1. The Liquor Control Board may establish a schedule of penalties for specifically enumerated violations, which may be imposed by the Department, allowing for the licensee to waive a hearing and accept the stated penalty(s). Licensees may decline to accept the stated penalty(s) and ask for a hearing before the Board.
2. It shall be unlawful for any common or contract carrier or any individual, partnership, corporation or association operating transportation facilities in this state, or who otherwise transports for hire, to receive or cause to be imported into this state any spirituous liquor unless such liquors are consigned for delivery to the Vermont Liquor Control Board, or malt or vinous beverages unless consigned for delivery to a wholesale dealer holding a wholesale dealer’s license issued by the Liquor Control Board. Provided, however, that it shall be lawful to accept individual consignments of vinous beverages for transportation into and delivery within the state to an individual only when such vinous beverages are sold and shipped pursuant to Title 7 VSA Section 66.
3. The possession or consumption of any alcoholic beverages on a licensed premise of a higher alcoholic content than that permitted by the license granted for said premises is prohibited.
4. A licensee shall not possess or allow the consumption of malt, vinous beverages or spirituous liquors other than those purchased on invoice from a bottler’s or wholesale dealer or on invoice from the Vermont Liquor Control Board, or on invoice from a holder of a Direct to Retail Shippers License.
5. Requests for catering must be made by first & third class licensees also holding a catering license at least five days prior to the date of the catered party. The five-day requirement may be shortened, but not less than one day prior to the occasion, at the discretion of the local control commissioners.
a. Pre-approval of certain locations may be granted annually at the time of renewal by the department. Events with more than 200 people shall notify the department by fax or e-mail at least 24 hours in advance of the event.
6. No person holding a first or second class license, wholesale dealer’s or bottler’s license, or certificate of approval for malt or vinous beverages, may possess, sell or furnish any malt or vinous beverages containing an alcoholic content of 17% or higher. Cooking wines, which contain an alcohol content of 17% or higher and 1.5% of sodium are not considered beverages and are therefore not governed under these regulations.
7. Licensees, permittees or employees of any licensed establishment and/or permitted locations shall allow at any time, a member of the Liquor Control Board, the Commissioner, Commissioner of Taxes, and/or any of their assistants or Investigators to examine the premises as well as all records, papers, stock or merchandise in reference to his or her license or permit, and shall keep such records for inspection as the Board or the Commissioner of Taxes may require. All licensees shall keep on their licensed premises for a period of two years a complete record covering the operation of their license, including all invoices covering the purchase of alcoholic beverages and/or tobacco, and all financial records including but not limited to daily receipts for the sale of alcohol and/or tobacco. Wholesale dealers must keep records of their sales. If a person has more than one licensed location, they may keep all of their records in one centralized business location in the State of Vermont and the Department shall be notified in writing, in advance, of the name, street address, and telephone number of such designated location. Training certificates and records however, which are on preprinted Department forms, shall be kept on the licensed location where the employee in question serves his or her employment.
a. No licensee or employee of a licensed establishment shall interfere with, nor permit a patron to interfere with, provide false written or verbal information to, or fail to cooperate with a Liquor Control Investigator or other Vermont Law Enforcement Officer in the performance of their duties.
b. A licensee, employee of a licensee, or anyone performing work or services for a licensee on a licensed premises, related to the liquor licenses or permits held, shall provide a liquor investigator or a law enforcement officer with such bona-fide identification as is acceptable under Vermont law.
8. No Licensed establishment and/or Department authorized location shall keep within or in connection with the premises any illegal implement, machine or device of any kind or nature by the use or operation of which there is an element of chance for the winning or losing of money or other things of value, nor permit said premises to be used for illegal gambling purposes.
9. Gambling on licensed premises: With the exception of Service Clubs, any licensee wishing to conduct game(s) of chance on licensed premises must first obtain a permit from the Vermont Department of Liquor Control using the prescribed form or format. Licensees applying for and/or receiving a permit shall be subject to financial disclosure to the Department for the purpose of verifying the disbursement of proceeds in accordance with applicable Vermont statutes and/or regulations.
10. No first or third class liquor license shall be issued to a person who is not first licensed with the Vermont Department of Taxes to collect the Vermont Rooms and Meals tax. Suspension of first or third class liquor licenses may result by action of the Liquor Control Board, after notice and hearing, upon certification to the Board by the Vermont Department of Taxes that the licensee has failed to collect the Vermont Rooms and Meals tax, has failed to pay over to the Vermont Department of Taxes the Vermont Rooms and Meals tax collected, or is not licensed with the Vermont Department of Taxes to collect the Vermont Rooms and Meals tax.
11. All licenses and permits shall be framed under a clear protective covering and be displayed in a conspicuous place on the premises described therein so that they may be read by the public.
