reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 1 - General Provisions › § 3. Culinary arts students; exemptions from provisions of title

§ 3. Culinary arts students; exemptions from provisions of title
A student 18 years of age or older who is enrolled in a postsecondary education culinary arts program, accredited by a commission recognized by the U.S. Department of Education, shall be exempt from the provisions of this title while attending classes that require the possession or consumption of alcoholic beverages. (Added 1985, No. 99 (Adj. Sess.) § 2; amended 2017, No. 83, § 3.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 1 - General Provisions › § 4. Nonprofit organizations; alcoholic beverage auctions; fundraising

§ 4. Nonprofit organizations; alcoholic beverage auctions; fundraising
(a) A nonprofit organization qualified for tax exempt status pursuant to Section 501(c) of the federal Internal Revenue Code, as amended, in the discretion of the Commissioner, may auction alcoholic beverages to the public without a license, provided that:
(1) Prior to the auction, the organization provides written notification of the auction accompanied by documentation of its nonprofit status satisfactory to the Commissioner.
(2) The Commissioner approves the organization’s nonprofit qualifications and the organization’s proposal to auction alcoholic beverages.
(3) The profits from the auctioned beverages are used solely for the expenses of the nonprofit organization related to conducting the auction or for the nonprofit purposes of the organization.
(b) A person who donates alcoholic beverages to a nonprofit organization for an auction under this section is not required to be licensed under this title.
(c) A licensee under this title may donate alcoholic beverages to a nonprofit organization pursuant to this section, provided the licensee pays to the State all the taxes that would be due if the alcoholic beverages had been sold in the course of the licensee’s business.
(d) If an auction under this section is conducted on the premises of a licensee under this title, beverages donated for auction may be given and accepted without including the beverages on the licensee’s invoice.
(e) A purchaser of beverages auctioned by a nonprofit organization pursuant to this section shall not be responsible for payment of any sales tax. (Added 2005, No. 40, § 1, eff. June 2, 2005; amended 2017, No. 83, § 4.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 1 - General Provisions › § 5. Division of Liquor Control; raffles for right to purchase rare and unusual products

§ 5. Division of Liquor Control; raffles for right to purchase rare and unusual products
(a) Notwithstanding any provision of 13 V.S.A. chapter 51 to the contrary, the Division of Liquor Control may conduct raffles for the right to purchase certain rare and unusual spirits and fortified wines that are acquired by the Board of Liquor and Lottery. A raffle conducted pursuant to this section shall meet the following requirements:
(1) Tickets to enter the raffle shall only be available for purchase to a member of the general public, or to a third-class licensee by and through an authorized agent, who is 21 years of age or older.
(2) Tickets for the raffle shall be sold at a price fixed by the Commissioner.
(3) All notices or advertisements relating to the raffle shall clearly state:
(A) the price of a raffle ticket;
(B) the date of the drawing;
(C) the sales price of each rare and unusual spirit or fortified wine; and
(D) that the winning prize will be the right to purchase the rare and unusual spirit or fortified wine for the specified sales price.
(4) No Board member or employee of the Department of Liquor and Lottery and no immediate family member of a Board member or employee of the Department shall be permitted to enter the raffle.
(b) The proceeds from the sale of tickets for each raffle shall be deposited in the Liquor Control Enterprise Fund established pursuant to section 112 of this title.
(c) As used in this section, “rare and unusual spirits and fortified wines” means spirits and fortified wines that are distributed or allocated to the Board in an amount that is insufficient for general distribution to local agency stores and for which the Commissioner determines that an extraordinary level of public demand exists. (Added 2017, No. 83, § 163; amended 2018, No. 1 (Sp. Sess.), § 2; 2021, No. 177 (Adj. Sess.), § 40, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 61. Restrictions; exceptions

§ 61. Restrictions; exceptions
(a) A person shall not furnish or sell, or keep with intent to sell, any alcoholic beverages, or manufacture, sell, barter, transport, import, export, deliver, prescribe, furnish, or possess any alcohol, except as authorized by this title.
(b) Notwithstanding subsection (a) of this section, this chapter shall not apply to:
(1) the furnishing of alcoholic beverages by an individual in his or her private dwelling unless the dwelling becomes a place of public resort;
(2) the use of sacramental wine; or
(3) the furnishing, purchase, sale, barter, transportation, importation, exportation, delivery, prescription, or possession of alcohol for manufacturing, mechanical, medicinal, and scientific purposes, provided that it is done in accordance with the rules of the Board of Liquor and Lottery and licenses and permits issued by the Board of Liquor and Lottery or Division of Liquor Control as provided in this title. (Amended 2013, No. 72, § 23; 2017, No. 83, § 6; 2018, No. 1 (Sp. Sess.), § 3.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 62. Hours of sale

