Print Friendly HOUSE BILL NO. 577 – Wine sample tasting events
HOUSE BILL NO. 577
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H0577......................................................by STATE AFFAIRS
WINE SAMPLE TASTING EVENTS - Adds to existing law to provide that wineries
and vintners may conduct or assist in wine sample tastings; to provide that
holders of retail wine licenses or wine by the drink licenses may conduct
wine sample tasting events; to provide that a wine by the drink license
shall not be required under certain circumstances; to set forth
requirements applicable to sample tasting events; to set forth additional
requirements for vintner sample tastings; and to provide that participation
in an authorized wine sample tasting event shall not constitute prohibited
conduct or unlawful aid to a retailer.
01/28 House intro - 1st rdg - to printing
01/29 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 577
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO WINE SAMPLE TASTING; AMENDING CHAPTER 13, TITLE 23, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 23-1325C, IDAHO CODE, TO PROVIDE THAT WINER-
4 IES AND VINTNERS MAY CONDUCT OR ASSIST IN WINE SAMPLE TASTINGS, TO PROVIDE
5 THAT HOLDERS OF RETAIL WINE LICENSES OR WINE BY THE DRINK LICENSES MAY
6 CONDUCT WINE SAMPLE TASTING EVENTS, TO PROVIDE THAT A WINE BY THE DRINK
7 LICENSE SHALL NOT BE REQUIRED UNDER CERTAIN CIRCUMSTANCES, TO SET FORTH
8 REQUIREMENTS APPLICABLE TO SAMPLE TASTING EVENTS, TO SET FORTH ADDITIONAL
9 REQUIREMENTS FOR VINTNER OR WINERY CONDUCTED SAMPLE TASTINGS, TO PROVIDE
10 FOR RETAILER CONDUCTED WINE SAMPLE TASTINGS AND TO PROVIDE THAT PARTICIPA-
11 TION IN AN AUTHORIZED WINE SAMPLE TASTING EVENT SHALL NOT CONSTITUTE PRO-
12 HIBITED CONDUCT OR UNLAWFUL AID TO A RETAILER.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Chapter 13, Title 23, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 23-1325C, Idaho Code, and to read as follows:
17 23-1325C. WINE SAMPLE TASTING REQUIREMENTS AND LIMITATIONS FOR EVENTS ON
18 RETAIL WINE LICENSE PREMISES. (1) Wineries and vintners may conduct or assist
19 a retail wine licensee at a wine sample tasting on premises not licensed for
20 the sale of wine by the individual glass or opened bottle for consumption on
21 the premises or on the premises of the holder of a wine by the drink license
22 for the purpose of promoting their wine products to the public. The holder of
23 a retail wine license or a wine by the drink license may also conduct wine
24 sample tasting events, with or without the assistance of a winery or vintner,
25 in accordance with this section.
26 (2) A retail wine licensee shall not be required to hold a wine by the
27 drink license for the purpose of conducting or permitting wine sample tasting
28 events on the premises in accordance with this section unless a charge or
29 other consideration is required of the customer by the retailer in exchange
30 for such wine sample.
31 (3) Sample tasting events permitted pursuant to this section shall be
32 conducted subject to all of the following requirements:
33 (a) Sample sizes. The size of each sample of wine shall not exceed one
34 and one-half (1 1/2) ounces.
35 (b) Identified tasting area. The retail wine licensee who conducts
36 tastings or who allows a winery or vintner to conduct tastings on the
37 retail wine premises shall identify a specific tasting area or areas. Such
38 area or areas shall be of a size and design such that the retail wine
39 licensee and the persons conducting the tasting can observe and control
40 persons in the area to ensure that no minors or visibly intoxicated per-
41 sons possess or consume alcohol. Customers must remain in the tasting area
42 or areas until they have finished consuming the sample. The retailer shall
43 keep on file at the premises a floor plan identifying the tasting area or
1 areas. If a retailer does not have an identified tasting area or areas,
2 the director may require prior approval of an area or areas before the
3 retailer conducts any more tastings or allows any more tastings to be con-
4 ducted by the vintner or winery on the premises.
5 (c) Number of in-store tastings. Although there is no limit on the number
6 of tastings a retailer may conduct without the assistance of a vintner or
7 winery, the retailer shall not permit a vintner or winery to conduct, or
8 assist in conducting, tastings on the premises of the same licensee more
9 than eight (8) times per calendar year.
10 (d) Vintner or winery conducted tastings. A vintner or winery may hold
11 tastings on consecutive days on one (1) retail premises, provided the
12 tastings shall not exceed two (2) consecutive days. Tastings shall be con-
13 ducted at least four (4) weeks apart. If a vintner or winery holds
14 tastings on two (2) consecutive days, they shall not hold another tasting
15 on those retail premises for at least four (4) weeks.
16 (e) Server requirements. Persons serving or pouring wine at wine tastings
17 on premises for which a wine by the drink license has not been issued must
18 be at least twenty-one (21) years of age.
19 (4) Vintner or winery conducted sample tastings. A vintner or winery may
20 conduct wine sample tastings on premises licensed for the sale of wine for
21 products produced or sold by the vintner or winery. The vintner or winery con-
22 ducting the wine sample tasting shall, in addition to compliance with other
23 requirements of this section, comply with all of the following requirements:
24 (a) Provide the product to be tasted, and remove any remaining product at
25 the end of the tasting.
26 (b) Provide or pay for a person to serve the wine. The server must be an
27 employee or agent of the vintner or winery and shall not be an employee or
28 agent of a distributor or retailer. The vintner or winery shall not com-
29 pensate any employee or agent of the retail licensee to participate in the
31 (c) The vintner or winery shall keep a record of each tasting it con-
32 ducts, including the date and location of each event and the products
34 (5) Retailer conducted wine sample tastings. Retail wine licensees and
35 wine by the drink licensees may conduct wine sample tastings on their licensed
36 premises and may:
37 (a) Accept assistance from a vintner, winery or distributor if:
38 (i) The only assistance provided is an employee to provide informa-
39 tion or education relating to the product being sampled;
40 (ii) The retailer pays for the wine; and
41 (iii) The retailer is responsible for any advertising.
42 (b) Conduct an unlimited number of wine sample tastings on the premises
43 if there is no vintner, winery or distributor providing assistance for the
44 event. The retailer may advertise such events.
45 (6) Notwithstanding any other provision of law, participation by a
46 vintner, winery or distributor in a wine sample tasting event, if expressly
47 authorized by this section, shall not constitute prohibited conduct or unlaw-
48 ful aid to a retailer.
STATEMENT OF PURPOSE
This legislation sets requirements and limitations for wine
tasting on retail and other premises not licensed for sale of
wine by the drink. It provides the limitation for sample size of
wine and requires a specific area that the tasting sponsor can
observe and ensure no minors or intoxicated persons are served.
The legislation verifies and clarifies that wine tasting events
are a very important aspect of the wine industry and have been an
industry practice for many years. The legislation aligns Idaho
with similar Oregon and Washington statutes.
There is no impact on the General Fund.
Name: Rep. Bill Deal
STATEMENT OF PURPOSE/FISCAL NOTE H 577