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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 - 2004IN 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 2 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 30 tasting. 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 33 served. 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 RS 13803 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 577