Ala. Admin. Code r. 20-X-7-.11

Current through Register Vol. 42, No. 12, September 30, 2024

Section 20-X-7-.11 - Spirits Tastings

Spirits tastings may be permitted subject to the following terms and conditions:

(a) Spirits tastings are permitted to be conducted on any premises holding an ABC retail license to sell spirits.

(b) All spirit tasting events shall be subject to the following requirements:

1. Notification shall be given by the licensee to the Board seven (7) days prior to the tasting event.

2. Only products which have been approved for sale within the state may be used in tastings.

3. The products used shall be designated for tasting use only and shall not be sold and/or consumed otherwise.

4. Those conducting the tasting shall maintain proof of purchase for the products.

5. Spirits tastings shall be of a structured nature and not exceed a period of 2 1/2 continuous hours.

6. All spirits shall be dispensed from original containers prepared by the manufacturer with labels visible to the consumer. Individual samples furnished to a consumer shall contain no more than one-half ounce of the spirits. No more than three (3) samples may be furnished to a consumer in one calendar day.

7. Spirits tastings shall be conducted by licensed manufacturers or their representative on any of the licensed premises referred to in (1)(a) above. The representative shall be permitted to conduct spirits tastings utilizing its own personnel, or industry representatives who have permits and identification, with assistance from retail personnel if desired. At all tastings, the manufacturer or manufacturer's representative shall provide for purposes of the promotion, a person with a sufficient knowledge of the product(s) involved to conduct the tastings.

8. Any product with a broken seal shall be removed from the licensees' premises at the end of the tasting event.

9. All cost of a spirits tasting, including the cost of the spirits, shall be borne by the licensee on whose premises the spirits tasting is held.

(c) All spirit tasting events shall be subject to the following restrictions:

1. Tastings shall not be offered to any consumer who is under the age of 21 or who appears, considering the totality of the circumstances, to be intoxicated.

2. The tasting area shall be confined to the licensed premises, in a designated area, so as to separate the event from any point-of-sales of alcoholic beverages. Tastings shall not be conducted on a patio, or parking area that is outside the licensed premises. This restriction does not prohibit a special event licensee from conducting an outdoor tasting event. A special event retail licensee shall be required to designate one area within the licensed premises to conduct tastings.

3. The tasting area shall contain at a minimum one table. The manufacturer or its representative shall be present at the table during the duration of the tasting event.

4. Only the product shall be served at the tasting event. Non-alcoholic mixers may be added.

5. Other than purchases allowed by license type and that are necessary for a planned tasting event, no licensee shall receive payment or any other consideration, directly or indirectly, from any other licensee.

6 No promotions, sweepstakes, prizes, or contests shall be held during a tasting event.

7 No signs or banners advertising the event shall be placed outside the licensed premises.

(d) The licensee shall be held responsible for a tasting event held on their licensed premises.

(e) The Board may, itself initiate, investigate and, if appropriate, disapprove and prohibit the continued tastings by any licensee found to be conducting tastings in violation of the applicable state laws and ABC Rules and Regulations.

(f) Additional requirements for state liquor stores and for private package stores- lounge retail liquor - Class II:

1. Tastings shall commence no later than six o'clock p.m. and not exceed a period of two hours.

2. Individual samples furnished to a consumer shall contain no more than one-quarter ounce of the spirits.

3. Tastings shall be conducted at no charge, either directly or indirectly, to the customer.

Ala. Admin. Code r. 20-X-7-.11

New Rule: Filed May 2, 2001; effective June 6, 2001.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 01, October 30, 2016, eff. 11/27/2016.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: ABC Board

Statutory Authority:Code of Ala. 1975, §§ 28-3-49, 28-3A-20.2.