SP0766, LD 2131, item 1, An Act To Correct Errors, Inconsistencies and Conflicts in and To Revise the State's Liquor Laws

An Act To Correct Errors, Inconsistencies and Conflicts in and To Revise the State's Liquor Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17 MRSA §2003-A, as amended by PL 2001, c. 139, §1, is further amended by amending the section headnote to read:

§ 2003-A. Definitions Public drinking

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Authorized person" means a person having a relationship to the premises, which is unique and not shared by the general public. With respect to property owned by another, it includes a tenant, custodian or night watchman. With respect to publicly-owned property, it includes police officers and other public employees charged with the responsibility of maintaining or protecting public property.

B. "Liquor" means and includes any alcoholic, spirituous vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption, which contains more than 1/2 of 1% of alcohol by volume.

C. "Open container" means not having a cap, stopper or other cover in place.

D. "Public place" means:

(1) A place owned or operated by a governmental entity to which the public at large or a substantial group has access, including but not limited to:

(a) Public ways as defined in Title 17-A, section 505;

(b) Schools, government-owned custodial facilities;

(c) The lobbies, hallways, lavatories, toilets and basement portions of apartment houses, hotels, public buildings and transportation terminals; and

(d) Public beaches; and

(2) Private ways and parking areas, physically adjacent to public ways and designed primarily for vehicular traffic.

2. Crime. A person is guilty of public drinking if the person drinks liquor in any public place within 200 feet of a notice posted conspicuously in the public place by the owner or authorized person that forbids drinking in the public place or after being forbidden to do so personally by a law enforcement officer, unless the person has been given permission to do so by the owner or authorized person.

3. Evidence. The possession of an open container of liquor in a public place is prima facie evidence of a violation of this section.

4. Violation. Violation of this section is a Class E crime.

Sec. 2. 28-A MRSA §1, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

§ 1. Compliance required; penalty

Any Except as otherwise provided by law, a person who that purchases, imports, causes to be imported, transports, causes to be transported, manufactures, possesses or , sells or offers for sale alcohol in violation of law commits a Class E crime.

Sec. 3. 28-A MRSA §2, sub-§2-C is enacted to read:

2-C. Bed and breakfast guest. "Bed and breakfast guest" means a person whose name and address are registered on the registry maintained by the bed and breakfast and who is the bona fide occupant of a room of the bed and breakfast. "Bed and breakfast guest" does not include a person whose name and address are registered on the bed and breakfast registry solely for the purpose of obtaining liquor.

Sec. 4. 28-A MRSA §2, sub-§4, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

4. Bottler. "Bottler" means a person who that packages spirits, wine or beer malt liquor for sale in containers , and is not engaged in distilling, brewing, fermenting or rectifying liquor.

Sec. 5. 28-A MRSA §2, sub-§5, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

5. Brewer Brewery. " Brewer Brewery" means a person who produces malt liquor by fermentation of malt, wholly or partially, or from any substitute for malt. that engages in the activities under either paragraph A or B, or both:

A. Brewing, lagering and kegging, bottling or packaging the person's own malt liquor; or

B. Producing or bottling low-alcohol spirits products consisting of malt liquor to which spirits have been added.

Sec. 6. 28-A MRSA §2, sub-§7, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

7. Catering. "Catering" means service of liquor with or without food by a person to groups at a prearranged function.

A. " Off-premise Off-premises catering" means service of liquor with or without food by a licensee to groups at prearranged functions located at a place other than the licensee's premises.

B. " On-premise On-premises catering" means service of liquor with or without food by a licensed club having the catering privilege to groups of nonmembers at prearranged functions.

Sec. 7. 28-A MRSA §2, sub-§8, as amended by PL 1997, c. 373, §11, is repealed and the following enacted in its place:

8. Certificate of approval holder. "Certificate of approval holder" means:

A. An in-state manufacturer of malt liquor, wine or spirits licensed under section 1355-A; or

B. An out-of-state manufacturer or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361.

Sec. 8. 28-A MRSA §2, sub-§9-B is enacted to read:

9-B. Club member. "Club member" means a person who, whether as a charter member or admitted in accordance with the bylaws of the club, is a bona fide member of that club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. A person who does not have full club privileges may not be considered a bona fide member.

