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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 7: Alcoholic Beverages, Cannabis, and Tobacco

Chapter 021: PENALTIES

  • § 651. Soliciting orders

    A person who, for himself or herself or as agent, takes or solicits orders for the sale of malt or vinous beverages, except for licensees or from agencies of the U.S. Armed Forces as specified in section 421 of this title, or of spirits or fortified wines shall be imprisoned not more than six months or fined not more than $500.00 nor less than $100.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 110; 2019, No. 73, § 9.)

  • § 652. Transportation

    A person who, by himself or herself, or through a clerk or agent, brings into the State, or conveys or transports over or along a railroad or public highway, or by land, air, or water, alcoholic beverages or alcohol that the person knows or has reason to believe is to be unlawfully kept, sold, or furnished shall be imprisoned not more than six months nor less than three months or fined not more than $2,500.00 nor less than $100.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 111; 2019, No. 73, § 10.)

  • § 653. Repealed. 2003, No. 54, § 14.

  • § 654. Repealed. 2017, No. 83, § 112.

  • § 655. Barter

    (a) A licensee or permittee shall be imprisoned not more than six months nor less than 30 days or fined not more than $1,500.00 nor less than $500.00, or both, if the licensee or permittee:

    (1) purchases or receives apparel, tools, implements of trade or husbandry, household goods, furniture, or provisions, directly or indirectly, by way of sale or barter, the consideration for which is, in whole or in part, alcoholic beverages or alcohol or the price of the alcoholic beverages or alcohol; or

    (2) receives apparel, tools, implements of trade or husbandry, household goods, furniture, or provisions in pawn for alcoholic beverages or alcohol or the price of the alcoholic beverages or alcohol.

    (b) A person's license or permit issued under this title shall be revoked following a conviction under subsection (a) of this section. (Amended 2017, No. 83, § 113; 2019, No. 73, § 11.)

  • § 656. Person 16 years of age or older and under 21 years of age misrepresenting age, procuring, possessing, or consuming alcoholic beverages; civil violation

    (a)(1) Prohibited conduct. A person 16 years of age or older and under 21 years of age shall not:

    (A) Falsely represent his or her age for the purpose of procuring or attempting to procure malt or vinous beverages, spirits, or fortified wines from any licensee, State liquor agency, or other person or persons.

    (B) Possess malt or vinous beverages, spirits, or fortified wines for the purpose of consumption by himself or herself or other minors, except in the regular performance of duties as an employee of a licensee licensed to sell alcoholic liquor.

    (C) Consume malt or vinous beverages, spirits, or fortified wines. A violation of this subdivision may be prosecuted in a jurisdiction where the minor has consumed malt or vinous beverages, spirits, or fortified wines or in a jurisdiction where the indicators of consumption are observed.

    (2) Offense. A person who knowingly violates subdivision (1) of this subsection commits a civil violation and shall be referred to the Court Diversion Program for the purpose of enrollment in the Youth Substance Awareness Safety Program. A person who fails to complete the program successfully shall be subject to:

    (A) a civil penalty of $300.00 and suspension of the person's operator's license and privilege to operate a motor vehicle for a period of 30 days, for a first offense; and

    (B) a civil penalty of not more than $600.00 and suspension of the person's operator's license and privilege to operate a motor vehicle for a period of 90 days, for a second or subsequent offense.

    (b) Issuance of notice of violation. A law enforcement officer shall issue a person who violates this section a notice of violation, in a form approved by the Court Administrator. The notice of violation shall require the person to provide his or her name and address and shall explain procedures under this section, including that:

    (1) the person shall contact the Diversion Program in the county where the offense occurred within 15 days;

    (2) failure to contact the Diversion Program within 15 days will result in the case being referred to the Judicial Bureau, where the person, if found liable for the violation, will be subject to a civil penalty and a suspension of the person's operator's license and may face substantially increased insurance rates;

    (3) no money should be submitted to pay any penalty until after adjudication; and

    (4) the person shall notify the Diversion Program if the person's address changes.

