reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 282. Rulemaking

§ 282. Rulemaking
The Board of Liquor and Lottery and the Commissioner of Taxes may adopt rules and forms necessary to implement sections 277-281 of this subchapter. (Added 2017, No. 83, § 67; amended 2018, No. 1 (Sp. Sess.), § 67.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 283. Vinous beverage storage and shipping license

§ 283. Vinous beverage storage and shipping license
(a) The Board of Liquor and Lottery may, pursuant to rules adopted by the Board, grant a vinous beverage storage and shipping license to a person that submits an application and pays the fee provided in section 204 of this title.
(b)(1) A vinous beverage storage and shipping licensee may operate a climate-controlled storage facility in which vinous beverages owned by another person are stored for a fee and may transport vinous beverages on which all applicable taxes already have been paid.
(2) A vinous beverage storage facility may also accept shipments from any licensed in-state or out-of-state vinous beverage manufacturer that has an in-state or out-of-state consumer shipping license pursuant to section 277 of this title.
(3) Vinous beverages stored by the licensee may be transported only for shipment to the owner of the beverages or to another licensed vinous beverage storage facility, and the beverages shall be shipped only by common carrier in compliance with section 280 of this title.
(c) A person granted a license pursuant to this section may not sell or resell any vinous beverages stored at the storage facility. (Added 2007, No. 151 (Adj. Sess.), § 1, eff. May 19, 2008; amended 2017, No. 83, § 68; 2018, No. 1 (Sp. Sess.), § 68.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 15 - Taxes › § 422. Tax on spirits and fortified wines

§ 422. Tax on spirits and fortified wines
(a) A tax of five percent is assessed on the gross revenue from the sale of spirits and fortified wines in the State of Vermont by the Board of Liquor and Lottery or the retail sale of spirits and fortified wines in Vermont by a manufacturer or rectifier of spirits or fortified wines, in accordance with the provisions of this title.
(b) The retail sales of spirits and fortified wines made by a manufacturer or rectifier at a fourth-class or farmers’ market license location shall be included in the gross revenue of a seller under this section, but only to the extent that the sales are of the manufacturer’s or rectifier’s own products, and not products purchased from other manufacturers and rectifiers. (Amended 1969, No. 144, § 5, eff. June 1, 1969; 1973, No. 129 (Adj. Sess.), § 1, eff. Feb. 1, 1974; 1981, No. 96, § 2; 2009, No. 102 (Adj. Sess.), § 7, eff. May 11, 2010; 2011, No. 45, § 36d; 2013, No. 73, § 57; 2013, No. 174 (Adj. Sess.), § 22; 2015, No. 51, § A.13, eff. Jan. 1, 2016; 2018, No. 1 (Sp. Sess.), § 69; 2019, No. 73, § 45.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 15 - Taxes › § 423. Rules

§ 423. Rules
(a) The Board of Liquor and Lottery shall adopt rules as it deems necessary for the proper administration and collection of the tax imposed under section 422 of this title.
(b) Notwithstanding subsection (a) of this section, where the spirits and fortified wines tax liability of a manufacturer or rectifier under section 422 of this title for the immediately preceding full calendar year has been (or would have been in cases when the business was not operating for the entire year) $1,000.00 or less, the tax imposed on the manufacturer or rectifier by section 422 of this title shall be due and payable in one annual payment on or before the 25th day of January. Where the spirits and fortified wines tax liability of a manufacturer or rectifier under section 422 of this title for the immediately preceding full calendar year has been (or would have been in cases when the business was not operating for the entire year) more than $1,000.00, the tax imposed on the manufacturer or rectifier by section 422 of this title shall be due and payable in quarterly installments on or before the 25th day of the calendar month succeeding the quarter ending the last day of March, June, September, and December of each year. (Amended 2015, No. 144 (Adj. Sess.), § 9; 2017, No. 73, § 1, eff. June 13, 2017; 2017, No. 83, § 70; 2018, No. 1 (Sp. Sess.), § 70.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 15 - Taxes › § 424. Collection

§ 424. Collection
The Board of Liquor and Lottery shall collect the tax imposed under section 422 of this title. The taxes collected on sales by the Board of Liquor and Lottery shall be paid weekly to the State Treasurer, and the taxes collected on sales by a manufacturer or rectifier shall be paid quarterly to the State Treasurer. (Amended 1973, No. 129 (Adj. Sess.), § 2, eff. Feb. 1, 1974; 1977, No. 157 (Adj. Sess.); 2015, No. 144 (Adj. Sess.), § 10; 2018, No. 1 (Sp. Sess.), § 71.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 15 - Taxes › § 425. Taxes a personal debt; action for recovery

