2012 -- S 2345

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LC01187

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO ALCOHOLIC BEVERAGES - SAMPLE TASTINGS

     Introduced By: Senators Jabour, Tassoni, Lombardo, and Bates

     Date Introduced: February 07, 2012

     Referred To: Senate Special Legislation and Veterans Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-4.1 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-4.1. Holders of retail Class A licenses permitted to conduct wine and beer

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samplings inside licensed premises Holders of retail Class A licenses permitted to conduct

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wine, beer, malt beverage, liquor, cordial and alcoholic beverage samplings inside licensed

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premises. -- Any holder of a Class A retail license shall be permitted to conduct at no charge to

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the consumer, inside the premises of the licensee, sample tastings of wine (under 13% alcohol by

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volume) and beer (under 5.5% alcohol by volume) available for purchase from the licensee's

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outlet. These samples shall not exceed one ounce servings of each wine, the number of wines

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being limited to no more than four (4) products at any one tasting and one ounce serving of each

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beer with the number of beer samplings being limited to two (2) products at any one tasting.

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Furthermore, wine and beer samplings may not be conducted simultaneously on the same Class A

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licensed premise. Each consumer shall be limited to no more than one sample tasting of each

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product.

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      It shall be required that the licensee provide, at no charge to the consumer, food

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samplings to be included with the tasting of all wine and beer. Those food samplings not

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consumed during the tasting shall not thereafter be offered for sale.

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      The licensee shall control, without wholesaler or supplier participation, the dispensing of

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all samples to prospective customers. The licensee may not hold more than ten (10) tasting events

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in any thirty (30) day period. It shall be required that the licensee provide to the dispenser(s) of

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said wine and beer samples, training in the service of alcoholic beverages by a recognized

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training provider of alcoholic beverage service.

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      Sampling events may not be promoted except on the licensed premises. It shall be

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unlawful for any wholesaler, manufacturer, supplier or any other person or entity to participate or

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provide anything or any service of value on account of or in conjunction with any such sampling.

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It shall be unlawful for any tasting or combination of tastings to exceed more than four (4) hours

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from start to finish and must be conducted during the normal hours of business.

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     (a) Any holder of a Class A retail license may provide, without charge, on-premises

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sample tastings of wine, beer or malt beverages for prospective customers available for sale on

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such premises; provided, however, that no single serving of wine shall exceed one ounce (1oz.)

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and no single serving of beer and/or malt beverages shall exceed one ounce (1oz.). A licensee

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who holds a license according to the provisions of this section may also conduct on premises

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sample wine, beer or malt beverage tastings in restaurants and function rooms licensed under the

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provisions of section 3-7-7; provided, however, that the holder of a license pursuant to this

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section, shall not deliver orders for off-premises consumption at the event or function; provided,

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further, that the holder of a license issued pursuant to the provisions of section 3-7-7 shall control

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the dispensing of wine or malt beverage samples on the premises; and provided, further, that food

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shall be served in conjunction with such wine or malt beverage tasting conducted on the premises

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of the holder of a license issued pursuant to said section 3-7-7.

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     (b) A licensee who holds a Class A retail license for the sale of all alcoholic beverages

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may provide, without charge, on-premises sample liqueurs and cordials tastings for prospective

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customers if such beverages shall be available for sale on the premises; provided, however, that

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no single serving of liqueurs and cordials shall exceed one fourth (¼) of an ounce. A licensee

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who holds a Class A retail license for the sale of all alcoholic beverages may also conduct on-

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premises sample liqueurs and cordials tastings in restaurants and function rooms licensed under

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section 3-7-7 who hold a license for the sale of all alcoholic beverages or a license for the sale of

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wines and malt beverages and which also holds a license to sell liqueurs and cordials; provided,

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however, that the holder of said license shall not deliver orders for off-premises consumption at

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the event or function; provided, further, that the holder of said license shall control the dispensing

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of liqueurs and cordials samples on his/her premises; and provided further, that food shall be

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served in conjunction with a liqueurs and cordials tasting conducted on the premises of the holder

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of a license issued pursuant to section 3-7-7.