Sec. 9. 28-A MRSA §2, sub-§10-B is enacted to read:

10-B. Dining car or passenger car. "Dining car" or "passenger car" means a railroad car in which food and liquor are served.

Sec. 10. 28-A MRSA §2, sub-§11, as enacted by PL 1987, c. 45, Pt. A, §4, is repealed and the following enacted in its place:

11. Distillery. "Distillery" means a person that engages in the activities under either paragraph A or B, or both:

A. Producing the person's own spirits by the process of distillation; or

B. Producing low-alcohol spirits products.

Sec. 11. 28-A MRSA §2, sub-§11-E is enacted to read:

11-E. Full meal. "Full meal" means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking.

Sec. 12. 28-A MRSA §2, sub-§12-B is enacted to read:

12-B. Hotel guest. "Hotel guest" means a person whose name and address are registered on the registry maintained by the hotel and who is the bona fide occupant of a room of the hotel. "Hotel guest" does not include a person whose name and address are registered on the hotel registry solely for the purpose of obtaining liquor.

Sec. 13. 28-A MRSA §2, sub-§12-C is enacted to read:

12-C. International air terminal. "International air terminal" means a terminal in an airport served by one or more bona fide international airlines.

Sec. 14. 28-A MRSA §2, sub-§12-D is enacted to read:

12-D. International passenger in transit. "International passenger in transit" means an airline passenger who is in transit and whose point of origin or point of destination is a foreign country.

Sec. 15. 28-A MRSA §2, sub-§15, as amended by PL 2019, c. 281, §§2 and 3, is further amended to read:

15. Licensed establishment. "Licensed establishment" means premises to which a license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed premises applies , and any person or organization which that is licensed to sell spirits, wine or malt liquor in during the times , and in the places and manners as specified in the license. The following may be licensed establishments.

A. "Airline corporation" means any a person operating regularly scheduled intrastate or interstate passenger air transportation.

B. "Auditorium" means any a commercially operated indoor or outdoor facility designed or used for the gathering of an audience for speeches and live performances of theater, music, dance or other performing arts that charges a fee and has adequate facilities for the sale and consumption of liquor.

B-1. "Bowling center" means an indoor facility operating that operates at least 8 regulation lanes for the purpose of conducting the game of bowling which , that is open to the general public and which that has suitable adequate facilities for the sale and consumption of liquor.

B-2. "Bed and breakfast" means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day.

C. "Civic auditorium" means a municipal, county or state or a quasi-municipal, quasi-county or quasi-state owned or operated auditorium or civic center.

D. "Club" means any reputable a group of individuals incorporated and operating in a bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature and not for pecuniary gain.

(1) "Club member" means a person who, whether as a charter member or admitted in accordance with the bylaws of the club, has become a bona fide member of that club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address is entered on the list of members. No person who does not have full club privileges may be considered a bona fide member.

D-1. "Curling club center" means any a facility offering that offers curling facilities to the public for a fee , that offers food for sale to the public and that has adequate facilities for the sale and consumption of liquor.

D-2. "Common consumption area" means an area designated as a common area within an entertainment district in which customers of more than one common consumption area licensee are permitted to consume spirits, wine and malt liquor sold by the common consumption area licensees.

E. "Dining car" and "passenger car" mean cars in which food and liquor are served.

F-1. "Disc golf course" means any a commercially operated facility offering that offers disc golfing facilities to the general public for a fee, that offers food for sale to the public and that has adequate facilities for the sale and consumption of liquor. A disc golf course consists of must have no less fewer than 18 disc golfing holes with a total distance of no less than 5,000 feet per 18 disc golfing holes and has must have a value of not less than $50,000.

G. "Golf course" means a commercially operated facility, whether publicly or privately owned, offering that offers golfing facilities to the general public for a fee, including a regulation size regulation-size golf course of not less than 9 holes and an average total of not less than 1,200 yards per 9 holes, that has a value of not less than $100,000, that offers food for sale to the public and that has adequate facilities for the sale and consumption of liquor.

H. "Hotel" means any reputable a place operated by responsible persons of good reputation, where the public obtains sleeping accommodations for a consideration and where meals may be served food is offered for sale to the public, whether or not under one roof. Nothing in this paragraph may be held to prevent the bureau from issuing a part-time license to a bona fide part-time hotel.

