Georgia Tightens Laws Affecting Brewery Tours & Samples
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MyBeer Buzz
This from Georgia Dept. of Revenue SB 63:
(Q2) Can a manufacturer make retail sales of beverage alcohol directly to tour attendees? No. The retail sale of beverage alcohol by a manufacturer is prohibited under Georgia law. Licensed Brewers and Distillers are however permitted to apply to the Department to attain a Facility Tour Permit. Once a permit has been issued, a Distiller or Brewer is allowed to provide free tastings and free souvenirs.
The furnishing of free tastings and free souvenirs as part of a facility tour will generally not be deemed a retail sale of beverage alcohol even though the tour attendee is charged a fee to take the tour. However, where the price of tour admissions is clearly and directly tied to the volume or market value of the alcohol furnished, a Brewer or Distiller will be cited for making retail sales of alcohol.
(Q3) Can a manufacturer charge varying fees for facility tours?
Yes. However, the basis for varying fees may not be due to differences in the volume or market value of alcohol provided to tour attendees. Fees may vary based on the furnishing of non-alcoholic promotional items, the day of the week, live entertainment, etc. However, a manufacturer who furnishes beverage alcohol in the course of a tour must not vary prices based on the change in relative market value or volume of the alcoholic beverages furnished.
For example, a manufacturer must charge the same rate for a tour where one tour attendee elects to sample free beverage alcohol during a tour and the second attendee elects to sample free beverage alcohol and receive a free beverage alcohol souvenir.
(Q4) What are free tastings and free souvenirs? Free tastings are complimentary samples of malt beverage or distilled spirits given to tour attendees for consumption on the premises of the manufacturer before, during, or after a tour.
Free souvenirs are complementary sealed containers of malt beverage or a single sealed container of distilled spirits given to tour attendees for consumption off of the premises of the manufacturer. For these purposes, “sealed” means to fasten or close securely. The definition could include a vacuum sealed or shrink wrapped container lid, but such a process is not necessary to satisfy Department of Revenue requirements.
(Q5) Can I serve free beverage alcohol manufactured by someone other than myself? No. A Brewer or Distiller may only serve free samples of beverage alcohol manufactured by the Brewer or Distiller.
(Q6) How much beverage alcohol can I give away as a free tasting during a tour and how much can I give away as a free souvenir? A Brewer may give away up to 36 ounces of free malt beverage to each tour attendee in a calendar day in free tastings, and may give away up to 72 ounces of malt beverage in a calendar day as a free souvenir.
A Distiller may give away up to three free samples of up to ½ of 1 ounce of distilled spirits in a calendar day as a free tasting, and may give away up to 750 milliliters of distilled spirits in a calendar day as a free souvenir.
(Q7) Can I sell food to tour attendees? No. Brewers and Distillers are prohibited from selling food on the licensed premises. However, food may be given to tour attendees free of charge. Brewers and Distillers are permitted to give the food directly or hire a third party food vendor to provide the food.
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