Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 61-6-1140 of the 1976 Code, as added by Act 11 of 2009, is amended to read:
"Section 61-6-1140.
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 shall dispense alcoholic
liquors for tasting in quantities not greater than one-half
ounce per sample;
(4)
the micro-distillery or manufacturer may not dispense more
than one and one-half three ounces to an
individual consumer in one day;
(5)(4)
tastings and sales may occur only between the hours
of nine a.m. and seven p.m., Monday through Saturday;
(6)(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."
SECTION 2. Section 61-6-1150 of the 1976 Code, as added by Act 11 of 2009, is amended to read:
"Section 61-6-1150.
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 only in quantities of
750-milliliter bottles 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;
and
(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."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.