Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.590
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                                       H.590
 Introduced by Representative Birong of Vergennes
 Referred to Committee on
 Date:
 Subject: Alcoholic beverages; general provisions; definitions
 Statement of purpose of bill as introduced: This bill proposes to define “low-
 alcohol spirits beverage” and include low-alcohol spirits beverages in the
 regulatory structure of “vinous beverages” under Title 7.
    An act relating to low-alcohol spirits beverages
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 7 V.S.A. § 2 is amended to read:
 § 2. DEFINITIONS
    As used in this title:
                                        ***
         (25) “Low-alcohol spirits beverage” means an alcoholic beverage
 containing more than one percent alcohol by volume and not more than
 16 percent alcohol by volume obtained by distillation, by chemical synthesis,
 or through concentration by freezing and mixed with nonalcoholic beverages,
 flavoring, or coloring materials. Low-alcohol spirits beverages may also
 contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, preservatives,
                                                                         VT LEG #359081 v.1
     BILL AS INTRODUCED                                                         H.590
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 and other ingredients. A low-alcohol spirits beverage shall be a spirit if the
 low-alcohol spirits beverage:
          (A) contains more than 16 percent alcohol by volume;
          (B) is not packaged in metal cans; or
          (C) is packaged in containers greater than 24 fluid ounces in volume.
        (26) “Malt beverages” means all fermented beverages of any name or
 description manufactured for sale from malt, wholly or in part, or from any
 substitute therefor, known as, among other things, beer, ale, or lager,
 containing not less than one percent nor more than 16 percent alcohol by
 volume at 60 degrees Fahrenheit.
        (26)(27) “Manufacturer’s or rectifier’s license” means a license granted
 by the Board of Liquor and Lottery that permits the holder to manufacture or
 rectify malt beverages, vinous beverages and fortified wines, or spirits and
 fortified wines.
        (27)(28) “Minor” means an individual who has not attained 21 years of
 age.
        (28)(29) “Outside consumption permit” means a permit granted by the
 Division of Liquor Control allowing the holder of a first-class, first- and third-
 class, or fourth-class license to allow for consumption of alcoholic beverages
 in a delineated outside area.
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     BILL AS INTRODUCED                                                        H.590
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       (29)(30) “Packager’s license” means a license granted by the Board of
 Liquor and Lottery permitting a person to bottle or otherwise package
 alcoholic beverages for sale and to distribute and sell alcoholic beverages at
 wholesale in this State.
       (30)(31) “Person,” as applied to licensees, means an individual who is a
 citizen, a lawful permanent resident of the United States, or a holder of an E-2
 Visa; a partnership composed of individuals, a majority of whom are citizens,
 lawful permanent residents of the United States, or holders of an E-2 Visa; a
 corporation organized under the laws of this State or another state in which a
 majority of the directors are citizens, lawful permanent residents of the United
 States, or holders of an E-2 Visa; or a limited liability company organized
 under the laws of this State or another state in which a majority of the members
 or managers are citizens, lawful permanent residents of the United States, or
 holders of an E-2 Visa.
       (31)(32) “Request-to-cater permit” means a permit granted by the
 Division of Liquor Control authorizing a licensed caterer or commercial
 caterer to cater individual events.
       (32)(33) “Retail dealer” means any person who sells or furnishes malt or
 vinous beverages to the public.
       (33)(34) “Retail delivery permit” means a permit granted by the
 Division of Liquor Control that permits a second-class licensee to deliver malt VT LEG #359081 v.1
     BILL AS INTRODUCED                                                        H.590
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 beverages and vinous beverages sold from the licensed premises for
 consumption off the premises to an individual who is 21 years of age or older
 at a physical address in Vermont.
       (34)(35) “Sampler flight” means a flight, ski, paddle, or any similar
 device by design or name intended to hold alcoholic beverage samples for the
 purpose of comparison.
       (35)(36) “Second-class license” means a license permitting the licensee
 to export and to sell malt beverages and vinous beverages to the public for
 consumption off the premises for which the license is granted.
       (36)(37) “Special event permit” means a permit granted by the Division
 of Liquor Control permitting a licensed manufacturer or rectifier to sell, by the
 glass or by the unopened bottle, alcoholic beverages manufactured or rectified
 by the license holder at an event open to the public that has been approved by
 the local control commissioners.
       (37)(38) “Special venue serving permit” means a permit granted by the
 Division of Liquor Control permitting an art gallery, bookstore, public library,
 or museum to conduct an event at which malt or vinous beverages, or both, are
 served by the glass to the public. As used in this section, “art gallery” means a
 fixed establishment whose primary purpose is to exhibit or offer for sale works
 of art; “bookstore” means a fixed establishment whose primary purpose is to VT LEG #359081 v.1
     BILL AS INTRODUCED                                                         H.590
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 offer books for sale; “public library” has the same meaning as in 22 V.S.A.
 § 101; and “museum” has the same meaning as in 27 V.S.A. § 1151.
       (38)(39) “Specialty beer” means a malt beverage that contains more
 than eight percent alcohol and not more than 16 percent alcohol by volume at
 60 degrees Fahrenheit.
       (39)(40) “Spirits” means beverages that contain more than one percent
 alcohol obtained by distillation, by chemical synthesis, or through
 concentration by freezing; vinous beverages containing more than 23 percent
 alcohol; and malt beverages containing more than 16 percent alcohol by
 volume at 60 degrees Fahrenheit. “Spirits” does not include low-alcohol
 spirits beverages.
       (40)(41) “Third-class license” means a license granted by the Board of
 Liquor and Lottery permitting the licensee to sell spirits and fortified wines for
 consumption only on the premises for which the license is granted.
       (41)(42) “Vinous beverages” means all fermented beverages of any
 name or description manufactured or obtained for sale from the natural sugar
 content of fruits or other agricultural product, containing sugar, the alcoholic
 content of which is not less than one percent nor more than 16 percent by
 volume at 60 degrees Fahrenheit. “Vinous beverages” include low-alcohol
 spirits beverages.
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     BILL AS INTRODUCED                                                            H.590
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       (42)(43) “Wholesale dealer’s license” means a license granted by the
 Board of Liquor and Lottery permitting the holder to sell or distribute malt and
 vinous beverages to first- and second-class licensees, to educational sampling
 event permit holders, and to agencies of the United States.
 Sec. 2. 7 V.S.A. § 271 is amended to read:
 § 271. MANUFACTURER’S OR RECTIFIER’S LICENSE
    (a)(1) The Board of Liquor and Lottery may grant a manufacturer’s or
 rectifier’s license upon application and payment of the fee provided in section
 204 of this title that permits the license holder to operate a facility that
 manufactures or rectifies:
          (A) malt beverages;
          (B) vinous beverages and fortified wines; or
          (C) spirits, low-alcohol spirits beverages, and fortified wines.
                                         ***
 Sec. 3. 10 V.S.A. § 1521 is amended to read:
 § 1521. DEFINITIONS
    For the purpose of As used in this chapter:
       (1) “Beverage” means beer or other malt beverages and mineral waters,
 mixed wine drink, soda water, and carbonated soft drinks in liquid form and
 intended for human consumption. As of January 1, 1990 “beverage” also shall
 mean “Beverage” also means liquor and low-alcohol spirits beverage.
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                                      ***
 Sec. 4. EFFECTIVE DATE
   This act shall take effect on July 1, 2022.
                                                    VT LEG #359081 v.1
Statutes affected: 
As Introduced: 7-271, 10-1521