§ 425. Taxes a personal debt; action for recovery
All taxes imposed by this title and all increases, interest, and penalties on those taxes, from the time they become due and payable, shall become a personal debt from the person liable to pay the amounts due to the State of Vermont and may be recovered in a civil action brought pursuant to this section. (Amended 2017, No. 83, § 71.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 17 - Sale to Intoxicated Persons › § 502. Minors; payment of damages recovered

§ 502. Minors; payment of damages recovered
All damages recovered by a minor in an action under section 501 of this chapter shall be paid over to the minor or to his or her guardian on whatever terms the court may order. (Amended 2017, No. 83, § 74.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 17 - Sale to Intoxicated Persons › § 503. Satisfaction of judgment; revocation of license

§ 503. Satisfaction of judgment; revocation of license
If a licensee fails to satisfy a judgment entered under section 501 of this title for 30 days after the judgment is entered, the local control commissioners or the Board of Liquor and Lottery shall revoke its license. A license shall not be granted to a person against whom a judgment has been recovered until the judgment is satisfied. (Amended 2017, No. 83, § 75; 2018, No. 1 (Sp. Sess.), § 72.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 561. Authority of liquor control investigators; arrest for unlawfully manufacturing, possessing, or transporting alcoholic beverages; seizure of property

§ 561. Authority of liquor control investigators; arrest for unlawfully manufacturing, possessing, or transporting alcoholic beverages; seizure of property
(a) The Director of Enforcement for the Division of Liquor Control and investigators employed by the Board of Liquor and Lottery or by the Division of Liquor Control shall be certified as Level III law enforcement officers by the Vermont Criminal Justice Council and shall have the same powers and immunities as those conferred on the State Police by 20 V.S.A. § 1914.
(b) The Commissioner of Liquor and Lottery, the Director of Enforcement for the Division of Liquor Control, an investigator employed by the Board of Liquor and Lottery or by the Division of Liquor Control, or any other law enforcement officer may arrest or take into custody pursuant to the Vermont Rules of Criminal Procedure a person whom he or she finds in the act of manufacturing alcohol or possessing a still or other apparatus for the manufacture of alcohol; unlawfully selling, bartering, possessing, furnishing, or transporting alcohol; or unlawfully selling, furnishing, or transporting alcoholic beverages, and shall seize the alcohol, vessels, and implements of sale and the stills or other apparatus for the manufacture of alcohol in the possession of the person. He or she may also seize and take into custody any property described in this section. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1987, No. 201 (Adj. Sess.); 2011, No. 17, § 1, eff. May 11, 2011; 2011, No. 17, § 3, eff. July 1, 2013; 2013, No. 64, §§ 7, 8, eff. June 3, 2013; 2013, No. 141 (Adj. Sess.), § 15, eff. July 1, 2015; 2017, No. 83, § 79; 2018, No. 1 (Sp. Sess.), § 73.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 562. Search warrants

§ 562. Search warrants
(a) If a State’s Attorney, the Commissioner of Liquor and Lottery, an investigator duly acting for the Board of Liquor and Lottery, or a control commissioner makes a complaint under oath or affirmation to a judge of the Criminal Division of the Superior Court that he or she or they have reason to believe that alcoholic beverages or alcohol is kept or deposited for sale or distribution contrary to law, or that alcohol is manufactured or possessed contrary to law, in any kind of vehicle, aircraft, watercraft, or other conveyance, or a dwelling house, railway car, building, or place in the county, the judge shall issue a warrant to search the premises described in the complaint.
(b) If the alcoholic beverages or alcohol is found there under circumstances warranting the belief that it is intended for sale or distribution contrary to law, or if alcohol is found in that place under circumstances warranting the belief that it is unlawfully manufactured or possessed, or if any still or other apparatus for the manufacture of alcohol is found in that place, the officer shall seize and convey the alcoholic beverages, alcohol, or still or other apparatus to a secure place and keep it until the court renders a final judgment on it. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 7, eff. April 9, 1974; 2009, No. 154, § 238; 2017, No. 83, § 80; 2017, No. 93 (Adj. Sess.), § 6; 2018, No. 1 (Sp. Sess.), § 74.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 563. Search of premises without warrant

