Tastings and retail sales on licensed premises; limitations.

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A holder of a valid micro-distillery or manufacturer license issued by the State may permit tastings and retail sales of the alcoholic liquors produced at the licensed premises subject to the following limitations and any other limitations provided in this subarticle:

(1) tastings by and sales to consumers must be held in conjunction with a tour by the consumer of the on-site licensed premises;

(2) the micro-distillery or manufacturer shall establish appropriate protocols to ensure that a consumer sold or served alcoholic liquors pursuant to this section is not under twenty-one years of age and that a consumer shall not attend more than one tasting in a day;

(3) the micro-distillery or manufacturer may not dispense more than three ounces to an individual consumer in one day;

(4) tastings and sales may occur only between the hours of nine a.m. and seven p.m., Monday through Saturday;

(5) the micro-distillery or manufacturer may charge for alcoholic liquors consumed at a tasting, but must collect and remit the liquor by the drink excise tax pursuant to the provisions of Chapter 33, Title 12;

(6) the micro-distillery or manufacturer may provide mixers, which must be nonalcoholic and carry zero percent of alcohol by weight, in conjunction with the tasting, but the micro-distillery or manufacturer may not charge for the mixers;

(7) tastings may not occur in conjunction with the service of food in a restaurant setting; and

(8) only brands of alcoholic liquors actually manufactured, distilled, or fermented at and distributed to wholesalers from the licensed premises may be sold or offered for tasting.

HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009; 2017 Act No. 62 (H.3137), Section 1, eff May 19, 2017.

Effect of Amendment

2017 Act No. 62, Section 1, amended the section, revising the ounce amount of alcoholic liquors dispensed at licensed premises and allowing mixers to be used in tastings.


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