(a) As used in this Code section, the term:
(1) "Distillery tour" means guided access to the manufacturing portion of the licensed premises of a distiller.
(2) "Free souvenir" means a complimentary sealed container of distilled spirits.
(3) "Free tastings" means the provision of complimentary samples of distilled spirits to the public for consumption on the premises of a distiller.
(4) "Sample" means one-half of one ounce of distilled spirits.
(b) (1) A distiller licensed in this state may apply to the commissioner for an annual permit authorizing such distiller to conduct educational and promotional distillery tours on the licensed premises of the distiller, free of charge or for a fee, which may include:
(A) Free souvenirs;
(B) Free food; and
(C) Free tastings.
(2) (A) No distiller providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall be a single bottle of distilled spirits, containing not more than 750 milliliters of distilled spirits manufactured by the distiller on the licensed premises.
(B) No distiller conducting free tastings under this Code section shall provide, directly or indirectly, more than the three samples to a person in one calendar day. Free tastings shall consist of distilled spirits manufactured by the distiller on the licensed premises. Free tastings shall be held in a designated tasting area on the premises of the distiller, and all open bottles containing distilled spirits shall be visible at all times.
(3) Free souvenirs shall only be provided after the distillery tour and only to individuals who have attended a distillery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a distillery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting.
(4) The distiller shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection.
(c) A distiller may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages.
(d) If a distiller chooses to charge a fee for a distillery tour pursuant to subsection (b) of this Code section, such distiller may charge varying fees for the distillery tours, provided that such fees are charged prior to the beginning of such tour. The provision of distilled spirits by a distiller as part of a distillery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages.
(e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section.
(f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section.
Section: 3-4-180Last modified: October 14, 2016