Beverage Alcohol Tax News February 2022
State Beverage Alcohol Tax Update February 2022
Colorado: Changes Made to License and Permit Application Fees — Jan 21, 2022
Effective for 2022, the Colorado State Licensing Authority made changes to the following alcohol license and permit application fees:
- Application for new license: $1,100 (formerly, $1,550)
- Application for transfer license: $1,100 (formerly, $1,550)
- Application for transfer and conversion for an additional liquor-licensed drugstore: $1,100 (formerly, $1,300)
- Application for renewal of a license: $50
- Takeout delivery permit application fee: $11
- Takeout delivery permit renewal application fee: $11
- Non-contiguous location (winery/limited winery) application fee: $125
- Non-contiguous location (winery/limited winery) renewal application fee: $100
New York: Various Changes Effective for 2022 — Jan 7, 2022
- Effective March 21, 2022, Temporary Winery and Farm Winery permits will be repealed and no longer issued. Any applications made prior to March 21, 2021 will be processed, and if approved the permit will remain in effect according to the permit’s terms.
- Effective March 21, 2022, a person may apply for a temporary permit to operate an eligible alcoholic beverage manufacturing facility. A temporary permit, if granted, will last for 6 months and may be extended 3 months at a time. All temporary applications still require the $125 permit fee and $50 per extension.
- Effective December 22, 2022, the New York Liquor Authority will provide a list on their public website of all open license and permit applications, and will show applicants the review status of their applications.
- Effective as of February 5, 2022, first-time violations to certain provisions of the New York alcoholic beverage control law and applicable rules and regulations will no longer result in a misdemeanor if the violation is deemed to have no possibility of resulting in serious actual harm or presents a danger to public harm. For first-time de minimus violations, the authority will determine a time period and provide a cure period or other opportunity to the licensee to correct the violation.
Ohio: The Alcoholic Beverage Permit Privileges Have Been Amended — Jan 7, 2022
Effective March 23, 2022, Ohio enacted legislation allowing the following:
- An Ohio home brewer may brew homemade beer or ferment homemade wine without a permit. They may also serve and transport homemade beer as authorized.
- Free services provided by social media may be used by a distributor, manufacturer, trade marketing professional, solicitor, or broker to advertise:
-- An on-premises brand promotion;
-- The sale of beer, wine, or spirituous liquor tastings; and
-- A product location communication.
However, the social media advertising may not be focused on persons under 21 years old.
- Ohio liquor agency stores and Retail liquor permittees may sell beer or intoxicating liquor on Sunday during the same hours that they may sell those products on the other days of the week.
- If specific requirements are met, intoxicating and spiritous liquor may be given as a prize at a charitable or political fundraiser.
- D-2, D-5, and D-5a-p permittees may sell cider in original packaging or dispensed in a container maximum of one gallon for on- or off-premises consumption.
- D-5a-n permittees may sell beer and intoxicating liquor at the same times a D-5 permittee is allowed, from 5:30am to 2:30am the following day, every day of the week.
California: Off-Sales Authorized for Certain Bona Fide Public Eating Places — Oct 22, 2021
Effective as of January 1, 2022, until December 31, 2026, authorized California licensees operating Bona Fide eating places may sell alcoholic beverages in specified containers for off-sale consumption.
An alcoholic beverage sold for off-sale consumption must be:
- Ordered by the consumer Online, over the telephone, or in person; and
- Picked up by the consumer directly from the licensee.
Alcoholic beverages may not be ordered or picked up for delivery.
Alcoholic beverages sold must be sold in conjunction with bona fide meals and are limited to two drinks per meal. Licensees wishing to be authorized must contact the Department of Alcoholic Beverage Control before doing so. The department may at any time impose conditions on a license restricting or prohibiting the licensee from selling or furnishing any alcoholic beverage for off-sale consumption.
Virginia: New Marketplace License Created — Oct 12, 2021
Effective as of January 1, 2022, a new marketplace license was created to encompass the license privileges previously granted to the listed Virginia licenses below.
- Day spa,
- Meal assembly kitchen,
- Canal boat operator,
- Art instruction studio,
- Coworking establishment, and
- Bespoke clothier establishment.
A marketplace license authorizes the licensee to serve complimentary wine or beer to bona fide customers on the licensed premises subject to any limitations imposed by the Board. A marketplace license is authorized for qualified premises where alcoholic beverages may be sold at retail for on-premises consumption.
California: Various Changes Effective for 2022 — Sep 23, 2021
- Effective for 2022, Alcoholic Beverage license fees have increased for new permanent licenses, duplicate licenses, and annual renewals.
- Brandy manufacturers and winegrowers are now authorized to hold wine tasting events, and to sell brandy or wine to consumers, at up to two licensed branch premises.
- Effective as of January 1, 2022, through January 1, 2025, donations are allowed to be made to a nonprofit charitable organization from a portion of the purchase price of an alcoholic beverage. Subject to certain limitations and given that promotion or advertisement of the donation does not directly encourage or reference the consumption of the alcohol. These rights are granted to the following licensees:
- Winegrowers
- Beer manufacturers
- Distilled spirits manufacturers
- Craft distillers
- Brandy manufacturers
- Rectifiers
- Wine rectifiers
