The Vermont Statutes Online

Title 7: Alcoholic Beverages, Cannabis, and Tobacco

Chapter 009: Licensing

• Subchapter 001: GENERAL PROVISIONS

• § 201. Licenses contingent on town vote

  Licenses of the first or second class shall not be granted by the control commissioners or the Board of Liquor and Lottery to be exercised in any city or town, the voters of which vote “No” on the question of whether to permit the sale of malt beverages, vinous beverages, and ready-to-drink spirits beverages pursuant to section 161 of this title. Licenses of the third class shall not be granted by the Board of Liquor and Lottery to be exercised in any city or town, the voters of which vote “No” on the question of whether to sell fortified wines and spirits pursuant to section 161 of this title. (Amended 2017, No. 83, § 20; 2018, No. 1 (Sp. Sess.), § 24; 2021, No. 177 (Adj. Sess.), § 6, eff. July 1, 2022.)

• § 202. Licenses to enforcement officer or control commissioner; exceptions

  (a) No license of any class shall be granted to any enforcement officer or to any person acting in the officer’s behalf.

  (b) A member of a local control commission to whom or in behalf of whom a first- or second-class license was issued by that commission shall not participate in any control commission action regarding any first- or second-class license. If a majority of the members of a local control commission is unable to participate in a control commission action regarding any first- or second-class license, that action shall be referred to the Board of Liquor and Lottery for investigation and action.

  (c) An application for a first- or second-class license by or in behalf of a member of the local control commission or a complaint or disciplinary action regarding a first- or second-class license issued by a commission on which any member is a licensee shall be referred to the Board of Liquor and Lottery for investigation and action. (Amended 1979, No. 115 (Adj. Sess.), § 1; 1981, No. 139 (Adj. Sess.), § 2; 1991, No. 66, § 1, eff. June 18, 1991; 2009, No. 10, § 2, eff. May 5, 2009; 2017, No. 83, § 21; 2018, No. 1 (Sp. Sess.), § 25.)

• § 203. Restrictions; financial interests; employees

  (a)(1) Except as provided in section 271 of this title, a packager, manufacturer, or rectifier licensed in Vermont or in another state; a certificate of approval holder; or a wholesale dealer shall not have any financial interest in the business of a first-, second-, or third-class licensee, and a first-, second-, or third-class licensee shall not have any financial interest in the business of a packager, manufacturer, or rectifier licensed in Vermont or in another state; a certificate of approval holder; or a wholesale dealer.

  (2) Notwithstanding subdivision (1) of this subsection and except as otherwise provided in section 271 of this title, a manufacturer of malt beverages may have a financial interest in the business of a first- or second-class license, and a first- or second-class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided the first- or second-class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest. Any manufacturer of malt beverages that has a financial interest in a first- or second-class licensee and any first- or second-class licensee that has a financial interest in a manufacturer of malt beverages, as permitted under this subdivision, shall provide to the Division of Liquor Control and the applicable wholesale dealer written notification of that financial interest and the licensees involved. A wholesale dealer shall not be in violation of this section for delivering malt beverages to a first- or second-class licensee that is prohibited from purchasing, possessing, or selling those malt beverages under this section.

  (b) An individual who is an employee of a wholesale dealer that does not hold a solicitor’s license may also be employed by a first- or second-class licensee on a paid or voluntary basis, provided that the employee does not exercise any control over, or participate in, the management of the first- or second-class licensee’s business or business decisions and that neither employment relationship results in the exclusion of any competitor wholesale dealer or any brand of alcoholic beverages of a competitor wholesale dealer. (Amended 1979, No. 103 (Adj. Sess.), § 2, eff. April 2, 1980; 2001, No. 143 (Adj. Sess.), § 10, eff. June 21, 2002; 2003, No. 24, § 1, eff. May 14, 2003; 2003, No. 27, § 1, eff. May 17, 2003; 2007, No. 94 (Adj. Sess.), § 1; 2013, No. 64, § 4; 2013, No. 72, § 25; 2017, No. 83, § 22; 2018, No. 1 (Sp. Sess.), § 26.)

• § 204. Application and renewal fees for licenses and permits; disposition of fees

  (a) The following fees shall be paid when applying for a new license or permit or to renew a license or permit:

  (1) For a manufacturer’s or rectifier’s license to manufacture or rectify malt beverages; or vinous beverages and fortified wines; or spirits, fortified wines, and ready-to-drink spirits beverages, $285.00 for each license.

  (2) For a packager’s license, $1,865.00.

  (3) For a wholesale dealer’s license, $1,245.00 for each location.

  (4) For a first-class license, $230.00.

  (5) For a second-class license, $140.00.

  (6) For a third-class license, $1,095.00 for an annual license and $550.00 for a six-month license. For a stand-alone third-class license, the issuing municipality may assess an additional $50.00 local processing fee.

  (7) For a shipping license for malt beverages, vinous beverages, or ready-to-drink spirits beverages:

  (A) in-state consumer shipping license, $330.00;

  (B) out-of-state consumer shipping license, $330.00;

  (C) vinous beverages retail shipping license, $250.00.

  (8)(A) For a caterer’s license, $250.00.

  (B) For a commercial catering license, $220.00.

  (C) For a request to cater permit, $20.00.

  (9) For each fourth-class license, $70.00.

  (10) For an industrial alcohol distributor’s license, $220.00.

  (11) For a special events permit, $35.00.

  (12) For a sampling event permit, $125.00.

  (13) For an alcoholic beverages tasting permit, $25.00.

  (14) For a limited event permit, $250.00.

  (15) For an outside consumption permit, $20.00.

  (16) For a certificate of approval:

  (A) for malt beverages, $2,485.00;

  (B) for vinous beverages, $985.00;

  (C) for ready-to-drink spirits beverages, $985.00.

  (17) For a solicitor’s license, $70.00.

  (18) For a vinous beverages storage license, $235.00.

  (19) For a promotional railroad tasting permit, $20.00.

  (20) For a special venue serving permit, $20.00.

  (21) For a fortified wine permit, $100.00.

  (22) For a retail delivery permit, $100.00.

  (23) For a destination resort master license, $1,000.00.

  (24) For a third-class license granted to the holder of a manufacturer’s or rectifier’s license, $230.00.

  (b) Except for fees collected for first-, second-, and third-class licenses, the fees collected pursuant to subsection (a) of this section shall be deposited in the Liquor Control Enterprise Fund. The other fees shall be distributed as follows:

  (1) Third-class license fees: 55 percent shall go to the Liquor Control Enterprise Fund, and 45 percent shall go to the General Fund and shall fund alcohol abuse prevention and treatment programs. The local processing fee for stand-alone third-class licenses shall be retained by the issuing municipality.

  (2) First- and second-class license fees: At least 50 percent of first-class and second-class license fees shall go to the respective municipalities in which the licensed premises are located, and the remaining percentage of those fees shall go to the Liquor Control Enterprise Fund. A municipality may retain more than 50 percent of the fees that the municipality collected for first- and second-class licenses to the extent that the municipality has assumed responsibility for enforcement of those licenses pursuant to a contract with the Division. The Board of Liquor and Lottery shall adopt rules regarding contracts entered into pursuant to this subdivision. (Amended 1971, No. 64, § 2; 1975, No. 44, § 3, eff. April 15, 1975; 1975, No. 195 (Adj. Sess.), § 1, eff. March 27, 1976; 1985, No. 159 (Adj. Sess.), § 2; 2001, No. 143 (Adj. Sess.), § 11, eff. June 21, 2002; 2005, No. 96 (Adj. Sess.), § 3, eff. March 9, 2006; 2005, No. 140 (Adj. Sess.), §§ 7, 8, eff. May 10, 2006; 2005, No. 202 (Adj. Sess.), § 2; 2007, No. 76, § 8; 2007, No. 151 (Adj. Sess.), § 4, eff. May 19, 2008; 2009, No. 102 (Adj. Sess.), § 6, eff. May 11, 2010; 2011, No. 52, § 77, eff. May 27, 2011; 2011, No. 115 (Adj. Sess.), § 6; 2013, No. 72, § 26; 2015, No. 51, § A.12, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 3; 2015, No. 149 (Adj. Sess.), § 38; 2017, No. 83, § 23; 2018, No. 1 (Sp. Sess.), § 27; 2021, No. 70, § 1; 2021, No. 177 (Adj. Sess.), § 7, eff. July 1, 2022; 2023, No. 67, § 2, eff. July 1, 2023.)

• § 205. Terms of permits, licenses, and certificates

  (a) All permits, licenses, and certificates shall expire one year after the date of issuance.

  (b) A permit, license, or certificate may be renewed as follows:

  (1) A first-class or second-class license, and an outside consumption permit associated with a first-class license, may be renewed by:

  (A) payment of the fee provided in section 204 of this title;

  (B) submission to the local control commissioners of an application demonstrating that the licensee satisfies all applicable rules and requirements; and

  (C) approval of the Board of Liquor and Lottery as provided in section 221, 222, or 227 of this title.

  (2) All other permits, licenses, and certificates may be renewed by:

  (A) payment of the fee provided in section 204 of this title; and

  (B) submission to the Board of Liquor and Lottery or the Division, as appropriate, of an application demonstrating that the holder satisfies all applicable rules and requirements. (Amended 1975, No. 44, § 4, eff. April 15, 1975; 1995, No. 63, § 278a; 2001, No. 143 (Adj. Sess.), § 12, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 3, eff. July 1, 2007; 2017, No. 83, § 24; 2018, No. 1 (Sp. Sess.), § 28; 2019, No. 154 (Adj. Sess.), § E.237.1, eff. Oct. 2, 2020.)

