Code Section: 790.22

Subject: ABC Type-86 (Instructional Tasting) License as an accessory use

Effective Date: 1/14

Interpretation:

   An interpretation was made in August 2005 permitting intermittent and/or occasional wine and/or beer tasting as an accessory use to a liquor store. Since that time, ABC has developed a new Type-86 (Instructional Tasting) License which can be issued to businesses which also hold off-sale retail licenses and either (a) contain at least 5,000 square feet or (b) earn at least 75 percent of their total gross sales from the sale of alcoholic beverages. While a Type-86 License is issued to a retail business, it generally requires the participation of a qualified manufacturer or wholesaler. Consistent with the August 2005 interpretation, a Type-86 License can be issued to a grocery store, liquor store or other similar establishment as an accessory use so long as all of the following criteria are met: (1) instructional tasting events take place between 10 a.m. and 9 p.m, (2) instructional tasting events take place in an area at least temporarily separated from the remainder of the retail space, (3) no more than three tastings of distilled spirits, each no more than one-fourth of one ounce, are provided to any one person per day, (4) no more than three tastings of wine, each no more than one ounce, are provided to any one person per day, and (5) no more than eight ounces of beer are provided to any one per person per day. It was noted that the foregoing conditions reflect ABC policies at the time of this interpretation and may be modified should those policies change.