§ 104. Duties; authority to resolve alleged violations
The Board shall supervise and manage the sale of spirits and fortified wines within
the State in accordance with the provisions of this title and through the Commissioner
of Liquor and Lottery shall:
(1)(A) Ensure that the laws relating to alcohol and alcoholic beverages are enforced, using
for that purpose as much of the monies annually available to the Board of Liquor and
Lottery as may be necessary.
(B) The Board of Liquor and Lottery and its agents and investigators shall act in this
respect in collaboration with sheriffs, deputy sheriffs, constables, law enforcement
officers certified as Level II or Level III pursuant to 20 V.S.A. chapter 151, and members of village and city police forces, control commissioners, the Attorney
General, and State’s Attorneys.
(C) When the Board acts to enforce any section of this title or any administrative rule
relating to sale to minors, its investigation on the alleged violation shall be forwarded
to the Attorney General or the appropriate State’s Attorney whether or not there is
an administrative finding of wrongdoing. Nothing in this section shall be deemed to
affect the responsibility or duties of law enforcement officers or agencies with respect
to the enforcement of the provisions of this title.
(D) The Commissioner or designee is authorized to prosecute administrative matters under
this section and shall have the authority to enter into direct negotiations with a
licensee to reach a proposed resolution or settlement of an alleged violation, subject
to Board approval, or dismissal with or without prejudice.
(E) Ensure that the owner of a premises leased by a licensee is notified of licensee violations
of alcoholic beverage laws.
(2) Supervise the opening and operation of local agencies for the sale and distribution
of spirits and fortified wines.
(3) Locate, establish, and supervise the operation of a central liquor warehouse and office
for the purpose of supplying spirits and fortified wines to local agencies established
in accordance with this title and for the purpose of selling spirits and fortified
wines to licensees of the third class and fortified wine permit holders.
(4) Supervise the financial transactions of the central liquor warehouse and office and
the local agencies established in accordance with this title.
(5) Adopt rules necessary for the execution of its powers and duties and of the powers
and duties of all persons under its supervision and control.
(6) Employ assistants, investigators, and other officers as it deems necessary, subject
to the approval of the Governor.
(7) Fix bonds or other security to be given by licensees.
(8) Adopt rules concerning and issue licenses and permits under whatever terms and conditions
it may impose for the furnishing, purchasing, selling, bartering, transporting, importing,
exporting, delivering, and possessing of alcohol, including denatured alcohol, for
manufacturing, mechanical, medicinal, and scientific purposes.
(9) Adopt rules regarding labeling and advertising of alcoholic beverages by adoption
of federal regulations or otherwise and collaborate with federal agencies in respect
to the adoption and the enforcement of the rules.
(10) Adopt rules relating to extension of credit by and to licensees or permittees.
(11) Adopt rules regarding intrastate transportation of malt beverages, vinous beverages,
and ready-to-drink spirits beverages.
(12) Review the budget for the Department submitted by the Commissioner and approve or
amend it for submission to the Governor. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1975, No. 254 (Adj. Sess.), § 138; 1977, No. 54, § 1(a), eff. April 23, 1977; 1981, No. 246 (Adj. Sess.), § 1; 2011, No. 115 (Adj. Sess.), § 7; 2015, No. 23, § 80; 2015, No. 51, §§ A.5, eff. Jan. 1, 2016; 2017, No. 83, § 13; 2017, No. 93 (Adj. Sess.), § 4; 2018, No. 1 (Sp. Sess.), § 11; 2021, No. 177 (Adj. Sess.), § 4, eff. July 1, 2022; 2023, No. 17, § 3, eff. July 1, 2023.)