§ 62. Hours of sale
(a) First- or first- and third-class licensees or festival, special event, or educational sampling event permit holders, may sell alcoholic beverages between the hours of 8:00 a.m. and 2:00 a.m. the next morning.
(b)(1) Second-class licensees may sell malt beverages, vinous beverages, and ready-to-drink spirits beverages between the hours of 6:00 a.m. and 12:00 midnight.
(2) Fourth-class licensees may sell or furnish alcoholic beverages between the hours of 6:00 a.m. and 12:00 midnight.
(c) The Board of Liquor and Lottery may adopt rules controlling hours of consumption and sale under this section and may extend the hours of sale by holders of first- or first- and third-class licenses on New Year’s Day. (Amended 1959, No. 17, eff. March 5, 1959; 1965, No. 31, eff. April 20, 1965; 1967, No. 98, eff. April 13, 1967; 1971, No. 15, eff. March 5, 1971; 1973, No. 34, § 1; 1975, No. 44, § 2, eff. April 15, 1975; 1979, No. 8; 1981, No. 27; 2001, No. 20, § 1; 2015, No. 51, § A.14, eff. Jan. 1, 2016; 2017, No. 83, § 7; 2018, No. 1 (Sp. Sess.), § 4; 2021, No. 177 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 63. Importation or transportation of alcohol; prohibitions; personal import limit; penalty

§ 63. Importation or transportation of alcohol; prohibitions; personal import limit; penalty
(a)(1) All spirits and fortified wines imported or transported into this State shall be imported or transported by and through the Board of Liquor and Lottery. A person importing or transporting or causing to be imported or transported into this State any spirits or fortified wines, or both, in violation of this section shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
(2) Notwithstanding subdivision (1) of this subsection, a person may import or transport not more than eight quarts of spirits or fortified wines, or both, into this State in the person’s own private vehicle or in his or her actual possession at the time of importation without a license or permit, provided the beverages are not for resale.
(b)(1) Except as provided in sections 277, 278, and 283 of this title, all malt beverages, vinous beverages, or ready-to-drink spirits beverages, or a combination of malt beverages, vinous beverages, and ready-to-drink spirits beverages, imported or transported into this State shall be imported or transported by and through the holder of a wholesale dealer’s license issued by the Board of Liquor and Lottery. A person importing or transporting or causing to be imported or transported into this State any malt beverages, vinous beverages, or ready-to-drink spirits beverages in violation of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.
(2) Notwithstanding subdivision (1) of this subsection, a person may import or transport not more than six gallons of malt beverages, vinous beverages, or ready-to-drink spirits beverages, or a combination of malt beverages, vinous beverages, and ready-to-drink spirits beverages, into this State in the person’s own private vehicle or in the person’s actual possession at the time of importation without a license or permit, provided the beverages are not for resale. (Amended 1991, No. 138 (Adj. Sess.); 2005, No. 140 (Adj. Sess.), § 3, eff. May 10, 2006; 2007, No. 151 (Adj. Sess.), § 2, eff. May 19, 2008; 2013, No. 72, § 24; 2017, No. 83, § 8; 2018, No. 1 (Sp. Sess.), § 5; 2019, No. 73, § 2; 2021, No. 177 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 64. Sale of malt beverages and vinous beverages in kegs

§ 64. Sale of malt beverages and vinous beverages in kegs
(a) A keg shall be sold by a second-class or fourth-class licensee only under the following conditions:
(1) The keg shall be tagged in a manner and with a label approved by the Board of Liquor and Lottery. The label shall be supplied and securely affixed to the keg by the wholesale dealer or, in the case of a second-class license issued for the premises of a licensed manufacturer or a fourth-class licensee, by the manufacturer.
(2) A purchaser shall exhibit a valid authorized form of identification upon demand of a licensee or an agent of a licensee. If the purchaser fails to provide a valid authorized form of identification, the licensee shall be entitled to refuse to sell the keg to the individual. As used in this subsection, “a valid authorized form of identification” has the same meaning as in section 589 of this title.
(3) The purchaser shall complete a form, provided by the Board, that includes at least the name, address, and date of birth of the purchaser as they appear on the purchaser’s valid authorized form of identification and the identification number of the keg. The form shall also include the provisions of this section and the penalties for a violation of this section. The licensee shall retain the form for 90 days after return of the keg.
(4) The licensee shall collect a deposit of at least $25.00, which shall be returned to the purchaser upon return of the keg with the label intact.
(b) A licensee shall not:
(1) sell a keg without a legible label attached; or
(2) return a deposit on a keg that is returned without the label intact.
(c) Any person, other than a wholesale dealer or manufacturer, who intentionally removes or defaces the label attached to a keg shall be fined not more than $1,000.00. (Added 1991, No. 255 (Adj. Sess.), § 1; amended 1997, No. 117 (Adj. Sess.), § 4; 2009, No. 102 (Adj. Sess.), § 2, eff. May 11, 2010; 2017, No. 83, § 9; 2018, No. 1 (Sp. Sess.), § 6; 2019, No. 73, § 3.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 65. Purchase of kegs

