Tastings and retail sales; additional limitations and requirements.

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Authorization by this section of sales and tastings at licensed premises of a micro-distillery or manufacturer is expressly intended for the promotion of education regarding production of alcoholic liquors in the State and not to create competition between producers and retailers. A holder of a valid micro-distillery or manufacturer license issued by the State may:

(1) sell in any quantities the alcoholic liquors produced at the licensed premises to a wholesaler licensed by the State;

(2) transport in any quantities the alcoholic liquors produced at the licensed premises out of state for sale outside of the State;

(3) sell at retail at the licensed premises the alcoholic liquors produced at the licensed premises, but only if the labels for the bottles are marked "not for resale";

(4) sell at retail no more than the equivalent of three 750-milliliter bottles of alcoholic liquors to a consumer in one business day;

(5) not allow consumption on the licensed premises of alcoholic liquors sold by the bottle at the licensed premises;

(6) maintain pricing of the alcoholic liquors sold at the licensed premises at a price approximating retail prices generally charged for identical alcoholic liquors in the county where the on-site premises is located;

(7) in addition to the sale of alcoholic liquors as authorized by this section, sell items promoting the brand or brands of alcoholic liquors produced at that location in a room on the licensed premises separate from the locations of the tastings;

(8) not sell or store goods, wares, or merchandise in or from the room in which alcoholic liquors are sold or tasted;

(9) store mixers used, but not sold, in conjunction with tastings; and

(10) not allow minors into the portion of the facility where tastings are occurring.

HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009; 2017 Act No. 62 (H.3137), Section 2, eff May 19, 2017.

Effect of Amendment

2017 Act No. 62, Section 2, in (3), deleted "only in quantities of 750 milliliter bottles" following "sell at retail at the licensed premises"; in (4), inserted "the equivalent of"; added (9), relating to mixers; added (10), relating to not allowing minors where tastings occur; and made nonsubstantive changes.


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