Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:

1. (1) The establishment must have a permanent seating capacity of fifty or more persons;
2. (2) Samples may not be offered from more than four products at any one time;
3. (3) The sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;
4. (4) Samples must be less than one-half ounce for each product sampled;
5. (5) A person may not be served more than one sample of each product;
6. (6) Sampling may not be offered for more than four hours;
7. (7) At least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;
8. (8) A sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;
9. (9) A licensed establishment may not offer more than one sampling each day; and
10. (10) The sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler.