LIQUOR BY THE DRINK SIDE BY SIDE

Share | HOUSE BILL SENATE BILL             BOTTLE SIZE RESTRICTIONS Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles       X No size restriction TAXES           5% Mixed Drink Excise (sales) tax in lieu of 25¢ wholesale tax on each minibottle.     X     X Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act.     X     X REFILLING BOTTLES         A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.     X     X SUBSTITUTING BRANDS         A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution.     X Not in Senate Bill MINIBOTTLE SALES BY LIQUOR STORES         Liquor stores may sell minibottles to consumers.     X     X DELIVERY / PRICE RESTRICTIONS         Both wholesale distributors and licensed retail dealers with a wholesale's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor for sale by the drink to a person licensed by this article for sale for on-premises consumption     X Retail dealers with wholesale basic permit only may deliver. If a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or a wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for on-premises consumption of alcoholic liquors must clearly state the transportation charge or delivery fee     X Not in Senate Bill A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license. A wholesale distributor of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, or the holder of any other alcoholic liquor retail license     X Not in Senate Bill A manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors     X Not in Senate Bill EFFECTIVE DATE         This act takes effect on January 1, 2006.     X     X X means in that version of the bill.