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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 7: Alcoholic Beverages, Cannabis, and Tobacco

Chapter 019: ENFORCEMENT

  • § 561. Authority of liquor control investigators; arrest for unlawfully manufacturing, possessing, or transporting alcoholic beverages; seizure of property

    (a) The Director of Enforcement for the Division of Liquor Control and investigators employed by the Board of Liquor and Lottery or by the Division of Liquor Control shall be certified as Level III law enforcement officers by the Vermont Criminal Justice Council and shall have the same powers and immunities as those conferred on the State Police by 20 V.S.A. § 1914.

    (b) The Commissioner of Liquor and Lottery, the Director of Enforcement for the Division of Liquor Control, an investigator employed by the Board of Liquor and Lottery or by the Division of Liquor Control, or any other law enforcement officer may arrest or take into custody pursuant to the Vermont Rules of Criminal Procedure a person whom he or she finds in the act of manufacturing alcohol or possessing a still or other apparatus for the manufacture of alcohol; unlawfully selling, bartering, possessing, furnishing, or transporting alcohol; or unlawfully selling, furnishing, or transporting alcoholic beverages, and shall seize the alcohol, vessels, and implements of sale and the stills or other apparatus for the manufacture of alcohol in the possession of the person. He or she may also seize and take into custody any property described in this section. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1987, No. 201 (Adj. Sess.); 2011, No. 17, § 1, eff. May 11, 2011; 2011, No. 17, § 3, eff. July 1, 2013; 2013, No. 64, §§ 7, 8, eff. June 3, 2013; 2013, No. 141 (Adj. Sess.), § 15, eff. July 1, 2015; 2017, No. 83, § 79; 2018, No. 1 (Sp. Sess.), § 73.)

  • § 562. Search warrants

    (a) If a State's Attorney, the Commissioner of Liquor and Lottery, an investigator duly acting for the Board of Liquor and Lottery, or a control commissioner makes a complaint under oath or affirmation to a judge of the Criminal Division of the Superior Court that he or she or they have reason to believe that alcoholic beverages or alcohol is kept or deposited for sale or distribution contrary to law, or that alcohol is manufactured or possessed contrary to law, in any kind of vehicle, aircraft, watercraft, or other conveyance, or a dwelling house, railway car, building, or place in the county, the judge shall issue a warrant to search the premises described in the complaint.

    (b) If the alcoholic beverages or alcohol is found there under circumstances warranting the belief that it is intended for sale or distribution contrary to law, or if alcohol is found in that place under circumstances warranting the belief that it is unlawfully manufactured or possessed, or if any still or other apparatus for the manufacture of alcohol is found in that place, the officer shall seize and convey the alcoholic beverages, alcohol, or still or other apparatus to a secure place and keep it until the court renders a final judgment on it. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 7, eff. April 9, 1974; 2009, No. 154, § 238; 2017, No. 83, § 80; 2017, No. 93 (Adj. Sess.), § 6; 2018, No. 1 (Sp. Sess.), § 74.)

  • § 563. Search of premises without warrant

    (a) A law enforcement officer or selectboard member who has information that alcoholic beverages or alcohol is kept with intent to sell, or is sold contrary to law in any kind of public place for selling refreshments, except a dwelling house, on or near the grounds of a public occasion of any kind shall search the suspected place without a warrant.

    (b)(1) If the officer finds alcoholic beverages or alcohol upon the premises, he or she shall seize it and apprehend the keeper of the place and take him or her, without the seized alcoholic beverages or alcohol, as soon as practicable, before a judge of the Criminal Division of the Superior Court in the jurisdiction where the alcoholic beverages or alcohol is found.

    (2) The officer shall make a written complaint under oath or affirmation to the judge, setting forth the details of the finding of the alcoholic beverages or alcohol.

    (c)(1) Upon proof that the alcoholic beverages or alcohol were found in the possession of the accused in a public place, with intent to sell contrary to law, the seized alcoholic beverages or alcohol shall be adjudged forfeited and disposed of by order of the court, as provided in this chapter.

    (2) The owner or keeper shall be proceeded against pursuant to this chapter for keeping the alcoholic beverages or alcohol with intent to sell. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 8, eff. April 9, 1974; 2017, No. 83, § 81; 2017, No. 93 (Adj. Sess.), § 7.)

  • § 564. Notice of seizure; hearing, fees

    (a) An officer who pursuant to section 562 or 563 of this chapter seizes alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol, with or without a warrant, shall promptly give notice of the seizure to the State's Attorney of the county.

