185—16.7(123) Tasting.
	16.7(1) Restrictions.
	a. 	The amount of product served per person during a tasting shall be limited to the following.
	(1)	No more than two one half of one-fluid-ounce tastes of any brand of alcoholic liquor.
	(2)	No more than two one-fluid-ounce tastes of any brand of wine.
	(3)	No more than two two-fluid-ounce tastes of any brand of beer.
	(4)	No more than two two-fluid-ounce tastes of a mixed drink or cocktail as defined in Iowa Code section 123.3.
	b. 	Product shall not be served to, or allowed to be consumed by, any consumer who is under legal age, intoxicated, or simulating intoxication.
	c. 	Product served during a tasting shall not be served by persons under 18 years of age.
	d. 	Product served by an industry member shall be limited to the brands the industry member represents.
	16.7(2) Tastings conducted by an industry member. An industry member may conduct a tasting on licensed and unlicensed premises, subject to the requirements and restrictions provided in this rule.
	a. 	Licensed premises.
	(1)	A tasting may be conducted on licensed premises where alcoholic beverages are sold or served.
	(2)	A tasting shall be limited to the types of alcoholic beverages available for purchase as authorized by the license or permit.
	(3)	A tasting shall be held during the hours in which alcoholic beverages may be legally sold or served.
	(4)	An industry member may provide snack foods or hors d’oeuvres for the participants at the tasting.
	(5)	Product or food served during a tasting shall either be provided by the industry member or purchased at no more than the ordinary retail price from the license or permit holder on whose premises the tasting is being held.
	(6)	Any product or food remaining at the end of a tasting shall be removed from the licensed premises by the industry member.
	b. 	Unlicensed premises.
	(1)	A tasting of wine or beer may be conducted in an unlicensed public place unless prohibited by Iowa Code section 123.46(2) or an applicable ordinance or regulation of the local authority.
	(2)	A tasting of alcoholic liquor, wine, or beer may be conducted in an unlicensed private place as defined in Iowa Code section 123.3.
	(3)	A tasting of alcoholic liquor is prohibited in an unlicensed public place.
	(4)	Wine and beer served during a tasting shall be obtained from the respective wholesaler.
	(5)	An industry member may provide snack foods or hors d’oeuvres for the participants at the tasting.
	(6)	Any product or food remaining at the end of a tasting shall be removed from the premises by the industry member.
	16.7(3) Tastings conducted by a retailer. A retailer licensed or permitted for on- or off-premises consumption may conduct a tasting, subject to the requirements and restrictions provided in this rule.
	a. 	Product served during a tasting shall be served by a retailer, the retailer’s employees or agents, or an industry member who has the explicit consent of the retailer.
	b. 	A tasting shall be limited to the types of alcoholic beverages available for purchase as authorized by the license or permit.
	c. 	A tasting shall be held during the hours in which alcoholic beverages may be legally sold or served.
	d. 	Product served during a tasting shall be legally obtained by the retailer as prescribed by Iowa Code chapter 123.
	e. 	An off-premises license or permit holder may conduct a tasting when there is no charge for product or access.
	f. 	Food may be provided by the retailer for the participants of a tasting.
	16.7(4) Record keeping. An industry member shall keep and maintain records in accordance with rule 185—16.18(123).
This rule is intended to implement Iowa Code section 123.186.
[ARC 2254C, IAB 11/25/15, effective 12/30/15; ARC 7028C, IAB 5/31/23, effective 7/5/23]