12. No alcoholic beverages shall be sold or furnished by a licensee or his or her employees to a person who is less than twenty-one years of age, nor shall a licensee or his or her employees permit alcoholic beverages to be consumed upon the licensed premises by a person who is less than twenty-one years of age.
a. A student aged eighteen or older who is enrolled in a post-secondary education culinary arts program, accredited by a commission recognized by the U.S. Department of Education, shall be exempt from the provisions of this regulation while attending classes that require the possession or consumption of alcoholic beverages.
13. For persons of questionable age, all alcohol and tobacco licensees and their employees shall demand that such person exhibit a valid operator’s license, valid non-driver identification card, or enhanced drivers license, which has been issued by this state or another state or foreign jurisdiction, a valid United States military identification card or valid passport all of which bear the person’s photograph and signature, name, date of birth, and expiration date.
14. No person under eighteen years of age shall be permitted to be involved in the preparation, sale or service of alcoholic beverages or to entertain on a paid or voluntary basis within or in connection with the establishment of any licensee holding a first and/or first and third or fourth class license to sell alcoholic beverages; no person under the age of sixteen shall be allowed to sell tobacco on the premises of any licensee holding a first, first and third or fourth class license.
a. Hotels, restaurants, cabarets and clubs holding a first and/or first and third class license to sell alcoholic beverages may, with permission of the Liquor Control Board after written request to the Board, allow a person between sixteen and eighteen years of age to entertain on their licensed premises on a paid or voluntary basis, when accompanied by an adult who is a parent, close relative, or guardian. Such request must be made to the Board ten days prior to the date of the entertainment.
15. No person under sixteen years of age shall be permitted to sell alcoholic beverages or tobacco on a paid or voluntary basis within or in connection with the establishment of any licensee holding a second-class license.
16. No licensee, employee, or anyone involved in the sale or furnishing of alcoholic beverages, and/or the enforcement on the premises of the laws, rules and regulations of this State pertaining to the sale or furnishing of alcoholic beverages, shall consume or display the effects of alcohol or any illegal substance while in the performance of their duties.
17. No alcoholic beverages shall be sold or furnished to a person displaying signs of intoxication from alcoholic beverages or other drugs / substances. No alcoholic beverages may be consumed on the licensed premises by any person displaying such signs of intoxication. No person displaying such signs of intoxication shall be allowed to stay on the licensed premises, except under direct personal supervision by a licensee or his or her employees in a segregated nonpublic area when the patron’s immediate departure could be expected to pose a risk of bodily injury to the patron or any other person.
a. Licensees or his or her employees shall not serve alcoholic beverages to a person whom it would be reasonable to expect would be under the influence as a result of the amount of alcohol served to that person. Under the influence, in this section, shall mean that degree of intoxication that would render it unsafe or illegal for the patron to undertake normal and expected activities upon leaving the licensed premises.
18. Licensees shall store all alcoholic beverages on the licensed premises unless otherwise authorized in writing by the Liquor Control Board.
19. No holder of a first or second class license may accept free malt or vinous beverages, services, monetary payments or other things of value from a manufacturer, holder of a certificate of approval, bottler, wholesale dealer, or holder of a solicitor’s permit, nor purchase malt or vinous beverages below the uniform price charged by the bottler or wholesale dealer. The Liquor Control Board is empowered to define the terms “things of value” as contained herein.
20. If a license is issued to a partnership and the partnership is dissolved, the remaining partner may continue to operate under the same license until its expiration. If a new partnership is formed, a new license must be issued and the former license surrendered.
21. Any person or persons having a direct or vested financial interest in the business of the licensee must be disclosed on the license application. The licensee must notify the Department no less than 15 days before any intended changes in the ownership of and /or financial interest of any person or entity in the licensed entity can occur. Any such changes not approved by the Department, may place the license in jeopardy and/or may result in administrative penalties after a Board hearing.
a. Corporations and associations which hold liquor licenses shall have prior approval from the Liquor Control Board of any change of directors, officers, managers, or affiliates, and of any change in shares which causes the holdings of any new or existing shareholder, including the holdings of that shareholder’s immediate family, to equal ten percent or more of the corporation’s or association’s voting shares. Notices shall be given in writing to the Liquor Control Board not later than twenty days prior to any change. The Board will consider changes in the same way that new licenses are considered. If changes, other than changes caused by the death of a joint tenant, are concluded without obtaining prior Board approval, in writing, the license shall be subject to suspension or revocation.
22. Holders of a first class license shall purchase on invoice, malt and vinous beverages from holders of a bottler’s or Vermont wholesale dealer’s license issued by the Liquor Control Board, or from holders of a Direct to Retailers Vinous Shipping License issued by the Liquor Control Board, such purchase to be consumed only on the licensed premises.