• § 206. Disposal of fees

  The control commissioners shall collect all fees for first- and second-class licenses and shall pay the fees to the Division and the city and town treasurers of the respective cities and towns where the fees are collected as provided in subsection 204(b) of this chapter. The portion of each fee paid to the city or town may be used as it may direct, less a fee of $5.00 to be retained by the city or town clerk as a fee for issuing and recording the license. Except as otherwise provided in sections 274 and 275 of this title, fees for all other licenses shall be paid to the Board of Liquor and Lottery. (Amended 1971, No. 84, § 1; 1979, No. 161 (Adj. Sess.), § 1; 2001, No. 143 (Adj. Sess.), § 13, eff. June 21, 2002; 2017, No. 83, § 25; 2018, No. 1 (Sp. Sess.), § 29.)

• § 207. Change of location

  If a licensee desires to change the location of its business before the expiration of its license, the licensee may submit an application to the Board of Liquor and Lottery, which may amend the license to cover the new premises without the payment of any additional fee. (Amended 2017, No. 83, § 26; 2018, No. 1 (Sp. Sess.), § 30.)

• § 208. Display of license

  All licenses or permits granted under this title shall be conspicuously displayed on the premises for which the license or permit is granted. (Added 2017, No. 83, § 27.)

• § 209. Bankruptcy, death, and revocation

  (a) If a licensee or permittee becomes bankrupt or dies before the expiration of its license or permit, the licensee’s or permittee’s trustee, executor, or administrator may sell the alcohol that came into its possession to a holder of a license or permit of the same class.

  (b) If a license or permit is revoked under the provisions of this title, after the revocation, the licensee or permittee may sell the alcohol in its possession at the time of the revocation to a holder of a license or permit of the same class.

  (c)(1) All sales under this section shall be made within 30 days after the bankruptcy, death, or revocation and shall include immediate and actual delivery of the alcohol.

  (2) Notwithstanding subdivision (1) of this subsection, upon application of the executor or administrator of a deceased licensee or permittee, the Board may transfer the license or permit of the decedent to the executor or administrator without payment of any additional fee, and the executor or administrator may then carry on the business of the decedent under the license or permit until its expiration.

  (d)(1) The holder of a manufacturer’s or rectifier’s license may pledge or mortgage alcoholic beverages manufactured or rectified by the licensee, and the pledgee or mortgagee may retain possession of the alcoholic beverages and, if the licensee defaults, may sell and dispose of the alcoholic beverages to persons to whom the licensee might lawfully sell the alcoholic beverages, subject to the same restrictions and regulations as the licensee and to any further restriction or rules prescribed by the Board of Liquor and Lottery with respect to advance notice to it of the sale and determination by it of the persons entitled to buy and the manner of the sale.

  (2) Any sale pursuant to a default on a pledge or mortgage shall not be at public auction as required with respect to similar sales of other property but shall be upon not less than 10 days’ notice to the pledgor or mortgagor and for the highest amount that may be offered pursuant to the rules of the Board of Liquor and Lottery. (Amended 2001, No. 143 (Adj. Sess.), § 14, eff. June 21, 2002; 2017, No. 83, § 28; 2018, No. 1 (Sp. Sess.), § 31.)

• § 210. Suspension or revocation of license or permit; administrative penalty

  (a)(1) The control commissioners or the Board of Liquor and Lottery shall have power to suspend or revoke any permit or license granted pursuant to this title in the event the person holding the permit or license shall at any time during the term of the permit or license conduct its business in violation of this title, the conditions pursuant to which the permit or license was granted, or any rule prescribed by the Board of Liquor and Lottery.

  (2) No revocation shall be made until the permittee or licensee has been notified and given a hearing before the Board of Liquor and Lottery, unless the permittee or licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title.

  (3) In the case of a suspension, the permittee or licensee shall be notified and given a hearing before the Board of Liquor and Lottery or the local control commissioners, whichever applies.

  (4) Any decision to suspend or revoke a license shall be issued in writing and set forth the reasons for the suspension or revocation and, if applicable, the duration of the suspension.

  (5) A tobacco license may not be suspended or revoked for a first-time violation. Suspension or revocation of a tobacco license shall not affect any liquor license held by the licensee.

  (b)(1) In addition to the authority to suspend or revoke any permit or license, the Board of Liquor and Lottery may impose an administrative penalty of up to $7,500.00 per violation against a holder of a wholesale dealer’s license or a holder of a first-, second-, or third-class license for a violation of the conditions of the license or of this title or of any rule adopted by the Board.

  (2) The administrative penalty may be imposed after a hearing before the Board or after the licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title.

  (3) The Board may also impose an administrative penalty under this subsection against a holder of a tobacco license of up to $250.00 for a first violation and up to $2,500.00 for subsequent violations.

  (4) For the first violation during a tobacco or alcohol compliance check during any three-year period, a licensee or permittee shall receive a warning and be required to attend a Division server training class.

  (c) For suspension or revocation proceedings involving a tobacco license or the imposition of an administrative penalty against a tobacco licensee under this section, the Commissioner, a Board member designated by the Chair, or a hearing officer designated by the Chair pursuant to section 211 of this title may conduct the hearing and render a decision.

  (d)(1) The Board shall subpoena any person in this State to appear for a hearing or for a deposition in the same manner as prescribed for judicial procedures.

  (2) Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the Board as are paid in Superior Court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1989, No. 197 (Adj. Sess.); 1991, No. 70, § 3, eff. May 1, 1992; 1993, No. 11, § 1, eff. April 27, 1993; 1997, No. 58, § 7; 2001, No. 147 (Adj. Sess.), § 1, eff. June 21, 2002; 2017, No. 83, § 29; 2018, No. 1 (Sp. Sess.), § 32; 2019, No. 73, § 5.)

• § 211. Hearing officers

  (a) The Chair of the Board of Liquor and Lottery may appoint a hearing officer to conduct hearings pursuant to section 210 of this title. A hearing officer may be a member of the Board appointed under section 210 of this title.

  (b) The hearing officer may administer oaths in all cases, so far as the exercise of that power is properly incidental to the performance of the hearing officer’s duty or that of the Board. A hearing officer may hold any hearing in any matter within the jurisdiction of the Board.

  (c) The hearing officer shall make findings of fact in writing to the Board in the form of a proposal for decision. A copy of the proposal for decision shall be served upon the parties pursuant to 3 V.S.A. § 812. Judgment on the hearing officer’s proposal for decision shall be rendered by a majority of the Board.

  (d) At least 10 days prior to a hearing, the hearing officer shall give written notice of the time and place of the hearing to all parties in the case and shall indicate either that the hearing will be before the Board or the name and title of the person designated to conduct the hearing.

  (e) The Chair may appoint a hearing officer to hear and finally determine any complaint involving a tobacco license. In such a case, the hearing officer may impose administrative penalties as provided in subsection 210(b) of this title. (Added 1997, No. 58, § 8; amended 2017, No. 83, § 30; 2018, No. 1 (Sp. Sess.), § 33.)

• § 212. Complaints and prosecutions

  The Commissioner of Liquor and Lottery or the local control commissioners shall make complaint to the State’s Attorney or other designee of the legislative body of the municipality of any unlawful furnishing, selling, or keeping for sale of alcohol or alcoholic beverages and provide evidence in support of the complaint to the State’s Attorney or that municipal designee, who shall prosecute for the alleged violation. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2017, No. 83, § 31; 2017, No. 93 (Adj. Sess.), § 5; 2018, No. 1 (Sp. Sess.), § 34.)

• § 213. Licensee education

  (a) A new first-class, second-class, third-class, fourth-class, or manufacturer’s or rectifier’s license or common carrier certificate shall not be granted until the applicant has attended a Division of Liquor Control in-person seminar or completed the appropriate Division of Liquor Control online training program for the purpose of being informed of the Vermont laws and rules pertaining to the purchase, storage, and sale of alcoholic beverages. A corporation, partnership, or association shall designate a director, partner, or manager who shall comply with the terms of this subsection.

  (b)(1) Every holder of a first-class, second-class, third-class, fourth-class, or manufacturer’s or rectifier’s license or common carrier certificate shall complete the Division of Liquor Control in-person licensee training seminar or the appropriate Division of Liquor Control online training program at least once every two years. A corporation, partnership, or association shall designate a director, partner, or manager who shall comply with the terms of this subsection.

  (2) A first-class, second-class, third-class, fourth-class, or manufacturer’s or rectifier’s license shall not be renewed unless the Division’s records show that the licensee has complied with the terms of this subsection.

  (c)(1) Each licensee, permittee, or common carrier certificate holder shall ensure that every employee who is involved in the delivery, sale, or serving of alcoholic beverages completes a training program approved by the Division of Liquor Control before the employee begins delivering, serving, or selling alcoholic beverages and at least once every 24 months thereafter. Each licensee shall maintain written documentation, signed by each employee trained, of each training program conducted.

  (2) A licensee may comply with this requirement by conducting its own training program on its premises using information and materials furnished or approved by the Division of Liquor Control. A licensee who fails to comply with the requirements of this subsection shall be subject to a suspension of the license issued under this title for not less than one day or a fine of not more than $100.00, or both.

