Page 8 - Grapevine May-June 2018
P. 8

In The Winery



                                                                  ple, in California, holders of a type 02 winegrower’s
                                                                  license may conduct Winemaker’s Dinners or pro-
                                                                  vide food and wine free of charge to consumers at
                                                                  Invitation-Only events, provided certain conditions
                                                                  are met.  But, holders of a type 17/20 license (e.g.,
                                                                  custom-crush clients) may not conduct these events.

                                                                          RESPONSIBILITIES AT THE EVENT


                                                                    Determining that a winery may hold an event is only
                                                                  the beginning.  Local laws also dictate who the winery
                                                                  may serve, what it may serve, and what activities are
                                                                  allowed.

                                                                                 Who May Be Served


                                                                    Once again, these laws are very state and locali-
                                                                  ty-specific.  For example, while every state prohibits
                                                                  serving alcohol to a person under the age of 21 or a
                                                                  person who is perceived to be intoxicated, some go
                                                                  much further.


                                                                    Maryland’s alcoholic beverage code, §6-309(a)
                                                                  provides that a winery “may not allow on-premises
                                                                  consumption or possession of alcoholic beverages by
                                                                  an individual under the age of 21 years, regardless
                                                                  of who purchased or obtained the alcoholic bever-
                                                                  ages.”  The code, therefore, puts an affirmative duty
                                                                  on the licensee to monitor alcohol consumption on
                                                                  the entire property, not just the taproom.  This can
                                                                  be challenging for wineries with large grounds where
                                                                  people tend to picnic.


                                                                    Virginia Code §4.1-304.A. prohibits the sale of alco-
                                                                  holic beverages to a person the licensee knows or
                                                                  has reason to believe is interdicted.  Interdiction is a
                                                                  legal process in which the Commonwealth declares
                                                                  a person to be a “habitual drunkard” or convicted of
                                                                  driving under the influence.  Tennessee Code §57-4-
                                                                  203(c)(1) prohibits selling or furnishing any alcoholic
                                                                  beverage to a person who is “known to be insane or
                                                                  mentally defective” or to any person who is “known
                                                                  to habitually drink alcoholic beverages to excess, or …
                                                                  known to be an habitual user of narcotics.”  Violation
                                                                  of this law is a criminal misdemeanor.

                                                                                What May Be Served


                                                                    In order to draw a broader customer base, wineries

               Page 6                             The Grapevine • May - June 2018                         877-892-5332





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