Enrolled House Bill (H)

Authored by

DIGEST

Alcohol matters. Provides that after May 14, 2017, a restaurant may not sell carryout unless at least 60% of its gross retail income from alcoholic beverage sales is derived from sales of alcoholic beverages consumed on the premises. Makes the following exceptions to the gross retail income requirements for sale of carryout: (1) Exempts retailer's permits issued to a city market, marina, state park, golf course, hotel, resort hotel, social or fraternal club, or restaurant operated by a microbrewer. (2) Provides that a restaurant initially issued or transferred a retailer's permit before November 1, 2016, is not required to comply Alcohol matters. Provides that after May 14, 2017, a restaurant may not sell carryout unless at least 60% of its gross retail income from alcoholic beverage sales is derived from sales of alcoholic beverages consumed on the premises. Makes the following exceptions to the gross retail income requirements for sale of carryout: (1) Exempts retailer's permits issued to a city market, marina, state park, golf course, hotel, resort hotel, social or fraternal club, or restaurant operated by a microbrewer. (2) Provides that a restaurant initially issued or transferred a retailer's permit before November 1, 2016, is not required to comply with the gross retail income requirements to sell carryout unless the permit is transferred to another location. (3) Provides that a restaurant initially issued or transferred a retailer's permit after October 31, 2016, and before May 14, 2017: (A) is not required to comply with the gross retail income requirements until renewing the permit or transferring the permit to another owner or location; and (B) upon a showing of good cause, may be issued permit extensions that may not extend past April 1, 2018. Provides that any new retailer's permits for restaurants issued after May 14, 2017, must comply with the gross retail income requirements in order to sell carryout. Provides that an applicant for an artisan distiller's permit must hold a farm winery, brewer's, or distiller's permit for 18 months (instead of three years) before the date of the application. Allows a farm winery, brewery, and distillery to occupy the same tent or structure at a trade show or exposition. Allows a small brewer, farm winery, or artisan distiller to employ a minor who is a family member in a capacity that does not involve the sale or serving of alcoholic beverages. Allows a minor to be on the premises of a farm winery or an artisan distillery under certain circumstances. Allows an artisan distiller to store liquor manufactured by the artisan distiller at a facility within 10 miles of the artisan distiller's distillery, if allowed by federal law. Prohibits the ATC from issuing a new alcoholic beverage permit if the applicant has unpaid taxes. Changes the definition of "banquet or gathering space" to include a contiguous area of the licensed premises. Allows a holder of a retailer's permit issued for the premises of a hotel or restaurant that has a banquet or gathering space to temporarily amend the floor plans of the licensed premises to use the banquet or gathering space to securely store alcoholic beverages at the preferred temperature, and requires the ATC to approve amended floor plans that are consistent with the provision. Expresses the intent of the general assembly that the ATC use the "character of the business test" when considering whether to grant or renew certain retailer's permits that would allow the sale of alcoholic beverages for carryout, including cold beer. Increases, from four days to seven days, the number of days in a calendar month that may be designated as guest days by the holder of a club permit for alcoholic beverages. Defines "entertainment", "gift", and "professional and educational expenses", and specifies that certain prohibitions that apply to alcoholic beverage permittees concerning gifts do not apply to entertainment or professional and educational expenses. Defines "advertising specialty" and "consumer advertising specialty", and voids certain rules of the ATC that relate to advertising specialties and consumer advertising specialties. ... View more