  (d) The following fees for Division of Liquor Control in-person or online seminars shall be paid:

  (1) For a first-class or first- and third-class licensee seminar either in-person or online, $25.00 per person.

  (2) For a second-class licensee seminar either in-person or online, $25.00 per person.

  (3) For a combination first-class, first- and third-class, and second-class licensee seminar either in-person or online, $25.00 per person.

  (4) For a manufacturer’s or rectifier’s or fourth-class licensee seminar either in-person or online, $10.00 per person.

  (5) For common carrier seminars either in-person or online, $10.00 per person.

  (6) For all special event, festival, educational sampling, and special venue serving permit holders for either an in-person or online seminar, $10.00 per person.

  (e) Fees for all seminars listed in this section and under other sections of this title with regard to in-person or online training shall be deposited directly in the Liquor Control Enterprise Fund. (Added 1987, No. 103, § 4; amended 1993, No. 11, § 3, eff. April 27, 1993; 1999, No. 163 (Adj. Sess.), § 8; 2013, No. 64, § 5; 2015, No. 149 (Adj. Sess.), § 39; 2017, No. 83, § 32; 2017, No. 113 (Adj. Sess.), § 38; 2018, No. 1 (Sp. Sess.), § 35; 2019, No. 73, § 6.)

• § 214. Proof of financial responsibility

  (a) Any first-, second-, or third-class licensee whose license is suspended by the local control commissioners or suspended or revoked by the Board of Liquor and Lottery for selling or furnishing alcoholic beverages to a minor, to a person apparently under the influence of alcohol, to a person after legal serving hours, or to a person who it would be reasonable to expect would be intoxicated as a result of the amount of alcoholic beverages served to that person shall be required to furnish to the Commissioner a certificate of financial responsibility within 60 days of the commencement of the suspension or revocation or at the time of reinstatement of the license, whichever is later. Financial responsibility may be established by any one or a combination of the following: insurance, surety bond, or letter of credit. Coverage shall be maintained at not less than $25,000.00 per occurrence and $50,000.00 aggregate per occurrence. Proof of financial responsibility shall be required for license renewal for the three years following the suspension or revocation.

  (b)(1) Proof of financial responsibility and completion of the licensee education program established in section 213 of this title shall be conditions for a licensee to be permitted to resume operation after a suspension or revocation for any of the reasons in subsection (a) of this section.

  (2) However, at the discretion of the suspending or revoking authority, the licensee may receive a provisional license prior to the time these conditions are met in order to allow for compliance with the education requirement or to obtain the certificate of financial responsibility. A provisional license may not be issued for a period exceeding 60 days. (Added 1987, No. 103, § 3; amended 2017, No. 83, § 33; 2018, No. 1 (Sp. Sess.), § 36.)

• § 215. Authority for criminal background checks

  Subject to the approval of the Board, the Commissioner shall establish a user agreement with the Vermont Crime Information Center in accordance with 20 V.S.A. chapter 117 for the purpose of obtaining Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation to review applications for any liquor or tobacco license issued under this title. (Added 2021, No. 177 (Adj. Sess.), § 37, eff. July 1, 2022.)

• Subchapter 002: RETAIL LICENSES AND PERMITS

• § 221. First-class licenses

  (a)(1) With the approval of the Board of Liquor and Lottery, the control commissioners may grant a first-class license to a retail dealer for the premises where the dealer carries on business if the retail dealer submits an application and pays the fee provided in section 204 of this title and satisfies the Board that the premises:

  (A) are leased, rented, or owned by the retail dealer; and

  (B) are devoted primarily to dispensing meals to the public and have adequate and sanitary space and equipment for preparing and serving meals, except in the case of clubs or holders of a manufacturer’s or rectifier’s license.

  (2) The Board of Liquor and Lottery may grant a first-class license to a boat or railroad dining car if the person that operates it submits an application and pays the fee provided in section 204 of this title.

  (3) The Division shall post notice of pending applications on its website.

  (b)(1) A first-class license permits the holder to sell malt beverages, vinous beverages, and ready-to-drink spirits beverages for consumption only on those premises.

  (2) Except as otherwise provided pursuant to sections 271 and 278 of this title, a first-class license holder shall purchase all malt beverages, vinous beverages, and ready-to-drink spirits beverages sold pursuant to the license from Vermont wholesale dealers or packagers.

  (c) A retail dealer carrying on business in more than one place shall acquire a first-class license for each place where the retail dealer sells malt beverages, vinous beverages, or ready-to-drink spirits beverages for consumption on the premises.

  (d) Partially consumed bottles of vinous beverages or specialty beers that were purchased with a meal may be removed from first-class licensed premises, provided the beverages are recapped or resealed.

  (e) No person under 18 years of age shall be employed by a first-class licensee as:

  (1) a bartender for the purpose of preparing, mixing, or dispensing alcoholic beverages; or

  (2) a waitress or waiter for the purpose of serving alcoholic beverages.

  (f)(1) A holder of a first-class license may contract with another person to prepare and dispense food on the licensed premises.

  (2) The first-class license holder shall provide to the Division written notification five business days prior to the start of the contract that includes the following information:

  (A) the name and address of the license holder;

  (B) a signed copy of the contract;

  (C) the name and address of the person contracted to provide the food;

  (D) a copy of the person’s license from the Department of Health for the facility in which food is served; and

  (E) the person’s rooms and meals tax certificate from the Department of Taxes.

  (3) The holder of the first-class license shall notify the Division within five business days of the termination of the contract to prepare and dispense food. The first-class licensee shall be responsible for controlling all conduct on the premises at all times, including in the area in which the food is prepared and stored.

  (g) A hotel that holds a first-class license and places a minibar in any room of a registered guest shall ensure that the minibar is locked and that access to the minibar is restricted to guests of legal drinking age.

  (h) The holder of a first-class license may permit a customer to:

  (1) possess or carry no more than two open containers of alcoholic beverages; and

  (2) maintain control over his or her open container of alcoholic beverages at all times while on the licensed premises. (Added 2017, No. 83, § 34; amended 2018, No. 1 (Sp. Sess.), § 37; 2019, No. 146 (Adj. Sess.), § 1, eff. July 13, 2020; 2021, No. 177 (Adj. Sess.), § 8, eff. July 1, 2022.)

• § 222. Second-class licenses

  (a)(1) With the approval of the Board of Liquor and Lottery, the control commissioners may grant a second-class license to a retail dealer for the premises where the dealer carries on business if the retail dealer submits an application and pays the fee provided in section 204 of this title and satisfies the Board that the premises:

  (A) are leased, rented, or owned by the retail dealer; and

  (B) are a safe, sanitary, and proper place from which to sell malt and vinous beverages.

  (2) The Division shall post notice of pending applications on its website.

  (b)(1) A second-class license permits the holder to export malt beverages, vinous beverages, and ready-to-drink spirits beverages and to sell malt beverages, vinous beverages, and ready-to-drink spirits beverages to the public from the licensed premises for consumption off the premises.

  (2) The Division of Liquor Control may grant a second-class licensee a fortified wine permit pursuant to section 225 of this chapter or a retail delivery permit pursuant to section 226 of this chapter.

  (3) Except as otherwise provided pursuant to sections 225, 271, and 278 of this title, a second-class license holder shall purchase all malt beverages, vinous beverages, and ready-to-drink spirits beverages sold pursuant to its license from Vermont wholesale dealers or packagers.

  (c) A retail dealer carrying on business in more than one place shall be required to acquire a second-class license for each place where the retail dealer sells malt beverages, vinous beverages, and ready-to-drink spirits beverages. (Amended 1971, No. 90, § 2; 1985, No. 99 (Adj. Sess.), § 3; 1985, No. 159 (Adj. Sess.), § 3; 1987, No. 148 (Adj. Sess.); 1993, No. 11, § 2, eff. April 27, 1993; 1999, No. 39, § 1; 2009, No. 102 (Adj. Sess.), § 4, eff. May 11, 2010; 2011, No. 52, § 60, eff. May 27, 2011; 2011, No. 115 (Adj. Sess.), § 1a; 2013, No. 64, § 3; 2013, No. 202 (Adj. Sess.), § 4, eff. June 24, 2014; 2015, No. 51, § A.9, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 4; 2017, No. 83, § 35; 2018, No. 1 (Sp. Sess.), § 38; 2021, No. 177 (Adj. Sess.), § 9, eff. July 1, 2022.)

• § 223. Third-class licenses

  (a) The Board of Liquor and Lottery may grant to a person who operates a hotel, restaurant, club, boat, or railroad dining car, or who holds a manufacturer’s or rectifier’s license, a third-class license if:

  (1) the person files an application accompanied by the fee provided in section 204 of this title for the premises in which the business of the hotel, restaurant, club, or manufacturer or rectifier is carried on or for the boat or railroad dining car;

  (2) the local control commissioners have approved the application; and

  (3) the applicant satisfies the Board that:

  (A) the applicant is the bona fide owner or lessee of the premises, boat, or railroad dining car;

  (B) except in the case of clubs or holders of a manufacturer’s or rectifier’s license, the premises, boat, or railroad dining car has adequate and sanitary space and equipment for preparing and serving meals to the public; and

  (C) the premises, boat, or railroad dining car is operated for the purpose covered by the license.