§ 563. Search of premises without warrant
(a) A law enforcement officer or selectboard member who has information that alcoholic beverages or alcohol is kept with intent to sell, or is sold contrary to law in any kind of public place for selling refreshments, except a dwelling house, on or near the grounds of a public occasion of any kind shall search the suspected place without a warrant.
(b)(1) If the officer finds alcoholic beverages or alcohol upon the premises, he or she shall seize it and apprehend the keeper of the place and take him or her, without the seized alcoholic beverages or alcohol, as soon as practicable, before a judge of the Criminal Division of the Superior Court in the jurisdiction where the alcoholic beverages or alcohol is found.
(2) The officer shall make a written complaint under oath or affirmation to the judge, setting forth the details of the finding of the alcoholic beverages or alcohol.
(c)(1) Upon proof that the alcoholic beverages or alcohol were found in the possession of the accused in a public place, with intent to sell contrary to law, the seized alcoholic beverages or alcohol shall be adjudged forfeited and disposed of by order of the court, as provided in this chapter.
(2) The owner or keeper shall be proceeded against pursuant to this chapter for keeping the alcoholic beverages or alcohol with intent to sell. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 8, eff. April 9, 1974; 2017, No. 83, § 81; 2017, No. 93 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 564. Notice of seizure; hearing, fees

§ 564. Notice of seizure; hearing, fees
(a) An officer who pursuant to section 562 or 563 of this chapter seizes alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol, with or without a warrant, shall promptly give notice of the seizure to the State’s Attorney of the county.
(b) The State’s Attorney shall then attend and act in behalf of the State at the hearing against the seized alcoholic beverages, alcohol, still, or apparatus.
(c) An officer making a seizure without a warrant shall be allowed the same fees as if he or she had acted under a warrant. (Amended 2017, No. 83, § 82; 2017, No. 93 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 565. Arrest of owner of seized property

§ 565. Arrest of owner of seized property
The officer shall promptly apprehend and bring before the court the owner, keeper, and all persons having custody of or exercising any control over the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter, whether as principal, clerk, servant, or agent. (Amended 2017, No. 83, § 83.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 566. Arrest of owner of building

§ 566. Arrest of owner of building
If the owner or keeper of the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter is unknown to the officer, or if a person is not found in possession or custody of the seized alcoholic beverages, alcohol, or other property, the officer shall apprehend and bring before the court the owner or occupant of the building or apartments in which the seized alcoholic beverages, alcohol, or other property was found, if he or she knows or can ascertain the person’s identity. (Amended 2017, No. 83, § 84.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 567. Forfeiture of seized property

§ 567. Forfeiture of seized property
(a) If, after a hearing, the court determines that the alcoholic beverages, alcohol, or other property seized pursuant to section 562 or 563 of this chapter was intended for sale, distribution, or use contrary to law, it shall be adjudged forfeited and condemned.
(b) Alcoholic beverages, alcohol, or other property that is adjudged forfeited and condemned under this section shall be turned over to the Commissioner of Liquor and Lottery for the benefit of the State. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2017, No. 83, § 85; 2018, No. 1 (Sp. Sess.), § 75.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 568. Costs of forfeiture and condemnation proceedings

§ 568. Costs of forfeiture and condemnation proceedings
Upon condemnation of alcoholic beverages, alcohol, or other property pursuant to section 567 of this title, any person apprehended and brought before the court under sections 563 and 565 of this title shall be liable for the costs of the proceedings if, in the judgment of the court, any of them by themselves, or through clerks, servants, or agents:
(1) engaged in, or aided, assisted, or abetted the keeping of the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use;
(2) were privy to the keeping of the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use; or
(3) knowingly permitted the use of any building or apartments the person owned or controlled for storing or keeping the alcoholic beverages, alcohol, or other property for unlawful sale, distribution, or use. (Amended 2017, No. 83, § 86.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 569. Execution for costs

§ 569. Execution for costs
If the court determines that a person is liable for the costs of the proceedings pursuant to section 568 of this title and the costs are not paid, the court, after a hearing, shall issue an execution in favor of the State and against the person that is liable for the costs. The execution shall be certified as follows: “This execution is issued for the costs of the seizure and condemnation of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol that was kept in violation of law.” (Amended 1971, No. 185 (Adj. Sess.), § 19, eff. March 29, 1972; 2017, No. 83, § 87.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 570. Forfeiture and condemnation of seized vehicle or craft

§ 570. Forfeiture and condemnation of seized vehicle or craft
(a) If an officer seizes alcoholic beverages or alcohol and takes possession of a vehicle, air or water craft, or other conveyance, he or she shall promptly make a complaint under oath or affirmation to a judge of the Criminal Division of the Superior Court in the jurisdiction where the seizure occurred.
(b) The same proceedings shall be had with respect to the alcoholic beverages or alcohol and the vehicle, air or water craft, or other conveyances, except that if the vehicle, air or water craft, or other conveyance is adjudged forfeited and condemned, it shall, upon the written order of the court, be sold at a public sheriff’s sale for the benefit of the State. The officer making the sale shall make a return in writing to the court that issued the order of sale with the proceeds from the sale, less his or her expenses and fees for keeping and selling the vehicle, air or water craft, or other conveyance, which shall be the same as for the sale of personal property upon execution. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 9, eff. April 9, 1974; 2009, No. 154, § 238; 2017, No. 83, § 89.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 572. Proceeds of sale of condemned vehicle or craft