§ 65. Purchase of kegs
Any individual who, within 60 days of purchase, fails to return a keg sold pursuant to section 64 of this chapter to the second-class or fourth-class licensee from which the keg was purchased shall be fined $200.00. (Added 1991, No. 255 (Adj. Sess.), § 2; amended 2017, No. 83, § 120; 2019, No. 73, § 4.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 66. Home-fermented malt and vinous beverages; tasting event

§ 66. Home-fermented malt and vinous beverages; tasting event
(a) An individual of legal age may, without obtaining a license under this title or paying State taxes or fees, produce malt or vinous beverages, or both, at home, provided that the amount of home-fermented beverages produced by that individual does not exceed the quantities limitation in 26 U.S.C. §§ 5042 and 5053.
(b) Home-fermented beverages produced pursuant to this section may be transported to and offered for tasting at an organized event, exhibition, or competition held for home-fermented beverages, provided all the following conditions are met:
(1) The sponsor provides written notice of the event to the Division not later than 10 days prior to the date of the event. The notice shall include a description of the delineated area in which the tastings will be offered and, in the case of a competition, the names of the judges hired by the sponsor.
(2) The public is not charged a fee for the tastings or for admission to the event, exhibition, or competition. However, the sponsor may charge a fee to the producers of home-fermented beverages for their participation in the event.
(3) Tastings of home-fermented beverages are offered only within the delineated area specified in the notice to the Division.
(4) No home-fermented beverages may be sold or offered for sale to the public, and all unused home-fermented beverages shall be disposed of by the permit holder.
(5) The event will be conducted in compliance with all the requirements of this title.
(6), (7) [Repealed.]
(c) A person who sponsors an organized event, exhibition, or competition under this section or participates in the event as a producer of home-fermented beverages who violates any provision of this section may be fined not more than $1,000.00. (Added 1997, No. 158 (Adj. Sess.), § 5; amended 2007, No. 10, § 1, eff. April 26, 2007; 2017, No. 83, § 11; 2018, No. 1 (Sp. Sess.), § 7.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 3 - Restrictions and Prohibited Acts › § 67. Powdered alcohol products

§ 67. Powdered alcohol products
(a) It shall be unlawful for a person to knowingly possess or sell a powdered alcohol product.
(b) A person that knowingly possesses a powdered alcohol product shall be fined not more than $500.00.
(c) A person that knowingly sells a powdered alcohol product shall be imprisoned not more than two years or fined not more than $10,000.00, or both.
(d) As used in this section, “powdered alcohol product” means any alcoholic powder that can be added to water or food. (Added 2013, No. 202 (Adj. Sess.), § 7, eff. June 24, 2014; amended 2017, No. 83, § 12.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 101. Composition of Department; Commissioner of Liquor and Lottery; Board of Liquor and Lottery

§ 101. Composition of Department; Commissioner of Liquor and Lottery; Board of Liquor and Lottery
(a)(1) The Department of Liquor and Lottery, created by 3 V.S.A. § 212, shall administer the laws relating to alcoholic beverages, tobacco, and the State Lottery. It shall include the Commissioner of Liquor and Lottery and the Board of Liquor and Lottery.
(2) The Board of Liquor and Lottery shall supervise and manage the sales of spirits and fortified wines pursuant to this title and the establishment and management of the State Lottery pursuant to 31 V.S.A. chapter 14.
(3)(A) The Department of Liquor and Lottery shall be under the immediate supervision and direction of the Commissioner of Liquor and Lottery.
(B) The Division of Liquor Control is created within the Department to administer and carry out the laws relating to alcohol and tobacco set forth in this title.
(C) The Division of Lottery is created within the Department to administer and carry out the laws relating to the State Lottery set forth in 31 V.S.A. chapter 14.
(D) The Commissioner, with the approval of the Governor, may appoint a Deputy Commissioner of Liquor and Lottery to supervise and direct the Division of Liquor Control and the Division of Lottery. The Deputy Commissioner shall be exempt from the classified service and shall serve at the pleasure of the Commissioner.
(b)(1) The Board of Liquor and Lottery shall consist of five persons. Not all members of the Board shall belong to the same political party.
(2)(A) With the advice and consent of the Senate, the Governor shall appoint the members of the Board for staggered three-year terms.
(B) The Governor shall fill a vacancy occurring during a term by an appointment for the unexpired term in accordance with the provisions of 3 V.S.A. § 257(b).
(C) A member’s term of office shall commence on February 1 of the year in which the member is appointed.
(3) A member of the Board may serve for no more than two consecutive full terms. A member who is appointed to fill a vacancy occurring during a term may serve two consecutive full terms in addition to the unexpired portion of the term during which the member is first appointed.
(4) The Governor shall designate a member of the Board to be its Chair. The Chair shall have general charge of the offices and employees of the Board.
(c) No member of the Board shall have a financial interest in any licensee under this title or 31 V.S.A. chapter 14, nor shall any member of the Board have a financial interest in any contract awarded by the Board or the Department of Liquor and Lottery.
(d) The Governor shall annually submit a budget for the Department to the General Assembly. (Amended 1959, No. 329 (Adj. Sess.), § 32, eff. March 1, 1961; 2011, No. 115 (Adj. Sess.), § 8, eff. May 9, 2012; 2015, No. 144 (Adj. Sess.), § 14; 2018, No. 1 (Sp. Sess.), § 9; 2021, No. 177 (Adj. Sess.), § 39, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 102. Removal