    (b) The State's Attorney shall then attend and act in behalf of the State at the hearing against the seized alcoholic beverages, alcohol, still, or apparatus.

    (c) An officer making a seizure without a warrant shall be allowed the same fees as if he or she had acted under a warrant. (Amended 2017, No. 83, § 82; 2017, No. 93 (Adj. Sess.), § 8.)

  • § 565. Arrest of owner of seized property

    The officer shall promptly apprehend and bring before the court the owner, keeper, and all persons having custody of or exercising any control over the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter, whether as principal, clerk, servant, or agent. (Amended 2017, No. 83, § 83.)

  • § 566. Arrest of owner of building

    If the owner or keeper of the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter is unknown to the officer, or if a person is not found in possession or custody of the seized alcoholic beverages, alcohol, or other property, the officer shall apprehend and bring before the court the owner or occupant of the building or apartments in which the seized alcoholic beverages, alcohol, or other property was found, if he or she knows or can ascertain the person's identity. (Amended 2017, No. 83, § 84.)

  • § 567. Forfeiture of seized property

    (a) If, after a hearing, the court determines that the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter was intended for sale, distribution, or use contrary to law, it shall be adjudged forfeited and condemned.

    (b) Alcoholic beverages, alcohol, or other property that is adjudged forfeited and condemned under this section shall be turned over to the Commissioner of Liquor and Lottery for the benefit of the State. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2017, No. 83, § 85; 2018, No. 1 (Sp. Sess.), § 75.)

  • § 568. Costs of forfeiture and condemnation proceedings

    Upon condemnation of alcoholic beverages, alcohol, or other property pursuant to section 567 of this title, any person apprehended and brought before the court under sections 563 and 565 of this title shall be liable for the costs of the proceedings if, in the judgment of the court, any of them by themselves, or through clerks, servants, or agents:

    (1) engaged in, or aided, assisted, or abetted the keeping of the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use;

    (2) were privy to the keeping of the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use; or

    (3) knowingly permitted the use of any building or apartments the person owned or controlled for storing or keeping the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use. (Amended 2017, No. 83, § 86.)

  • § 569. Execution for costs

    If the court determines that a person is liable for the costs of the proceedings pursuant to section 568 of this title and the costs are not paid, the court, after a hearing, shall issue an execution in favor of the State and against the person that is liable for the costs. The execution shall be certified as follows: "This execution is issued for the costs of the seizure and condemnation of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol that was kept in violation of law."  (Amended 1971, No. 185 (Adj. Sess.), § 19, eff. March 29, 1972; 2017, No. 83, § 87.)

  • § 570. Forfeiture and condemnation of seized vehicle or craft

    (a) If an officer seizes alcoholic beverages or alcohol and takes possession of a vehicle, air or water craft, or other conveyance, he or she shall promptly make a complaint under oath or affirmation to a judge of the Criminal Division of the Superior Court in the jurisdiction where the seizure occurred.

    (b) The same proceedings shall be had with respect to the alcoholic beverages or alcohol and the vehicle, air or water craft, or other conveyances, except that if the vehicle, air or water craft, or other conveyance is adjudged forfeited and condemned, it shall, upon the written order of the court, be sold at a public sheriff's sale for the benefit of the State. The officer making the sale shall make a return in writing to the court that issued the order of sale with the proceeds from the sale, less his or her expenses and fees for keeping and selling the vehicle, air or water craft, or other conveyance, which shall be the same as for the sale of personal property upon execution. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 9, eff. April 9, 1974; 2009, No. 154, § 238; 2017, No. 83, § 89.)

  • § 571. Repealed. 2017, No. 83, § 88.

  • § 572. Proceeds of sale of condemned vehicle or craft

    (a) From the net proceeds of a sale pursuant to section 570 of this title, the court shall pay all liens, according to their priority that:

    (1) are established by intervention or otherwise at the time the court enters the judgment of forfeiture or in other proceedings brought for that purpose; and

    (2) are bona fide and were created without the owner's having any knowledge that the carrying vehicle was used or would be used for the illegal transport of alcoholic beverages or alcohol.

    (b) The court shall pay the balance of the proceeds to the State Treasurer. (Amended 2017, No. 83, § 90.)

