[VDH.VermontPrevention] Following up from April 25th RPP Policy Training

[Beth Shrader]

Thanks to Julie Raboin, who is a member of the City Council in Newport as
well as a ADAP Prevention Consultant for following up with the Vermont
League of Cities and Towns to clarify the question of duties of local
liquor commissioner according to Vermont state law.


Below is an excerpt from the VLCT Selectboard Handbook on local liquor
control:



*H.  Liquor Control Commissioners*

Selectboards have two responsibilities in the sale of malt and vinous
beverages (i.e. beer and wine) and spirituous liquors. First, the voters of
each town have the power to determine whether or not beer and wine or
liquor may be sold in town through action of an annual or special town
meeting. Five percent of the voters may petition the board to present one
or both of the following questions for a vote:

•     shall licenses for the sale of malt and vinous beverages be granted
in this town?

•     shall spirituous liquors be sold in this town?

If the board receives such a petition, it shall call a special meeting or
present the questions at the annual meeting for the voters to decide. 7
V.S.A. § 161. The election requires special ballots and procedures, so
towns involved in such election should consult the statutes. 7 V.S.A. §§
161-165.

When a town or city has approved such sale, the selectpersons or the city
council members become the liquor control commissioners. 7 V.S.A. § 166.
The second duty then comes into effect, which is to administer and enforce
the relevant law. With the approval of the state liquor control board, the
local commissions may grant first and second class liquor licenses.
7 V.S.A. § 222. First class licenses are for the sale of beer and wine for
consumption only on the premises and second class licenses are issued where
beer and wine will be consumed off-premise. 7 V.S.A. § 2. (Third class
licenses allow licensees to sell spirituous liquors in a hotel, restaurant,
cabaret, club, boat or dining car and must be issued by the state board.)

The local liquor control commissioners may suspend a license they have
granted, after notification and a hearing, if the licensee conducts the
business in violation of V.S.A. Title 7, rules and regulations of the
Liquor Control Board, or conditions issued as part of the license being
granted. 7 V.S.A. §§ 167, 236. Note that § 167 allows the voters to
authorize the local board to condition the issuance of a liquor license on
compliance with any duly adopted local ordinance regulating entertainment
or public nuisances.

The liquor control commissioners must operate under the laws and
regulations governing the sale of alcoholic liquor, which are promulgated
by State of Vermont Liquor Control Board. These rules are frequently
updated. For further information, and to obtain the latest copy of the laws
and regulations, visit http://www.state.vt.us/dlc/enforcement/regulations,
or contact the board at (800) 642-3134.




-- 
Beth M. Shrader, Project Consultant
Center for Health and Learning
802-722-3008 (home office)
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