§ 572. Proceeds of sale of condemned vehicle or craft
(a) From the net proceeds of a sale pursuant to section 570 of this title, the court shall pay all liens, according to their priority that:
(1) are established by intervention or otherwise at the time the court enters the judgment of forfeiture or in other proceedings brought for that purpose; and
(2) are bona fide and were created without the owner’s having any knowledge that the carrying vehicle was used or would be used for the illegal transport of alcoholic beverages or alcohol.
(b) The court shall pay the balance of the proceeds to the State Treasurer. (Amended 2017, No. 83, § 90.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 573. Rights of owner; adjourned hearing

§ 573. Rights of owner; adjourned hearing
(a) Nothing in this chapter shall be construed to prejudice the rights of a bona fide owner of a vehicle, air or water craft, or other conveyance to have it returned to his or her possession upon proof that he or she had no knowledge that it was being used or was to be used for the illegal transportation of alcoholic beverages or alcohol, provided he or she enters an appearance before the court has entered a judgment of forfeiture.
(b)(1) If, following a hearing, the person in charge of a vehicle, air or water craft, or other conveyance is determined not to be its owner and no person has claimed it, the hearing shall be continued to a date certain and the taking of the vehicle, air or water craft, or other conveyance and the date of the adjourned hearing shall be advertised in a newspaper published in the town or county where it was taken or, if there is no newspaper published in the town or county, in a newspaper having circulation in the county, once a week for three successive weeks.
(2) The Commissioner of Finance and Management shall provide the court conducting the hearing with the cost of the advertising. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 91.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 574. Reopening of forfeiture proceeding

§ 574. Reopening of forfeiture proceeding
(a) At any time within one year after a vehicle, air or water craft, or other conveyance has been adjudged forfeited, a claimant may provide notice to the State’s Attorney of the county and, upon showing that he or she had no knowledge of the forfeiture hearing, may apply to the court that entered the judgment of forfeiture to have the case reopened. The court may require the claimant to give security by posting a bond to the State in a sufficient sum, as the court directs, conditioned on the claimant prosecuting his or her claim to effect and paying the costs awarded against him or her.
(b) If upon rehearing the claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of the claim, which shall not exceed the net amount actually realized by the State from the sale of the vehicle, air or water craft, or other conveyance, and the Commissioner of Finance and Management shall issue his or her warrant to pay the sum. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 10, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 92.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 575. Claim by owner, keeper, or possessor for seized goods or apparatus; bond

§ 575. Claim by owner, keeper, or possessor for seized goods or apparatus; bond
(a)(1) When the owner, keeper, or possessor of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol seized under the provisions of this title appears and makes a claim to the seized alcoholic beverages, alcohol, or other property, he or she shall file a written claim with the court before which the proceedings are pending.
(2) The claim shall set forth his or her interest in the seized alcoholic beverages, alcohol, or other property, and the reasons why it should not be adjudged forfeited.
(b) The court may require the claimant to give security by posting a bond to the State, in a sufficient sum as the court directs, conditioned on the claimant prosecuting his or her claim to effect and paying the costs awarded against him or her. (Amended 2017, No. 83, § 93.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 576. Appeal; bond

§ 576. Appeal; bond
If a claimant elects to appeal from the judgment of the court under this chapter, the court may require that he or she give security by posting a bond to the State, in a sufficient sum, as the court directs, conditioned on the claimant’s prosecuting his or her appeal to effect and paying the costs awarded against him or her. (Amended 2017, No. 83, § 94.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 577. Judgment against claimant; forfeiture; costs

§ 577. Judgment against claimant; forfeiture; costs
If the court renders judgment against the claimant pursuant to section 575 or 576 of this title, the alcoholic beverages or alcohol and the casks or vessels containing the alcoholic beverages or alcohol shall be adjudged forfeited and condemned, as provided in this chapter, and the court shall also enter judgment against the claimant for all costs of prosecution incurred after the filing of his or her claim. (Amended 2017, No. 83, § 95.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 578. Disposition of liquor condemned on appeal

§ 578. Disposition of liquor condemned on appeal
If the appellant fails to enter and prosecute his or her appeal pursuant to section 576 of this title, or if judgment is against him or her on appeal, the court in which the appeal is finally decided shall order the alcoholic beverages or alcohol to be disposed of as in the case of alcoholic beverages or alcohol adjudged forfeited and condemned under an order of a judge of the Criminal Division of the Superior Court pursuant to section 567 of this title. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 11, eff. April 9, 1974; 2017, No. 83, § 96.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 579. Seized property taken by writ of replevin