  (b) A third-class license holder may sell spirits and fortified wines for consumption only on the licensed premises, boat, or railroad dining car.

  (c) The holder of a third-class license may permit a customer to:

  (1) possess or carry no more than two open containers of alcoholic beverages; and

  (2) maintain control over his or her open container of alcoholic beverages at all times while on the licensed premises, boat, or railroad dining car.

  (d)(1) Except as otherwise provided in subdivisions (2) and (3) of this subsection, a person who holds a third-class license shall purchase from the Board of Liquor and Lottery all spirits and fortified wines dispensed in accordance with the provisions of the third-class license and this title.

  (2) For a third-class license issued for a dining car or boat, the licensee may procure outside the State of Vermont spirits and fortified wines that are sold pursuant to the license.

  (3) For a third-class license that is issued to a licensed manufacturer or rectifier of spirits or fortified wines, the licensee shall not be required to purchase from the Board of Liquor and Lottery spirits and fortified wines that it has manufactured or rectified before selling them pursuant to its third-class license.

  (e) No person under 18 years of age shall be employed by a third-class licensee as:

  (1) a bartender for the purpose of preparing, mixing, or dispensing alcoholic beverages; or

  (2) a waitress or waiter for the purpose of serving alcoholic beverages. (Amended 1971, No. 90, § 3; 2003, No. 79 (Adj. Sess.), § 2; 2005, No. 96 (Adj. Sess.), § 1, eff. March 9, 2006; 2015, No. 51, § A.10, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 6; 2017, No. 83, § 36; 2017, No. 113 (Adj. Sess.), § 39; 2018, No. 1 (Sp. Sess.), § 39; 2019, No. 73, § 46; 2019, No. 146 (Adj. Sess.), § 2, eff. July 13, 2020.)

• § 224. Fourth-class licenses

  (a) The Board of Liquor and Lottery may grant up to a combined total of 20 fourth-class licenses to a manufacturer or rectifier that submits an application and the fee provided in section 204 of this title.

  (b) At each licensed location, a fourth-class licensee may sell by the unopened container or distribute by the glass, with or without charge, alcoholic beverages manufactured by the licensee.

  (1) A licensee may, for consumption at the licensed premises or location, distribute the following amounts of alcoholic beverages to a retail customer:

  (A) not more than two ounces of malt beverages, vinous beverages, or ready-to-drink spirits beverages with a total of eight ounces; and

  (B) no more than one-quarter ounce of spirits or fortified wine with a total of one ounce.

  (2) At a fourth-class license location at the licensee’s manufacturing premises, the licensee may distribute by the glass up to four mixed drinks containing a combined total of no more than one ounce of spirits or fortified wine to each retail customer for consumption only on the licensed premises.

  (3) At each licensed location, a fourth-class licensee may, pursuant to section 64 of this title, sell malt beverages or vinous beverages, or both, by the keg.

  (c)(1) At only one fourth-class license location, a licensed manufacturer or rectifier may sell by the unopened container or distribute by the glass, with or without charge, alcoholic beverages produced by no more than five additional manufacturers or rectifiers, provided these beverages are purchased on invoice from the manufacturer or rectifier.

  (2) A manufacturer or rectifier may sell its product to no more than five additional manufacturers or rectifiers.

  (d) A fourth-class license issued for a farmers’ market location shall be valid for all dates of operation for the specific farmers’ market location.

  (e) Rules applicable to second-class licenses and pertaining to financial responsibility, age of employees, the selling and furnishing to apparently intoxicated persons, and leases of businesses shall all apply to fourth-class licenses.

  (f) Signs and advertising of fourth-class licenses at tasting rooms and retail shops other than at the manufacturer’s or rectifier’s premises shall indicate that the premises are a “tasting room and retail shop” and shall be in lettering not less than 75 percent of the height and width of the lettering setting forth the name of the licensee or establishment. (Added 1993, No. 112 (Adj. Sess.), § 3, eff. Feb. 18, 1994; amended 2017, No. 83, § 37; 2018, No. 1 (Sp. Sess.), § 40; 2021, No. 177 (Adj. Sess.), § 10, eff. July 1, 2022; 2023, No. 67, § 3, eff. July 1, 2023.)

• § 225. Fortified wine permits

  (a)(1) The Division of Liquor Control may grant a fortified wine permit to a second-class licensee if the licensee files an application accompanied by the fee provided in section 204 of this title.

  (2) The Division of Liquor Control shall issue not more than 150 fortified wine permits in any single year.

  (b)(1) A fortified wine permit holder may sell fortified wines to the public from the licensed premises for consumption off the premises.

  (2) A fortified wine permit holder shall purchase all fortified wines to be offered for sale to the public pursuant to the permit through the Board of Liquor and Lottery at a price equal to not more than 75 percent of the current retail price for the fortified wine established by the Commissioner pursuant to subdivision 107(b)(3)(B) of this title. (Added 2017, No. 83, § 39; amended 2018, No. 1 (Sp. Sess.), § 41.)

• § 226. Retail delivery permits

  (a)(1) The Division of Liquor Control may grant a retail delivery permit to a second-class licensee if the licensee files an application accompanied by the fee provided in section 204 of this title.

  (2) Notwithstanding subdivision (1) of this subsection, the Division of Liquor Control shall not grant a retail delivery permit in relation to a second-class license issued to a licensed manufacturer or rectifier for the manufacturer’s or rectifier’s premises.

  (b) A retail delivery permit holder may deliver malt beverages, vinous beverages, and ready-to-drink spirits beverages sold from the licensed premises for consumption off the premises to an individual who is 21 years of age or older subject to the following requirements:

  (1) Deliveries shall only be made by the permit holder or an employee of the permit holder.

  (2) Deliveries shall only occur between the hours of 9:00 a.m. and 5:00 p.m.

  (3) Deliveries shall only be made to a physical address located in Vermont.

  (4) An employee of a retail delivery permit holder shall not be permitted to make deliveries of malt beverages, vinous beverages, or ready-to-drink spirits beverages pursuant to the permit unless the employee has completed a training program approved by the Division pursuant to section 213 of this chapter.

  (5) Malt beverages, vinous beverages, and ready-to-drink spirits beverages delivered pursuant to a retail delivery permit shall be for personal use and not for resale. (Added 2017, No. 83, § 41; amended 2018, No. 1 (Sp. Sess.), § 42; 2021, No. 177 (Adj. Sess.), § 11, eff. July 1, 2022.)

• § 227. Outside consumption permits; first-, third-, and fourth-class licenses

  Pursuant to the rules of the Board of Liquor and Lottery, the Division of Liquor Control may grant an outside consumption permit to the holder of a first-class, first- and third-class, or fourth-class license for all or part of the outside premises of the license holder if the permit is approved by the local control commissioners and the Board. (Added 1993, No. 181 (Adj. Sess.), § 1, eff. June 11, 1994; amended 1997, No. 158 (Adj. Sess.), § 2; 2011, No. 115 (Adj. Sess.), § 5; 2017, No. 83, § 44; 2018, No. 1 (Sp. Sess.), § 43.)

• § 228. Sampler flights

  (a) The holder of a first-class license may serve a sampler flight of up to 32 ounces in the aggregate of malt beverages or hard ciders to a single customer at one time.

  (b) The holder of a first-class license may serve a sampler flight of up to 12 ounces in the aggregate of vinous beverages or ready-to-drink spirits beverages to a single customer at one time.

  (c) The holder of a third-class license may serve a sampler flight of up to four ounces in the aggregate of spirits or fortified wines to a single customer at one time. (Added 2017, No. 83, § 45; amended 2021, No. 177 (Adj. Sess.), § 12, eff. July 1, 2022; 2023, No. 67, § 4, eff. July 1, 2023.)

• § 229. Clubs

  (a)(1) Except as otherwise provided in subdivisions (2) and (3) of this subsection, a club shall be permitted to obtain a license under this title if it has existed for at least two consecutive years prior to the date of its application.

  (2) A club whose officers and members consist solely of veterans of the U.S. Armed Forces or a subordinate lodge or local chapter of any national fraternal order, which fulfills all requirements of this section except that it has not been in existence for at least two consecutive years, shall be permitted to obtain a license under this title if it has existed for at least six months prior to the date of its application.

  (3) A club that is located on and integrally associated with at least a regulation nine-hole golf course shall be permitted to obtain a license under this title if it has existed for at least six months prior to the date of its application.

  (b) The premises of a club that is licensed pursuant to this title may be used or leased by a nonmember as a location for a social event as if it were any other licensed commercial establishment.

  (c)(1) Before May 1 of each year, each club shall file with the Board of Liquor and Lottery a list of the names and residences of its members and a list of its officers.

  (2) Its affairs and management shall be conducted by a board of directors, executive committee, or similar body chosen by the members at its annual meeting.

  (3)(A) A club may provide for a salary for members, officers, agents, or employees of the club by a vote at annual meetings by the club’s members, directors, or other governing body and shall report the salary set for the members, officers, agents, or employees to the Board of Liquor and Lottery.

  (B) No member, officer, agent, or employee of a club shall be paid, or directly or indirectly receive, in the form of salary or other compensation, any profits from the disposition or sale of alcoholic beverages to the club’s members or guests introduced by members beyond the amount of any salary that may be fixed and voted pursuant to subdivision (A) of this subdivision (3).