23. Holders of a second class license shall purchase on invoice, malt and vinous beverages only from holders of a bottler’s or wholesale dealer’s license issued by the Liquor Control Board, or from holders of a Direct to Retailers Vinous Shipping License issued by the Liquor Control Board, for consumption off the licensed premises. A second class licensee that sells kegs must keep copies of their keg logs for 90 days.
24. Holders of a third class license shall purchase on invoice, spirituous liquors only from the Liquor Control Board. Said liquor must be consumed on the licensed premises.
25. Each applicant for a first or second-class license shall submit such application in duplicate on prescribed forms to the commissioners of the town or city where the licensee is to operate. Upon being satisfied that the conditions precedent to the granting of the first or second class licenses as provided in Vermont Statutes Annotated, Title 7, Section 222, have been fully met by the applicant, the commissioners will endorse their recommendation on the back of the applications and transmit both copies to the Board for suitable action thereon, before any license may be granted. When an application is forwarded to the Liquor Control Board, it shall indicate it has the approval of the majority of the full membership of the local control commissioners.
26. No first class application for a hotel, cabaret or restaurant may be issued until the applicant has on the premises a food license issued by the Vermont State Board of Health.
27. If the Local Control Commissioners suspend a first class or first and third class or second class license, the municipality shall immediately notify the Liquor Control Board, giving the reason as well as the effective date and length of time of the suspension.
28. Holders of second-class licenses shall not sell malt or vinous beverages at a price lower than the price in effect at the time of purchase from the wholesale dealer.
29. All licensees and permittees shall have present on the licensed premises at all times when open for business a responsible employee, agent or principal. Every licensee and employee involved in the sale or service of alcoholic beverages or the sale of tobacco products must be able to read, write, and speak the English language with sufficient facility to be able to understand and comply with Vermont’s Liquor and Tobacco Laws and Regulations.
30. Licensees moving from one location to another may move their entire stock of alcoholic beverages with prior approval from the Liquor Control Board.
31. If a licensee closes out or sells his or her business, they shall forthwith surrender their first, second, and/or third class licenses to the office of the Department of Liquor Control in Montpelier. They may sell all unopened alcoholic beverages they have in stock only to another licensee of the same class, and an invoice covering same shall accompany the sale and a copy shall be sent to the Liquor Control Board. All sales under this regulation shall be made within fifteen days after such surrender or closing.
32. All licensed premises must at all times be kept in a safe and sanitary condition and comply with State Board of Health regulations.
33. Licensees must comply with the Vermont Department of Labor, and the Vermont Department of Public Safety rules and regulations.
34. Doors of licensed establishments where alcoholic beverages are sold and consumed shall not be locked if any persons other than the licensee and the on duty employees are on the licensed premises.
a. Notwithstanding, licensed Clubs may choose to have their doors locked or unlocked.
35. Lighting in any licensed or permitted location shall be of such degree that the Investigator or the licensee and his or her employees shall be able to read the identification cards of the patrons and observe customers wherever alcohol is served.
36. It shall be the duty of all licensees to control the conduct of their patrons at all times. No disturbances, brawls, fighting or illegal activity shall be permitted or suffered upon any licensed premises; nor shall such premises be conducted in such a manner as to render said premises or the streets, sidewalks, parking lots or highways adjacent thereto a public nuisance.
a. The Board may find, that a licensee suffered a disturbance, brawl, fight or illegal activity upon its licensed premises or upon the streets, sidewalks, parking lots or highways adjacent thereto if any individual engaged in such conduct had been allowed to stay on the licensed premises while displaying signs of intoxication from alcohol, drugs or other substances, and/or if it would be reasonable to expect that such person would be intoxicated as a result of the amount of alcohol served to that person. Under such facts, the Board may conclude that any such person’s conduct should have been anticipated.
37. Except as otherwise authorized by law or Liquor Control Board regulation, no malt beverages may be drawn or served otherwise than in glasses, mugs, pitchers, or other containers, of a maximum capacity of thirty two ounces, nor more than four fluid ounces of spirituous liquor may be available to a customer at one time or used in the making of a single mixed drink, and not more than two of the above containers may be served to a customer at one time.
38. Licensees of the first class dispensing draft beer or ale shall display beer tap signs, clearly visible to the patrons, disclosing the brands of beer or ale, which are being dispensed. Such signs shall be displayed on the tap of the dispensing apparatus.
39. In the event the Board shall suspend or revoke any license, a copy of the notice of such suspension or revocation shall be furnished to the Local Control Commissioners.
a. Alcohol licensees under suspension shall not sell, serve, allow the consumption of, make orders for, or receive deliveries of alcoholic beverages upon the premises.
b. Tobacco licensees under suspension shall not sell, serve, allow the consumption of, make orders for, or receive deliveries of tobacco products upon the premises
40. No licensee shall serve to any customer any brand of malt beverages, vinous beverages or spirituous liquor other than that actually ordered.
