(A) It shall be unlawful for any person to give away or otherwise dispense free of charge, by the drink or in any other manner, within the city, an alcoholic beverage, except that the giving away by a Class H-1 or H-2 licensee, without charge, of spirits, wine and/or beer, in small and limited amounts for tasting or sampling purposes only, immediately prior and incidental to, the sale of beer and/or wine in the original package for consumption off the premises, shall not be considered a violation of this chapter.
(B) Such give away, however, shall be subject to the following conditions and limitations;
(1) The tastings shall be attended by and supervised by a full-time person of at least 21 years of age or older, and only in a designated area on the licensed premises as approved by the liquor commissioners and designated in the license; and
(2) The actual amount of alcohol by a person per day shall not exceed the following: no more than three-quarters ounce for spirits; no more than one ounce for wine; no more than two ounces for beer; and
(3) The sample shall be served in a container that shall be disposed of following the sample; and
(4) The person or entity must be registered with the State Liquor Commissioner or be a city licensee and follow the Commission's rules and regulations regarding the tasting and sampling of alcohol; and
(5) There shall be no more than 26 tasting and/or sampling events per year. An EVENT for this section is defined as three consecutive days of tasting and sampling; and
(6) The holder of Class H-1 of H-2 license must apply for a tasting and/or sampling permit on a yearly basis, which permit shall be $300 in addition to the prescribed fee; and
(7) The holder of a Class H-1 or H-2 license must also complete an application permit on a form (see Appendix) provided by the Liquor Commissioner for each tasting and/or sampling event at least five business days prior to each tasting and/or sampling event.
(C) Furthermore, it is hereby declared unlawful to advertise the availability of “tasting” through any public media or means of communication other than on the premises itself.
(Ord. 03-422, passed 12-10-03)