DIGEST OF SB394 (Updated January 18, 2007 11:19 am - DI ta)
Alcoholic beverage issues. Allows a brewer of a small brewery to sell and deliver beer to a consumer. Removes a provision that allows a brewer of a large brewery to sell and deliver beer to a consumer. Requires an applicant for a beer wholesaler's permit to describe all premises to be used as a warehouse. Provides that a warehouse of a beer wholesaler does not have to be located within the corporate limits of an incorporated city or town. Removes a provision that allows the alcohol and tobacco commission (ATC) to issue only one beer wholesaler's permit to an applicant. Prohibits a beer wholesaler from selling beer to a consumer other than an employee of the wholesaler. Allows a beer wholesaler to have an interest in another permit to sell at wholesale alcoholic beverages of any type. Makes it a Class A misdemeanor for a person to fail to return a keg to a wholesaler or dealer within 120 days after the date the keg of beer was purchased. Allows liquor retailers and liquor dealers to provide samples of flavored malt beverages and hard cider. Establishes requirements that a wine wholesaler must meet to resell wine purchased at an estate sale. Provides a wholesaler with immunity from civil liability for product liability or negligence regarding wine the wholesaler purchased at an estate auction and resold. Eliminates residency requirements for dealers. Establishes quotas for liquor wholesaler permits and wine wholesaler permits. Allows a beer wholesaler to have an interest in a wine or liquor wholesaler's permit. Allows the sale of alcoholic beverages on election day while the polls are open. Makes it a Class D felony for a wholesaler to sell a brand of alcoholic beverages that the permittee has not been authorized to sell by the brand's primary source of supply and allows an injured permittee to bring a civil action against the wholesaler. Repeals a provision prohibiting the ATC from issuing a beer wholesaler's permit to a person who holds a wine wholesaler's permit and a liquor wholesaler's permit.