§ 102. Removal
Notwithstanding any provision of 3 V.S.A. § 2004 to the contrary, after notice and hearing, the Governor may remove a member of the Board of Liquor and Lottery for incompetency, failure to discharge his or her duties, malfeasance, immorality, or other cause inimical to the general good of the State. In case of such removal, the Governor shall appoint a person to fill the unexpired term. (Amended 2015, No. 144 (Adj. Sess.), § 15; 2018, No. 1 (Sp. Sess.), § 10.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 103. Meetings

§ 103. Meetings
The Board shall meet as may be required for the performance of its duties. The time and place for each meeting shall be designated by the Chair of the Board. The Chair shall call a meeting upon the written request of any two members or upon the written request of the Governor. (Amended 2017, No. 83, § 13.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 105. Duties of Attorney General

§ 105. Duties of Attorney General
The Attorney General shall collaborate with the Board of Liquor and Lottery for the enforcement of the provisions of subdivision 104(1) of this title. (Amended 2018, No. 1 (Sp. Sess.), § 12.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 106. Commissioner of Liquor and Lottery; reports; recommendations

§ 106. Commissioner of Liquor and Lottery; reports; recommendations
(a)(1) With the advice and consent of the Senate, the Governor shall appoint from among not fewer than three candidates proposed by the Board of Liquor and Lottery a Commissioner of Liquor and Lottery for a term of four years.
(2) The Board shall review the applicants for the position of Commissioner of Liquor and Lottery and by a vote of the majority of the members of the Board shall select candidates to propose to the Governor. The Board shall consider each applicant’s administrative expertise and his or her knowledge regarding the business of distributing and selling alcoholic beverages and administering the State Lottery.
(b) The Commissioner shall serve at the pleasure of the Governor until the end of the term for which he or she is appointed or until a successor is appointed. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2015, No. 144 (Adj. Sess.), § 16; 2018, No. 1 (Sp. Sess.), § 13.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 108. Enforcement by Board; rules; forms and reports

§ 108. Enforcement by Board; rules; forms and reports
The Board of Liquor and Lottery shall administer and enforce the provisions of this title and is authorized and empowered to adopt rules and issue the necessary blanks, forms, and reports, except reports to the Commissioner of Taxes and to the Commissioner of Public Safety, as may be necessary to carry out the provisions of this title. (Amended 2017, No. 83, § 13; 2018, No. 1 (Sp. Sess.), § 15; 2021, No. 105 (Adj. Sess.), § 151, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 110. Special brands; purchase by Commissioner of Liquor and Lottery

§ 110. Special brands; purchase by Commissioner of Liquor and Lottery
If a person desires to purchase any class, variety, or brand of spirits or fortified wine that a local agency or fortified wine permit holder does not have in stock, the Commissioner of Liquor and Lottery shall order the product upon the payment of a reasonable deposit by the purchaser in a proportion of the approximate cost of the order as prescribed by the rules of the Board of Liquor and Lottery. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1961, No. 30, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996; 2015, No. 51, § A.7, eff. Jan. 1, 2016; 2017, No. 83, § 13; 2018, No. 1 (Sp. Sess.), § 17.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 111. Transfer of local agency store in conjunction with sale of real property or business

§ 111. Transfer of local agency store in conjunction with sale of real property or business
(a) If a proposed sale of real estate or a business in which a local agency store is located is contingent on the transfer of the agency store’s contract with the Board to the buyer, the seller and buyer may, prior to completing the sale, submit to the Division a request to approve the transfer of the agency store’s contract to the buyer. The request shall be accompanied by any information required by the Division.
(b) The Division shall review the request and evaluate the buyer based on the standards for evaluating an applicant for a new agency store contract.
(c) Within 30 days after receiving the request and all necessary information, the Division shall complete the evaluation of the proposed transfer and notify the parties of whether the agency store’s contract may be transferred to the buyer.
(d)(1) If the transfer is approved, the contract shall transfer to the buyer upon completion of the sale.
(2) If the transfer is denied, the seller may continue to operate the agency store pursuant to the existing contract with the Board. (Added 1987, No. 188 (Adj. Sess.), § 3, eff. May 11, 1988; amended 2017, No. 83, § 13; 2018, No. 1 (Sp. Sess.), § 18.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 112. Liquor Control Enterprise Fund

