electricski wrote:
From: Curran, Tom [mailto:Tom.Curran@state.vt.us]
Sent: Tuesday, February 26, 2008 2:56 PM
Subject: RE: Festival Permit
Hi Scott,
The real issue is we have seen a problem with alcoholic beverages in and around the Bear Mountain which is licensed to sell alcohol. It is a misdemeanor crime in Vermont to sell or give away alcohol on any public lands. It is up to one year in jail and a $1,000.00 fine. On private property ( like at your house) you can do whatever. Also you will need Killington's permission if your tent is going to be on their land. Anyone who attends the class with you can serve alcohol with the festival permit. You would also have to buy your beer from a wholesaler and have invoices on hand to show what you purchased. People also would not be able to bring their own alcohol into your event. There are a lot of issues at play here and we can keep trying to figure this out. I will wait to hear back from you.
Tom
It looks like there was absolutely no mention of it being illegal to Bring Your Own Beer for your own consumption. You BYOB for yourself. Everyone else buys their beer for themselves. You keep the receipts and sell/give away nothing alcoholic. How are we then breaking the law?
Thats right kids don't forget to bring your sharpies so there is no mix up on just who's beer and booze is being consumed, we don't want to see any one locked up, until after the dwi stops are set up!
In my opinion after corresponding with the state I believe this is an insurance department telling the mountain management to cover their butts in case of an incident. Very similar to what happens for tailgating at my favorite NFL stadium. Management takes a legal and formal position then looks the other way. We may be better off dropping the issue and proceeding as in the past.
wanderer7453 wrote:For many years one of the rites of spring has been the tailgating festival that occurs during the Bear Mountain Mogul Contest. Many of the ski houses and others set up tents and bring barbecues and their beverages of choice.
This has occurred with law enforcement officials walking through the festival area. Now the new owners are banning any food or beverages brought to the mountain for this event and will only allow purchased food and beverages. I am not questioning their legal right to do this but they are blaming you the Liquor Control Board of Vermont. Has the regulations changed since last year? Did the new owners request you to enforce these regulations ? This is rather important to many people with interest in the Killington area as this may be just another in a long line of frustrating actions taken by this company which is resulting in hurting the tourism industry at Killington.
Dear Terry,
In Vermont, it is only legal to sell alcohol in a private dwelling or at a location licensed to sell alcoholic beverages.
Killington assumes large liabilities if someone consuming slopeside hurts themselves or someone else.
William J. Goggins, Chief
Education, Licensing & Enforcement
Bill,
Thank you for the response although it did not address my specific questions. I will assume that there has been no change in the laws and regulations and that the change in policy is mountain owner related and not something that was coming from a specific directive from your department.
That's pretty much it in a nutshell Terry.
Bill
wow, what a bumbling bunch of idiots the marketing department is. When you question their motives for banning byob, they challange you to contact the DLC by sending you the DLC info through back messages - (don't have the balls to say it in a forum?) And when you actually contact the DLC, you find out thier exuses were a figment of their own imagination. Why not just come out and say that their insurance co. won't insure them if they allow it to go on, or its too expensive, whatever? It would be a hell of a lot closer to the truth that what they are trying to put out there in the name of making even more money than they have been stealing away from their customers all year.
Again, when it comes to Powdr, always follow the money trail.
KV wrote:
It looks like there was absolutely no mention of it being illegal to Bring Your Own Beer for your own consumption.
huh?
Tom.Curran@state.vt.us wrote:
People also would not be able to bring their own alcohol into your event.
The way that email was written I wouldn't take away any knowledge pertinent to BMMC. It is too confusing and looks cut-and-pasted from a form letter.
I believe that quote from Tom Curran refers to people bringing their own alcoholic beverages to premises you have obtained a one time license, such as a catering license. Notice the phrase "into your event". This is the event for which you have obtained a license to serve others. The rules are then similar to a bar, you can't bring your own in and drink it, and you can't leave with a drink in your hand either.
This is not the same as just bringing a few beers for your own consumption to a public area. The difference there occurs when you serve someone else, not when you consume your own.
proceed as usual. Kton is just building their defense for when some moron in a gorilla suit tries to straightline Outerlimits backwards while pounding a PBR.
maskinut wrote:proceed as usual. Kton is just building their defense for when some moron in a gorilla suit tries to straightline Outerlimits backwards while pounding a PBR.
