§ 61. Restrictions; exceptions
(a) A person shall not furnish or sell, or keep with intent to sell, any alcoholic beverages,
or manufacture, sell, barter, transport, import, export, deliver, prescribe, furnish,
or possess any alcohol, except as authorized by this title.
(b) Notwithstanding subsection (a) of this section, this chapter shall not apply to:
(1) the furnishing of alcoholic beverages by an individual in his or her private dwelling
unless the dwelling becomes a place of public resort;
(2) the use of sacramental wine; or
(3) the furnishing, purchase, sale, barter, transportation, importation, exportation,
delivery, prescription, or possession of alcohol for manufacturing, mechanical, medicinal,
and scientific purposes, provided that it is done in accordance with the rules of
the Board of Liquor and Lottery and licenses and permits issued by the Board of Liquor
and Lottery or Division of Liquor Control as provided in this title. (Amended 2013, No. 72, § 23; 2017, No. 83, § 6; 2018, No. 1 (Sp. Sess.), § 3.)
§ 62. Hours of sale
(a) First- or first- and third-class licensees or festival, special event, or educational
sampling event permit holders, may sell alcoholic beverages between the hours of 8:00
a.m. and 2:00 a.m. the next morning.
(b)(1) Second-class licensees may sell malt beverages, vinous beverages, and ready-to-drink
spirits beverages between the hours of 6:00 a.m. and 12:00 midnight.
(2) Fourth-class licensees may sell or furnish alcoholic beverages between the hours of
6:00 a.m. and 12:00 midnight.
(c) The Board of Liquor and Lottery 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; 2017, No. 83, § 7; 2018, No. 1 (Sp. Sess.), § 4; 2021, No. 177 (Adj. Sess.), § 2, eff. July 1, 2022.)
§ 63. Importation or transportation of alcohol; prohibitions; personal import limit; penalty
(a)(1) All spirits and fortified wines imported or transported into this State shall be imported
or transported by and through the Board of Liquor and Lottery. A person importing
or transporting or causing to be imported or transported into this State any spirits
or fortified wines, or both, in violation of this section shall be imprisoned not
more than one year or fined not more than $5,000.00, or both.
(2) Notwithstanding subdivision (1) of this subsection, a person may import or transport
not more than eight quarts of spirits or fortified wines, or both, into this State
in the person’s own private vehicle or in his or her actual possession at the time
of importation without a license or permit, provided the beverages are not for resale.
(b)(1) Except as provided in sections 277, 278, and 283 of this title, all malt beverages, vinous beverages, or ready-to-drink spirits beverages, or a
combination of malt beverages, vinous beverages, and ready-to-drink spirits beverages,
imported or transported into this State shall be imported or transported by and through
the holder of a wholesale dealer’s license issued by the Board of Liquor and Lottery.
A person importing or transporting or causing to be imported or transported into this
State any malt beverages, vinous beverages, or ready-to-drink spirits beverages in
violation of this section shall be imprisoned not more than one year or fined not
more than $1,000.00, or both.
(2) Notwithstanding subdivision (1) of this subsection, a person may import or transport
not more than six gallons of malt beverages, vinous beverages, or ready-to-drink spirits
beverages, or a combination of malt beverages, vinous beverages, and ready-to-drink
spirits beverages, into this State in the person’s own private vehicle or in the person’s
actual possession at the time of importation without a license or permit, provided
the beverages are 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; 2017, No. 83, § 8; 2018, No. 1 (Sp. Sess.), § 5; 2019, No. 73, § 2; 2021, No. 177 (Adj. Sess.), § 3, eff. July 1, 2022.)
§ 64. Sale of malt beverages and vinous beverages in kegs
(a) A keg shall be sold by a second-class or fourth-class licensee only under the following
conditions:
(1) The keg shall be tagged in a manner and with a label approved by the Board of Liquor
and Lottery. The label shall be supplied and securely affixed to the keg by the wholesale
dealer or, in the case of a second-class license issued for the premises of a licensed
manufacturer or a fourth-class licensee, by the manufacturer.
(2) A purchaser shall exhibit a valid authorized form of identification upon demand of
a licensee or an agent of a licensee. If the purchaser fails to provide a valid authorized
form of identification, the licensee shall be entitled to refuse to sell the keg to
the individual. As used in this subsection, “a valid authorized form of identification”
has the same meaning as in section 589 of this title.
(3) The purchaser shall complete a form, provided by the Board, that includes at least
the name, address, and date of birth of the purchaser as they appear on the purchaser’s
valid authorized form of identification and the identification number of the keg.
The form shall also include the provisions of this section and the penalties for a
violation of this section. 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.
(b) A licensee shall not:
(1) sell a keg without a legible label attached; or
(2) return a deposit on a keg that is returned without the label intact.
(c) Any person, other than a wholesale dealer or manufacturer, who intentionally removes
or defaces the label attached to a keg shall be fined not more than $1,000.00. (Added 1991, No. 255 (Adj. Sess.), § 1; amended 1997, No. 117 (Adj. Sess.), § 4; 2009, No. 102 (Adj. Sess.), § 2, eff. May 11, 2010; 2017, No. 83, § 9; 2018, No. 1 (Sp. Sess.), § 6; 2019, No. 73, § 3.)
§ 65. Purchase of kegs
Any individual who, within 60 days of purchase, fails to return a keg sold pursuant
to section 64 of this chapter to the second-class or fourth-class licensee from which
the keg was purchased shall be fined $200.00. (Added 1991, No. 255 (Adj. Sess.), § 2; amended 2017, No. 83, § 120; 2019, No. 73, § 4.)
§ 66. Home-fermented malt and vinous beverages; tasting event
(a) An individual 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 individual does not exceed
the quantities limitation in 26 U.S.C. §§ 5042 and 5053.
(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 Division not 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 Division.
(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) [Repealed.]
(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; 2017, No. 83, § 11; 2018, No. 1 (Sp. Sess.), § 7.)
§ 67. Powdered alcohol products
(a) It shall be unlawful for a person to knowingly possess or sell a powdered alcohol
product.
(b) A person that knowingly possesses a powdered alcohol product shall be fined not more
than $500.00.
(c) A person that knowingly sells a powdered alcohol product shall be imprisoned not more
than two years or fined not more than $10,000.00, or both.
(d) 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; amended 2017, No. 83, § 12.)
§ 68. Redesignated. 2017, No. 83, § 68.
§ 69. Redesignated. 2017, No. 83, § 12.
§ 70. Repealed. 2015, No. 144 (Adj. Sess.), § 13b, eff. July 1, 2017.