§ 579. Seized property taken by writ of replevin
If alcoholic beverages, alcohol, or other property seized by an officer under the provisions of this chapter is taken from his or her possession by a writ of replevin, it shall not be delivered to the claimant, but shall be held by the officer serving the writ, until the final determination of the seizure action. Upon the final determination of the action, the alcoholic beverages, alcohol, or other property held by the officer who served the writ shall be delivered to the party in whose favor judgment is rendered, or to an officer who has authority to hold or dispose of it under the original seizure proceedings. (Amended 2017, No. 83, § 97.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 580. Seizure proceedings without delay by replevin

§ 580. Seizure proceedings without delay by replevin
Proceedings on the seizure of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol, except final execution, shall not be delayed by a replevin of the seized alcoholic beverages, alcohol, or other property, but the cause shall proceed to final judgment as if the action for replevin had not been commenced. (Amended 2017, No. 83, § 98.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 581. Costs against owner or keeper

§ 581. Costs against owner or keeper
If proceedings for the condemnation of alcoholic beverages, alcohol, or a still or other apparatus for the manufacture of alcohol result in the prosecution and conviction of the owner or keeper of the alcoholic beverages, alcohol, or other property for an offense under this title, the costs in the proceedings shall be taxed against the owner or keeper. (Amended 2017, No. 83, § 99.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 582. Sale of alcoholic beverages taken by attachment or on execution

§ 582. Sale of alcoholic beverages taken by attachment or on execution
Alcoholic beverages lawfully taken by attachment or on execution issued by a court of this State may be sold by a duly authorized officer as other personal property taken on execution, but only to the persons and institutions to which alcoholic beverages may be sold under the provisions of this title. (Amended 2017, No. 83, § 100; 2017, No. 113 (Adj. Sess.), § 41.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 584. Sufficiency of specification

§ 584. Sufficiency of specification
If a specification is required in prosecutions for offenses under this title, it shall be sufficient to specify the offenses with as much certainty as to the time, place, and person as the prosecutor is able to provide, and the specifications provided may be amended at trial. When the specifications set forth the sale or furnishing of alcoholic beverages or alcohol to any unknown person or persons, the witnesses may be inquired of as to those transactions. If the name of the person is disclosed, it may be added to the specifications, and upon any terms related to postponement of the trial as the court deems reasonable. (Amended 2017, No. 83, § 103.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 585. Alcohol dealer registration as evidence

§ 585. Alcohol dealer registration as evidence
A copy or record of a person’s Alcohol Dealer Registration with the U.S. Alcohol and Tobacco Tax and Trade Bureau shall be prima facie evidence that the person named in the registration keeps for sale and sells alcoholic beverages or alcohol. (Amended 2017, No. 83, § 104.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 587. Fines and costs

§ 587. Fines and costs
Fines collected under this title shall be remitted to the General Fund. Costs collected under this title shall be remitted to the Liquor Control Enterprise Fund. (Amended 1999, No. 49, § 192; 2017, No. 82, § 105.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 588. Fees of sheriff, constable, or police officer

§ 588. Fees of sheriff, constable, or police officer
When a sheriff, constable, or police officer makes a search under this title pursuant to a warrant, he or she shall receive a fee for the search, reimbursement for mileage at the rate set pursuant to 32 V.S.A. § 1267, and the sum that he or she actually paid out for necessary assistance, if:
(1) the Commissioner of Liquor and Lottery deems the amount to be reasonable; and
(2) the officer declares under oath that the money was expended as claimed, and, if applicable, states the name of his or her assistant and the amount paid for the assistance. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 107; 2018, No. 1 (Sp. Sess.), § 76.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 589. Exhibition of card

§ 589. Exhibition of card
An individual shall exhibit “a valid authorized form of identification,” which means a valid photographic operator’s license, enhanced driver’s license, or valid photographic nondriver identification card issued by Vermont or another state or foreign jurisdiction, a U.S. military identification card, or a valid passport or passport card bearing the photograph and signature of the individual upon demand of a licensee, an employee of a licensee, or a law enforcement officer. On the failure of an individual to produce and exhibit a valid authorized form of identification upon demand of a licensee, the licensee shall be entitled to refuse to sell the individual any alcoholic beverage. Sale or furnishing of any alcoholic beverages by a licensee to an individual exhibiting a valid authorized form of identification shall be prima facie evidence of the licensee’s compliance with the law prohibiting the sale or furnishing of alcoholic beverages to minors. (Added 1963, No. 145, § 2; amended 1989, No. 195 (Adj. Sess.), § 2; 1995, No. 121 (Adj. Sess.), § 2; 1997, No. 158 (Adj. Sess.), § 3; 2007, No. 114 (Adj. Sess.), § 1; 2013, No. 64, § 6; 2017, No. 83, § 108.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 19 - Enforcement › § 590. Board of Liquor and Lottery; rules