  • § 573. Rights of owner; adjourned hearing

    (a) Nothing in this chapter shall be construed to prejudice the rights of a bona fide owner of a vehicle, air or water craft, or other conveyance to have it returned to his or her possession upon proof that he or she had no knowledge that it was being used or was to be used for the illegal transportation of alcoholic beverages or alcohol, provided he or she enters an appearance before the court has entered a judgment of forfeiture.

    (b)(1) If, following a hearing, the person in charge of a vehicle, air or water craft, or other conveyance is determined not to be its owner and no person has claimed it, the hearing shall be continued to a date certain and the taking of the vehicle, air or water craft, or other conveyance and the date of the adjourned hearing shall be advertised in a newspaper published in the town or county where it was taken or, if there is no newspaper published in the town or county, in a newspaper having circulation in the county, once a week for three successive weeks.

    (2) The Commissioner of Finance and Management shall provide the court conducting the hearing with the cost of the advertising. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 91.)

  • § 574. Reopening of forfeiture proceeding

    (a) At any time within one year after a vehicle, air or water craft, or other conveyance has been adjudged forfeited, a claimant may provide notice to the State's Attorney of the county and, upon showing that he or she had no knowledge of the forfeiture hearing, may apply to the court that entered the judgment of forfeiture to have the case reopened. The court may require the claimant to give security by posting a bond to the State in a sufficient sum, as the court directs, conditioned on the claimant prosecuting his or her claim to effect and paying the costs awarded against him or her.

    (b) If upon rehearing the claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of the claim, which shall not exceed the net amount actually realized by the State from the sale of the vehicle, air or water craft, or other conveyance, and the Commissioner of Finance and Management shall issue his or her warrant to pay the sum. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 10, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 92.)

  • § 575. Claim by owner, keeper, or possessor for seized goods or apparatus; bond

    (a)(1) When the owner, keeper, or possessor of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol seized under the provisions of this title appears and makes a claim to the seized alcoholic beverages, alcohol, or other property, he or she shall file a written claim with the court before which the proceedings are pending.

    (2) The claim shall set forth his or her interest in the seized alcoholic beverages, alcohol, or other property, and the reasons why it should not be adjudged forfeited.

    (b) The court may require the claimant to give security by posting a bond to the State, in a sufficient sum as the court directs, conditioned on the claimant prosecuting his or her claim to effect and paying the costs awarded against him or her. (Amended 2017, No. 83, § 93.)

  • § 576. Appeal; bond

    If a claimant elects to appeal from the judgment of the court under this chapter, the court may require that he or she give security by posting a bond to the State, in a sufficient sum, as the court directs, conditioned on the claimant's prosecuting his or her appeal to effect and paying the costs awarded against him or her. (Amended 2017, No. 83, § 94.)

  • § 577. Judgment against claimant; forfeiture; costs

    If the court renders judgment against the claimant pursuant to section 575 or 576 of this title, the alcoholic beverages or alcohol and the casks or vessels containing the alcoholic beverages or alcohol shall be adjudged forfeited and condemned, as provided in this chapter, and the court shall also enter judgment against the claimant for all costs of prosecution incurred after the filing of his or her claim. (Amended 2017, No. 83, § 95.)

  • § 578. Disposition of liquor condemned on appeal

    If the appellant fails to enter and prosecute his or her appeal pursuant to section 576 of this title, or if judgment is against him or her on appeal, the court in which the appeal is finally decided shall order the alcoholic beverages or alcohol to be disposed of as in the case of alcoholic beverages or alcohol adjudged forfeited and condemned under an order of a judge of the Criminal Division of the Superior Court pursuant to section 567 of this title. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 11, eff. April 9, 1974; 2017, No. 83, § 96.)

  • § 579. Seized property taken by writ of replevin

    If alcoholic beverages, alcohol, or other property seized by an officer under the provisions of this chapter is taken from his or her possession by a writ of replevin, it shall not be delivered to the claimant, but shall be held by the officer serving the writ, until the final determination of the seizure action. Upon the final determination of the action, the alcoholic beverages, alcohol, or other property held by the officer who served the writ shall be delivered to the party in whose favor judgment is rendered, or to an officer who has authority to hold or dispose of it under the original seizure proceedings. (Amended 2017, No. 83, § 97.)

  • § 580. Seizure proceedings without delay by replevin

    Proceedings on the seizure of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol, except final execution, shall not be delayed by a replevin of the seized alcoholic beverages, alcohol, or other property, but the cause shall proceed to final judgment as if the action for replevin had not been commenced. (Amended 2017, No. 83, § 98.)