(1) A hotel is considered to be serving meals when it provides on the premises one or more public dining rooms, open and serving food during the morning, afternoon and evening, and a separate kitchen in which food is regularly prepared for the public.

(2) Nothing in this paragraph may be held to prevent the bureau from issuing part-time licenses to bona fide part-time hotels.

(3) "Hotel guest" means a person whose name and address is registered on the registry maintained by the hotel and who is the bona fide occupant of a room of the hotel. A person registering solely for the purpose of obtaining liquor is not considered a hotel guest.

I. "Incorporated civic organization" means any an organization incorporated as a corporation without stock under Title 13, chapter 81 or Title 13-B with a civic or charitable purpose, including but not limited to relief of poverty, advancement of education and the arts, promotion of social health, safety and welfare, fostering community and economic development, protection against animal cruelty, combating community deterioration, lessening the burdens of government and providing assistance to the underprivileged and distressed.

J. "Indoor ice skating club center" means any a commercially operated indoor facility offering that offers ice skating facilities to the general public , which charges for a fee , that offers food for sale to the public and which that has adequate facilities for the sale and consumption of liquor.

K. "Indoor racquet club center" means any a commercially operated indoor facility with 4 or more courts or areas designed or used for the playing of any a racquet sport, which that is open to the general public , which charges for a fee , that offers food for sale to the public and which that has adequate facilities for the sale and consumption of liquor. Racquet sports include tennis, squash, handball, paddleball and badminton.

K-1. "International air terminal" means an airport served by one or more bona fide international air carriers.

L. "Class A lounge" means a reputable place operated by responsible persons of good reputation, where food and liquor are sold at tables, booths and counters.

L-1. "Minibar" means a self-contained locking cabinet, refrigerated or unrefrigerated, designed for storing, dispensing and selling liquor and related merchandise.

M. "Outdoor stadium" means any a commercially operated outdoor facility with 3,000 or more fixed seats that is designed or used for the playing of any a sport or for an event , that is open to the general public , charges for a fee and that has adequate facilities for the sale and consumption of wine and malt liquor.

N. "Performing arts center" means any a charitable or nonprofit corporation incorporated as a corporation without capital stock under Title 13, chapter 81 , and which that has as its primary purpose the encouragement, promotion and presentation of the arts for the benefit of the general public.

N-1. "Pool hall" means a pool hall or billiard room that contains at least 6 regulation pool tables and generates at least 50% of its gross annual income from the sale of games of pool or the rental of pool tables.

O. "Public service corporation" means an airline corporation, railroad corporation or vessel corporation operating in the State.

P. "Qualified catering service" means a catering establishment as defined in Title 22, chapter 562 , and licensed by the Department of Health and Human Services.

P-1. "Railroad corporation" means a corporation operating one or more dining cars or passenger cars within the State.

Q. "Restaurant" means a reputable place operated by responsible persons of good reputation, which that is regularly used for the purpose of providing food for the public , and which that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public.

R. "Class A restaurant" means a reputable place operated by responsible persons of good reputation that is regularly used for the purpose of providing full course meals for the public on the premises, that is equipped with a separate and complete kitchen , and that maintains adequate dining room equipment and capacity for preparing and serving full course meals upon the premises. A Class A restaurant/lounge is not a Class A restaurant.

(1) A full course meal consists of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking.

R-1. "Class A restaurant/lounge" means a reputable place operated by responsible persons of good reputation that is regularly used for the purpose of providing full course meals for the public on the premises, that is equipped with a separate and complete kitchen , and that maintains adequate dining room equipment and capacity for preparing and serving full course meals upon the premises but that:

(1) After 9 p.m., serves liquor and does not serve full course meals; or

(2) Maintains a room or rooms, separate from the main restaurant space, in which full course meals are not regularly served and where liquor is sold at tables, booths and counters.

For purposes of this paragraph, the term "full course meals" means meals consisting of a diversified selection of food that ordinarily can not be consumed without the use of tableware and that can not be conveniently consumed while standing or walking.

S. "Ship chandler" means a retail establishment supplying provisions, including malt liquor and wine, to ships of foreign registry.

T-1. "Tavern" means a reputable place operated by responsible persons where food may be sold and malt liquor may be sold at tables, booths and counters.

V. "Vessel" means any ship, vessel or boat of any kind used for navigation of the coastal water or for commercial navigation of inland waters and licensed for carrying not less than 25 passengers under the requirements of the Public Utilities Commission or the United States Coast Guard.