§ 590. Board of Liquor and Lottery; rules
The Board of Liquor and Lottery shall adopt rules as necessary to effectuate the purposes of section 589 of this title. (Added 1963, No. 145, § 5; amended 2007, No. 114 (Adj. Sess.), § 2; 2017, No. 83, § 109; 2018, No. 1 (Sp. Sess.), § 77.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 651. Soliciting orders

§ 651. Soliciting orders
A person who, for himself or herself or as agent, takes or solicits orders for the sale of malt beverages, vinous beverages, or ready-to-drink spirits beverages, except for licensees or from agencies of the U.S. Armed Forces as specified in section 421 of this title, or of spirits or fortified wines shall be imprisoned not more than six months or fined not more than $500.00 nor less than $100.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 110; 2019, No. 73, § 9; 2021, No. 177 (Adj. Sess.), § 29, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 652. Transportation

§ 652. Transportation
A person who, by himself or herself, or through a clerk or agent, brings into the State, or conveys or transports over or along a railroad or public highway, or by land, air, or water, alcoholic beverages or alcohol that the person knows or has reason to believe is to be unlawfully kept, sold, or furnished shall be imprisoned not more than six months nor less than three months or fined not more than $2,500.00 nor less than $100.00, or both. (Amended 1981, No. 223 (Adj. Sess.), § 23; 2017, No. 83, § 111; 2019, No. 73, § 10.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 655. Barter

§ 655. Barter
(a) A licensee or permittee shall be imprisoned not more than six months nor less than 30 days or fined not more than $1,500.00 nor less than $500.00, or both, if the licensee or permittee:
(1) purchases or receives apparel, tools, implements of trade or husbandry, household goods, furniture, or provisions, directly or indirectly, by way of sale or barter, the consideration for which is, in whole or in part, alcoholic beverages or alcohol or the price of the alcoholic beverages or alcohol; or
(2) receives apparel, tools, implements of trade or husbandry, household goods, furniture, or provisions in pawn for alcoholic beverages or alcohol or the price of the alcoholic beverages or alcohol.
(b) A person’s license or permit issued under this title shall be revoked following a conviction under subsection (a) of this section. (Amended 2017, No. 83, § 113; 2019, No. 73, § 11.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 657a. Person under 16 years of age misrepresenting age or procuring or possessing alcoholic beverages; delinquency

§ 657a. Person under 16 years of age misrepresenting age or procuring or possessing alcoholic beverages; delinquency
A person under 16 years of age who engages in conduct in violation of subdivision 656(a)(1) of this title commits a delinquent act and shall be subject to 33 V.S.A. chapter 52. The person shall be provided the opportunity to participate in the Court Diversion Program unless the prosecutor states on the record why a referral to the Court Diversion Program would not serve the ends of justice. (Added 2013, No. 76, § 10.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 659. Refusal or neglect of officers to perform duties

§ 659. Refusal or neglect of officers to perform duties
(a) The county sheriffs, sheriff’s deputies, constables, officers or members of the village or city police, State Police, and investigators of the Board of Liquor and Lottery shall have the authority and duty to ensure that the provisions of this title and the rules adopted by the Board of Liquor and Lottery pursuant to this title are enforced within their respective jurisdictions. Any officer who willfully refuses or neglects to perform the duties imposed upon him or her by this section shall be fined not more than $500.00 or imprisoned not more than 90 days, or both.
(b) A control commissioner or State’s Attorney who willfully refuses or neglects to investigate a complaint for a violation of this chapter, when accompanied by evidence in support of the complaint, shall be fined $300.00. (Amended 2017, No. 83, § 115; 2017, No. 93 (Adj. Sess.), § 9; 2018, No. 1 (Sp. Sess.), § 78.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 660. Advertising

§ 660. Advertising
(a) Any outside billboards or signs that contain an advertisement relating to alcoholic beverages or indicate where alcoholic beverages may be procured shall comply with the requirements of 10 V.S.A. chapter 21. A person who violates any provision of this section shall be fined not more than $100.00 nor less than $10.00, for each offense, and a conviction for a violation shall be cause for revoking the person’s license issued under this title.
(b) Notwithstanding subsection (a) of this section, advertising of alcoholic beverages on a motor vehicle lawfully transporting alcoholic beverages or on a vehicle drawn by horses shall be permitted.
(c)(1) The alcohol content of any malt beverage shall not be set forth or stated in any advertising or promotion of the beverage in any medium.
(2) A person shall not advertise or promote the sale of any fermented beverage made from malt by indicating in any way that the beverage has a higher alcoholic content than other similar beverages.
(3) Notwithstanding subdivisions (1) and (2) of this subsection, the alcoholic content of a malt beverage may be set forth on its label or packaging. (Amended 1971, No. 110, § 1, eff. April 22, 1971; 1973, No. 215 (Adj. Sess.), § 1; eff. April 3, 1974; 1993, No. 168 (Adj. Sess.), § 4; 2017, No. 83, § 117; 2018, No. 1 (Sp. Sess.), § 79.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 21 - Penalties › § 661. Violations of title

