Notwithstanding the provisions of Section 61-6-1500, the sampling of wines containing over sixteen percent by volume of alcohol, cordials, and other distilled spirits sold in a retail alcoholic liquor store is authorized if the sampling is conducted as follows:

(1) No sample may be offered from more than four products at one time.

(2) The sample is limited to products from no more than one wholesaler at one time.

(3) No more than one bottle of each of the four products to be sampled may be opened.

(4) The sampling must be held in a designated tasting area of the retail liquor store and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting.

(5) Samples must be less than one-half ounce for each product sampled.

(6) No person may be served more than one sample of each product.

(7) No sampling may be offered for longer than four hours.

(8) At least ten days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division. The letter must include a copy of a certificate of liability insurance for the manufacturer, the retail establishment, or its agent, conducting the tastings.

(9) No sample may be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. This person must not be allowed to loiter on the store premises.

(10) The tastings must be conducted by the manufacturer, retailer, or an agent of the manufacturer or retailer, and must not be conducted by a wholesaler, an employee of a wholesaler, or an agent of a wholesaler.

(11) No retail alcoholic liquor store may offer more than one sampling per day.

(12) All product samples used for tastings must be purchased by the retailer from a South Carolina Licensed Wholesaler as required by Section 61-6-100(3).

(13) All associated costs for the tasting must be paid for by the manufacturer, the retailer, or its agent, conducting the tasting.

(14) Mixers, which must be nonalcoholic and carry zero percent of alcohol by weight, may be provided in conjunction with the tasting, but the mixers must be provided free of charge.

(15) Store mixers used, but not sold, in conjunction with tastings.

HISTORY: 2002 Act No. 335, Section 1; 2011 Act No. 66, Section 1, eff June 17, 2011; 2017 Act No. 62 (H.3137), Section 3, eff May 19, 2017.

Effect of Amendment

The 2011 amendment, in paragraph (1), deleted "any" preceding "one time"; inserted a new paragraph (2); redesignated former paragraphs (2) to (10) as paragraphs (3) to (11); in paragraph (8), added the second sentence; in paragraph (10), inserted ", retailer," following "conducted by the manufacturer", inserted "or retailer" following "agent of the manufacturer", substituted "an employee of a wholesaler, or an agent of a wholesaler" for "retailer, or employee of a wholesaler or retailer"; and added paragraphs (12) and (13).

2017 Act No. 62, Section 3, added (14) and (15), relating to mixers.

Subarticle 11

Regulation of Manufacturers and Micro-Distilleries