W. "Vessel corporation" means a corporation operating one or more vessels within the State.

Sec. 16. 28-A MRSA §2, sub-§16-A, as amended by PL 2017, c. 301, §1, is further amended to read:

16-A. Low-alcohol spirits product. "Low-alcohol spirits product" means a product containing spirits that has an alcohol content of more than 1/2 of 1% of alcohol by volume but no more than 8% or less of alcohol by volume. Beginning July 1, 2019, "low-alcohol spirits product" does not mean a flavoring, such as an extract or concentrate, added to a malt beverage or wine that:

A. May or may not contain alcohol;

B. Is not intended to be consumed alone as a beverage or a food product but serves as a flavor enhancement to a beverage or a food product; and

C. Is not, prior to being added to a malt beverage or wine, subject to excise tax under chapter 65.

Sec. 17. 28-A MRSA §2, sub-§19-A, as enacted by PL 2009, c. 458, §1, is repealed.

Sec. 18. 28-A MRSA §2, sub-§23-A, as enacted by PL 1999, c. 760, §1, is repealed.

Sec. 19. 28-A MRSA §2, sub-§25, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

25. Rectifier. "Rectifier" means a person who that produces spirits or low-alcohol spirits products by combining spirits with other products.

Sec. 20. 28-A MRSA §2, sub-§27, as amended by PL 1997, c. 373, §18, is further amended to read:

27. Retailer or retail licensee. "Retailer" or "retail licensee" means any a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink , for on-premises or off-premises consumption on or off the premises where sold. "Retailer" does and "retail licensee" do not include wholesalers as defined in subsection 35.

A. " Off-premise Off-premises retail licensee" means a person licensed to sell liquor in sealed bottles, containers or original packages to be consumed off the premises where sold.

B. " On-premise On-premises retail licensee" means a person licensed to sell liquor to be consumed on the premises where sold.

Sec. 21. 28-A MRSA §2, sub-§29, as amended by PL 2019, c. 529, §2, is further amended to read:

29. Small brewery. "Small brewery" means a facility that brews, lagers and kegs, bottles or packages its own malt liquor, not to exceed 30,000 barrels per year. person that engages in the activities under either paragraph A or B, or both:

A. Brewing, lagering and kegging, bottling or packaging the person's own malt liquor; or

B. Producing or bottling low-alcohol spirits products consisting of malt liquor to which spirits have been added.

"Small brewery" does not include a person that engages in the activities described in paragraph A or B that produces in total more than 30,000 barrels per year of malt liquor and low-alcohol spirits products consisting of malt liquor to which spirits have been added.

Sec. 22. 28-A MRSA §2, sub-§29-A, as amended by PL 2019, c. 404, §1, is further amended to read:

29-A. Small distillery. "Small distillery" means a distiller that produces spirits in an amount that does not exceed 50,000 gallons per year. person that engages in the activities under either paragraph A or B, or both:

A. Producing the person's own spirits by the process of distillation; or

B. Producing low-alcohol spirits products.

"Small distillery" does not include a person that engages in the activities described in paragraph A or B that produces in total more than 50,000 gallons per year of spirits and low-alcohol spirits products.

Sec. 23. 28-A MRSA §2, sub-§29-B, as amended by PL 2019, c. 529, §3, is further amended to read:

29-B. Small winery. "Small winery" means a facility person that ferments, ages and or bottles:

A. Up to 50,000 gallons per year of its the person's own wine that is not hard cider; and

B. Up to 3,000 barrels per year of its the person's own wine that is hard cider.

Sec. 24. 28-A MRSA §2, sub-§31-A, as enacted by PL 2013, c. 269, Pt. A, §1 and amended by c. 368, Pt. V, §61, is further amended to read:

31-A. Spirits administration. "Spirits administration" or "administration" means the management of spirits activities involving the distribution and sale of spirits by the bureau or any person awarded a contract under section 90 the wholesale spirits provider. "Spirits administration" includes, but is not limited to, financial and performance management; profitable and responsible growth management; management of contracts; management of agency liquor store matters and orders; personnel management; monitoring and reporting of spirits inventory; management of bailment records and billing; management of accounts receivable, accounts payable and tax collection and reporting; and sales and profit reporting. "Spirits administration" does not include warehousing and distribution of spirits by the bureau.