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      (c) A licensee who holds a Class A retail license for the sale of all alcoholic beverages

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may provide, without charge, on-premises sample alcoholic beverages tastings for prospective

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customers if such beverages shall be available for sale on such premises; provided, however, that

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no single serving of alcoholic beverages, other than wines and malt beverages shall exceed one

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fourth (¼) of an ounce. A licensee who holds a license for the sale of all alcoholic beverages

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according to this section may also conduct on-premises sample tasting of alcoholic beverages,

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other than wines and malt beverages, in restaurants and function rooms licensed under section 3-

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7-7 who hold a license for the sale of all alcoholic beverages; provided, however, that the holder

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of a license pursuant to this section shall not deliver orders for off-premises consumption at the

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event or function; provided further, that the holder of a license issued pursuant to section 3-7-7

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shall control the dispensing of samples of alcoholic beverages, other than wines and malt

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beverages, on his/her premises; and provided, further, that food shall be served in conjunction

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with alcoholic beverages tasting, other than wines and malt beverages tasting, other than wine and

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malt beverages, conducted on the premises of the holder of a license issued pursuant to section 3-

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7-7.

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     (d) Wholesalers and manufacturers licensed under chapter 3-6 may provide free wine

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lawfully sold by such licensees to retail Class A licensees to conduct bona fide wine tastings,

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solely to be dispensed at such tastings. Not more than nine (9) liters of wine of a wholesaler or

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supplier may be furnished to or accepted by a retail Class A licensee authorized pursuant to this

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section to conduct such tastings during any consecutive thirty (30) days. Transportation and

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delivery of such products by the wholesaler or supplier license under chapter 3-6 shall be

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accompanied by an invoice which states the amount of free malt beverages being delivered to the

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retail Class A licensee and the date of the tasting. All such free malt beverages delivered, but not

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used during the tasting, shall be removed from the premises of the licensee and returned to the

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wholesaler or manufacturers who delivered it and shall be accompanied by an invoice which

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states the amount of free malt beverages delivered but not used by the licensee during the tasting.

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Persons handling, serving or dispensing any such beverages shall be under the authority and

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supervision of the retail Class A licensee conducting the tasting for all liability purposes. All

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persons handling, serving or dispensing any such beverages shall be trained and certified through

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a registered alcohol server program.

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     A manufacturer under section 3-6-1 may provide to a wholesale licensee under chapter 3-

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6 free wine lawfully sold by said wholesale licensee for the wholesale licensee to furnish to any

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retail Class A licensee solely for use at a tasting if the wholesaler and manufacturer agree. For the

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purposes of this paragraph, the word “manufacturer” shall mean a licensee or a holder of a license

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under section 3-6-1.

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     (e) Wholesalers and manufacturers licensed under chapter 3-6 may provide free malt

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beverages lawfully sold by such licensees to retail Class A licensees to conduct bona fide wine

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tastings, solely to be dispensed at such tastings. Not more than eighteen (18) liters of malt

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beverages of a wholesaler or manufacturer may be furnished to or accepted by a retain Class A

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licensee authorized pursuant to this section to conduct such tastings during any consecutive thirty

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(30) days. Transportation and delivery of such products by the wholesaler or manufacturer

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licensee shall be accompanied by an invoice which states the amount of free malt beverages being

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delivered to the retail Class A licensee and the date of the tasting. All such free malt beverages

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delivered, but not used during the tasting, shall be removed from the premises of the licensee and

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returned to the wholesaler or manufacturer who delivered it and shall be accompanied by an

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invoice which states the amount of free malt beverages delivered, but not used by the licensee

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during the tasting. Persons handling, serving or dispensing any such beverages shall be under the

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authority and supervision of the retail Class A licensee conducting the tasting for all liability

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purposes. All persons handling, serving or dispensing any such beverages shall be trained and

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certified through a registered alcohol server program.