  • § 581. Costs against owner or keeper

    If proceedings for the condemnation of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol result in the prosecution and conviction of the owner or keeper of the alcoholic beverages, alcohol, or other property for an offense under this title, the costs in the proceedings shall be taxed against the owner or keeper. (Amended 2017, No. 83, § 99.)

  • § 582. Sale of alcoholic beverages taken by attachment or on execution

    Alcoholic beverages lawfully taken by attachment or on execution issued by a court of this State may be sold by a duly authorized officer as other personal property taken on execution, but only to the persons and institutions to which alcoholic beverages may be sold under the provisions of this title. (Amended 2017, No. 83, § 100; 2017, No. 113 (Adj. Sess.), § 41.)

  • § 583. Enforcement as State expense

    Fees payable and expenses incurred under the provisions of this title shall be paid by the State. (Amended 2017, No. 83, § 101.)

  • § 584. Sufficiency of specification

    If a specification is required in prosecutions for offenses under this title, it shall be sufficient to specify the offenses with as much certainty as to the time, place, and person as the prosecutor is able to provide, and the specifications provided may be amended at trial. When the specifications set forth the sale or furnishing of alcoholic beverages or alcohol to any unknown person or persons, the witnesses may be inquired of as to those transactions. If the name of the person is disclosed, it may be added to the specifications, and upon any terms related to postponement of the trial as the court deems reasonable. (Amended 2017, No. 83, § 103.)

  • § 585. Alcohol dealer registration as evidence

    A copy or record of a person's Alcohol Dealer Registration with the U.S. Alcohol and Tobacco Tax and Trade Bureau shall be prima facie evidence that the person named in the registration keeps for sale and sells alcoholic beverages or alcohol. (Amended 2017, No. 83, § 104.)

  • § 586. Repealed. 2017, No. 83, § 102.

  • § 587. Fines and costs

    Fines collected under this title shall be remitted to the General Fund. Costs collected under this title shall be remitted to the Liquor Control Enterprise Fund. (Amended 1999, No. 49, § 192; 2017, No. 82, § 105.)

  • § 588. Fees of sheriff, constable, or police officer

    When a sheriff, constable, or police officer makes a search under this title pursuant to a warrant, he or she shall receive a fee for the search, reimbursement for mileage at the rate set pursuant to 32 V.S.A. § 1267, and the sum that he or she actually paid out for necessary assistance, if:

    (1) the Commissioner of Liquor and Lottery deems the amount to be reasonable; and

    (2) the officer declares under oath that the money was expended as claimed, and, if applicable, states the name of his or her assistant and the amount paid for the assistance. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 107; 2018, No. 1 (Sp. Sess.), § 76.)

  • § 589. Exhibition of card

    An individual shall exhibit "a valid authorized form of identification," which means a valid photographic operator's license, enhanced driver's license, or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a U.S. military identification card, or a valid passport or passport card bearing the photograph and signature of the individual upon demand of a licensee, an employee of a licensee, or a law enforcement officer. On the failure of an individual to produce and exhibit a valid authorized form of identification upon demand of a licensee, the licensee shall be entitled to refuse to sell the individual any alcoholic beverage. Sale or furnishing of any alcoholic beverages by a licensee to an individual exhibiting a valid authorized form of identification shall be prima facie evidence of the licensee's compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors. (Added 1963, No. 145, § 2; amended 1989, No. 195 (Adj. Sess.), § 2; 1995, No. 121 (Adj. Sess.), § 2; 1997, No. 158 (Adj. Sess.), § 3; 2007, No. 114 (Adj. Sess.), § 1; 2013, No. 64, § 6; 2017, No. 83, § 108.)

  • § 590. Board of Liquor and Lottery; rules

    The Board of Liquor and Lottery shall adopt rules as necessary to effectuate the purposes of section 589 of this title. (Added 1963, No. 145, § 5; amended 2007, No. 114 (Adj. Sess.), § 2; 2017, No. 83, § 109; 2018, No. 1 (Sp. Sess.), § 77.)

  • §§ 591-597. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

  • § 598. Repealed. 2017, No. 83, § 106.

  • § 599. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

  • § 600. Redesignated. 2017, No. 83, § 107.

  • § 601. Repealed. 2007, No. 114 (Adj. Sess.), § 5.

  • § 602. Redesignated. 2017, No. 83, § 108.

  • § 603. Redesignated. 2017, No. 83, § 109.