§ 661. Violations of title
(a)(1) A person that furnishes, sells, or keeps with intent to sell, or bottles or prepares for sale any alcoholic beverages, except as authorized by this title, or sells, barters, transports, imports, exports, delivers, prescribes, furnishes, or possesses alcohol, except as authorized by the Board of Liquor and Lottery, or that unlawfully manufactures alcohol or possesses a still or other apparatus for the manufacture of alcohol shall be imprisoned not more than 12 months nor less than three months or fined not more than $2,500.00 nor less than $100.00, or both.
(2) For a subsequent conviction under subdivision (1) of this subsection within one year, a person shall be imprisoned not more than three years nor less than six months or fined not more than $5,000.00 nor less than $500.00, or both.
(b) A person that willfully violates a provision of this title for which no other penalty is prescribed or that willfully violates a rule of the Board of Liquor and Lottery shall be imprisoned not more than three months nor less than one month or fined not more than $500.00 nor less than $100.00, or both.
(c) The provisions of subsection (b) of this section shall not apply to a violation of subsection 1005(a) of this title, relating to purchase of tobacco products, tobacco substitutes, or tobacco paraphernalia by a person under 21 years of age. (Amended 1991, No. 70, § 4, eff. May 1, 1992; 2017, No. 83, § 118; 2018, No. 1 (Sp. Sess.), § 80; 2019, No. 27, § 7, eff. Sept. 1, 2019; 2019, No. 73, § 13.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 702. Prohibited acts by manufacturer or certificate of approval holder

§ 702. Prohibited acts by manufacturer or certificate of approval holder
A manufacturer or certificate of approval holder shall not do any of the following:
(1) Induce or coerce, or attempt to induce or coerce, any wholesale dealer to accept delivery of any alcoholic beverage, any form of advertisement, or any other commodity, that was not ordered by the wholesale dealer.
(2) Induce or coerce, or attempt to induce or coerce, any wholesale dealer to do any illegal act or thing by threatening to cancel or terminate the wholesale dealer’s malt beverages, vinous beverages, or ready-to-drink spirits beverages franchise agreement.
(3) Fail or refuse to deliver promptly to a wholesale dealer after the receipt of its order any malt beverages, vinous beverages, or ready-to-drink spirits beverages when the product is available for immediate sale. If a manufacturer or certificate of approval holder believes in good faith that it does not have a sufficient amount of a product available for immediate sale to satisfy the demand of a wholesale dealer and its other customers, it shall allocate the available product between the wholesale dealer and its other customers in a fair and equitable manner.
(4) Require a wholesale dealer to agree to any condition, stipulation, or provision limiting the wholesale dealer’s rights to sell the product of another manufacturer or certificate of approval holder. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 2; 2017, No. 83, § 122; 2017, No. 145 (Adj. Sess.), § 3, eff. Jan. 1, 2019; 2021, No. 177 (Adj. Sess.), § 32, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 703. Cancellation of franchise

§ 703. Cancellation of franchise
Notwithstanding the terms, provisions, or conditions of any agreement or franchise, no certificate of approval holder or manufacturer shall cancel, terminate, or refuse to continue a franchise, or cause a wholesale dealer to relinquish a franchise, unless good cause is shown to exist. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 3; 2017, No. 83, § 123.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 704. 120 days’ notice for cancellation; rectification

§ 704. 120 days’ notice for cancellation; rectification
(a)(1) Except as provided in subsection (c) of this section, a certificate of approval holder or manufacturer shall provide a franchisee or agreement holder at least 120 days’ written notice of any intent to terminate or cancel any franchise or agreement.
(2) The notice shall state the causes and reasons for the intended termination or cancellation. The franchisee shall have 120 days in which to rectify any claimed deficiency.
(b) The Superior Court, upon petition and after due notice to both parties and the opportunity to be heard, shall decide whether good cause exists to allow termination or cancellation of the franchise or agreement.
(c) The notice provisions of subsection (a) of this section may be waived if the reason for termination, cancellation, or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or if the certificate of approval holder or manufacturer is able to prove to the court that providing the required notice would do irreparable harm to the marketing of its product. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 4; 2017, No. 83, § 124.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 705. Exclusive territories

