Removal of vinous liquor from licensed premises.

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(1) Notwithstanding any provision of this article 3 to the contrary, a licensee described in subsection (2) of this section may permit a customer of the licensee to reseal and remove from the licensed premises one opened container of partially consumed vinous liquor purchased on the premises so long as the originally sealed container did not contain more than seven hundred fifty milliliters of vinous liquor.

(2) This section applies to a person: (a) That is duly licensed as a:

  1. Manufacturer under section 44-3-402;

  2. Limited winery under section 44-3-403;

  3. Beer and wine licensee under section 44-3-411;

  4. Hotel and restaurant under section 44-3-413;

  5. Tavern under section 44-3-414;

  6. Brew pub under section 44-3-417;

  7. Vintner's restaurant under section 44-3-422;

  8. Club under section 44-3-418;

  9. Distillery pub under section 44-3-426; or

  10. Lodging and entertainment facility under section 44-3-428; and

(b) That has meals, as defined in section 44-3-103 (31), or sandwiches and light snacks available for consumption on the licensed premises.

Source: L. 2018: (2)(b) amended, (SB 18-173), ch. 102, p. 780, § 1, effective August 8; entire article added with relocations, (HB 18-1025), ch. 152, p. 1026, § 2, effective October 1.

Editor's note: (1) This section is similar to former § 12-47-421 as it existed prior to 2018.

(2) Subsection (2)(b) of this section was numbered as § 12-47-421 (2)(b) in SB 18-173. That provision was harmonized with and relocated to this section as this section appears in HB 18-1025.


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