioner of Liquor Control.

    (5) Purchase spirits and fortified wines for and in behalf of the Liquor Control Board; supervise their storage and distribution to local agencies, third-class licensees, and holders of fortified wine permits; and recommend rules subject to approval and adoption by the Board regarding the sale and delivery from the central liquor warehouse.

    (6) Check and audit the income and disbursements of all local agencies and the central storage plant.

    (7) Report to the Board regarding the State's liquor control system and make recommendations for the promotion of the general good of the State.

    (8) Devise methods and plans for eradicating intemperance and promoting the general good of the State and make effective such methods and plans as part of the administration of this title. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2001, No. 143 (Adj. Sess.), § 8, eff. June 21, 2002; 2015, No. 51, §§ A.6, A.14, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 17; 2017, No. 83, § 13.)

  • § 108. Enforcement by board; regulations; forms and reports

    The Liquor Control Board shall administer and enforce the provisions of this title, and is authorized and empowered to adopt rules and issue the necessary blanks, forms, and reports, except reports to the Commissioner of Taxes and to the Commissioner of Public Safety, as may be necessary to carry out the provisions of this title. (Amended 2017, No. 83, § 13.)

  • § 109. Audit of accounts of liquor control board

    All accounts of the Liquor Control Board shall be audited annually by the Auditor of Accounts and the annual report of the audit shall accompany the annual reports of the Liquor Control Board. (Amended 2017, No. 83, § 13.)

  • § 110. Special brands; purchase by Commissioner of Liquor Control

    If a person desires to purchase any class, variety, or brand of spirits or fortified wine that a local agency or fortified wine permit holder does not have in stock, the Commissioner of Liquor Control shall order the product upon the payment of a reasonable deposit by the purchaser in a proportion of the approximate cost of the order as prescribed by the rules of the Liquor Control Board. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2015, No. 51, § A.7, eff. Jan. 1, 2016; 2017, No. 83, § 13.)

  • § 111. Transfer of local agency store in conjunction with sale of real property or business

    (a) If a proposed sale of real estate or a business in which a local agency store is located is contingent on the transfer of the agency store's contract with the Board to the buyer, the seller and buyer may, prior to completing the sale, submit to the Department a request to approve the transfer of the agency store's contract to the buyer. The request shall be accompanied by any information required by the Department.

    (b) The Department shall review the request and evaluate the buyer based on the standards for evaluating an applicant for a new agency store contract.

    (c) Within 30 days after receiving the request and all necessary information, the Department shall complete the evaluation of the proposed transfer and notify the parties of whether the agency store's contract may be transferred to the buyer.

    (d)(1) If the transfer is approved, the contract shall transfer to the buyer upon completion of the sale.

    (2) If the transfer is denied, the seller may continue to operate the agency store pursuant to the existing contract with the Department. (Added 1987, No. 188 (Adj. Sess.), § 3, eff. May 11, 1988; amended 2015, No. 51, § A.14, eff. Jan. 1, 2016; 2017, No. 83, § 13.)

  • § 112. Liquor Control Enterprise Fund

    The Liquor Control Enterprise Fund is established. It shall consist of all receipts from the sale of spirits, fortified wines, and other items by the Liquor Control Board and Department of Liquor Control; fees paid to the Department of Liquor Control for the benefit of the Department; all other amounts received by the Department of Liquor Control for its benefit; and all amounts that are from time to time appropriated to the Department of Liquor Control. (Added 1995, No. 63, § 278; amended 2005, No. 215 (Adj. Sess.), § 344; 2015, No. 51, § A.8, eff. Jan. 1, 2016; 2017, No. 83, § 13.)