  (4) An auxiliary member of a club may invite one guest at any one time.

  (5)(A) An officer or director of a club may perform the duties of a bartender without receiving any payment for that service, provided the officer or director is in compliance with the requirements of this title that relate to service of alcoholic beverages.

  (B) An officer, member, or director of a club may volunteer to perform services at the club other than serving alcoholic beverages, including seating patrons and checking identification, without receiving payment for those services.

  (6) An officer, member, or director of a club who volunteers his or her services shall not be considered to be an employee of the club. (Amended 2017, No. 83, § 46; 2018, No. 1 (Sp. Sess.), § 44.)

• § 230. Sale of alcoholic beverages for off-premises consumption [Repealed effective July 1, 2025]

  (a) The Board of Liquor and Lottery and the local control commissioners may authorize:

  (1) First- and third-class licensees to sell malt beverages, vinous beverages, and spirits-based prepared drinks for off-premises consumption. All sales of alcoholic beverages for off-premises consumption must be accompanied by a food order.

  (2) Second-class licensees to provide curbside pickup of unopened containers of the alcoholic beverages that the licensee is permitted to sell from the licensed premises pursuant to section 222 of this subchapter.

  (3) Fourth-class licensees to provide curbside pickup of unopened containers of the alcoholic beverages that the licensee is permitted to sell from the licensed location pursuant to section 224 of this subchapter.

  (b) For any alcoholic beverage sold pursuant to subdivision (a)(1) of this section, the first- or third-class licensee shall provide the alcoholic beverage in a container:

  (1) with a securely affixed tamper-evident seal; and

  (2) bearing a label that:

  (A) states that the beverage contains alcohol; and

  (B) lists the ingredients and serving size.

  (c) A licensee may sell alcoholic beverages pursuant to this section between 10:00 a.m. and 11:00 p.m.

  (d) The Board of Liquor and Lottery may adopt rules and forms necessary to implement this section. (Added 2021, No. 70, § 2; repealed by 2023, No. 67, § 8, eff. July 1, 2025.)

• § 231. Redesignated. 2017, No. 83, § 23.

• § 232. Redesignated. 2017, No. 83, § 24.

• § 233. Redesignated. 2017, No. 83, § 25.

• § 234. Redesignated. 2017, No. 83, § 26.

• § 235. Redesignated. 2017, No. 83, § 28.

• § 236. Redesignated. 2017, No. 83, § 29.

• § 236a. Redesignated. 2017, No. 83, § 30.

• § 237. Redesignated. 2017, No. 83, § 31.

• § 238. Redesignated. 2017, No. 83, § 47.

• § 238a. Redesignated. 2017, No. 83, § 44.

• § 239. Redesignated. 2017, No. 83, § 32.

• § 240. Redesignated. 2017, No. 83, § 33.

• Subchapter 003: CATERING LICENSES AND PERMITS

• § 241. Caterer’s license; commercial catering license

  (a) The Board of Liquor and Lottery may issue a caterer’s license or a commercial catering license to a person who holds a first-class license or first- and third-class licenses.

  (b) The Board of Liquor and Lottery shall adopt rules as necessary to effectuate the purposes of this section. (Added 1975, No. 44, § 5, eff. April 15, 1975; amended 1987, No. 188 (Adj. Sess.), § 4, eff. May 11, 1988; 2011, No. 115 (Adj. Sess.), § 4; 2015, No. 23, § 81; 2017, No. 83, § 47; 2018, No. 1 (Sp. Sess.), § 45.)

• § 242. Destination resort master licenses

  (a) The Board of Liquor and Lottery may grant a destination resort master license to a person that operates a destination resort if the applicant files an application with the Board of Liquor and Lottery accompanied by the license fee provided in section 204 of this title. In addition to any information required pursuant to rules adopted by the Board, the application shall:

  (1) designate all licensed caterers and commercial caterers that are proposed to be permitted to cater individual events within the boundaries of the resort pursuant to the destination resort master license;

  (2) demonstrate that the destination resort:

  (A) contains at least 100 acres of land; and

  (B) offers at least 50 units of sleeping accommodations; and

  (3) include a plan of the destination resort that sets forth:

  (A) the destination resort boundaries;

  (B) the ownership of the destination resort lands;

  (C) the location and general design of buildings and other improvements within the resort boundaries; and

  (D) the location of any sports and recreational facilities within the resort boundaries.

  (b) A licensee may, upon five days’ notice to the Division, amend the list of licensed caterers and commercial caterers that are designated in the destination resort master license.

  (c) The holder of the destination resort master license shall, at least two days prior to the date of the event, provide the Division and local control commissioners with written notice of an event within the resort boundaries that will be catered pursuant to the master license. A licensed caterer or commercial caterer that is designated in the master license shall not be required to obtain a request-to-cater permit to cater an event occurring within the destination resort boundaries if the master licensee has provided the Division and local control commissioners with the required notice pursuant to this subsection.

  (d) Real estate of a destination resort master license holder that is not contiguous with the license holder’s principal premises or is located in a different municipality from the license holder’s principal premises may be included in the destination resort’s boundaries if it is clearly identified and delineated on the plan of the destination resort that is submitted pursuant to subsection (a) of this section. (Added 2015, No. 144 (Adj. Sess.), § 7; amended 2018, No. 1 (Sp. Sess.), § 46.)

• § 243. Request-to-cater permit

  (a) The Division of Liquor Control may issue a request-to-cater permit to the holder of a caterer’s license or commercial caterer’s license if the licensee:

  (1) submits an application for the permit on a form prescribed by the Commissioner;

  (2) receives approval for the proposed event from the local control commissioners; and

  (3) pays the fee required pursuant to section 204 of this title.

  (b) A request-to-cater permit shall authorize a licensed caterer or commercial caterer to serve alcoholic beverages at an individual event as set forth in the permit. (Added 2017, No. 83, § 48; amended 2018, No. 1 (Sp. Sess.), § 47.)

• Subchapter 004: TASTING AND EVENT PERMITS

• § 251. Limited event permit

  (a) The Division of Liquor Control may grant a limited event permit to a person if:

  (1) the limited event is also approved by the local control commissioners; and

  (2) at least 15 days prior to the event, the applicant submits an application to the Division in a form required by the Commissioner that is accompanied by the fee provided in section 204 of this title.

  (b)(1) A limited event permit holder may purchase invoiced volumes of malt beverages, vinous beverages, ready-to-drink spirits beverages, fortified wines, or spirits, or all five, directly from a manufacturer, packager, wholesale dealer, or importer licensed in Vermont or a manufacturer or packager that holds a federal Basic Permit or Brewer’s Notice or evidence of licensure in a foreign country that is satisfactory to the Board.

  (2) The invoiced volumes of alcoholic beverages may be transported into the site and sold by the glass to the public by the permit holder or the permit holder’s employees and volunteers only during the event.

  (c) Not more than four limited event permits shall be issued annually to the same person, and each permit shall be valid for not more than four consecutive days.

  (d) The permit holder shall be subject to the provisions of this title, including section 214 of this title, and the rules of the Board regarding the sale of alcoholic beverages. The permit holder shall pay the tax on the alcoholic beverages served at the event pursuant to section 421 of this title. (Amended 2001, No. 143 (Adj. Sess.), § 9, eff. June 21, 2002; 2005, No. 96 (Adj. Sess.), § 2, eff. March 9, 2006; 2007, No. 10, § 2, eff. April 26, 2007; 2015, No. 51, § A.11, eff. Jan. 1, 2016; 2017, No. 83, § 38; 2018, No. 1 (Sp. Sess.), § 48; 2019, No. 14, § 8, eff. April 30, 2019; 2021, No. 177 (Adj. Sess.), § 13, eff. July 1, 2022; 2023, No. 67, § 5, eff. July 1, 2023.)

• § 252. Special event permits

  (a)(1) The Division of Liquor Control may issue a special event permit if the application is submitted to the Division of Liquor Control with the fee provided in section 204 of this title at least five days prior to the date of the event.

  (2) A special event permit shall be valid for the duration of each public event or four days, whichever is shorter.

  (b)(1) A special event permit holder may sell alcoholic beverages manufactured or rectified by the permit holder by the glass within the event boundaries or the unopened bottle.

  (2) For purposes of tasting, a special event permit holder may distribute beverages manufactured or rectified by the permit holder with or without charge, provided the beverages are distributed:

  (A) by the glass; and

  (B) in quantities of not more than two ounces per product and eight ounces total of malt beverages, vinous beverages, or ready-to-drink spirits beverages and not more than one ounce in total of spirits or fortified wines to each individual.

  (c) A licensed manufacturer or rectifier may be issued not more than 20 special event permits for the same physical location in a calendar year. (Added 2017, No. 83, § 49; amended 2018, No. 1 (Sp. Sess.), § 49; 2019, No. 73, § 47, eff. July 1, 2021; 2021, No. 177 (Adj. Sess.), § 14, eff. July 1, 2022; 2023, No. 156 (Adj. Sess.), § 6, eff. July 1, 2024.)

• § 253. Sampling event permits

  (a) The Division of Liquor Control may grant a sampling event permit if the applicant has:

  (1) received approval from the local control commissioners;

  (2) submitted a request for the permit to the Division in a form required by the Commissioner at least 15 days prior to the event; and

  (3) paid the fee provided in section 204 of this title.

