Vermont Statutes Title 7 Sec. 210
Terms Used In Vermont Statutes Title 7 Sec. 210
- Alcohol: means the product of distillation, fermentation, or chemical synthesis, including alcoholic beverages, ethyl alcohol, and nonpotable alcohol. See
- Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
- Control commissioners: means the commissioners of a municipality appointed under section 166 of this title. See
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Division: means the Division of Liquor Control in the Department of Liquor and Lottery. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Third-class license: means a license granted by the Board of Liquor and Lottery permitting the licensee to sell spirits and fortified wines for consumption only on the premises for which the license is granted. See
§ 210. Suspension or revocation of license or permit; administrative penalty
(a)(1) The control commissioners or the Board of Liquor and Lottery shall have power to suspend or revoke any permit or license granted pursuant to this title in the event the person holding the permit or license shall at any time during the term of the permit or license conduct its business in violation of this title, the conditions pursuant to which the permit or license was granted, or any rule prescribed by the Board of Liquor and Lottery.
(2) No revocation shall be made until the permittee or licensee has been notified and given a hearing before the Board of Liquor and Lottery, unless the permittee or licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title.
(3) In the case of a suspension, the permittee or licensee shall be notified and given a hearing before the Board of Liquor and Lottery or the local control commissioners, whichever applies.
(4) Any decision to suspend or revoke a license shall be issued in writing and set forth the reasons for the suspension or revocation and, if applicable, the duration of the suspension.
(5) A tobacco license may not be suspended or revoked for a first-time violation. Suspension or revocation of a tobacco license shall not affect any liquor license held by the licensee.
(b)(1) In addition to the authority to suspend or revoke any permit or license, the Board of Liquor and Lottery may impose an administrative penalty of up to $7,500.00 per violation against a holder of a wholesale dealer’s license or a holder of a first-, second-, or third-class license for a violation of the conditions of the license or of this title or of any rule adopted by the Board.
(2) The administrative penalty may be imposed after a hearing before the Board or after the licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title.
(3) The Board may also impose an administrative penalty under this subsection against a holder of a tobacco license of up to $250.00 for a first violation and up to $2,500.00 for subsequent violations.
(4) For the first violation during a tobacco or alcohol compliance check during any three-year period, a licensee or permittee shall receive a warning and be required to attend a Division server training class.
(c) For suspension or revocation proceedings involving a tobacco license or the imposition of an administrative penalty against a tobacco licensee under this section, the Commissioner, a Board member designated by the Chair, or a hearing officer designated by the Chair pursuant to section 211 of this title may conduct the hearing and render a decision.
(d)(1) The Board shall subpoena any person in this State to appear for a hearing or for a deposition in the same manner as prescribed for judicial procedures.
(2) Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the Board as are paid in Superior Court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1989, No. 197 (Adj. Sess.); 1991, No. 70, § 3, eff. May 1, 1992; 1993, No. 11, § 1, eff. April 27, 1993; 1997, No. 58, § 7; 2001, No. 147 (Adj. Sess.), § 1, eff. June 21, 2002; 2017, No. 83, § 29; 2018, No. 1 (Sp. Sess.), § 32; 2019, No. 73, § 5.)