§ 112. Liquor Control Enterprise Fund
The Liquor Control Enterprise Fund is established. It shall consist of all receipts from the sale of spirits, fortified wines, and other items by the Board of Liquor and Lottery and Division of Liquor Control; fees paid to the Division of Liquor Control for the benefit of the Division; all other amounts received by the Division of Liquor Control for its benefit; and all amounts that are from time to time appropriated to the Division of Liquor Control. (Added 1995, No. 63, § 278; amended 2005, No. 215 (Adj. Sess.), § 344; 2015, No. 51, § A.8, eff. Jan. 1, 2016; 2017, No. 83, § 13; 2018, No. 1 (Sp. Sess.), § 19.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 5 - Department of Liquor and Lottery › § 113. Administration of Department; apportionment of costs

§ 113. Administration of Department; apportionment of costs
The administrative and operating costs of the Department of Liquor and Lottery that are not specific to either the Division of Liquor Control or the Division of Lottery and the cost of any functions that are shared in common by the two Divisions shall be allocated to and paid from the Liquor Control Enterprise Fund and the State Lottery Fund based on generally accepted accounting principles. (Added 2018, No. 1 (Sp. Sess.), § 20.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 161. Licenses voted by town; town meetings; warning

§ 161. Licenses voted by town; town meetings; warning
(a) Upon petition of not less than five percent of the legal voters of any town, filed with the town clerk in conformance with 17 V.S.A. § 2642, the warning of the annual or special meeting shall contain an article providing for a vote upon the following questions:
Shall licenses for the sale of malt beverages, vinous beverages, and ready-to-drink spirits beverages be granted in this town?
Shall spirits and fortified wines be sold in this town?
The vote under the article shall be by ballot in the following form:
Shall licenses for the sale of malt beverages, vinous beverages, and ready-to-drink spirits beverages be granted in this town?
Yes ___ No ___
Shall spirits and fortified wines be sold in this town?
Yes ___ No ___
(b) Licenses and permits for the sale of malt beverages, vinous beverages, ready-to-drink spirits beverages, and spirits and fortified wines shall be issued according to the vote at the annual town meeting held in March 1969 until a town votes otherwise. (Amended 1967, No. 271 (Adj. Sess.), § 1, eff. April 15, 1969; 1977, No. 68, § 1; 2017, No. 83, § 14; 2021, No. 177 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 162. Report

§ 162. Report
After any annual town meeting in which a town votes on the questions set forth in section 161 of this title, the town clerk shall report promptly the results of the vote to the Board of Liquor and Lottery, upon forms furnished by the Board. (Amended 1967, No. 271 (Adj. Sess.), § 2, eff. April 15, 1968; 2017, No. 83, § 14; 2018, No. 1 (Sp. Sess.), § 22.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 163. Ballots; color

§ 163. Ballots; color
(a) Whenever a petition is filed under section 161 of this title, the town clerk shall print, at least two weeks before the annual or special meeting, blank ballots for the votes provided for in section 161 of this title in any color except yellow. The ballots shall be printed in a quantity equal to not less than one and one-tenth times the number of registered voters at the last preceding general election, as shown by the checklist.
(b) Upon each ballot shall be endorsed the words: “OFFICIAL BALLOT” followed by the name of the town in which it is to be used and the date of the election. The town clerk is authorized to use regular ballots for the requisite number of sample ballots by adding in type or print on the front of each ballot, the words: “SAMPLE BALLOT.” (Amended 1967, No. 271 (Adj. Sess.), § 3, eff. April 15, 1969; 1977, No. 68, § 2; 1979, No. 200 (Adj. Sess.), § 117; 2017, No. 83, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 164. Duties of ballot clerks and town clerks

§ 164. Duties of ballot clerks and town clerks
The board of civil authority, or the ballot clerks if directed by the board of civil authority, shall have charge of the ballots and perform the duties imposed upon ballot clerks and assisting clerks and be subject to the penalties imposed upon such officials by law. The town clerk shall perform the same duties in respect to the ballots as are imposed upon him or her by the provisions of law governing general elections, except as otherwise provided. (Amended 2017, No. 83, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 165. Hours of opening

§ 165. Hours of opening
The box for the reception of the ballots shall be opened at the hour the meeting is called and be closed when general voting ceases. (Amended 1977, No. 68, § 3; 2017, No. 83, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 166. Control commissioners

