Reference is to Printer's Date 3/22/17-S.
Amend the bill, as and if amended, Section 61-4-1515(A), as contained in SECTION 1, by deleting Section 61-4-1515(A) and inserting:
/ (A) A brewery
licensed permitted in this State is
authorized to offer samples of sell beer to
consumers on its licensed permitted
premises, provided that the beer is brewed on the
licensed permitted premises with an
alcoholic content of twelve percent by weight, or less, subject
to the following conditions:
(1)
sales to or samplings by consumers must
be held in conjunction with a tour by the consumer of the
licensed permitted premises and the
entire brewing process utilized at the licensed
permitted premises;
(2)
sales or samplings shall not be offered
or made to, or allowed to be offered, made to, or consumed by an
intoxicated person or a person who is under the age of
twenty-one;
(3)(a)
no more than a total of forty-eight ounces of beer brewed
at the licensed permitted premises,
including amounts of samples offered and consumed with
or without cost, shall be sold to a consumer for
on-premises consumption within a twenty-four hour period;
and
(b)
of that forty-eight ounces of beer available to be sold to
a consumer within a twenty-four hour period, no more than
sixteen ounces of beer with an alcoholic weight of above eight
percent, including any samples offered and consumed with or
without cost, shall be sold to a consumer for on-premises
consumption within a twenty-four hour period;
(4)
a 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;
(5)
a brewery must sell the beer at the
licensed permitted premises at a price
approximating retail prices generally charged for identical
beverages in the county where the licensed
permitted premises are located;
(6)
a 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. A brewery
also must remit appropriate sales and use taxes and local
hospitality taxes;
(7)
a brewery must post information that states the alcoholic
content by weight of the various types of beer available in the
brewery and the penalties for convictions for:
(a)
driving under the influence;
(b)
unlawful transport of an alcoholic container; and
(c)
unlawful transfer of alcohol to minors.
And, the information shall be in signage that must be posted at
each entrance, each exit, and in places in a brewery seen during
a tour;
(8)
a brewery must provide department or DAODAS
approved alcohol enforcement training for the employees who
serve beer on the licensed permitted
premises to consumers for on-premises consumption, so as to
prevent and prohibit unlawful sales, transfer, transport, or
consumption of beer by persons who are under the age of
twenty-one or who are intoxicated; and
(9)
a brewery must maintain a liquor liability insurance
policy or a general liability insurance policy with a
liquor liability endorsement in the amount of at least one
million dollars for the biennial period for which it is
licensed permitted. Within ten days of
receiving its biennial license permit, a
brewery must send proof of this insurance to the State Law
Enforcement Division and to the Department of Revenue, where the
proof of insurance information shall be retained with the
department's alcohol beverage licensing section.
/
Amend the bill further, as and if amended, Section 61-4-1515(B)(1), as contained in SECTION 1, by deleting Section 61-4-1515(B)(1), and inserting:
/ (1) In addition
to the sampling and sales provisions set forth
in subsection (A), a brewery licensed
permitted in this State is authorized to sell beer
produced on its licensed permitted
premises to consumers on site for on-premises consumption within
an area of its permitted and licensed premises approved
by the rules and regulations of the Department of Health and
Environmental Control governing eating and drinking
establishments and other food service establishments. These
establishments also may apply for a retail on-premises
consumption permit for the sale of beer and wine of a
producer not produced on the licensed premises
that has been purchased from a wholesaler through the three-tier
distribution chain set forth in Section 61-4-735 and Section
61-4-940. /
Renumber sections to conform.
Amend title to conform.