§ 705. Exclusive territories
No certificate of approval holder or manufacturer who designates a sales territory for which a wholesale dealer shall be primarily responsible or in which a wholesale dealer is required to concentrate its efforts shall enter into any franchise or agreement with any other wholesale dealer for the purpose of establishing an additional franchisee for its brand or brands of malt beverages, vinous beverages, or ready-to-drink spirits beverages in the territory being primarily served or concentrated upon by the first licensed wholesale dealer. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 5; 2017, No. 83, § 125; 2021, No. 177 (Adj. Sess.), § 33, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 706. Sale to retailers by franchisees

§ 706. Sale to retailers by franchisees
No franchisee that is granted a sales territory for which the franchisee shall be primarily responsible or in which the franchisee is required to concentrate its efforts shall make any sale or delivery of malt beverages, vinous beverages, or ready-to-drink spirits beverages to any retail licensee whose place of business is not within the sales territory granted to the franchisee. (Added 1975, No. 199 (Adj. Sess.); amended 2017, No. 83, § 126; 2021, No. 177 (Adj. Sess.), § 34, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 707. Sale or transfer; purchase by manufacturer

§ 707. Sale or transfer; purchase by manufacturer
(a) A wholesale dealer wishing to sell or otherwise transfer its interests in a franchise shall give at least 90 days’ written notice to the certificate of approval holder or manufacturer, prior to the sale or transfer. The notice of intended sale or transfer shall give the full name and address of the proposed transferee, along with full details outlining the qualifications of the proposed transferee that, in the opinion of the wholesale dealer, make the proposed transferee competent to operate the franchise.
(b) In the event the certificate of approval holder or manufacturer wishes to resist the proposed sale or transfer to the proposed transferee, the certificate of approval holder or manufacturer shall petition the Superior Court for a hearing not later than 60 days prior to the date of the proposed sale or transfer. The petition shall clearly state the certificate of approval holder’s or manufacturer’s reasons for resisting the proposed sale or transfer.
(c) Upon receipt of a petition brought resisting a sale or transfer, the Superior Court shall hold a hearing on the proposed transfer or sale. The court shall make a full inquiry into the qualifications of the proposed transferee and shall determine whether or not the proposed transferee is in a position to substantially continue the operations of the franchise, to assume the obligations of the franchise holder, and to conduct the business in a manner that will protect the legitimate interests of the certificate of approval holder or manufacturer.
(d) If the Superior Court finds the proposed transferee to be qualified to operate the franchise, it shall approve the transfer of the franchise to the proposed transferee.
(e) The provisions of subsections (b) through (d) of this section shall not apply to the sale or transfer of a franchise to the spouse, child, grandchild, sibling, parent, foster child, child-in-law, sibling-in-law, niece, or nephew of the owner of the wholesale dealer. (Added 1975, No. 199 (Adj. Sess.); amended 1983, No. 197 (Adj. Sess.), § 6; 2017, No. 83, § 127; 2017, No. 145 (Adj. Sess.), § 4, eff. Jan. 1, 2019; 2021, No. 105 (Adj. Sess.), § 152, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 708. Merger of franchisor

§ 708. Merger of franchisor
Once a franchise has been in effect for a period of one year, the merger of the franchisor and a third party shall not void the franchise unless a waiver is received from the franchisee or unless good cause is shown pursuant to section 703 of this title and in accordance with the procedures established in section 704 of this title. (Added 1983, No. 197 (Adj. Sess.), § 8; amended 2017, No. 83, § 128.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 709. Heirs, successors, and assigns

§ 709. Heirs, successors, and assigns
The provisions of this chapter shall apply to the heirs, successors, and assigns of any franchisor or franchisee. (Added 1983, No. 197 (Adj. Sess.), § 9; amended 2017, No. 83, § 129.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 23 - Beer and Wine Franchises › § 751. Application

§ 751. Application
(a) The provisions of this subchapter shall apply to any franchise between a wholesale dealer and either:
(1) a certificate of approval holder that produces or distributes a total annual volume of not more than 50,000 barrels of malt beverages and whose products comprise three percent or less of the wholesale dealer’s total annual sales of malt beverages by volume; or
(2) a manufacturer that produces a total annual volume of not more than 50,000 barrels of malt beverages and whose products comprise three percent or less of the wholesale dealer’s total annual sales of malt beverages by volume.
(b) The provisions of sections 702, 705, and 706 of this title shall apply to any franchise that is subject to the provisions of this subchapter. (Added 2017, No. 145 (Adj. Sess.), § 5, eff. Jan. 1, 2019.)