Samples, Giveaways, Tasting and Homebrew – Clearing Up the Confusion Presenter: Jack Chism, Agent in Charge

Tastings Tastings – Retail Liquor Stores Tastings must be done by a person who has completed seller/server training and must be an employee of the licensee. Alcohol must be purchased from a wholesaler, not below laid in cost One ounce of male or vinous liquor, one-half ounce of spirituous liquor Shall not exceed a total of 5 hours, done Monday – Saturday (no Sundays), 4 out of the 6 days, no more than 104 days per year Tasting done during normal operating hours, no earlier than 11 am and no later than 7 pm No patrons can leave the premises with the samples Licensee must remove open and unconsumed alcohol from the licensed premises or destroy the samples immediately following the completion of tasting Shall not serve anyone under 21 yoa No more than 4 samples per individual Samples provided free of charge

Wholesaler Consumer Samples (B) On Site Sales Promotion (Hand Sales) Wholesalers may purchase items from a retailer’s stock alcohol products to provide to consumers for off premise consumption. Going through the rule making process, this could change.

Tastings at Retail Locations Tastings at Retail locations - Supplier-sponsored consumer sampling of alcohol beverages that is held in establishments licensed for on premises consumption for the purpose of product sales promotion, are permitted under the following conditions: Product used for sampling must be invoiced by a supplier, who is authorized to sell alcohol beverages to licensed retailers as if sold to the retailer. A retailer may not impose any charge to the consumer to enter or participate in the sampling. If all product listed in the sales invoice is consumed as permitted herein, the supplier may issue the retailer a credit against the entire amount of the original invoice. Any remaining product must be returned to the wholesaler, or sold to the retailer at a minimum of the seller's cost. Supplier representatives or their authorized agents may provide alcohol beverage samples directly to the consumer, if the product has been delivered to the retail premises pursuant to the conditions described herein, and the retailer has so consented. Suppliers may provide or pay for any media announcement of a supplier-sponsored consumer sampling that primarily advertises the product, the location, and the date and time of the sampling. The name of the retail outlet may also be mentioned.

Samples for Retailers – On Premises Alcohol Beverage Samples for Retailers – Wholesalers, or those licensed to sell at wholesale, may furnish or give a limited amount of alcohol beverage samples to retailers licensed solely for on-premises under the following conditions: The retailer's class of liquor license permits the sale of the type of beverage offered as a sample. The providing of samples is not conditioned upon future purchases of alcohol beverages, or as compensation for any previous alcohol beverage purchase. The retailer has not purchased the product SKU of the alcohol beverage offered as a sample within the previous six (6) months. The wholesaler provides not more than 3.0 liters per brand of spirituous liquor, not more than 3.0 liters per brand of vinous liquor, and not more than one six-pack, or 72-ounce equivalent, per brand of malt liquor or fermented malt beverage so packaged. If a particular brand is not available in a size meeting the quantity limitations stated herein, a wholesaler may furnish the next available larger size. Only the retailer and its employees are authorized to taste or test those alcohol beverages given as samples, as provided herein. Nothing shall authorize a retailer to sell any samples provided or to use such the same for consumer tastings.

Samples for Retailers – Off Premises Wholesalers, or those licensed to sell at wholesale, may furnish or give a limited amount of alcohol beverage samples to retailers licensed solely for off-premises under the following conditions: The retailer's class of liquor license permits the sale of the type of beverage offered as a sample. The providing of samples is not conditioned upon future purchases of alcohol beverages, or as compensation for any previous alcohol beverage purchase. The wholesaler provides not more than 3.0 liters per brand of spirituous liquor, not more than 3.0 liters per brand of vinous liquor, and not more than one six- pack per brand of malt liquor or fermented malt beverage so packaged. If a particular brand is not available in a size meeting the quantity limitations stated herein, a wholesaler may furnish the next available larger size. The wholesaler is present at the time of consumption and maintains sole possession of the container after sampling. Samples, in the quantities described herein, may be left in the retailer's possession if the container seal is left intact.

Homebrews Family Use – means the same as a legally purchased six pack of beer for personal consumption. You can transport it, you can share it with people you know, but you can’t drink it in public, give it to a minor, or sell it. Homebrew cannot be sampled in a public place. Public – means anywhere the public is allowed to go. Therefore a homebrew shop during open hours would be a public place. An office in a homebrew shop that is not normally accessible to customers is not considered public. A homebrew shop after closing is not public, a private residence, condo club house, etc. are not considered public. Customers can bring a homebrew, sealed container, product into a homebrew shop to get feedback, but only if the sampling is done in a private location, such as an office. Events where homebrew is served cannot be advertised publicly, such as on a website or via social media, unless the advertising expressly limits participation to select group of people (e.g. members of a club or competition judges/stewards).

Homebrews – Continued A brewing demonstration, such as a Big Brew event is okay at a homebrew shop. Limited sampling, such as a toast among the participants is okay, so long as the samples aren’t given to customers and are just consumed by the event participants. This must be a private event Samples offered at a homebrew class given at a homebrew supply shop are okay, but only if the class is offered for free and is in private. BJCP classes where homebrew or commercial beer purchased at retail is served for education purposes is okay at private locations. At a licensed establishment, such as a brewery, any commercially produced beer served must be procured through proper channels, such as a wholesaler. Beer purchased at retail, cannot be brought into a licensed establishment for sampling. Competition drop off locations must be licensed premises where consumption of malt liquor is allowed. Only the producer can transport their beer, thus drop off location must be the judging location as well, since no one else can transport the beer. If the competition location is using a Special Event Permit (usually valid for 1-2 days), they can specify where the entries will be received/stored prior to the permit going into effect at the time of application.