Sec. 25. 28-A MRSA §2, sub-§31-B, as enacted by PL 2013, c. 269, Pt. A, §1 and amended by c. 368, Pt. V, §61, is further amended to read:

31-B. Spirits trade marketing. "Spirits trade marketing" or "trade marketing" means oversight and management by the bureau or any person awarded a spirits trade marketing contract under section 90. "Spirits trade marketing" includes, but is not limited to, agency liquor store category management, analysis and recommendations; agency liquor store shelf reset recommendations; agency liquor store displays, advertising, point-of-sale material and event marketing recommendations; development, production and distribution of sales, marketing and informational publications; consultation and coordination with spirits suppliers and brokers on matters affecting their brands; and development, production and distribution of any social responsibility initiatives and compliance related to those initiatives.

Sec. 26. 28-A MRSA §2, sub-§31-C is enacted to read:

31-C. Spirits supplier. "Spirits supplier" means a person that provides spirits for sale by the bureau in the State, including:

A. An in-state or out-of-state spirits manufacturer;

B. A person that engages in the out-of-state purchase of spirits for resale to the bureau; and

C. An agent or representative of a person described in paragraph A or B.

Sec. 27. 28-A MRSA §2, sub-§32-A, as enacted by PL 2013, c. 345, §1, is amended to read:

32-A. Tenant brewer brewery. "Tenant brewer brewery" means a person who that has submitted a brewer's notice to and received approval from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the brewer person to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce malt liquor at a manufacturing facility of another brewer who brewery that is licensed by the bureau.

Sec. 28. 28-A MRSA §2, sub-§33-A is enacted to read:

33-A. Vessel. "Vessel" means a ship, vessel or boat of any kind used for navigation of the coastal waters or for commercial navigation of inland waters and licensed for carrying not less than 25 passengers under the requirements of the Public Utilities Commission or the United States Coast Guard.

Sec. 29. 28-A MRSA §2, sub-§34, as amended by PL 1997, c. 373, §20, is further amended to read:

34. Wholesale licensee. "Wholesale licensee" means a person licensed by the bureau under section 1401 as a an in-state wholesaler.

Sec. 30. 28-A MRSA §2, sub-§34-A is enacted to read:

34-A. Wholesale spirits provider. "Wholesale spirits provider" means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption.

Sec. 31. 28-A MRSA §2, sub-§35, as amended by PL 1987, c. 342, §12, is further amended to read:

35. Wholesaler. "Wholesaler" means a person who that engages in the purchase and resale of malt or brewed beverages or wines malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except when taste testing, on the premises of that wholesaler during a taste-testing event conducted in accordance with the requirements of this Title.

Sec. 32. 28-A MRSA §2, sub-§36, as amended by PL 1993, c. 462, §5, is further amended to read:

36. Wine. "Wine" means any liquor containing not more than 24% alcohol by volume that is produced by the fermentation of fruit or other agricultural products containing sugar or wine to which spirits have been added not to exceed 24% alcohol by volume. "Wine" includes, but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine , provided that the alcohol content is not above do not contain more than 24% alcohol by volume.

Sec. 33. 28-A MRSA §2, sub-§37, as amended by PL 1997, c. 767, §3, is further amended to read:

37. Winery. "Winery" means a facility person that ferments, ages and or bottles the person's own wine and hard cider.

Sec. 34. 28-A MRSA §3-B, sub-§1, ¶A, as enacted by PL 2013, c. 476, Pt. A, §4, is amended to read:

A. Purchase of spirits and, until June 30, 2014, fortified wine;

Sec. 35. 28-A MRSA §3-B, sub-§2, as enacted by PL 2013, c. 476, Pt. A, §4, is amended to read:

2. Timing of payment from agency liquor store. An agency liquor store, when approved by the bureau, may pay for spirits purchased from the bureau by mailing a check for payment to the bureau or an entity awarded a contract under section 90 the wholesale spirits provider when notified of the amount due or upon receiving a delivery of spirits. Payments remitted by check must be received or postmarked within 3 days of receipt of a delivery of spirits or notification of the amount due. Payments remitted using electronic funds transfer must be debited within 3 days of receipt of a delivery of spirits or notification of the amount due.

