2004 Legislation
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HOUSE BILL NO. 691 – Wine sample tasting events

HOUSE BILL NO. 691

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Bill Status



H0691......................................................by STATE AFFAIRS
WINE SAMPLE TASTING EVENTS - Adds to existing law to provide that wineries,
vintners and distributors 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.
                                                                        
02/13    House intro - 1st rdg - to printing
02/16    Rpt prt - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 68-1-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr.
      Speaker
      NAYS -- Wood
      Absent and excused -- Gagner
    Floor Sponsor - Deal
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to St Aff
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 26-9-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Maxand),
      Calabretta, Cameron, Compton, Gannon, Goedde, Kennedy, Keough,
      Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk
      NAYS -- Burtenshaw, Darrington, Davis, Geddes, Hill, Ingram, Pearce,
      Richardson, Williams
      Absent and excused -- None
    Floor Sponsor - Lodge
    Title apvd - to House
03/20    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 267
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 691
                                                                        
                                 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
  4        VINTNERS,  WINERIES  AND DISTRIBUTORS MAY CONDUCT OR ASSIST IN WINE SAMPLE
  5        TASTINGS, TO PROVIDE THAT HOLDERS OF RETAIL WINE LICENSES OR WINE  BY  THE
  6        DRINK  LICENSES  MAY CONDUCT WINE SAMPLE TASTING EVENTS, TO PROVIDE THAT A
  7        WINE BY THE DRINK LICENSE SHALL NOT  BE  REQUIRED  UNDER  CERTAIN  CIRCUM-
  8        STANCES, TO SET FORTH REQUIREMENTS APPLICABLE TO SAMPLE TASTING EVENTS, TO
  9        SET  FORTH ADDITIONAL REQUIREMENTS FOR VINTNER, WINERY OR DISTRIBUTOR CON-
 10        DUCTED SAMPLE TASTINGS, TO PROVIDE  FOR  RETAILER  CONDUCTED  WINE  SAMPLE
 11        TASTINGS  AND  TO  PROVIDE THAT PARTICIPATION IN AN AUTHORIZED WINE SAMPLE
 12        TASTING EVENT SHALL NOT CONSTITUTE PROHIBITED CONDUCT OR UNLAWFUL AID TO A
 13        RETAILER.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Chapter 13, Title 23, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 23-1325C, Idaho Code, and to read as follows:
                                                                        
 18        23-1325C.  WINE SAMPLE TASTING REQUIREMENTS AND LIMITATIONS FOR EVENTS  ON
 19    RETAIL WINE LICENSE PREMISES. (1) Vintners, wineries and distributors may con-
 20    duct or assist a retail wine licensee at a wine sample tasting on premises not
 21    licensed  for  the  sale  of wine by the individual glass or opened bottle for
 22    consumption on the premises or on the premises of the holder of a wine by  the
 23    drink  license for the purpose of promoting their wine products to the public.
 24    The holder of a retail wine license or a wine by the drink  license  may  also
 25    conduct  wine  sample  tasting  events,  with  or  without the assistance of a
 26    vintner, winery or distributor in accordance with this section.
 27        (2)  A retail wine licensee shall not be required to hold a  wine  by  the
 28    drink  license for the purpose of conducting or permitting wine sample tasting
 29    events on the premises in accordance with this  section  unless  a  charge  or
 30    other  consideration  is  required of the customer by the retailer in exchange
 31    for such wine sample.
 32        (3)  Sample tasting events permitted pursuant to  this  section  shall  be
 33    conducted subject to all of the following requirements:
 34        (a)  Sample  sizes.  The  size of each sample of wine shall not exceed one
 35        and one-half (1 1/2) ounces.
 36        (b)  Identified tasting  area.  The  retail  wine  licensee  who  conducts
 37        tastings  or  who  allows  a  vintner,  winery  or  distributor to conduct
 38        tastings on the retail wine premises shall  identify  a  specific  tasting
 39        area  or areas. Such area or areas shall be of a size and design such that
 40        the retail wine licensee  and  the  persons  conducting  the  tasting  can
 41        observe  and  control  persons  in  the  area  to ensure that no minors or
 42        visibly intoxicated persons possess or  consume  alcohol.  Customers  must
 43        remain in the tasting area or areas until they have finished consuming the
                                                                        