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     A manufacturer may provide to a wholesale licensee under chapter 3-6 free malt

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beverages lawfully sold by said wholesale licensee for the wholesale licensee to furnish to any

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retail Class A licensee solely for use at a tasting if the wholesaler and manufacturer agree. For the

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purposes of this paragraph, the word “manufacturer” shall mean a licensee under chapter 3-6.

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     (f) Wholesalers and manufacturers licensed under chapter 3-6 may provide free liqueurs

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and cordials lawfully sold by such licensees to retail Class A licensees to conduct bona fide

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liqueur and cordial tastings, solely to be dispensed at such tastings. Not more than one liter of

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liqueurs or cordials of a wholesaler or supplier may be furnished to or accepted by a retail Class

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A licensee authorized pursuant to this section to conduct such tastings during any consecutive

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thirty (30) days. Transportation and delivery of such products by the wholesaler or manufacturer

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licensee shall be accompanied by an invoice which states the amount of free liqueurs and cordials

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being delivered to the retail Class A licensee and the date of the tasting. All such free liqueurs and

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cordials delivered, but not used during the tasting, shall be removed from the premises of the

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licensee and returned to the wholesaler or manufacturer who delivered it and shall be

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accompanied by an invoice which states the amount of free liqueurs and cordials delivered but

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not used by the licensee during the tasting. Persons handling, serving or dispensing any such

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beverages shall be under the authority and supervision of the retail Class A licensee conducting

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the tasting for all liability purposes. All persons handling, serving or dispensing any such

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beverages shall be trained and certified through a registered alcohol server program.

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     A supplier may provide to a wholesale licensee free liqueurs and cordials lawfully sold

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by said wholesale licensee for the wholesale licensee to furnish to any retail Class A licensee

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solely for use at a tasting if the wholesaler and manufacturer agree. For the purposes of this

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paragraph, the word “manufacturer” shall mean a licensee under said chapter 3-6.

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     (g) Wholesalers and manufacturers licensed under chapter 3-6 may provide alcoholic

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beverages lawfully sold by such licensees to retail Class A licensees to conduct bona fide

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alcoholic beverage tastings, solely to be dispensed at such tastings. Not more than one liter of

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alcoholic beverages of a wholesaler or manufacturer may be furnished to or accepted by a retail

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Class A licensee authorized pursuant to this section to conduct such tastings during any

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consecutive thirty (30) days. Transportation and delivery of such products by the wholesaler or

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manufacturer licensee shall be accompanied by an invoice which states the amount of free

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alcoholic beverages being delivered to the retail Class A licensee and the date of the tasting. All

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such free alcoholic beverages delivered, but not used during the tasting, shall be removed from

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the premises of the licensee and returned to the wholesaler or manufacturer who delivered it and

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shall be accompanied by an invoice which states the amount of free alcoholic beverages delivered

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but not used by the licensee during the tasting. Persons handling, serving or dispensing any such

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beverages shall be under the authority and supervision of the retail Class A licensee conducting

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the tasting for all liability purposes. All persons handling, serving or dispensing any such

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beverages shall be trained and certified through a registered alcohol server program.

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     A manufacturer may provide to a wholesale licensee free alcoholic beverages lawfully

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sold by said wholesale licensee, for the wholesale licensee to furnish to any retail Class A

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licensee solely for use at a tasting if the wholesaler and manufacturer agree. For the purposes of

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this paragraph, the word “manufacturer” shall mean a licensee or a holder of a certificate of

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compliance under said chapter 3-6.

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     SECTION 2. This act shall take effect upon passage.

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LC01187

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO ALCOHOLIC BEVERAGES - SAMPLE TASTINGS

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     This act would expand the alcoholic beverages that may be used for sample tastings to

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include liquors, cordials and alcohol.

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     This act would take effect upon passage.

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LC01187

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