Vermont Statutes Title 7 Sec. 223
Terms Used In Vermont Statutes Title 7 Sec. 223
- Alcoholic beverages: means malt beverages, vinous beverages, spirits, ready-to-drink spirits beverages, and fortified wines. See
- Board of Liquor and Lottery: means the board of control appointed under the provisions of chapter 5 of this title. See
- Boat: means a vessel suitably equipped and operated for the transportation of passengers in interstate commerce. See
- Club: means an unincorporated association or a corporation authorized to do business in this State that has been in existence for at least two consecutive years prior to the date of application for a license under this title and owns, hires, or leases a building or space in a building that is suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and contains suitable and adequate kitchen and dining room space and equipment implements and facilities. See
- Control commissioners: means the commissioners of a municipality appointed under section 166 of this title. See
- Dining car: means a railroad car on which meals are prepared and served. See
- Fortified wines: means vinous beverages, including those to which spirits have been added during manufacture, containing at least 16 percent alcohol but not more than 23 percent alcohol by volume at 60 degrees Fahrenheit and all vermouths containing not more than 23 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
- 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
§ 223. Third-class licenses
(a) The Board of Liquor and Lottery may grant to a person who operates a hotel, restaurant, club, boat, or railroad dining car, or who holds a manufacturer’s or rectifier’s license, a third-class license if:
(1) the person files an application accompanied by the fee provided in section 204 of this title for the premises in which the business of the hotel, restaurant, club, or manufacturer or rectifier is carried on or for the boat or railroad dining car;
(2) the local control commissioners have approved the application; and
(3) the applicant satisfies the Board that:
(A) the applicant is the bona fide owner or lessee of the premises, boat, or railroad dining car;
(B) except in the case of clubs or holders of a manufacturer’s or rectifier’s license, the premises, boat, or railroad dining car has adequate and sanitary space and equipment for preparing and serving meals to the public; and
(C) the premises, boat, or railroad dining car is operated for the purpose covered by the license.
(b) A third-class license holder may sell spirits and fortified wines for consumption only on the licensed premises, boat, or railroad dining car.
(c) The holder of a third-class license may permit a customer to:
(1) possess or carry no more than two open containers of alcoholic beverages; and
(2) maintain control over his or her open container of alcoholic beverages at all times while on the licensed premises, boat, or railroad dining car.
(d)(1) Except as otherwise provided in subdivisions (2) and (3) of this subsection, a person who holds a third-class license shall purchase from the Board of Liquor and Lottery all spirits and fortified wines dispensed in accordance with the provisions of the third-class license and this title.
(2) For a third-class license issued for a dining car or boat, the licensee may procure outside the State of Vermont spirits and fortified wines that are sold pursuant to the license.
(3) For a third-class license that is issued to a licensed manufacturer or rectifier of spirits or fortified wines, the licensee shall not be required to purchase from the Board of Liquor and Lottery spirits and fortified wines that it has manufactured or rectified before selling them pursuant to its third-class license.
(e) No person under 18 years of age shall be employed by a third-class licensee as:
(1) a bartender for the purpose of preparing, mixing, or dispensing alcoholic beverages; or
(2) a waitress or waiter for the purpose of serving alcoholic beverages. (Amended 1971, No. 90, § 3; 2003, No. 79 (Adj. Sess.), § 2; 2005, No. 96 (Adj. Sess.), § 1, eff. March 9, 2006; 2015, No. 51, § A.10, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 6; 2017, No. 83, § 36; 2017, No. 113 (Adj. Sess.), § 39; 2018, No. 1 (Sp. Sess.), § 39; 2019, No. 73, § 46; 2019, No. 146 (Adj. Sess.), § 2, eff. July 13, 2020.)