License: Instructional Tasting License

(a)An Instructional Tasting License can only be issued to businesses with off-sale retail licenses, and it is valid for use solely at the premises specified in the retail license. An Instructional Tasting License may be issued to any of the following businesses:

(1)Wineries, Wine Boutiques or Wine Shops

(2)Breweries

(b)Requirements for Businesses holding an Instructional Tasting License.

(1)License holders shall submit annually to the Alcoholic Beverage Control Board evidence that displays at least eighty percent (80%) of product sales are derived from off-premise sales. Other nonalcoholic consumables or products, including gourmet food, may also be sold at an entity holding an Instructional Tasting License.

(2)The license holder shall prominently display signage prohibiting persons under twenty-one

(21)years of age from consuming alcohol. CH. 3 ALCOHOLIC BEVERAGE CONTROL

(3)A license holder that serves alcohol to a person under the age of twenty-one

(21)is guilty of a misdemeanor. Any person under twenty-one

(21)years of age who consumes alcohol is guilty of a misdemeanor and shall be punished by a fine of the same or less as a license holder.

(4)The license holder is permitted to host Tasting(s) or Tasting Event(s).

(A)Tasting Requirements. License holders:

(i)may sell a maximum of three

(3)servings of three ounces

(3oz)wine or beer for tasting per customer per day;

(ii)shall conduct Tastings only during operating hours, but not within the hours of 12:00 a.m. to 11:00 a.m.;

(iii)shall not permit any consumer to leave the instructional tasting area with an open container of alcohol;

(iv)shall not serve alcohol to a person who is under twenty-one

(21)years of age or a person who is visibly intoxicated; and

(v)the size of the tasting area shall not be more than thirty percent (30%) of the leasable business space.

(B)Tasting Events Requirements.

(i)License holders shall not conduct Tasting Events for more than two

(2)consecutive days per week, nor more than a total of six

(6)days per month.

(ii)Tasting Events shall occur only outside regular operating hours, when the business is closed to walk-in patrons, but not within the hours of 12:00 a.m. to 11:00 a.m.

(iii)During a Tasting Event, the sale of any sealed alcohol may be transacted; however, the sealed alcohol may only be picked up or delivered at another date after the event.

(iv)The maximum capacity for any event is not to exceed forty

(40)attendees.

(v)An attendee is allowed a maximum of three

(3)glasses of six ounces

(6oz)wine or beer for the duration of the event.