TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 3

LOCAL LIQUOR STORES AND DISTRIBUTING STATIONS

23-314.  sample tastings in retail stores. (1) As used in this section:

(a)  "Distilled spirits supplier" means any manufacturer, rectifier, importer, or broker of liquor products offered for sale by the division.

(b)  "Retail store" means any state liquor store and does not include any distributing station that is authorized by the state of Idaho.

(2)  A distilled spirits supplier or its representative may offer sample tastings on the premises of a retail store.

(3)  A distilled spirits supplier shall not charge for sample tastings.

(4)  Sample sizes for tasting events permitted pursuant to the provisions of this section shall not exceed one-quarter of one ounce (0.25 oz) of alcoholic liquor. A sample may be mixed with another alcoholic liquor or nonalcoholic beverage.

(5)  The maximum number of samples allowed shall not exceed three (3) samples per person in any twenty-four (24) hour period.

(6)  Samples may be served only by persons twenty-one (21) years of age or older.

(7)  In accordance with state law, alcoholic liquor shall be served only to persons who are twenty-one (21) years of age or older.

(8)  Samples shall be served in a specifically identified sample area or areas within the retail store. Such area or areas shall be of a size and design such that the person conducting the tasting can observe and control persons in the area to ensure that no persons under twenty-one (21) years of age or visibly intoxicated persons possess or consume alcohol. Customers must remain in the tasting area or areas until they have finished consuming the sample. The retail store shall keep on file at the premises a floor plan identifying the tasting area or areas.

(9)  The distilled spirits for sample tastings shall be purchased from the Idaho state liquor division, and all taxes for such distilled spirits shall be paid by the manufacturer of the distilled spirits.

(10) Any unused product must be removed from the premises by the supplier or its representative.

(11) The division must approve of the time, location, method, and items to be sampled at tastings. The distilled spirits supplier must notify the Idaho state police in advance of any tasting approved pursuant to the provisions of this section.

(12) The division may not advertise or otherwise promote to the public a tasting event permitted pursuant to the provisions of this section.

(13) It shall be the responsibility of the distilled spirits supplier to conduct a sample tasting in accordance with the provisions of this section. A retail store that hosts such a sample tasting shall not incur liability arising from a right of action directly resulting from consumption of liquor authorized by this section.

History:

[23-314, added 2020, ch. 293, sec. 2, p. 845.]