§ 104. Duties; authority to resolve alleged violations

The Board shall supervise and manage the sale of spirits and fortified wines within the State in accordance with the provisions of this title, and through the Commissioner of Liquor and Lottery shall:

(1)(A) Ensure that the laws relating to alcohol and alcoholic beverages are enforced, using for that purpose as much of the monies annually available to the Board of Liquor and Lottery as may be necessary.

(B) The Board of Liquor and Lottery and its agents and investigators shall act in this respect in collaboration with sheriffs, deputy sheriffs, constables, law enforcement officers certified as Level II or Level III pursuant to 20 V.S.A. chapter 151, and members of village and city police forces, control commissioners, the Attorney General, and State's Attorneys.

(C) When the Board acts to enforce any section of this title or any administrative rule relating to sale to minors, its investigation on the alleged violation shall be forwarded to the Attorney General or the appropriate State's Attorney whether or not there is an administrative finding of wrongdoing. Nothing in this section shall be deemed to affect the responsibility or duties of law enforcement officers or agencies with respect to the enforcement of the provisions of this title.

(D) The Commissioner or designee is authorized to prosecute administrative matters under this section and shall have the authority to enter into direct negotiations with a licensee to reach a proposed resolution or settlement of an alleged violation, subject to Board approval, or dismissal with or without prejudice.

(2) Supervise the opening and operation of local agencies for the sale and distribution of spirits and fortified wines.

(3) Locate, establish, and supervise the operation of a central liquor warehouse and office for the purpose of supplying spirits and fortified wines to local agencies established in accordance with this title and for the purpose of selling spirits and fortified wines to licensees of the third class and fortified wine permit holders.

(4) Supervise the financial transactions of the central liquor warehouse and office, and the local agencies established in accordance with this title.

(5) Adopt rules necessary for the execution of its powers and duties and of the powers and duties of all persons under its supervision and control.

(6) Employ assistants, investigators, and other officers as it deems necessary, subject to the approval of the Governor.

(7) Fix bonds or other security to be given by licensees.

(8) Adopt rules concerning, and issue licenses and permits under whatever terms and conditions it may impose for the furnishing, purchasing, selling, bartering, transporting, importing, exporting, delivering, and possessing of alcohol, including denatured alcohol, for manufacturing, mechanical, medicinal, and scientific purposes.

(9) Adopt rules regarding labeling and advertising of alcoholic beverages by adoption of federal regulations or otherwise, and collaborate with federal agencies in respect to the adoption and the enforcement of the rules.

(10) Adopt rules relating to extension of credit by and to licensees or permittees.

(11) Adopt rules regarding intrastate transportation of malt and vinous beverages.

(12) Review the budget for the Department submitted by the Commissioner and approve or amend it for submission to the Governor. (Amended 1959, No. 329 (Adj. Sess.), § 33, eff. March 1, 1961; 1975, No. 254 (Adj. Sess.), § 138; 1977, No. 54, § 1(a), eff. April 23, 1977; 1981, No. 246 (Adj. Sess.), § 1; 2011, No. 115 (Adj. Sess.), § 7; 2015, No. 23, § 80; 2015, No. 51, §§ A.5, eff. Jan. 1, 2016; 2017, No. 83, § 13; 2017, No. 93 (Adj. Sess.), § 4; 2018, No. 1 (Sp. Sess.), § 11.)