Sec. 36. 28-A MRSA §3-B, sub-§3, as enacted by PL 2013, c. 476, Pt. A, §4, is amended to read:

3. Payments returned for insufficient funds or not honored; suspension. If a payment made to the bureau is returned for insufficient funds or is not honored, the bureau shall immediately notify the licensee. If the bureau does not receive payment in full, in a manner prescribed by the bureau, by 5:00 p.m. on the 2nd business day after notifying the licensee, the bureau, notwithstanding chapter 33 and Title 5, chapter 375, subchapter 5, may immediately suspend the licensee's license. The director of the bureau or the director's designee shall notify the licensee of the suspension and shall demand that the licensee provide proof of payment within 30 days of the date of suspension. If the licensee fails to show proof that the payment returned for insufficient funds or not honored was subsequently paid in full, the suspension remains in effect until payment is made or until the license is subject to renewal as provided in section 458. A licensee aggrieved by a decision of the director or the director's designee may request in writing and must be granted a hearing before the District Court, which shall consider the matter in the same manner as is provided in section 803. The bureau may require a licensee whose payment is returned for insufficient funds or not honored to make all payments to the bureau by cash, certified check or money order only for a period not to exceed one year for each instance of payments returned for insufficient funds or not honored. For the purposes of this subsection, payments made to the bureau include payments to the entity contracted by the State under section 90 the wholesale spirits provider.

Sec. 37. 28-A MRSA §4, sub-§1, as amended by PL 2015, c. 74, §1, is further amended to read:

1. Hours for sale of liquor. Except as provided in paragraphs B and D this subsection, licensees may sell or deliver liquor from 5 a.m. on any day until 1 a.m. of the following day.

B. Licensees may sell liquor on January 1st of any year from 12 midnight to 2 a.m.

(1) In areas in which liquor may be sold except on Sundays, if January 1st falls on a Monday, licensees may sell or deliver liquor between 9 p.m. Sunday, December 31st and 2 a.m. January 1st, notwithstanding any local option decisions to the contrary.

D. Wholesale licensees may sell or deliver liquor to licensed establishments from 4 a.m. on any day until 1 a.m. the following day.

E. An on-premises retail licensee located in an international air terminal may sell liquor to an international passenger in transit at any time of day.

Sec. 38. 28-A MRSA §6-A, sub-§2, ¶A, as enacted by PL 2019, c. 46, §2, is amended to read:

A. Liquor sold by the manufacturer for on-premises consumption pursuant to section 1355-A, subsection 2, paragraph E, F B or I; or

Sec. 39. 28-A MRSA §10, as amended by PL 2017, c. 167, §3 and c. 324, §1, is further amended by amending the section headnote to read:

§ 10. Class A restaurant and off-premise off-premises retail licensee on same premises

1. Class A restaurant or restaurant and off-premise retail licensee on same premises not prohibited. If a portion of premises is licensed as an off-premise retail licensee, no provision within this Title may be construed to prohibit issuance of a Class III or Class IV license to the same licensee for a restaurant or Class A restaurant for the remaining portion of the premises, as long as necessary qualifications are maintained for each separately licensed area.[PL 2013, c. 344, § 1 (AMD).]

2. Access between the 2 licensed areas. There may be access between the 2 licensed areas for the licensee or the licensee's employees if it is through areas open only to the licensee or the employees. There must be complete nonaccess between the 2 licensed areas by the public.[PL 2013, c. 344, § 1 (AMD).]

2-B. Access exception. Notwithstanding subsection 2, there may be access between the 2 licensed areas by the public as provided by this subsection.

A. There may be access between the 2 licensed areas when there is a clear delineation of space, by a wall or permanent barrier that separates the 2 licensed areas and allows only one clearly defined and controlled point of access for patrons between the licensed establishments. The controlled point of access is not required to include a door that must be physically opened and closed. [PL 2015, c. 494, Pt. D, § 9 (NEW).]

B. When access between the 2 licensed areas exists for patrons of either establishment, all malt liquor and wine sold for on-premises consumption must be served by an employee of the licensed establishment and may be served only when accompanying food or a full course meal prepared in a separate and complete kitchen on the premises. A restaurant under this paragraph must serve food. For the purposes of this paragraph, "food" includes cold or hot meals, including sandwiches and salads, but is not limited to hamburgers, cheeseburgers, hot dogs, pizzas and other food items that customarily appear on a restaurant menu. "Food" does not include prepackaged snack foods such as popcorn, chips or pretzels. A Class A restaurant under this paragraph must serve a full course meal. [PL 2017, c. 167, § 3 (AMD).]

