Sec. 03.02.01.14. Sales by Holders of Class E Water Vessel Licenses

A. Unless prohibited by local law, the holder of a Class E Beer, Wine and Liquor Water Vessel license may sell and serve alcoholic beverages for on-vessel consumption:

(1) Only to paying passengers who are a part of a bona fide regularly scheduled or chartered tour; and

(2) While the vessel is:

(a) Made fast to a wharf, pier, piling, etc., or

(b) Underway.

B. A Class E Water Vessel licensee may not sell or serve any alcoholic beverages to the public at large or to any person who is not a bona fide paying passenger.

C. Nothing in this regulation shall prevent a local Board of License Commissioners from issuing a temporary or permanent license to a qualifying applicant for use on the vessel while the vessel is made fast to any wharf, pier, piling, etc., in the jurisdiction of the local licensing authority. However, the Statewide Class E License may not be used and shall be relinquished during the term any local license is in effect.

D. For the purpose of this regulation, the term "paying passengers" means:

(1) Those persons who directly or indirectly pay a fee for boarding a regularly scheduled or chartered tour on a vessel; and

(2) Guests of any person described in §D(1) of this regulation.