2004 Legislation
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HOUSE BILL NO. 577 – Wine sample tasting events

HOUSE BILL NO. 577

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
                                                                        
                                           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 / Fiscal Impact



                       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