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Terms Used In Vermont Statutes Title 7 Sec. 274

  • Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
  • Certificate of approval: means a license granted by the Board of Liquor and Lottery to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages that is not licensed under the provisions of this title that permits the licensee to sell those beverages to holders of a packager's or wholesale dealer's license. See
  • Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Malt beverages: means all fermented beverages of any name or description manufactured for sale from malt, wholly or in part, or from any malt substitute, known as, among other things, beer, ale, or lager, containing not less than one percent nor more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Spirits: means beverages that contain more than one percent alcohol obtained by distillation, by chemical synthesis, or through concentration by freezing; vinous beverages containing more than 23 percent alcohol; and malt beverages containing more than 16 percent alcohol by volume at 60 degrees Fahrenheit. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Vinous beverages: means all fermented beverages of any name or description manufactured or obtained for sale from the natural sugar content of fruits or other agricultural product, containing sugar, the total alcoholic content of which is not less than one percent nor more than 16 percent by volume at 60 degrees Fahrenheit. See

§ 274. Certificate of approval for distribution of malt beverages, vinous beverages, or ready-to drink spirits beverages

(a) The Board of Liquor and Lottery may grant to a manufacturer or distributor of malt beverages, vinous beverages, or ready-to-drink spirits beverages that is not licensed under the provisions of this title a certificate of approval if the manufacturer or distributor does all of the following:

(1) Submits an application on a form prescribed by the Board, including any additional information that the Board may deem necessary.

(2) Agrees to comply with the rules of the Board.

(3) Pays the fee provided in section 204 of this title to the Division of Liquor Control by a certified check payable to the State of Vermont or another form of payment approved by the Board of Liquor and Lottery. If the Board does not grant the application, the certified check or payment shall be returned to the applicant.

(b) A certificate of approval shall permit the holder to export malt beverages, vinous beverages, or ready-to-drink spirits beverages or sell malt beverages, vinous beverages, or ready-to-drink spirits beverages to holders of packagers’ or wholesale dealers’ licenses issued under section 272 or 273 of this title, or both.

(c) A holder of a packager’s or a wholesale dealer’s license issued under this title shall not purchase within or outside the State, or import or cause to be imported into the State, any malt beverages, vinous beverages, or ready-to-drink spirits beverages unless the person, manufacturer, or distributor from which the beverages are obtained holds a valid certificate of approval or packager’s license.

(d)(1) The Board of Liquor and Lottery may suspend or revoke a certificate of approval if the holder fails to comply with the rules of the Board or to submit reports to the Commissioner of Taxes in accordance with all applicable laws and rules.

(2)(A) A certificate of approval shall not be revoked unless the holder has been given a hearing following reasonable notice.

(B) Notice of a revocation or suspension shall be sent to each holder of a packager’s or wholesale dealer’s license prior to the effective date of the revocation or suspension.

(e) A person who violates a provision of this section shall be fined not more than $750.00 or imprisoned not more than one year, or both, for each offense and shall forfeit any license issued under the provisions of this title. (Added 2017, No. 83, § 58; amended 2018, No. 1 (Sp. Sess.), § 59; 2019, No. 73, § 7; 2021, No. 177 (Adj. Sess.), § 22, eff. July 1, 2022.)