41. No container may be used under beer taps to catch drippings. A drain shall be provided to care for the waste.
42. There is to be no consumption of alcoholic beverages in any open area, on or in connection with licensed premises, without first obtaining an outside consumption permit from the local control commissioners and approval by the Liquor Control Board. Such area is to be controlled and defined by a physical barrier. For catered areas at an event that is attended by 200 people or more, a double barrier shall be placed no less than six feet inside of the outer boundary of the defined area to prevent attendees from handing alcoholic beverages to persons outside of the licensed area.
43. Except as otherwise authorized by law or Liquor Control Board regulation, licensees shall not reuse, refill or tamper with any bottle of alcoholic beverages nor shall such licensee adulterate, dilute, fortify, or cause any substitution of any nature to be made in or to the contents of any bottle of alcoholic beverages.
44. The holder of a first class license or first and third class license must be able to show that they are at all times operating the food and liquor business connected with the licensed premises; the licensee shall not lease, sub-lease or let out the food or liquor business on a percentage basis or any other agreement, except as provided in Vermont Statutes Annotated, T. 7, section 222 (4). With the prior approval of the Board, a club may let out its food business on a percentage or concession basis, provided the club retains general supervision and control of the conduct of such food business.
45. All employees of a licensed establishment must be hired by the licensee and paid on a fixed salary or hourly basis. All employees must have the required withholdings deducted from their wages and the required reporting of such withholdings must be made to the Vermont Department of Labor. A first, second and/or third class licensed establishment shall not contract out any work, labor or services directly or indirectly related to the preparation, sale or service of alcoholic beverages, or enforcement of liquor laws and regulations. All such duties shall be performed by persons who are employees in fact and by law.
46. The holder of a second-class license shall not lease, sub-lease, or let out his or her business on a percentage basis or any other type of agreement.
47. Licensees of the second class shall not sell or furnish malt or vinous beverages for consumption on the licensed premises nor allow any person to consume alcoholic beverages on the licensed premises. No malt or vinous beverages shall be sold by a second class licensee in other than the original container unless otherwise authorized in writing by the Liquor Control Board. For purposes of this regulation, a container shall be construed to mean a bottle, can, keg or other receptacle containing malt or vinous beverage, and shall not be construed to mean six pack rings, cardboard boxes, or other packaging material holding such containers. Also, it must be refilled into a sealed sanitary container limited to 64 ounces for sale. The Liquor Control Board will provide written guidelines for the implementation of this regulation as follows:
- Retailers will notify the DLC of their intent to participate in the growler program.
- Manufacturers may elect to participate in the retailer growler program by written authorization to their wholesale dealer with a copy sent to DLC.
- Products will be filled to go for immediate sale and no pre-filling.
- Clean growlers will be provided by the retailer for each sale.
- Labels will contain the name of the retailer, product, alcohol by volume, name of manufacturer, and best if consumed in 72 hours.
- Growlers will be filled from a direct sealed draught system.
48. No licensee or his or her agent or employee shall carry a stock of alcoholic beverages in a vehicle for the purpose of soliciting orders to be filled directly from such stock. The intent and purpose of the foregoing is that no licensee shall engage in the business of peddling alcoholic beverages from vehicles. No first, second, third or fourth-class licensee, employee, agent of a licensee or agent for the Vermont Department of Liquor Control shall make deliveries of alcoholic beverages.
49. First class or first and third class licensees shall not offer alcohol beverages at reduced prices for any period of time during daily legal hours. This shall not be construed to regulate prices charged for group events to its attendees only, such as banquets, nor to prohibit cover charges or price adjustments during times when live entertainment is presented on the licensed premises, nor to preclude lower alcohol beverage prices for a full day.
a. Licensees or their employees shall not offer or permit games, contests, or promotions, which encourage the consumption of alcohol beverages nor shall they furnish alcoholic beverages to anyone for no charge.
50. Each applicant for a license or permit other than a first or second-class license shall file with the board an application signed by the applicant on prescribed forms.
a. Misrepresentation of a material fact on any Department of Liquor Control forms or in other written communication with the Department shall be grounds for non-issuance, suspension or revocation of the liquor license, after notice and hearing.
51. The holder of a cabaret license must be prepared and able to demonstrate with suitable records that the gross receipts from the cabaret’s sale of food, is less in amount or volume than the cabaret’s sales of alcoholic beverages and the gross receipts from entertainment and dancing. Such receipts shall be based on notations made contemporaneously with such sales and receipts.
52. Each first and third class licensee shall post in a prominent place where alcohol is served, a sign with the words, “Do You Have a Designated Driver?”.