                                           2
                                                                        
  1        sample. The retailer shall keep on file at the premises a floor plan iden-
  2        tifying  the tasting area or areas. If a retailer does not have an identi-
  3        fied tasting area or areas, the director may require prior approval of  an
  4        area or areas before the retailer conducts any more tastings or allows any
  5        more tastings to be conducted by the vintner, winery or distributor on the
  6        premises.
  7        (c)  Number of in-store tastings. Although there is no limit on the number
  8        of  tastings  a  retailer may conduct without the assistance of a vintner,
  9        winery or distributor, the retailer shall not permit a vintner, winery  or
 10        distributor  to conduct, or assist in conducting, tastings on the premises
 11        of the same licensee more than eight (8) times per calendar year.
 12        (d)  Vintner, winery or distributor conducted tastings. A vintner,  winery
 13        or  distributor  may  hold  tastings on consecutive days on one (1) retail
 14        premises, provided the tastings shall not exceed two (2) consecutive days.
 15        Tastings shall be conducted at least four (4) weeks apart. If  a  vintner,
 16        winery  or  distributor  holds  tastings on two (2) consecutive days, they
 17        shall not hold another tasting on those retail premises for at least  four
 18        (4) weeks.
 19        (e)  Server requirements. Persons serving or pouring wine at wine tastings
 20        on premises for which a wine by the drink license has not been issued must
 21        be at least twenty-one (21) years of age.
 22        (4)  Vintner,  winery or distributor conducted sample tastings. A vintner,
 23    winery or distributor may conduct wine sample tastings  on  premises  licensed
 24    for  the  sale of wine for products produced or sold by the vintner, winery or
 25    distributor. The vintner, winery or distributor  conducting  the  wine  sample
 26    tasting  shall, in addition to compliance with other requirements of this sec-
 27    tion, comply with all of the following requirements:
 28        (a)  Provide the product to be tasted, and remove any remaining product at
 29        the end of the tasting.
 30        (b)  Provide or pay for a person to serve the wine. The server must be  an
 31        employee  or  agent of the vintner, winery or distributor and shall not be
 32        an employee or agent of a retailer. The  vintner,  winery  or  distributor
 33        shall  not compensate any employee or agent of the retail licensee to par-
 34        ticipate in the tasting.
 35        (c)  The vintner, winery or distributor shall keep a record of each  tast-
 36        ing  it  conducts,  including  the date and location of each event and the
 37        products served.
 38        (5)  Retailer conducted wine sample tastings. Retail  wine  licensees  and
 39    wine by the drink licensees may conduct wine sample tastings on their licensed
 40    premises and may:
 41        (a)  Accept assistance from a vintner, winery or distributor if:
 42             (i)   The only assistance provided is an employee to provide informa-
 43             tion or education relating to the product being sampled;
 44             (ii)  The retailer pays for the wine; and
 45             (iii) The retailer is responsible for any advertising.
 46        (b)  Conduct  an  unlimited number of wine sample tastings on the premises
 47        if there is no vintner, winery or distributor providing assistance for the
 48        event. The retailer may advertise such events.
 49        (6)  Notwithstanding any  other  provision  of  law,  participation  by  a
 50    vintner,  winery  or  distributor in a wine sample tasting event, if expressly
 51    authorized by this section, shall not constitute prohibited conduct or  unlaw-
 52    ful aid to a retailer.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14043

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.

                          FISCAL IMPACT

There is no impact on the General Fund.


Contact
Name: Rep. Bill Deal 
Phone: 208/332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                        H 691