§ 166. Control commissioners
There shall be control commissioners in each town and city. The control commissioners shall be the selectboard members in each town and the city council members in each city. The town and city clerks shall be recording officers and clerks of the commissioners and be paid as provided in 24 V.S.A. §§ 932 and 933. (Amended 2017, No. 83, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 167. Duties of local control commissioners

§ 167. Duties of local control commissioners
(a) The local control commissioners shall administer the rules furnished to them by the Board of Liquor and Lottery, as necessary to carry out the purposes of this title. Except as provided in subsection (b) of this section, all applications for and forms of licenses and permits, and all rules, shall be prescribed by the Board of Liquor and Lottery, which shall prepare and issue the applications, forms, and rules.
(b) If the municipality so votes at a meeting duly warned for that purpose, the local control commissioners may, in the exercise of their authority under this title, condition the issuance of licenses and permits upon compliance, during the term of the license or permit, with any ordinance regulating entertainment or public nuisances that has been duly adopted by the municipality at a meeting duly warned for that purpose.
(c) The local control commissioners may, in the exercise of their authority under section 210 of this title, suspend or revoke a license or permit for a violation of any condition placed upon the issuance of the license or permit under subsection (b) of this section. (Amended 1987, No. 103, § 2; 1997, No. 162 (Adj. Sess.), § 1, eff. April 29, 1998; 2017, No. 83, § 14; 2018, No. 1 (Sp. Sess.), § 23.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 7 - Municipal Control › § 168. Unorganized places; control commissioners

§ 168. Unorganized places; control commissioners
In an unorganized town or gore, the supervisor shall be the control commissioner for the administration of the rules necessary to carry out the applicable provisions of this title. He or she may in his or her discretion issue and approve the issuance of licenses and permits as he or she finds will best serve the interests of the inhabitants. The provisions of sections 161-165 and 201 of this title, insofar as they relate to voting, shall not apply to unorganized towns and gores. (Added 1959, No. 162, eff. May 6, 1959; amended 2017, No. 83, § 14.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 201. Licenses contingent on town vote

§ 201. Licenses contingent on town vote
Licenses of the first or second class shall not be granted by the control commissioners or the Board of Liquor and Lottery to be exercised in any city or town, the voters of which vote “No” on the question of whether to permit the sale of malt beverages, vinous beverages, and ready-to-drink spirits beverages pursuant to section 161 of this title. Licenses of the third class shall not be granted by the Board of Liquor and Lottery to be exercised in any city or town, the voters of which vote “No” on the question of whether to sell fortified wines and spirits pursuant to section 161 of this title. (Amended 2017, No. 83, § 20; 2018, No. 1 (Sp. Sess.), § 24; 2021, No. 177 (Adj. Sess.), § 6, eff. July 1, 2022.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 202. Licenses to enforcement officer or control commissioner; exceptions

§ 202. Licenses to enforcement officer or control commissioner; exceptions
(a) No license of any class shall be granted to any enforcement officer or to any person acting in the officer’s behalf.
(b) A member of a local control commission to whom or in behalf of whom a first- or second-class license was issued by that commission shall not participate in any control commission action regarding any first- or second-class license. If a majority of the members of a local control commission is unable to participate in a control commission action regarding any first- or second-class license, that action shall be referred to the Board of Liquor and Lottery for investigation and action.
(c) An application for a first- or second-class license by or in behalf of a member of the local control commission or a complaint or disciplinary action regarding a first- or second-class license issued by a commission on which any member is a licensee shall be referred to the Board of Liquor and Lottery for investigation and action. (Amended 1979, No. 115 (Adj. Sess.), § 1; 1981, No. 139 (Adj. Sess.), § 2; 1991, No. 66, § 1, eff. June 18, 1991; 2009, No. 10, § 2, eff. May 5, 2009; 2017, No. 83, § 21; 2018, No. 1 (Sp. Sess.), § 25.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 203. Restrictions; financial interests; employees