    (c) Summons and complaint. When a person is issued a notice of violation under this section, the law enforcement officer shall complete a summons and complaint for the offense and send it to the Diversion Program in the county where the offense occurred. The summons and complaint shall not be filed with the Judicial Bureau at that time.

    (d) Registration in Youth Substance Abuse Safety Program. Within 15 days after receiving a notice of violation, the person shall contact the Diversion Program in the county where the offense occurred and register for the Youth Substance Abuse Safety Program. If the person fails to do so, the Diversion Program shall file the summons and complaint with the Judicial Bureau for adjudication under 4 V.S.A. chapter 29. The Diversion Program shall provide a copy of the summons and complaint to the law enforcement officer who issued the notice of violation and shall provide two copies to the person charged with the violation.

    (e) Notice to report to Diversion. Upon receipt from a law enforcement officer of a summons and complaint completed under this section, the Diversion Program shall send the person a notice to report to the Diversion Program. The notice to report shall provide that:

    (1) The person is required to complete all conditions related to the offense imposed by the Diversion Program, including substance abuse screening and, if deemed appropriate following the screening, substance abuse assessment or substance abuse counseling, or both.

    (2) If the person does not satisfactorily complete the substance abuse screening, any required substance abuse assessment or substance abuse counseling, or any other condition related to the offense imposed by the Diversion Program, the case will be referred to the Judicial Bureau, where the person, if found liable for the violation, shall be assessed a civil penalty, the person's driver's license will be suspended, and the person's automobile insurance rates may increase substantially.

    (3) If the person satisfactorily completes the substance abuse screening, any required substance abuse assessment or substance abuse counseling, and any other condition related to the offense imposed by the Diversion Program, no penalty shall be imposed and the person's operator's license shall not be suspended.

    (f)(1) Diversion Program requirements. Upon being contacted by a person who has been issued a notice of violation, the Diversion Program shall register the person in the Youth Substance Abuse Safety Program. Pursuant to the Youth Substance Abuse Safety Program, the Diversion Program shall impose conditions on the person. The conditions imposed shall include only conditions related to the offense and in every case shall include a condition requiring satisfactory completion of substance abuse screening using an evidence-based tool and, if deemed appropriate following the screening, substance abuse assessment and substance abuse education or substance abuse counseling, or both. If the screener recommends substance abuse counseling, the person shall choose a State-certified or State-licensed substance abuse counselor or substance abuse treatment provider to provide the services.

    (2) Substance abuse screening required under this subsection shall be completed within 60 days after the Diversion Program receives a summons and complaint. The person shall complete all conditions at his or her own expense.

    (3) When a person has satisfactorily completed substance abuse screening, any required substance abuse education or substance abuse counseling, and any other condition related to the offense which the Diversion Program has imposed, the Diversion Program shall:

    (A) void the summons and complaint with no penalty due; and

    (B) send copies of the voided summons and complaint to the Judicial Bureau and to the law enforcement officer who completed them. Before sending copies of the voided summons and complaint to the Judicial Bureau under this subdivision, the Diversion Program shall redact all language containing the person's name, address, Social Security number, and any other information which identifies the person.

    (4) If a person does not satisfactorily complete substance abuse screening, any required substance abuse education or substance abuse counseling, or any other condition related to the offense imposed by the Diversion Program or if the person fails to pay the Diversion Program any required program fees, the Diversion Program shall file the summons and complaint with the Judicial Bureau for adjudication under 4 V.S.A. chapter 29. The Diversion Program shall provide a copy of the summons and complaint to the law enforcement officer who issued the notice of violation and shall provide two copies to the person charged with the violation.

    (5) A person aggrieved by a decision of the Diversion Program or alcohol counselor may seek review of that decision pursuant to Rule 75 of the Vermont Rules of Civil Procedure.

    (g) [Repealed.]