  (b) An event required to be permitted under this section is any event that is open to the public for which the primary purpose is to serve one or more of the following: malt beverages, vinous beverages, ready-to-drink spirits beverages, fortified wines, or spirits.

  (c) A sampling event permit holder is permitted to conduct an event that is open to the public at which one or more of the following are served: malt beverages, vinous beverages, ready-to-drink spirits beverages, fortified wines, or spirits.

  (d) The permit holder shall ensure the following:

  (1) Attendees at the sampling event shall be required to pay an entry fee of not less than $5.00.

  (2)(A) Malt beverages and hard ciders for sampling shall be offered in glasses that contain not more than 12 ounces with not more than 60 ounces served to any patron at one event.

  (B) Vinous beverages or ready-to-drink spirits beverages for sampling shall be offered in glasses that contain not more than five ounces with not more than 25 ounces served to any patron at one event.

  (C) Fortified wines for sampling shall be offered in glasses that contain not more than three ounces with not more than 15 ounces served to any patron at one event.

  (D) Spirits for sampling shall be offered in glasses that contain not more than one ounce with not more than five ounces served to any patron at one event.

  (E) Patrons attending a sampling event where combinations of malt beverages, vinous beverages, ready-to-drink spirits beverages, fortified wines, or spirits are mutually sampled shall not be served more than a combined total of six U.S. standard drinks containing 3.6 fluid ounces or 84 grams of pure ethyl alcohol.

  (3) The event shall be conducted in compliance with all the requirements of this title.

  (e)(1) A sampling event permit holder may purchase invoiced volumes of malt beverages, vinous beverages, or ready-to-drink spirits beverages directly from a manufacturer, wholesale dealer, or packager licensed in Vermont or a manufacturer, wholesale dealer, or packager that holds a federal Basic Permit or Brewers Notice or evidence of licensure in a foreign country that is satisfactory to the Board.

  (2) The invoiced volumes of malt beverages, vinous beverages, or ready-to-drink spirits beverages may be transported to the site and sold by the glass to the public by the permit holder or its employees and volunteers only during the event.

  (f) A sampling event permit holder shall be subject to the provisions of this title, including section 214 of this title, and the rules of the Board regarding the sale of the alcoholic beverages and shall pay the tax on the malt beverages, vinous beverages, or ready-to-drink spirits beverages pursuant to section 421 of this title.

  (g) A person shall be granted not more than four sampling event permits per year, and each permit shall be valid for not more than four consecutive days. (Added 2017, No. 83, § 50; amended 2018, No. 1 (Sp. Sess.), § 50; 2021, No. 70, § 3; 2021, No. 177 (Adj. Sess.), § 15, eff. July 1, 2022; 2023, No. 67, § 6, eff. July 1, 2023; 2023, No. 156 (Adj. Sess.), § 5, eff. June 4, 2024.)

• § 254. Special venue serving permits

  [Subsection (a) effective until July 1, 2026; see also subsection (a) effective July 1, 2026 set out below.]

  (a) The Division of Liquor Control may grant an art gallery, retail establishment, public library, or museum a special venue serving permit if the applicant has:

  (1) received approval from the local control commissioners;

  (2) submitted a request for a permit to the Division in a form required by the Commissioner at least five days prior to the event; and

  (3) paid the fee provided in section 204 of this title.

  [Subsection (a) effective July 1, 2026; see also subsection (a) effective until July 1, 2026 set out above.]

  (a) The Division of Liquor Control may grant an art gallery, public library, or museum a special venue serving permit if the applicant has:

  (1) received approval from the local control commissioners;

  (2) submitted a request for a permit to the Division in a form required by the Commissioner at least five days prior to the event; and

  (3) paid the fee provided in section 204 of this title.

  (b) A permit holder may purchase malt beverages, vinous beverages, or ready-to-drink spirits beverages directly from a licensed retailer.

  (c) A permit holder shall be subject to the provisions of this title and the rules of the Board regarding the service of alcoholic beverages. A permit holder shall be authorized to serve, but not sell, alcoholic beverages for not more than six hours and solely for consumption on the permitted premises.

  (d) A public library or museum may only be granted a permit pursuant to this section for an event held for a charitable or educational purpose at which malt beverages, vinous beverages, and ready-to-drink spirits beverages will be served for a period of not more than six hours.

  [Subsection (e) effective until July 1, 2026; see also subsection (e) effective July 1, 2026 set out below.]

  (e) An art gallery, retail establishment, public library, or museum may be issued not more than 12 special venue serving permits in a calendar year.

  [Subsection (e) effective July 1, 2026; see also subsection (e) effective until July 1, 2026 set out above.]

  (e) An art gallery, public library, or museum may be issued not more than 12 special venue serving permits in a calendar year.

  (f) As used in this section, “retail establishment” does not include a Vermont agency liquor store or a cannabis establishment as that term is defined in section 861 of this title. (Added 2017, No. 83, § 51; amended 2018, No. 1 (Sp. Sess.), § 51; 2021, No. 177 (Adj. Sess.), § 16, eff. July 1, 2022; 2023, No. 156 (Adj. Sess.), § 2, eff. July 1, 2024; 2023, No. 156 (Adj. Sess.), § 3, eff. July 1, 2026.)

• § 255. Retail alcoholic beverage tasting permits

  (a) The Division of Liquor Control may grant a licensee a permit to conduct an alcoholic beverage tasting event as provided in subsection (b) of this section if:

  (1) the licensee has submitted a written application in a form required by the Commissioner and paid the fee provided in section 204 of this title at least five days prior to the date of the alcoholic beverage tasting event; and

  (2) the Commissioner determines that the licensee is in good standing.

  (b) The Division may grant the following alcoholic beverage tasting permits to the following types of licensees:

  (1) A second-class licensee.

  (A) The permit authorizes the employees of the second-class licensee or of a designated manufacturer or rectifier to dispense to each customer of legal age on the licensee’s premises malt beverages, vinous beverages, or ready-to-drink spirits beverages by the glass not to exceed two ounces of each beverage with a total of eight ounces of malt beverages, vinous beverages, or ready-to-drink spirits beverages.

  (B) Malt beverages, vinous beverages, or ready-to-drink spirits beverages dispensed at the tasting event shall be from the inventory of the licensee or purchased from a wholesale dealer.

  (C) A second-class licensee may be granted up to 48 tasting permits per year. In addition, a second-class licensee may be granted up to five permits per week to conduct a tasting as part of an educational food preparation class or course conducted by the licensee on the licensee’s premises.

  (2) A licensed manufacturer or rectifier of malt beverages, vinous beverages, or ready-to-drink spirits beverages.

  (A) The permit authorizes the licensed manufacturer or rectifier to dispense to each customer 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 malt beverages, vinous beverages, or ready-to-drink spirits beverages.

  (B) A manufacturer or rectifier may conduct no more than 48 tastings per year.

  (3) A licensed wholesale dealer. The permit authorizes a licensed wholesale dealer to dispense malt beverages, vinous beverages, or ready-to-drink spirits 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 age.

  (c) A vinous beverage, ready-to-drink spirits beverage, or malt beverage tasting event held pursuant to subsection (b) of this section, not including an alcoholic beverage tasting conducted on the premises of the manufacturer or rectifier, shall comply with the following:

  (1) continue for not more than six hours, with not more than six beverages to be offered at a single event, and not more than two ounces of any single beverage and not more than a total of eight ounces of malt beverages, vinous beverages, or ready-to-drink spirits beverages to be dispensed to a customer;

  (2) serve no more than eight individuals at one time; and

  (3) 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 21 years of age may participate in the tasting.

  (d) 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.

  (e) The holder of a permit issued under this section that provides alcoholic beverages to a minor or permits an individual under 18 years of age to serve alcoholic beverages at a 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 2017, No. 83, § 52; amended 2018, No. 1 (Sp. Sess.), § 52; 2021, No. 177 (Adj. Sess.), § 17, eff. July 1, 2022.)

• § 256. Promotional tastings for licensees

  (a)(1) At the request of a first- or second-class licensee, 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 age, two ounces per person of vinous beverages, malt beverages, or ready-to-drink spirits beverages for the purpose of promoting the beverage.

  (2) 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 age, one-quarter ounce of each beverage and not more than a total of one ounce to each individual for the purpose of promoting the beverage.

  (3) No permit is required for a tasting pursuant to this subsection.

  (b)(1) At the request of a holder of a wholesale dealer’s license, a first-class licensee may dispense malt beverages, vinous beverages, or ready-to-drink spirits beverages for promotional purposes without charge to invited management and staff of first-, second-, or third-class licensees, provided they are of legal age.

  (2) The event shall be held on the premises of the first-class licensee.

  (3) The first-class licensee shall be responsible for complying with all applicable laws under this title.

  (4) No permit is required for a tasting pursuant to this subsection, but the wholesale dealer shall provide written notice of the event to the Division of Liquor Control at least 10 days prior to the date of the tasting.

  (c)(1) Upon receipt of a first- or second-class application by the Division, a holder of a wholesale dealer’s license may dispense malt beverages, vinous beverages, or ready-to-drink spirits beverages for promotional purposes without charge to invited management and staff of the business that has applied for a first- or second-class license, provided they are of legal age.

  (2) The event shall be held on the premises of the first- or second-class applicant.

  (3) The first- or second-class applicant shall be responsible for complying with all applicable laws under this title.

