View Amendment Current Amendment: JUD3554.001.docx to Bill 3554     The Committee on Judiciary proposed the following amendment (JUD3554.001):

    Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

    /     SECTION     1.     Section 61-4-1515 (A) and (B) of the 1976 Code are amended to read:

    "Section     61-4-1515.     (A)     Notwithstanding another provision of law, a A brewery licensed in this State is authorized to offer samples of beer brewed in this State to consumers on its licensed premises, with or without cost, to consumers under the for on-premises consumption, provided that the beer is brewed on the licensed premises with an alcohol content of fourteen percent by weight, or less, subject to the following conditions:
        (1)     sales to or tastings samplings by consumers must be held in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
        (2)     a sample sales or samplings shall not be offered or made to, or allowed to be consumed by offered or made to, an intoxicated person or a person who is under the age of twenty-one;
        (3)     a sample shall be no more than two ounces per brand of beer with over eight percent alcohol by weight and no more than four sixteen ounces of beer with under eight percent alcohol by weight brewed at the licensed premises; and
        (4)     no more than four brands of beer brewed at the licensed premises may be sampled by a consumer without cost for on-premises consumption in within a twenty-four hour period;
        (4)(a)     no more than forty-eight ounces of beer brewed at the licensed premises may be sold to a consumer for on-premises consumption within a twenty-four hour period; and
            (b)     of that forty-eight ounces, no more than sixteen ounces of beer with an alcoholic weight of above eight percent shall be sold to a consumer for on-premises consumption within a twenty-four hour period;
        (5)     the brewery must develop and use a system to monitor the amounts and types of beer sampled or sold to a consumer for on-premises consumption;
        (6)     the brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located;
        (7)     the brewery must remit appropriate taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for excise taxes assessed by the department. The brewery also must remit appropriate sales and use taxes and local hospitality taxes;
        (8)     the brewery must post signage at each entrance and in places in the brewery seen during a tour that states the high alcoholic content of the various types of beer available in the brewery and the penalties for convictions for driving under the influence;
        (9)     the brewery must maintain liability insurance policies in the amount of at least one million dollars per occurrence, ten million dollars in the aggregate, during the time it is licensed; and
        (10)     the brewery must offer the same training to its servers that businesses with on-premises consumption licenses are required to offer.
    (B)     A brewery located in this State is authorized to sell beer on its licensed premises for off-premises consumption, provided that the beer was brewed on the licensed premises with an alcohol content of fourteen percent by weight or less, subject to the following restrictions conditions:
        (1)     the maximum amount of beer that may be sold to an individual per day shall be equivalent to two hundred eighty-eight ounces in total;
        (2)     the beer only shall be sold in conjunction with a tour by the consumer of the licensed premises and the entire brewing process utilized at the licensed premises;
        (3)     the beer sold is for personal use only and cannot be resold;
        (4)     the beer cannot be sold to anyone holding a retail beer and wine license for the purpose of resale in their establishment;
        (5)     the brewery must sell the beer at the licensed premises at a price approximating retail prices generally charged for identical beverages in the county where the licensed premises are located; and
        (6)     the brewery must remit taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for taxes assessed by Section 12-21-1020 and Section 12-21-1030. The brewery also must remit appropriate sales and use taxes and local hospitality taxes."

SECTION     2.     This act takes effect upon approval by the Governor.         /

    Renumber sections to conform.
    Amend title to conform.