(A) Notwithstanding another provision of law or regulation, the holder of a retail permit authorizing the sale of beer for off-premises consumption whose primary product is beer or wine may conduct, in accordance with department rulings or regulations, not more than twenty-four beer tastings at any one retail location in a calendar quarter, provided that:
(1) at least ten days before the tasting, a notice detailing the specific date and hours of the tasting must be sent by first class mail or by electronic mail to the State Law Enforcement Division;
(2) the tastings must be conducted by the retailer or an agent or independent contractor of the retailer and may not be conducted by a wholesaler or manufacturer or an employee, agent, or independent contractor of a wholesaler or manufacturer. Nothing in this subsection prohibits a manufacturer or employee, agent, or independent contractor of a manufacturer from attending a tasting to provide information and offer educational material on the products to be sampled. For purposes of this subsection, a wholesaler is not considered an employee, agent, or independent contractor of a manufacturer;
(3) the products must be supplied by the retailer and may not be donated or otherwise supplied at no or reduced cost by the manufacturer or wholesaler;
(4) a sample may not be offered from more than eight products at any one tasting;
(5) no more than one container of each of the products to be sampled may be open at any time. Open containers must be visible at all times and must be removed at the conclusion of a tasting;
(6) the tasting must be held in a designated tasting area of the retail store;
(7) samples must be no more than two ounces for each product sampled as defined in Section 61-4-10(1);
(8) samples must be no more than one ounce for each product sampled as defined in Section 61-4-10(2), provided that no more than two of the total eight samples may contain more than ten percent of alcohol by weight;
(9) a person shall not be served more than one sample of each product;
(10) a sample shall not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. A person tasting a sample may not be allowed to loiter on the store premises;
(11) a sampling may not be offered for more than four hours; and
(12) a retailer, pursuant to this section, may not offer more than one sampling per day.
(B) A person who violates the provisions of this section must be assessed a fine of one hundred dollars for each violation in addition to other applicable fines and penalties. The revenue from the one hundred dollar fine must be directed to the Department of Revenue for supplementing funds required for the department's activities concerning licensure and regulation of alcohol.
HISTORY: 2010 Act No. 231, Section 3, eff June 7, 2010; 2013 Act No. 36, Section 2, eff June 6, 2013; 2017 Act No. 62, Section 4.C, eff April 5, 2018.
Editor's Note
2013 Act No. 36, Section 4, provides as follows:
"SECTION 4. This act takes effect upon approval by the Governor, except that, for a brewery licensed in the State at the time this act becomes effective, the requirements for proof of liability insurance shall apply immediately, and a licensed brewery must provide the required documentation within sixty days of the effective date of this act."
Effect of Amendment
The 2013 amendment deleted former subsection (12), relating to Section 61-4-737, and redesignated former subsections (13) and (14) as (12) and (13).
2017 Act No. 62, Section 4.C, repealed (A)(13), which had prohibited a tasting from being held in conjunction with a tasting in a retail alcoholic liquor store that was adjacent to and licensed in the same name of the retail permit authorizing the sale of beer.