§ 203. Restrictions; financial interests; employees
(a)(1) Except as provided in section 271 of this title, a packager, manufacturer, or rectifier licensed in Vermont or in another state; a certificate of approval holder; or a wholesale dealer shall not have any financial interest in the business of a first-, second-, or third-class licensee, and a first-, second-, or third-class licensee shall not have any financial interest in the business of a packager, manufacturer, or rectifier licensed in Vermont or in another state; a certificate of approval holder; or a wholesale dealer.
(2) Notwithstanding subdivision (1) of this subsection and except as otherwise provided in section 271 of this title, a manufacturer of malt beverages may have a financial interest in the business of a first- or second-class license, and a first- or second-class licensee may have a financial interest in the business of a manufacturer of malt beverages, provided the first- or second-class licensee does not purchase, possess, or sell the malt beverages produced by a manufacturer with which there is any financial interest. Any manufacturer of malt beverages that has a financial interest in a first- or second-class licensee and any first- or second-class licensee that has a financial interest in a manufacturer of malt beverages, as permitted under this subdivision, shall provide to the Division of Liquor Control and the applicable wholesale dealer written notification of that financial interest and the licensees involved. A wholesale dealer shall not be in violation of this section for delivering malt beverages to a first- or second-class licensee that is prohibited from purchasing, possessing, or selling those malt beverages under this section.
(b) An individual who is an employee of a wholesale dealer that does not hold a solicitor’s license may also be employed by a first- or second-class licensee on a paid or voluntary basis, provided that the employee does not exercise any control over, or participate in, the management of the first- or second-class licensee’s business or business decisions and that neither employment relationship results in the exclusion of any competitor wholesale dealer or any brand of alcoholic beverages of a competitor wholesale dealer. (Amended 1979, No. 103 (Adj. Sess.), § 2, eff. April 2, 1980; 2001, No. 143 (Adj. Sess.), § 10, eff. June 21, 2002; 2003, No. 24, § 1, eff. May 14, 2003; 2003, No. 27, § 1, eff. May 17, 2003; 2007, No. 94 (Adj. Sess.), § 1; 2013, No. 64, § 4; 2013, No. 72, § 25; 2017, No. 83, § 22; 2018, No. 1 (Sp. Sess.), § 26.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 205. Terms of permits, licenses, and certificates

§ 205. Terms of permits, licenses, and certificates
(a) All permits, licenses, and certificates shall expire one year after the date of issuance.
(b) A permit, license, or certificate may be renewed as follows:
(1) A first-class or second-class license, and an outside consumption permit associated with a first-class license, may be renewed by:
(A) payment of the fee provided in section 204 of this title;
(B) submission to the local control commissioners of an application demonstrating that the licensee satisfies all applicable rules and requirements; and
(C) approval of the Board of Liquor and Lottery as provided in section 221, 222, or 227 of this title.
(2) All other permits, licenses, and certificates may be renewed by:
(A) payment of the fee provided in section 204 of this title; and
(B) submission to the Board of Liquor and Lottery or the Division, as appropriate, of an application demonstrating that the holder satisfies all applicable rules and requirements. (Amended 1975, No. 44, § 4, eff. April 15, 1975; 1995, No. 63, § 278a; 2001, No. 143 (Adj. Sess.), § 12, eff. June 21, 2002; 2005, No. 202 (Adj. Sess.), § 3, eff. July 1, 2007; 2017, No. 83, § 24; 2018, No. 1 (Sp. Sess.), § 28; 2019, No. 154 (Adj. Sess.), § E.237.1, eff. Oct. 2, 2020.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 206. Disposal of fees

§ 206. Disposal of fees
The control commissioners shall collect all fees for first- and second-class licenses and shall pay the fees to the Division and the city and town treasurers of the respective cities and towns where the fees are collected as provided in subsection 204(b) of this chapter. The portion of each fee paid to the city or town may be used as it may direct, less a fee of $5.00 to be retained by the city or town clerk as a fee for issuing and recording the license. Except as otherwise provided in sections 274 and 275 of this title, fees for all other licenses shall be paid to the Board of Liquor and Lottery. (Amended 1971, No. 84, § 1; 1979, No. 161 (Adj. Sess.), § 1; 2001, No. 143 (Adj. Sess.), § 13, eff. June 21, 2002; 2017, No. 83, § 25; 2018, No. 1 (Sp. Sess.), § 29.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 207. Change of location

§ 207. Change of location
If a licensee desires to change the location of its business before the expiration of its license, the licensee may submit an application to the Board of Liquor and Lottery, which may amend the license to cover the new premises without the payment of any additional fee. (Amended 2017, No. 83, § 26; 2018, No. 1 (Sp. Sess.), § 30.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 209. Bankruptcy, death, and revocation

§ 209. Bankruptcy, death, and revocation
(a) If a licensee or permittee becomes bankrupt or dies before the expiration of its license or permit, the licensee’s or permittee’s trustee, executor, or administrator may sell the alcohol that came into its possession to a holder of a license or permit of the same class.
(b) If a license or permit is revoked under the provisions of this title, after the revocation, the licensee or permittee may sell the alcohol in its possession at the time of the revocation to a holder of a license or permit of the same class.
(c)(1) All sales under this section shall be made within 30 days after the bankruptcy, death, or revocation and shall include immediate and actual delivery of the alcohol.
(2) Notwithstanding subdivision (1) of this subsection, upon application of the executor or administrator of a deceased licensee or permittee, the Board may transfer the license or permit of the decedent to the executor or administrator without payment of any additional fee, and the executor or administrator may then carry on the business of the decedent under the license or permit until its expiration.
(d)(1) The holder of a manufacturer’s or rectifier’s license may pledge or mortgage alcoholic beverages manufactured or rectified by the licensee, and the pledgee or mortgagee may retain possession of the alcoholic beverages and, if the licensee defaults, may sell and dispose of the alcoholic beverages to persons to whom the licensee might lawfully sell the alcoholic beverages, subject to the same restrictions and regulations as the licensee and to any further restriction or rules prescribed by the Board of Liquor and Lottery with respect to advance notice to it of the sale and determination by it of the persons entitled to buy and the manner of the sale.
(2) Any sale pursuant to a default on a pledge or mortgage shall not be at public auction as required with respect to similar sales of other property but shall be upon not less than 10 days’ notice to the pledgor or mortgagor and for the highest amount that may be offered pursuant to the rules of the Board of Liquor and Lottery. (Amended 2001, No. 143 (Adj. Sess.), § 14, eff. June 21, 2002; 2017, No. 83, § 28; 2018, No. 1 (Sp. Sess.), § 31.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 211. Hearing officers

