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House Bill 937 |
House Author: Homer |
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Effective: 9-1-05 |
Senate Sponsor: Madla |
House Bill 937 amends the Alcoholic Beverage Code to allow the holder of a wine only package store permit, a wine and beer retailer's off-premise permit, or a manufacturer's agent's permit, or the holder of a nonresident seller's permit who owns a winery outside the state, to conduct a wine sampling. The bill authorizes an agent or employee of the permit holder to open, touch, or pour wine, make a presentation, or answer questions at such a sampling and requires that any wine sampled be purchased from or provided by the retailer on whose premises the sampling is held and in a quantity not to exceed the amount used for the sampling. The bill clarifies that this provision does not allow the holder of a wine and beer retailer's off-premise permit, a nonresident seller's permit, or a manufacturer's agent's permit to withdraw or purchase wine from the holder of a wholesaler's permit. The bill also clarifies that, for purposes of the Alcoholic Beverage Code and other law, the permits do not authorize the sale of alcoholic beverages for on-premise consumption and that none of a permit holder's income can be considered as income from the sale of alcoholic beverages for such consumption. The bill requires that samplings held on the premises of wine only package store or wine and beer retailer's off-premise permittees be conducted during regular business hours. Holders of wine only package store permits who hold samplings in areas that allow the sale of wine but not of higher alcohol content wines are authorized to offer for sampling only those wines that may legally be sold under the permit.