    (h) Record of adjudications. Upon adjudicating a person in violation of this section, the Judicial Bureau shall notify the Commissioner of Motor Vehicles, who shall maintain a record of all such adjudications which shall be separate from the registry maintained by the Department for motor vehicle driving records. The identity of a person in the registry shall be revealed only to a law enforcement officer determining whether the person has previously violated this section. (Added 1999, No. 160 (Adj. Sess.), § 8; amended 2003, No. 52, § 2, eff. Oct. 1, 2003; 2013, No. 76, § 9; 2015, No. 147 (Adj. Sess.), § 6, eff. May 31, 2016; 2019, No. 167 (Adj. Sess.), § 5, eff. Oct. 7, 2020.)

  • § 657. Repealed. 2015, No. 147 (Adj. Sess.), § 7, eff. May 31, 2016.

  • § 657a. Person under 16 years of age misrepresenting age or procuring or possessing alcoholic beverages; delinquency

    A person under 16 years of age who engages in conduct in violation of subdivision 656(a)(1) of this title commits a delinquent act and shall be subject to 33 V.S.A. chapter 52. The person shall be provided the opportunity to participate in the Court Diversion Program unless the prosecutor states on the record why a referral to the Court Diversion Program would not serve the ends of justice. (Added 2013, No. 76, § 10.)

  • § 658. Sale or furnishing to minors; enabling consumption by minors; minors causing death or serious bodily injury

    (a) A person shall not:

    (1) sell or furnish alcoholic beverages to a person under 21 years of age; or

    (2) knowingly enable the consumption of alcoholic beverages by a person under 21 years of age.

    (b) As used in this section, "enable the consumption of alcoholic beverages" means creating a direct and immediate opportunity for a person to consume alcoholic beverages.

    (c) A person who violates subsection (a) of 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. However, an employee of a licensee or an employee of a State liquor agency, who in the course of employment violates subdivision (a)(1) of this section:

    (1) during a compliance check conducted by a law enforcement officer as defined in 20 V.S.A. § 2358:

    (A) shall be assessed a civil penalty of not more than $100.00 for the first violation and a civil penalty of not less than $100.00 nor more than $1,000.00 for a second violation that occurs more than one year after the first violation; and

    (B) shall be subject to the criminal penalties provided in this subsection (c) for a second violation within a year of the first violation, and for a third or subsequent violation within three years of the first violation.

    (2) may plead as an affirmative defense that:

    (A) the purchaser exhibited and the employee carefully viewed photographic identification that complied with section 589 of this title and indicated the purchaser to be 21 years of age or older;

    (B) an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and

    (C) the sale was made in good faith, based upon the reasonable belief that the purchaser was of legal age to purchase alcoholic beverages.

    (d)(1) A person who violates subsection (a) of this section, where the person under 21 years of age, while operating a motor vehicle, snowmobile, vessel, or all-terrain vehicle on a public highway, public land, or public waters, or in a place where a Vermont Association of Snow Travelers (VAST) trail maintenance assessment or a Vermont ATV Sportsman's Association (VASA) Trail Access Decal is required, causes death or serious bodily injury to himself or herself or to another person as a result of the violation, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.

    (2) As used in this subsection:

    (A) "All-terrain vehicle" shall have the same meaning as set forth in 23 V.S.A. § 3501.

    (B) "Public land" means all land in Vermont that is either owned or controlled by a local, State, or federal governmental body.

    (C) "Public waters" shall have the same meaning as in 10 V.S.A. § 1422.

    (D) "Snowmobile" shall have the same meaning as set forth in 23 V.S.A. § 3201.

    (E) "Vessel" shall have the same meaning as set forth in 23 V.S.A. § 3302. (Amended 1981, No. 246 (Adj. Sess.), § 3; 1997, No. 117 (Adj. Sess.), § 5; 1999, No. 163 (Adj. Sess.), § 1; 2001, No. 63, § 65a, eff. June 16, 2001; 2017, No. 83, § 114; 2017, No. 158 (Adj. Sess.), § 16, eff. May 21, 2018; 2019, No. 73, § 12.)