§ 211. Hearing officers
(a) The Chair of the Board of Liquor and Lottery may appoint a hearing officer to conduct hearings pursuant to section 210 of this title. A hearing officer may be a member of the Board appointed under section 210 of this title.
(b) The hearing officer may administer oaths in all cases, so far as the exercise of that power is properly incidental to the performance of the hearing officer’s duty or that of the Board. A hearing officer may hold any hearing in any matter within the jurisdiction of the Board.
(c) The hearing officer shall make findings of fact in writing to the Board in the form of a proposal for decision. A copy of the proposal for decision shall be served upon the parties pursuant to 3 V.S.A. § 812. Judgment on the hearing officer’s proposal for decision shall be rendered by a majority of the Board.
(d) At least 10 days prior to a hearing, the hearing officer shall give written notice of the time and place of the hearing to all parties in the case and shall indicate either that the hearing will be before the Board or the name and title of the person designated to conduct the hearing.
(e) The Chair may appoint a hearing officer to hear and finally determine any complaint involving a tobacco license. In such a case, the hearing officer may impose administrative penalties as provided in subsection 210(b) of this title. (Added 1997, No. 58, § 8; amended 2017, No. 83, § 30; 2018, No. 1 (Sp. Sess.), § 33.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 212. Complaints and prosecutions

§ 212. Complaints and prosecutions
The Commissioner of Liquor and Lottery or the local control commissioners shall make complaint to the State’s Attorney or other designee of the legislative body of the municipality of any unlawful furnishing, selling, or keeping for sale of alcohol or alcoholic beverages and provide evidence in support of the complaint to the State’s Attorney or that municipal designee, who shall prosecute for the alleged violation. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 2017, No. 83, § 31; 2017, No. 93 (Adj. Sess.), § 5; 2018, No. 1 (Sp. Sess.), § 34.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 214. Proof of financial responsibility

§ 214. Proof of financial responsibility
(a) Any first-, second-, or third-class licensee whose license is suspended by the local control commissioners or suspended or revoked by the Board of Liquor and Lottery for selling or furnishing alcoholic beverages to a minor, to a person apparently under the influence of alcohol, to a person after legal serving hours, or to a person who it would be reasonable to expect would be intoxicated as a result of the amount of alcoholic beverages served to that person shall be required to furnish to the Commissioner a certificate of financial responsibility within 60 days of the commencement of the suspension or revocation or at the time of reinstatement of the license, whichever is later. Financial responsibility may be established by any one or a combination of the following: insurance, surety bond, or letter of credit. Coverage shall be maintained at not less than $25,000.00 per occurrence and $50,000.00 aggregate per occurrence. Proof of financial responsibility shall be required for license renewal for the three years following the suspension or revocation.
(b)(1) Proof of financial responsibility and completion of the licensee education program established in section 213 of this title shall be conditions for a licensee to be permitted to resume operation after a suspension or revocation for any of the reasons in subsection (a) of this section.
(2) However, at the discretion of the suspending or revoking authority, the licensee may receive a provisional license prior to the time these conditions are met in order to allow for compliance with the education requirement or to obtain the certificate of financial responsibility. A provisional license may not be issued for a period exceeding 60 days. (Added 1987, No. 103, § 3; amended 2017, No. 83, § 33; 2018, No. 1 (Sp. Sess.), § 36.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 9 - Licensing › § 215. Authority for criminal background checks

§ 215. Authority for criminal background checks
Subject to the approval of the Board, the Commissioner shall establish a user agreement with the Vermont Crime Information Center in accordance with 20 V.S.A. chapter 117 for the purpose of obtaining Vermont criminal history records, out-of-state criminal history records, and criminal history records from the Federal Bureau of Investigation to review applications for any liquor or tobacco license issued under this title. (Added 2021, No. 177 (Adj. Sess.), § 37, eff. July 1, 2022.)