16-3-214. Beer sales by brewers -- sample room exception.

     16-3-214. Beer sales by brewers -- sample room exception. (1) Subject to the limitations and restrictions contained in this code, a brewer who manufactures less than 60,000 barrels of beer a year, upon payment of the annual license fee imposed by 16-4-501 and upon presenting satisfactory evidence to the department as required by 16-4-101, must be licensed by the department, in accordance with the provisions of this code and rules prescribed by the department, to:
     (a) sell and deliver beer from its storage depot or brewery to:
     (i) a wholesaler;
     (ii) licensed retailers if the brewer uses the brewer's own equipment, trucks, and employees to deliver the beer and if:
     (A) individual deliveries, other than draught beer, are limited to the case equivalent of 8 barrels a day to each licensed retailer; and
     (B) the total amount of beer sold or delivered directly to all retailers does not exceed 10,000 barrels a year; or
     (iii) the public;
     (b) provide its own products for consumption on its licensed premises without charge or, if it is a small brewery, provide its own products at a sample room as provided in 16-3-213; or
     (c) do any one or more of the acts of sale and delivery of beer as provided in this code.
     (2) A brewery may not use a common carrier for delivery of the brewery's product to the public or to licensed retailers.
     (3) An additional license fee may not be imposed on a brewery providing its own products on its licensed premises for consumption on the premises.
     (4) This section does not prohibit a licensed brewer from shipping and selling beer directly to a wholesaler in this state under the provisions of 16-3-230.

History: En. Sec. 13, Ch. 106, L. 1933; amd. Sec. 4, Ch. 46, Ex. L. 1933; re-en. Sec. 2815.22, R.C.M. 1935; amd. Sec. 4, Ch. 166, L. 1951; amd. Sec. 1, Ch. 135, L. 1959; amd. Sec. 1, Ch. 296, L. 1969; amd. Sec. 1, Ch. 421, L. 1971; Sec. 4-317, R.C.M. 1947; amd. and redes. by Sec. 53, Ch. 387, L. 1975; R.C.M. 1947, ; amd. Sec. 2, Ch. 149, L. 1985; amd. Sec. 1, Ch. 721, L. 1991; amd. Sec. 1, Ch. 122, L. 1993; amd. Sec. 2, Ch. 116, L. 1999; amd. Sec. 4, Ch. 543, L. 2001; amd. Sec. 2, Ch. 516, L. 2007.