§ 223. Third-class licenses

(a) The Board of Liquor and Lottery may grant to a person who operates a hotel, restaurant, club, boat, or railroad dining car, or who holds a manufacturer's or rectifier's license, a third-class license if:

(1) the person files an application accompanied by the fee provided in section 204 of this title for the premises in which the business of the hotel, restaurant, club, or manufacturer or rectifier is carried on or for the boat or railroad dining car;

(2) the local control commissioners have approved the application; and

(3) the applicant satisfies the Board that:

(A) the applicant is the bona fide owner or lessee of the premises, boat, or railroad dining car;

(B) except in the case of clubs, the premises, boat, or railroad dining car has adequate and sanitary space and equipment for preparing and serving meals to the public; and

(C) the premises, boat, or railroad dining car is operated for the purpose covered by the license.

(b) A third-class license holder may sell spirits and fortified wines for consumption only on the licensed premises, boat, or railroad dining car.

(c) The holder of a third-class license may permit a customer to:

(1) possess or carry no more than two open containers of alcoholic beverages; and

(2) maintain control over his or her open container of alcoholic beverages at all times while on the licensed premises, boat, or railroad dining car.

(d)(1) Except as otherwise provided in subdivisions (2) and (3) of this subsection, a person who holds a third-class license shall purchase from the Board of Liquor and Lottery all spirits and fortified wines dispensed in accordance with the provisions of the third-class license and this title.

(2) For a third-class license issued for a dining car or boat, the licensee may procure outside the State of Vermont spirits and fortified wines that are sold pursuant to the license.

(3) For a third-class license that is issued to a licensed manufacturer or rectifier of spirits or fortified wines, the licensee shall not be required to purchase from the Board of Liquor and Lottery spirits and fortified wines that it has manufactured or rectified before selling them pursuant to its third-class license.

(e) No person under 18 years of age shall be employed by a third-class licensee as:

(1) a bartender for the purpose of preparing, mixing, or dispensing alcoholic beverages; or

(2) a waitress or waiter for the purpose of serving alcoholic beverages. (Amended 1971, No. 90, § 3; 2003, No. 79 (Adj. Sess.), § 2; 2005, No. 96 (Adj. Sess.), § 1, eff. March 9, 2006; 2015, No. 51, § A.10, eff. Jan. 1, 2016; 2015, No. 144 (Adj. Sess.), § 6; 2017, No. 83, § 36; 2017, No. 113 (Adj. Sess.), § 39; 2018, No. 1 (Sp. Sess.), § 39; 2019, No. 73, § 46.)