A. Except as provided in Subsection B of this section, the director shall by rule develop procedures for segregated alcohol sales by every retailer or dispenser who sells alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises and whose sales are less than sixty percent of their total sales, giving serious consideration to the potentially adverse impact of segregated sales on different sizes of the establishments of the retailer or dispenser. The rules shall include:
(1) a provision to allow segregated sales of beer or cider that is packaged in a growler;
(2) a procedure by which a retailer or dispenser may fill or refill a growler and allow the growler to be removed from the licensed premises after the growler is sealed with a tamper-proof seal and the customer's sales receipt is attached to the growler; and
(3) a requirement that a retailer or dispenser shall sterilize a growler provided by a customer before the growler is refilled and sealed.
B. There shall not be segregated sales of table wine by retailers or dispensers who sell alcoholic beverages in the manner described in Subsection A of this section.
C. For purposes of this section, "table wine" means wine containing fourteen percent or less alcohol by volume when bottled or packaged by the manufacturer, but may also include:
(1) wine that is sealed or capped by cork closure and aged two years or more;
(2) wine that contains more than fourteen percent alcohol by volume produced solely as a result of the natural fermentation process and not produced with the addition of wine spirits, brandy or alcohol; or
(3) vermouth and sherry.
History: Laws 1993, ch. 68, § 36; 2003, ch. 376, § 1; 2016, ch. 73, § 2.
ANNOTATIONSThe 2016 amendment, effective July 1, 2016, required the director of the alcohol and gaming division of the regulation and licensing department to develop procedures regarding the sale of beer and cider packaged in a growler; in Subsection A, after "director shall by", deleted "regulation" and added "rule", after "giving serious consideration", deleted "in the regulation process", after "the establishment of the retailer or dispenser", added "The rules shall include", and added new Paragraphs (1) through (3).
The 2003 amendment, effective July 1, 2003, added "table wines excepted" to the section heading; in present Subsection A, added the subsection designation and inserted "Except as provided in Subsection B of this section" and added Subsections B and C.