Tastings

Alcohol tastings have different rules depending on the license type, location, audience, and who provides the alcohol. Before you host, advertise, sponsor, or sell tickets to a tasting, check whether the activity is allowed under your license.

Some tastings may be allowed only at certain locations. Others may require local approval, a county tasting permit, or ATCC review.

Check before you host, advertise, or sell tickets

Contact ATCC or your local licensing board before you:

• Host a public tasting
• Sponsor a tasting at another location
• Sell tickets to a tasting or alcohol tour
• Include alcohol in the price of an event
• Invite a wholesaler, supplier, brand representative, or alcohol expert to participate
• Offer alcohol at a salon, barber shop, or other non-licensed business
• Use a third-party tour operator, event company, or promoter

You may not be allowed to do the activity, or you may need approval before moving forward.

Tastings depend on the license and location

A tasting is not allowed just because alcohol is served in small amounts. The rules depend on:

• Who holds the license
• Who provides the alcohol
• Where the tasting happens
• Whether the event is open to the public
• Whether alcohol is sold, sampled, or included in a ticket price
• Whether a supplier, wholesaler, retailer, third party, or expert is involved

Do not assume a tasting is allowed because another business has offered something similar.

Before planning a tasting, ask:

• Who is providing the alcohol?
• Who is serving the alcohol?
• Where will the tasting happen?
• Is the event public or private?
• Is alcohol included in a ticket price?
• Does the local licensing board require a tasting permit?
• Is a wholesaler, supplier, brand owner, alcohol expert, or third party involved?
• Does anyone need a solicitor permit?

Manufacturer tastings and tours

Manufacturers may have some ability to provide samples to participants in a bona fide tour. Depending on the license and location, some manufacturers may also be able to sell a full serving for on-premises consumption.

Common mistakes include:

• Providing samples outside the scope of a bona fide tour
• Selling full servings without confirming the license allows on-premises consumption
• Assuming all manufacturers have the same tasting or serving privileges
• Letting a third-party tour company sell tickets that include alcohol
• Paying a third-party tour company based on alcohol sales
• Advertising tastings or tours before confirming what the license allows

Manufacturers should confirm what their specific license allows before offering samples, selling servings, or partnering with a tour operator.

Wholesaler-sponsored tastings

Wholesalers may sponsor certain tastings under Maryland trade practice rules.

Under COMAR 14.23.04.05, an alcoholic beverage tasting may be held on the licensed premises of a licensed wholesaler or supplier, on nonlicensed premises, or in a private room that is not open to the public and is located on licensed retail premises. The regulation also says that alcoholic beverages provided for certain tastings must come through the licensed wholesaler’s sample account and be shown on the wholesaler’s monthly tax return.

Common mistakes include:

• Holding a wholesaler-sponsored tasting in a location not allowed by the regulation
• Failing to use the proper sample account when required
• Inviting the wrong audience for the type of tasting
• Allowing retailer inventory and wholesaler-provided alcohol to be confused

Wholesaler-sponsored tastings should be reviewed carefully before scheduling, advertising, or inviting participants.

Public consumer tastings at retail locations

Public consumer tastings at a retail location are different from wholesaler-sponsored tastings.

For a public consumer tasting at a retail location, the retailer must provide the alcohol from the retailer’s own inventory. This applies even if a wholesaler, supplier representative, brand representative, or alcohol expert is present to talk about the products.

Common mistakes include:

• Letting a wholesaler provide the alcohol for a public consumer tasting at a retail location
• Using wholesaler sample products for a public retail tasting
• Allowing Solicitors Permit holders to contact consumers directly
• Advertising the tasting before confirming whether the local board requires approval
• Assuming a county tasting permit is not required

Under COMAR 14.23.04.05, a tasting on licensed retail premises is allowed only if the product is provided by the licensed retailer, and certain supplier or wholesaler representatives must hold a valid solicitor’s permit.

Retail tastings may also need local approval

Retail alcohol licenses are issued locally. Some counties may require a separate tasting permit. That permit may limit how many tastings a license holder can hold each year.

Contact the local licensing board before hosting, advertising, or selling tickets to a retail tasting.

Third-party tasting tours

Third-party tasting tours can create compliance problems if the tour operator sells or includes alcohol in the ticket price.

A third-party tour operator, event planner, marketing company, travel company, or promoter generally should not sell tickets that include alcoholic beverages unless the alcohol is sold by employees of the license holder and the license holder is otherwise allowed to sell that alcohol.

Common mistakes include:

• Selling a tour ticket that includes alcohol
• Collecting payment for alcohol when the third party does not hold the proper license
• Bundling transportation, food, and alcohol into one ticket price without confirming requirements
• Paying a tour company a commission based on alcohol sales
• Allowing a third party to control the alcohol service
• Advertising a tasting tour before confirming what each license holder may legally provide

For example, a winery should not pay a third-party tour company a commission for bringing tours to the winery based on alcohol sales. The winery should confirm whether any payment arrangement, referral structure, or ticket package creates a licensing or trade practice issue.

Private tastings, meal events, and ticketed events

Private tastings, pairing dinners, wine dinners, beer dinners, spirits dinners, and similar events may need review before tickets are sold or alcohol is served.

Common mistakes include:

• Selling tickets before confirming the event is allowed
• Including alcohol in the ticket price without confirming who may legally sell or provide it
• Hosting the event away from the licensed premises without approval
• Allowing a chef, caterer, event planner, or promoter to control alcohol sales
• Advertising the event before confirming approval or permit requirements
• Assuming “private” or “invitation-only” means the alcohol rules do not apply

Check before advertising, selling tickets, accepting deposits, or collecting payment.

Salons, barber shops, and other businesses offering alcohol

County laws govern whether a salon, barber shop, spa, or similar business may provide alcohol for free or include alcohol with the price of services.

Common mistakes include:

• Offering “free” alcohol without checking local law
• Including alcohol in the price of a haircut, salon service, spa service, or package
• Advertising complimentary alcohol without confirming whether it is allowed
• Letting customers serve themselves
• Assuming small servings or free drinks are exempt from alcohol rules

Contact the local licensing board before offering alcohol as part of a business service.

Solicitor permits and alcohol experts

A wholesaler, supplier representative, brand representative, or other alcohol expert may need a solicitor permit before participating in a tasting.

Common mistakes include:

• Letting a representative speak about products without confirming permit requirements
• Allowing a representative to pour, serve, or promote alcohol without checking whether that activity is allowed
• Assuming an unpaid expert does not need review
• Allowing a third-party promoter to present alcohol products without confirming permit requirements

Under COMAR 14.23.04.05, certain representatives of wine and distilled spirits suppliers or licensed wholesalers must have a valid solicitor’s permit for tastings on licensed retail premises.

Advertising a tasting

Do not advertise a tasting until you confirm the tasting is allowed.

Advertising can include:

• Social media posts
• Flyers
• Event pages
• Email announcements
• Menus
• Posters
• Ticket listings
• Website event calendars
• Paid ads

Common mistakes include:

• Advertising before confirming approval
• Promoting a tasting that includes alcohol in the ticket price
• Naming a wholesaler or supplier in a way that creates a trade practice issue
• Advertising a retail tasting before getting any required local permit
• Advertising a salon, barber shop, or similar service package that includes alcohol without checking county rules

Link this section to the separate Advertising and Promotion Requirements page.