§37A-6-109. Prohibited acts of mixed beverage, beer and wine,
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bottle club, caterer, charitable event, public event or special event licensees or employee, manager, operator or agent thereof.
No mixed beverage, beer and wine, bottle club, caterer, charitable event, public event or special event licensee or any employee, manager, operator or agent thereof shall:
1. Consume or be under the influence of alcoholic beverages during the hours he or she is on duty. For the purposes of this section, licensees will be deemed to be on duty from the time the licensee first comes on duty until the time the licensee goes off
duty at the end of the shift including any break periods permitted by management. This paragraph shall not apply for purposes of employee education training; provided, that:
a. all tastings are conducted on a licensed premises and
under the direct supervision of the licensee,
b. all samples shall be poured by a licensee who is
lawfully permitted to serve alcoholic beverages in
this state,
c. all tastings shall be restricted to employees who are
twenty-one
(21)years of age or older,
d. all participation in tastings for educational purposes
may be required by an employer; however, the choice to
taste or consume alcoholic beverages shall always be
voluntary, and
e. no employee may be required to taste or consume
alcohol at tastings as a condition of employment.
An educational tasting of beer may consist of not more than six separate individual beers of not more than two
(2)ounces each, served together at one time. No employee may sample more than a total of twelve
(12)fluid ounces of beer per day. An educational tasting of wine may consist of not more than six separate individual wines of not more than one
(1)ounce each, served together at one time. No employee may sample more than a total of six
(6)fluid ounces of wine per day. An educational tasting of spirits shall consist of not more than three separate individual spirits of not more than one-half (0.5) ounce each, served together at one time. No employee may sample more than a total of one and one-half (1.5) fluid ounces of spirits per day. An education tasting of a mixed beverage shall consist of not more than one individual mixed beverage consisting of not more than twelve
(12)ounces of beer, six
(6)ounces of wine, or one and one-half (1.5) ounces of spirits, combined with an unlimited amount of ingredients that are non- alcoholic in nature, served at one time. No employee may sample more than a total of twelve
(12)ounces of beer, six
(6)ounces of wine, or one and one-half (1.5) ounces of spirits in a mixed beverage per day. Only one type of alcoholic beverage, beer, wine, spirits, or mixed beverage shall be allowed at any educational training tasting. No combination tasting shall be allowed. Employees who choose to taste an alcoholic beverage but do not wish to consume the alcoholic beverage shall be allowed to spit the beverage into a cup for disposal. Employees may participate in educational tastings before, during, or after regular business hours unless otherwise prohibited by law. All licensees serving samples of beer shall ensure that all samples are poured only from original sealed packaging and any alcoholic beverages remaining in unsealed packaging used to provide samples, excluding spirits and wine, are poured out by the end of the day. No more than six bottles of
alcoholic beverages may be unsealed at any given time during a tasting. All packaging containing samples of wine and spirits shall be clearly marked as a sample and any unused portions of the sample of wine or spirits shall be resealed and retained by the wine and spirits wholesaler for use at the next tasting authorized in this paragraph. Wine and spirits wholesaler employees may transport any resealed samples of wine and spirits in their vehicles. Beer, wine, and spirits samples shall not be considered withdrawn from the inventory of the beer distributor or wine and spirits wholesaler for purposes of the collection of the excise tax on beer, wine, and spirits.
Straw testing during operating hours shall be permitted. Tastings offered to licensees by wine and spirits wholesalers and beer distributors shall not be deemed discrimination or an inducement under Section 3-123 of this title. This paragraph shall not apply to any person who works on the premises as an entertainer only;
2. Permit or tolerate any conduct or language which is intended to threaten another with physical harm or any fighting or offensive physical contact, in or upon the licensed premises or areas just outside the licensed premises which are controlled by the licensee;
3. Permit empty or discarded alcoholic beverage containers to be in public view outside the licensed premises. All empty or discarded containers shall be disposed of in accordance with ABLE Commission rules and regulations;
4. Permit any illegal gambling activity, violations of the state narcotic and dangerous drug laws, prostitution activity or any other criminal conduct to occur on the licensed premises;
5. Refuse or fail to promptly open a door to the licensed premises upon request of an employee of the ABLE Commission or any other peace officer to enter the premises when the licensee or employee knows or should know that such request is made by an employee of the ABLE Commission or a peace officer. This provision shall not be construed to deny employees of the ABLE Commission or peace officers access at any time to any licensed premises;
6. Permit a sealed or unsealed container of alcoholic beverage to be removed from the licensed premises. Provided, that restaurants, hotels and motels may permit the removal of closed original wine containers the contents of which have been partially consumed and bottle clubs may permit the removal by a club member of closed original containers of alcoholic beverages belonging to members. The provisions of this paragraph shall not be construed to prohibit or restrict:
a. hotels or motels who are holders of mixed beverage or
on-premises beer and wine licenses from allowing
alcoholic beverages to be served away from the bar
area anywhere on the licensed premises,
b.
licensees, who are lawfully operating in a facility or
on property owned or operated by any agency, political
subdivision or public trust of this state, from
allowing persons to transport alcoholic beverages from
one licensed premises to another within the same
building or property, provided that the building or
property or a part thereof is defined as a common
drinking area for consumption of alcohol by resolution
of the governing body of the agency, political
subdivision or public trust of this state,
c. licensees, who are licensed to operate in a facility
or on property owned or operated by any agency,
political subdivision or public trust of this state,
from allowing other licensees to operate on their
licensed premises for events that are temporary in
nature. In the event that multiple licensees are
operating in a facility or on property owned or
operated by any agency, political subdivision or
public trust of this state, each licensee shall be
responsible for violations occurring in their area
designated to be their temporary licensed premises, or
d. licensees, who are lawfully operating in a facility or
property intended for multiple licensed premises
within the facility and which also contains a common
use area, from allowing persons to transport alcoholic
beverages within the entire premises, which shall be
designated by the ABLE Commission as a common drinking
area for the consumption of alcoholic beverages.
Provided further, the property owner and all licensees
licensed within the facility or property desiring the
entire premises be designated a common drinking area
shall notify the ABLE Commission in writing of their
consent prior to such area being designated a common
drinking area; or
7. Destroy, damage, alter, remove or conceal potential evidence, or attempt to do so, or refuse to surrender evidence when lawfully requested to do so by an inspector, agent or any other peace officer or incite another person to do any of the above. Added by Laws 2016, c. 366, § 149, eff. Oct. 1, 2018. Amended by Laws 2017, c. 205, § 8, eff. Oct. 1, 2018; Laws 2021, c. 299, § 1, emerg. eff. April 27, 2021; Laws 2024, c. 90, § 5, emerg. eff. April 22, 2024. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.