  (4) No malt beverages, vinous beverages, or ready-to-drink spirits beverages shall be left behind at the conclusion of the tasting.

  (5) No permit is required under this subsection, but the wholesale dealer shall provide written notice of the event to the Division at least five days prior to the date of the tasting. (Added 2017, No. 83, § 53; amended 2017, No. 113 (Adj. Sess.), § 40; 2018, No. 1 (Sp. Sess.), § 53; 2021, No. 70, § 4; 2021, No. 177 (Adj. Sess.), § 18, eff. July 1, 2022.)

• § 257. Tastings for product quality assurance

  (a) 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 age and at the licensed premises, samples of the licensee’s products for the purpose of assuring the quality of the products.

  (b) Each sample of malt beverages, vinous beverages, or ready-to-drink spirits beverages shall be not larger than two ounces, and each sample of spirits or fortified wines shall be not larger than one-quarter ounce.

  (c) No permit is required for a tasting pursuant to this section. (Added 2017, No. 83, § 54; amended 2021, No. 177 (Adj. Sess.), § 19, eff. July 1, 2022.)

• § 258. Promotional railroad tasting permit

  The Division of Liquor Control may grant to a person that operates a railroad a tasting permit that permits the holder to conduct tastings of alcoholic beverages in the dining car if the person files with the Division an application along with the fee provided in section 204 of this title. (Amended 2009, No. 102 (Adj. Sess.), § 5, eff. May 11, 2010; 2017, No. 83, § 43; 2018, No. 1 (Sp. Sess.), § 54.)

• § 259. Tasting events; age and training of servers

  No individual who is under 18 years of age or who has not received training as required by the Division may serve alcoholic beverages at a tasting event under this subchapter. (Added 2017, No. 83, § 55; amended 2018, No. 1 (Sp. Sess.), § 55.)

• Subchapter 005: MANUFACTURING AND DISTRIBUTION OF ALCOHOL

• § 271. Manufacturer’s or rectifier’s license

  (a)(1) The Board of Liquor and Lottery may grant a manufacturer’s or rectifier’s license upon application and payment of the fee provided in section 204 of this title that permits the license holder to operate a facility that manufactures or rectifies:

  (A) malt beverages;

  (B) vinous beverages and fortified wines; or

  (C) spirits, ready-to-drink spirits beverages, and fortified wines.

  (2) A manufacturer or rectifier shall obtain a separate license for each facility at which it manufactures or rectifies alcoholic beverages.

  (b) Except as otherwise provided in section 224 of this title and subsections (d)-(f) of this section:

  (1) spirits and fortified wine may be manufactured for sale to the Board of Liquor and Lottery or for export, or both; and

  (2) malt beverages, vinous beverages, and ready-to-drink spirits beverages may be manufactured or rectified for sale to packagers or wholesale dealers or for export, or both.

  (c) A licensed manufacturer of vinous beverages or fortified wines, or both, may receive from another manufacturer licensed in or outside this State bulk shipments of vinous beverages to rectify with the licensee’s own product, provided that the vinous beverages or fortified wines produced by the licensed manufacturer may contain not more than 25 percent imported vinous beverages.

  (d)(1) The Board of Liquor and Lottery may grant to a licensed manufacturer or rectifier a first-class license or a third-class license, or both, permitting the licensee to sell alcoholic beverages to the public at an establishment located at the manufacturer’s or rectifier’s licensed facility, provided the manufacturer or rectifier owns or has direct control over that establishment.

  (2) A licensed manufacturer of malt beverages may operate up to two licensed establishments pursuant to this subsection that are located at the licensed manufacturing facility or on property that is owned by the licensee and is contiguous with the parcel of land on which the licensed manufacturing facility is located, provided the manufacturer owns or has direct control over both establishments.

  (3) [Repealed.]

  (e) The Board of Liquor and Lottery may grant a licensed manufacturer of malt beverages a second-class license permitting the licensee to sell alcoholic beverages to the public anywhere on the premises of the licensed manufacturing facility.

  (f)(1) A licensed manufacturer or rectifier may serve alcoholic beverages with or without charge at an event held at the licensed manufacturing or rectifying facility or at a location on property that is owned by the licensee and is contiguous with the parcel of land on which the licensed facility is located, provided the licensee at least five days before the event gives the Division written notice of the event, including details required by the Division.

  (2) Any beverages not manufactured by the licensee that are served at the event shall be purchased on invoice from a licensed manufacturer or wholesale dealer or the Board of Liquor and Lottery. (Added 2017, No. 83, § 56; amended 2018, No. 1 (Sp. Sess.), § 56; 2019, No. 73, § 49; 2019, No. 73, § 50, eff. July 1, 2021; 2021, No. 177 (Adj. Sess.), § 20, eff. July 1, 2022.)

• § 272. Packager’s license

  (a) The Board of Liquor and Lottery may grant a packager’s license to a person if the person:

  (1) submits an application;

  (2) pays the fee provided in section 204 of this title; and

  (3) satisfies the Commissioner of Liquor and Lottery as to its compliance with the rules of the Board relating to the cleanliness of the applicant’s facilities for storage and bottling of alcoholic beverages.

  (b) A packager’s license holder may:

  (1) bottle or otherwise package alcoholic beverages the licensee receives in bulk for sale; and

  (2) distribute and sell alcoholic beverages that are bottled or otherwise packaged for sale by the licensee.

  (c) A packager’s license holder shall comply with the provisions of subsection 274(c) of this subchapter. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2017, No. 83, § 40; 2018, No. 1 (Sp. Sess.), § 57.)

• § 273. Wholesale dealer’s license

  (a) The Board of Liquor and Lottery may grant a wholesale dealer’s license to a person if the person:

  (1) submits an application on a form required by the Board;

  (2) pays the fee provided in section 204 of this title; and

  (3) satisfies the Board as to its qualifications as a wholesale dealer.

  (b) A wholesale dealer’s license holder may distribute or sell malt beverages, vinous beverages, or ready-to-drink spirits beverages to first- and second-class licensees and holders of educational sampling event permits.

  (c)(1) In no event shall a wholesale dealer’s license holder be permitted to carry on business allowed by a first-class license or second-class license.

  (2) A wholesale dealer’s license holder shall comply with the provisions of subsection 274(c) of this subchapter. (Amended 2017, No. 83, § 42; 2018, No. 1 (Sp. Sess.), § 58; 2021, No. 177 (Adj. Sess.), § 21, eff. July 1, 2022.)

• § 274. Certificate of approval for distribution of malt beverages, vinous beverages, or ready-to drink spirits beverages

  (a) The Board of Liquor and Lottery may grant to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages that is not licensed under the provisions of this title a certificate of approval if the manufacturer or distributor does all of the following:

  (1) Submits an application on a form prescribed by the Board, including any additional information that the Board may deem necessary.

  (2) Agrees to comply with the rules of the Board.

  (3) Pays the fee provided in section 204 of this title to the Division of Liquor Control by a certified check payable to the State of Vermont or another form of payment approved by the Board of Liquor and Lottery. If the Board does not grant the application, the certified check or payment shall be returned to the applicant.

  (b) A certificate of approval shall permit the holder to export malt beverages, vinous beverages, or ready-to-drink spirits beverages or sell malt beverages, vinous beverages, or ready-to-drink spirits beverages to holders of packagers’ or wholesale dealers’ licenses issued under section 272 or 273 of this title, or both.

  (c) A holder of a packager’s or a wholesale dealer’s license issued under this title shall not purchase within or outside the State, or import or cause to be imported into the State, any malt beverages, vinous beverages, or ready-to-drink spirits beverages unless the person, manufacturer, or distributor from which the beverages are obtained holds a valid certificate of approval or packager’s license.

  (d)(1) The Board of Liquor and Lottery may suspend or revoke a certificate of approval if the holder fails to comply with the rules of the Board or to submit reports to the Commissioner of Taxes in accordance with all applicable laws and rules.

  (2)(A) A certificate of approval shall not be revoked unless the holder has been given a hearing following reasonable notice.

  (B) Notice of a revocation or suspension shall be sent to each holder of a packager’s or wholesale dealer’s license prior to the effective date of the revocation or suspension.

  (e) A person who violates a provision of this section shall be fined not more than $750.00 or imprisoned not more than one year, or both, for each offense and shall forfeit any license issued under the provisions of this title. (Added 2017, No. 83, § 58; amended 2018, No. 1 (Sp. Sess.), § 59; 2019, No. 73, § 7; 2021, No. 177 (Adj. Sess.), § 22, eff. July 1, 2022.)

• § 275. Solicitor’s license

  (a) The Board of Liquor and Lottery may grant an individual a solicitor’s license if he or she does all of the following:

  (1) Submits an application to the Board of Liquor and Lottery on a form prescribed by the Board. The application shall include, at a minimum, the name, residence, and business address of the applicant; the name and address of the vendor, manufacturer, or employer to be represented by the applicant; and an agreement by the applicant to comply with the rules of the Board.

  (2) Submits to the Board a recommendation by the vendor, manufacturer, or employer to be represented by the applicant that indicates the applicant is qualified to hold a solicitor’s license.

  (3) Pays the fee provided in section 204 of this title to the Division of Liquor Control by certified check made payable to the State of Vermont. The certified check shall be returned to the applicant if the Board does not grant him or her a license under this section.

