Section 1504 - Samples of spirits productsA person licensed under section 1502 as a sales representative for a spirits supplier may give a retail licensee samples of spirits under the following conditions: [2021, c. 658, §260(AMD).]
1.Invoice required. The spirits must be accompanied by an invoice; [2021, c. 658, §260(AMD).]
2.Product registered. The spirits must be listed by the commission for sale in this State and clearly labeled as a sample; [2021, c. 658, §260(AMD).]
3.Taxes paid.[2019, c. 404, §28(RP).]
3-A.Partial-bottle spirits samples.[2021, c. 658, §260(RP).]
4.Sampling record; prohibited recipients. The sales representative who provides the sample shall maintain a log stating the names of the agency liquor store or on-premises retail licensee to whom a full-bottle sample is given under subsection 5 or the person to whom a partial-bottle sample of spirits is given under subsection 6 and the amount of that partial-bottle sample. The person to whom the sales representative gives spirits samples under this section may not be a minor or a visibly intoxicated person; [2021, c. 658, §260(AMD).]
5.Full-bottle samples. The maximum amount of unopened full-bottle samples of spirits given to a retail licensee by a sales representative may not exceed 6 liters per year per distillery represented by that sales representative. Individual samples may not exceed one liter. A full-bottle sample is an unopened bottle of spirits provided to an agency liquor store or an on-premises retail licensee licensed to sell spirits; [2021, c. 658, §260(AMD).]
6.Partial-bottle samples. Bottles of spirits designated for partial-bottle sampling must be properly sealed between samplings. Samples poured from a bottle of spirits designated for partial-bottle sampling may be provided only: A. On the premises of a retailer licensed to sell spirits for on-premises consumption to the owner of or a supervisory or managerial employee of the retailer; or [2021, c. 658, §260(NEW).]B. On the premises of an agency liquor store to the owner of or a supervisory or managerial employee of the agency liquor store; [2021, c. 658, §260(NEW).] [2021, c. 658, §260(AMD).]
7.Records maintained. Records of samples given or received under this section must be maintained for a 2-year period by the sales representative and the retail licensee that gave or received the samples; and [2021, c. 658, §260(AMD).]
8.Access to samples. A sales representative shall request samples from bailment inventory of a spirits supplier housed at the wholesale spirits provider's warehouse for the purposes described under this section. [2021, c. 658, §260(AMD).]
Amended by 2022, c. 658,§ 260, eff. 8/8/2022.Amended by 2019, c. 404,§ 28, eff. 9/19/2019.Amended by 2017, c. 35,§ 2, eff. 11/1/2017.Amended by 2012, c. 629,§§ 31, 32, eff. 8/30/2012.2007, c. 113, § 1 (NEW) . 2007, c. 695, Pt. E, §1 (AMD) .