Guam § 3229 - Special Display and Tasting / Sampling Events; Authorized.

§ 3229. Special Display and Tasting / Sampling Events; Authorized.

(a) A person holding a valid off-sale license, wholesale dealers’ license, or agent’s license, is

authorized to conduct special display and sampling / tasting events of authorized alcoholic beverages and

distilled spirits for the purpose of familiarizing consumers with the taste of an alcoholic beverage or distilled

spirit product(s) on authorized premises.

(b) The Board shall, within one hundred twenty (120) days of the enactment of this Act, develop

necessary procedures, and as deemed necessary, promulgate rules and regulations, if any, to implement this

Section. The procedures, rules and regulations shall be duly promulgated by the Board pursuant to Article

3 - Rule Making Procedures, of Chapter 9, Title 5, Guam Code Annotated.

(1) The Board shall designate the categories of approved alcoholic beverages and/or distilled

spirits which are authorized for consumption during sampling / tasting events; and

(2) shall determine the amount of, and manner by which, the beverages may be offered or served

for sampling / tasting.

(c) The authorized licensee shall, in addition to complying with applicable rules and regulations

promulgated relative to this Section, be subject to the following conditions for the conduct of a sampling /

tasting event:

(1) The tasting / sampling shall not be for a fee or charge in any amount to the consumer;

(2) The amount of alcoholic beverages offered for tasting shall be limited to no more than one (1)

three (3)-ounce sample of each item per person, with the exception of distilled spirits, which will be

limited to a single one (1)-ounce sample of each item per person;

(3) A wholesale dealer licensee or agent licensee shall not sell any alcoholic beverage product

directly to a consumer during the tasting / sampling event; provided, however, that the holder of an

off-sale license applicable to the premises upon which the event is conducted, may sell directly to

consumers for later consumption off the premises;

(4) Frequency of Event. A special tasting and sampling event shall not be conducted for more

than two (2) consecutive days at a single location per week, nor more than a total of six (6) days at the

same location per month;

(5) Advance Notification of Planned Event to Board. Notice of the anticipated or planned conduct

of an event, or multiple events, shall be submitted to the Board, in writing or by electronic notification,

at least five (5) business days in advance of the event. The one (1) day per event special license shall

be assessed a non-recurring fee of Twenty-five Dollars ($25.00). For all notice submissions received

less than five (5) business days from a planned event, an expedited processing fee of Fifty Dollars

($50.00) will be assessed. Full payment of the license fee is due and payable at the time a license is

issued to the applicant; and

(6) Authorized Locations. The following locations are authorized for the conduct of temporary

special display and sampling / tasting events for authorized alcoholic beverages:

(A) A business holding an off-Sale license, or sponsored on the premises by a licensed

wholesale dealer or licensed agent of alcoholic beverages;

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(B) A Class 1 Manufacturer’s establishment, as defined in this Chapter; and

(C) Hotel lobbies and hotel special event rooms, to include, but not be limited to, exhibit

halls, convention centers, mall courtyards, club, vessel, transient vessel, condominium hotel,

brewpub and general caterer, when sponsored by a licensed wholesale dealer or licensed agent of

alcoholic beverages.

(7) Monies Collected from Assessment of Fees. All monies collected for the non-recurring fee

and/or the expedited processing fee shall be deposited into the “Alcoholic Beverage Compliance Fees

and Fines Fund” in accordance with § 3126 of Article 1 of this Chapter. The Administrator, with Board

approval, shall be authorized to use the monies collected for programs to promote compliance with

liquor laws, business development, and improvement of interagency and interoffice functions. Such

programs may include, but are not limited to, enforcement; public service announcements promoting

responsible drinking and driving practices; youth programs; education; and Alcoholic Beverage

Control Board and administrative meetings.

(d) Sampling and Licensed Premise.

(1) Licensees desiring to have a promotional sampling on their premises shall clearly state and

identify in the application the type of liquor to be sampled, the date and hours the sampling is to take

place, and the name of the person in charge of the sampling;

(2) Samples of alcoholic beverages will be limited to one (1) three (3)-ounce sample of each item

per person. Distilled spirits will be limited to a single one (1)-ounce sample of each item per person;

(3) No minors or persons under the age of twenty-one (21) years shall be permitted to sample

liquor;

(4) No person under the age of eighteen (18) years shall serve alcohol, liquor, beer, and/or wine;

(5) A copy of the approval license shall be posted in the vicinity of the sampling area; and

(6) Consumers (Tasters) shall remain within the designated “event room” and not be allowed to

wander throughout the premise, and shall not be allowed to exit the premises with alcohol, liquor,

wine, and/or beer.