  • § 659. Refusal or neglect of officers to perform duties

    (a) The county sheriffs, sheriff's deputies, constables, officers or members of the village or city police, State Police, and investigators of the Board of Liquor and Lottery shall have the authority and duty to ensure that the provisions of this title and the rules adopted by the Board of Liquor and Lottery pursuant to this title are enforced within their respective jurisdictions. Any officer who willfully refuses or neglects to perform the duties imposed upon him or her by this section shall be fined not more than $500.00 or imprisoned not more than 90 days, or both.

    (b) A control commissioner or State's Attorney who willfully refuses or neglects to investigate a complaint for a violation of this chapter, when accompanied by evidence in support of the complaint, shall be fined $300.00. (Amended 2017, No. 83, § 115; 2017, No. 93 (Adj. Sess.), § 9; 2018, No. 1 (Sp. Sess.), § 78.)

  • § 660. Advertising

    (a) Any outside billboards or signs that contain an advertisement relating to alcoholic beverages or indicate where alcoholic beverages may be procured shall comply with the requirements of 10 V.S.A. chapter 21. A person who violates any provision of this section shall be fined not more than $100.00 nor less than $10.00, for each offense, and a conviction for a violation shall be cause for revoking the person's license issued under this title.

    (b) Notwithstanding subsection (a) of this section, advertising of alcoholic beverages on a motor vehicle lawfully transporting alcoholic beverages or on a vehicle drawn by horses shall be permitted.

    (c)(1) The alcohol content of any malt beverage shall not be set forth or stated in any advertising or promotion of the beverage in any medium.

    (2) A person shall not advertise or promote the sale of any fermented beverage made from malt by indicating in any way that the beverage has a higher alcoholic content than other similar beverages.

    (3) Notwithstanding subdivisions (1) and (2) of this subsection, the alcoholic content of a malt beverage may be set forth on its label or packaging. (Amended 1971, No. 110, § 1, eff. April 22, 1971; 1973, No. 215 (Adj. Sess.), § 1; eff. April 3, 1974; 1993, No. 168 (Adj. Sess.), § 4; 2017, No. 83, § 117; 2018, No. 1 (Sp. Sess.), § 79.)

  • § 661. Violations of title

    (a)(1) A person that furnishes, sells, or keeps with intent to sell, or bottles or prepares for sale any alcoholic beverages, except as authorized by this title, or sells, barters, transports, imports, exports, delivers, prescribes, furnishes, or possesses alcohol, except as authorized by the Board of Liquor and Lottery, or that unlawfully manufactures alcohol or possesses a still or other apparatus for the manufacture of alcohol shall be imprisoned not more than 12 months nor less than three months or fined not more than $2,500.00 nor less than $100.00, or both.

    (2) For a subsequent conviction under subdivision (1) of this subsection within one year, a person shall be imprisoned not more than three years nor less than six months or fined not more than $5,000.00 nor less than $500.00, or both.

    (b) A person that willfully violates a provision of this title for which no other penalty is prescribed or that willfully violates a rule of the Board of Liquor and Lottery shall be imprisoned not more than three months nor less than one month or fined not more than $500.00 nor less than $100.00, or both.

    (c) The provisions of subsection (b) of this section shall not apply to a violation of subsection 1005(a) of this title, relating to purchase of tobacco products, tobacco substitutes, or tobacco paraphernalia by a person under 21 years of age. (Amended 1991, No. 70, § 4, eff. May 1, 1992; 2017, No. 83, § 118; 2018, No. 1 (Sp. Sess.), § 80; 2019, No. 27, § 7, eff. Sept. 1, 2019; 2019, No. 73, § 13.)

  • § 662. Limit of sentence

    A sentence of imprisonment under this title shall not exceed a term of three years. (Amended 2017, No. 83, § 119.)

  • §§ 663, 664. Repealed. 1977, No. 208 (Adj. Sess.), § 7.

  • § 665. Repealed. 2017, No. 83, § 116.

  • § 666. Redesignated. 2017, No. 83, § 117.

  • § 667. Redesignated. 2017, No. 83, § 118.

  • § 668. Redesignated. 2017, No. 83, § 119.

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

  • § 671. Redesignated. 2017, No. 83, § 120.