  (b) A solicitor’s license holder may, by canvassing or interviewing holders of licenses issued under the provisions of this title:

  (1) solicit orders for and promote the sale of malt beverages, vinous beverages, or ready-to-drink spirits beverages; and

  (2) promote the sale of spirits and fortified wines.

  (c) The Board of Liquor and Lottery may suspend or revoke a solicitor’s license for failure to comply with any rule of the Board or for other cause. A solicitor’s license shall not be revoked until the license holder has had an opportunity for a hearing following reasonable notice.

  (d) A person who solicits, or attempts to solicit, orders for malt beverages, vinous beverages, or ready-to-drink spirits beverages or promotes, or attempts to promote, the sale of malt or vinous beverages, ready-to-drink spirits beverages, spirits, or fortified wines by canvassing or interviewing a holder of a license issued under the provisions of this title, without having first obtained a solicitor’s license as provided in this section, or who makes a false or fraudulent statement or representation in an application for the license or in connection with an application shall be imprisoned not more than six months or fined not more than $500.00, or both. (Added 2017, No. 83, § 60; amended 2018, No. 1 (Sp. Sess.), § 60; 2019, No. 73, § 18; 2021, No. 177 (Adj. Sess.), § 23, eff. July 1, 2022.)

• § 276. Industrial alcohol distributor’s license

  (a) The Board of Liquor and Lottery may grant an industrial alcohol distributor’s license upon application and payment of the fee provided in section 204 of this title.

  (b) Alcohol sold under an industrial alcohol distributor’s license may only be used for manufacturing, mechanical, medicinal, and scientific purposes. (Added 2017, No. 83, § 61; amended 2018, No. 1 (Sp. Sess.), § 61.)

• § 277. Malt, vinous, and ready-to-drink spirits beverage consumer shipping license

  (a)(1) A manufacturer or rectifier of malt beverages, vinous beverages, or ready-to-drink spirits beverages licensed in Vermont may be granted an in-state consumer shipping license by filing with the Division of Liquor Control an application in a form required by the Commissioner accompanied by a copy of the applicant’s current Vermont manufacturer’s license and the fee provided in section 204 of this title.

  (2) An in-state consumer shipping license may be renewed annually by submitting to the Division the fee provided in section 204 of this title accompanied by a copy of the licensee’s current Vermont manufacturer’s license.

  (b)(1) A manufacturer or rectifier of malt beverages, vinous beverages, or ready-to-drink spirits beverages licensed in another state that operates a brewery, winery, or distillery 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 Division of Liquor Control an application in a form required by the Commissioner accompanied by copies of the applicant’s current out-of-state manufacturer’s license and the fee provided in section 204 of this title.

  (2) An out-of-state consumer shipping license may be renewed annually by submitting to the Division the fee provided in section 204 of this title accompanied by the licensee’s current out-of-state manufacturer’s license.

  (3) As used in 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)(1) A consumer shipping license granted pursuant to this section shall permit the licensee to ship malt beverages, vinous beverages, or ready-to- drink spirits beverages produced by the licensee to private residents for personal use and not for resale.

  (2) A licensee shall not ship more than 12 cases of malt beverages containing not more than 36 gallons of malt beverages or not more than 12 cases of vinous beverages or ready-to-drink spirits beverages containing not more than 29 gallons of vinous beverages or ready-to-drink spirits beverages to any one Vermont resident in any calendar year.

  (3) The beverages shall be shipped by common carrier certified by the Division pursuant to section 280 of this subchapter. 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 authorized form of identification, as defined in section 589 of this title, from a recipient who appears to be under 30 years of age; and

  (C) require the recipient to sign an electronic or paper form or other acknowledgment of receipt. (Added 2017, No. 83, § 62; amended 2018, No. 1 (Sp. Sess.), § 62; 2021, No. 177 (Adj. Sess.), § 24, eff. July 1, 2022.)

• § 278. Vinous beverage retail shipping license

  (a) A manufacturer or rectifier of vinous beverages that is licensed in the State or outside the 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 Division of Liquor Control an application in a form required by the Commissioner accompanied by a copy of its in-state or out-of-state license and the fee provided in section 204 of this title.

  (b) The retail shipping license may be renewed annually by submitting to the Division the fee provided in section 204 of this title accompanied by the licensee’s current in-state or out-of-state manufacturer’s license.

  (c) A retail shipping license holder, including the holder’s affiliates, franchises, and subsidiaries, may sell up to 5,000 gallons of vinous beverages per 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.

  (d) The retail shipping license holder shall provide to the Division documentation of the annual and monthly number of gallons sold.

  (e) Vinous beverages sold 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. (Added 2017, No. 83, § 63; amended 2018, No. 1 (Sp. Sess.), § 63.)

• § 279. Consumer and retail shipping licenses; general requirements

  A holder of a shipping license granted pursuant to section 277 or 278 of this subchapter shall comply with all of the following:

  (1) Ensure that all containers of alcoholic beverages are shipped in a container that is clearly labeled: “contains alcohol; signature of individual 21 years of age or older required for delivery.”

  (2) Not ship to any address in a municipality that the Division of Liquor Control identifies 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 per year to the Division if a holder of a consumer shipping license and once per year if a holder of a retail shipping license in a manner and form required by the Commissioner all the following information:

  (A) the total amount of malt beverages, vinous beverages, or ready-to-drink spirits beverages shipped into or within the State during the preceding six months if a holder of a consumer shipping license or during the preceding 12 months if a holder of a retail shipping license;

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

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

  (5) Pay to the Commissioner of Taxes the tax required pursuant to section 421 of this title on the malt beverages, vinous beverages, or ready- to-drink spirits beverages shipped pursuant to this subchapter 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 Division 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 Board of Liquor and Lottery, Division of Liquor Control, or any other State agency and the Vermont State courts concerning enforcement of this or other applicable laws and rules.

  (8) Not have any direct or indirect financial interest in a Vermont wholesale dealer or retail dealer, including a first-, second-, or third-class licensee.

  (9) Comply with all applicable laws and Board of Liquor and Lottery rules.

  (10) Comply with the beverage container deposit redemption system pursuant to 10 V.S.A. chapter 53. (Added 2017, No. 83, § 64; amended 2018, No. 1 (Sp. Sess.), § 64; 2021, No. 177 (Adj. Sess.), § 25, eff. July 1, 2022.)

• § 280. Common carriers; requirements

  (a) A common carrier shall not deliver malt beverages, vinous beverages, or ready-to-drink spirits beverages pursuant to this chapter until it has complied with the training provisions in section 213 of this title and been certified by the Division of Liquor Control.

  (b) No employee of a certified common carrier may deliver malt beverages, vinous beverages, or ready-to-drink spirits beverages until that employee completes the training required pursuant to subsection 213(c) of this title.

  (c) A certified common carrier shall deliver only malt beverages, vinous beverages, or ready-to-drink spirits beverages that have been shipped by the holder of a license issued under section 277 or 278 of this subchapter or vinous beverages that have been shipped by the holder of a vinous beverage storage license issued under section 283 of this subchapter. (Added 2017, No. 83, § 65; amended 2018, No. 1 (Sp. Sess.), § 65; 2021, No. 177 (Adj. Sess.), § 26, eff. July 1, 2022.)

• § 281. Prohibitions

  (a)(1) Except as otherwise provided in section 226 of this title, direct shipments of malt beverages, vinous beverages, or ready-to-drink spirits beverages are prohibited if the shipment is not specifically authorized and in compliance with sections 277–280 of this subchapter.

  (2) Any person who knowingly makes, participates in, imports, or receives a direct shipment of malt beverages, vinous beverages, or ready-to-drink spirits beverages from a person who does not hold a license, permit, or certificate pursuant to sections 226 or 277–280 of this title may be fined not more than $2,500.00 or imprisoned not more than one year, or both.

  (b) The holder of a license issued pursuant to section 277 or 278 of this title or a common carrier that ships malt beverages, vinous beverages, or ready-to-drink spirits 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.

  (c) For any violation of sections 277-280 of this subchapter, the Board of Liquor and Lottery may suspend or revoke a license issued under section 277 or 278 of this subchapter, in addition to any other remedies available to the Board. (Added 2017, No. 83, § 66; amended 2018, No. 1 (Sp. Sess.), § 66; 2019, No. 73, § 8; 2021, No. 177 (Adj. Sess.), § 27, eff. July 1, 2022.)

• § 282. Rulemaking

  The Board of Liquor and Lottery and the Commissioner of Taxes may adopt rules and forms necessary to implement sections 277-281 of this subchapter. (Added 2017, No. 83, § 67; amended 2018, No. 1 (Sp. Sess.), § 67.)

• § 283. Vinous beverage storage and shipping license

  (a) The Board of Liquor and Lottery may, pursuant to rules adopted by the Board, grant a vinous beverage storage and shipping license to a person that submits an application and pays the fee provided in section 204 of this title.

  (b)(1) A vinous beverage storage and shipping licensee may operate a climate-controlled storage facility in which vinous beverages owned by another person are stored for a fee and may transport vinous beverages on which all applicable taxes already have been paid.

  (2) A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous beverage manufacturer that has an in-state or out-of-state consumer shipping license pursuant to section 277 of this title.

  (3) Vinous beverages stored by the licensee 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 section 280 of this title.

  (c) 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; amended 2017, No. 83, § 68; 2018, No. 1 (Sp. Sess.), § 68.)