Print Friendly HOUSE BILL NO. 691 – Wine sample tasting events
HOUSE BILL NO. 691
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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.
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,
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
]]]] 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
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
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
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
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 691