Amend the Committee Report, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Section 61-4-1515 of the 1976 Code is amended to read:
"Section 61-4-1515. (A) Notwithstanding another provision of law, a A brewery licensed in this State is authorized to offer, with or without cost, samples of beer brewed in this State on its licensed premises, containing an alcoholic content of fourteen percent by weight, or less with or without cost, to consumers under the following conditions:
(1) tastings or samplings by consumers must be held in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
(2) a sample shall not be offered or made to, or allowed to be consumed by offered or made to, an intoxicated person or a person who is under the age of twenty-one;
(3) a sample shall be no more than two ounces per brand of beer with over eight percent alcohol by weight and no more than four ounces of beer with under eight percent alcohol by weight brewed at the licensed premises; and
(4) no more than four brands of beer brewed at the licensed premises may be sampled by a consumer in a twenty-four hour period.
(B) In addition to the provisions of subsection (A), a brewery licensed in this State may sell beer to consumers for on-premises consumption under the following conditions:
(1) sales to consumers for on-premises consumption must be held in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
(2) no sales of beer shall be offered or made to, or allowed to be offered or made to, an intoxicated person or a person who is under the age of twenty-one;
(3) only beer brewed on the licensed premises containing alcoholic content of fourteen percent by weight, or less, may be offered for sale for on-premises consumption by a consumer;
(4) sales for on-premises consumption are limited to no more than three pints of beer, and of those three pints, not more than one pint of beer shall contain an alcoholic content of more than eight percent;
(5) a brewery must develop and use a system to monitor the amounts and types of beer sold to a consumer for on-premises consumption;
(6) a brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located;
(7) a brewery must remit appropriate taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for excise taxes assessed by the department. The brewery also must remit appropriate sales and use taxes and local hospitality taxes; and
(8) a brewery that sells beer for on-premises consumption must provide training for the employees who serve beer for on-premises consumption, so as to prohibit sales or consumption of beer to persons who are under the age of twenty-one or who are intoxicated.
(B)(C) A brewery located in this State is authorized to sell beer on its licensed premises provided that the beer was brewed on the licensed premises with an alcohol content of fourteen percent by weight or less, subject to the following restrictions:
(1) the maximum amount of beer that may be sold to an individual per day for off-premises consumption shall be equivalent to two hundred eighty-eight ounces in total;
(2) the beer only shall be sold in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
(3) the beer sold is for personal use only and cannot be resold;
(4) the beer cannot be sold to anyone holding a retail beer and wine license for the purpose of resale in their establishment;
(5) the brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located; and
(6) the brewery must remit taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for taxes assessed by Section 12-21-1020 and Section 12-21-1030. The brewery also must remit appropriate sales and use taxes and local hospitality taxes.
(C)(D) 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."
SECTION 2. This act shall take effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.