Amends TCA Title 57.
ON APRIL 14, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 332, AS AMENDED. AMENDMENT #1 rewrites this bill to add to present law concerning tastings of alcoholic beverages offered on the premises of retail licensees. Present law authorizes suppliers to provide, through licensed wholesalers, products for tasting purposes by a retail licensee. This amendment adds authorization for a manufacturer conducting a consumer tasting at a retail licensee's premises to: (1) Have a licensed wholesaler deliver the product to be tasted directly to the retailer using a zero-dollar invoice; or (2) Obtain the product to be tasted from a wholesaler in advance of the tasting and bring the product to the retail licensee's premises to be used exclusively for consumer tastings. If a manufacturer chooses option (2), the applicable wholesaler is required to provide a zero-dollar invoice for the product requested by the manufacturer. In addition, the manufacturer must notify the wholesaler in writing at least five business days prior to pick up by the manufacturer of any scheduled consumer tasting that includes the date and location of the consumer tastings. If additional tastings occur, each manufacturer is required to notify in writing their wholesalers of the date and location of the consumer tasting at least five business days after such tastings. This amendment specifies that a manufacturer may acquire a reasonable amount of product for consumer tastings that will occur in the next 30 days. If a manufacturer has leftover product after this 30-day period, then the manufacturer will be authorized to email the applicable wholesalers the approximate amount of leftover product, and the manufacturer may possess this overage for another 30 days. This process may continue indefinitely until the extra product is used up or poured out by the manufacturer. This amendment prohibits a manufacturer from leaving excess or leftover product, either sealed or unsealed, with a retail licensee. All product must be taken by the manufacturer to be used by them for future consumer tastings.
ON APRIL 14, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 332, AS AMENDED. AMENDMENT #1 rewrites this bill to add to present law concerning tastings of alcoholic beverages offered on the premises of retail licensees. Present law authorizes suppliers to provide, through licensed wholesalers, products for tasting purposes by a retail licensee. This amendment adds authorization for a manufacturer conducting a consumer tasting at a retail licensee's premises to: (1) Have a licensed wholesaler deliver the product to be tasted directly to the retailer using a zero-dollar invoice; or (2) Obtain the product to be tasted from a wholesaler in advance of the tasting and bring the product to the retail licensee's premises to be used exclusively for consumer tastings. If a manufacturer chooses option (2), the applicable wholesaler is required to provide a zero-dollar invoice for the product requested by the manufacturer. In addition, the manufacturer must notify the wholesaler in writing at least five business days prior to pick up by the manufacturer of any scheduled consumer tasting that includes the date and location of the consumer tastings. If additional tastings occur, each manufacturer is required to notify in writing their wholesalers of the date and location of the consumer tasting at least five business days after such tastings. This amendment specifies that a manufacturer may acquire a reasonable amount of product for consumer tastings that will occur in the next 30 days. If a manufacturer has leftover product after this 30-day period, then the manufacturer will be authorized to email the applicable wholesalers the approximate amount of leftover product, and the manufacturer may possess this overage for another 30 days. This process may continue indefinitely until the extra product is used up or poured out by the manufacturer. This amendment prohibits a manufacturer from leaving excess or leftover product, either sealed or unsealed, with a retail licensee. All product must be taken by the manufacturer to be used by them for future consumer tastings.
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