C. Malt liquor or wine sold or served on the premises may not be transported by a patron or employee of either establishment from one licensed area to another. The licensee shall ensure that easily readable signs are conspicuously posted to inform the public that transfer of alcoholic beverages from one licensed area to another is strictly prohibited. [PL 2015, c. 494, Pt. D, § 9 (NEW).]

[PL 2017, c. 167, § 3 (AMD).]

3. Licensee to maintain separate records, supplies and inventory. The licensee shall maintain records within each separate licensed establishment in accordance with the appropriate license privilege authorized for each separate area. The licensee shall maintain supplies and inventory separately in accordance with the appropriate license privilege either in each separate licensed establishment or, with prior approval of the bureau, in one storage area on the premises with appropriate separation of the supplies and inventory.[PL 2013, c. 344, § 1 (AMD).]

4. Application. This section does not apply to:

A. A dual license holder under section 1208; or [PL 2017, c. 324, § 1 (NEW).]

B. A manufacturing facility licensed under section 1355-A at the same location as a retail establishment authorized by section 1355-A, subsection 2, paragraph I. [PL 2017, c. 324, § 1 (NEW).]

Sec. 40. 28-A MRSA §10, sub-§1, as amended by PL 2013, c. 344, §1, is further amended to read:

1. Class A restaurant or restaurant and off-premise off-premises retail licensee on same premises not prohibited. If a portion of the premises is licensed as an off-premise off-premises retail licensee, no provision within this Title may be construed to prohibit issuance of a Class III or Class IV license to the same licensee for a restaurant or Class A restaurant for the remaining portion of the premises, as long as necessary qualifications are maintained for each separately licensed area.

Sec. 41. 28-A MRSA §10, sub-§2-B, ¶B, as amended by PL 2017, c. 167, §3, is further amended to read:

B. When access between the 2 licensed areas exists for patrons of either establishment, all malt liquor and wine sold for on-premises consumption must be served by an employee of the licensed on-premises establishment and may be served only when accompanying food or a full course meal prepared in a separate and complete kitchen on the premises. A restaurant under this paragraph must serve food. For the purposes of this paragraph, "food" includes cold or hot meals, including sandwiches and salads, but is not limited to hamburgers, cheeseburgers, hot dogs, pizzas and other food items that customarily appear on a restaurant menu. "Food" does not include prepackaged snack foods such as popcorn, chips or pretzels. A Class A restaurant under this paragraph must serve a full course meal. :

(1) Must be accompanied by a full meal prepared in a separate and complete kitchen on the premises of the on-premises establishment if the on-premises establishment is a Class A restaurant; or

(2) Must be accompanied by a full meal or a hot or cold meal prepared in a separate and complete kitchen on the premises of the on-premises establishment if the on-premises establishment is a restaurant. For purposes of this subparagraph, a "hot or cold meal" means a meal consisting of food items that customarily appear on a restaurant menu including, but not limited to, sandwiches, salads, hamburgers, cheeseburgers, hot dogs and pizza. A meal consisting solely of prepackaged snack foods such as popcorn, chips or pretzels is not a "hot or cold meal" within the meaning of this subparagraph.

Sec. 42. 28-A MRSA §10, sub-§2-B, ¶C, as enacted by PL 2015, c. 494, Pt. D, §9, is amended to read:

C. Malt liquor or wine sold or served on the premises may not be transported by a patron or employee of either establishment from one licensed area to another. The licensee shall ensure that easily readable signs are conspicuously posted to inform the public that transfer of alcoholic beverages malt liquor or wine from one licensed area to another is strictly prohibited.

Sec. 43. 28-A MRSA §11, sub-§1, as amended by PL 1997, c. 373, §25, is further amended to read:

1. Connection with other licensed premises. Notwithstanding any other law or rule of the bureau to the contrary, any a retailer's licensed premise premises may be connected with any other another retailer's licensed premise premises by a doorway or other apertures aperture that are is not securely and permanently sealed.

Sec. 44. 28-A MRSA §11, sub-§2, as enacted by PL 1987, c. 45, Pt. A, §4, is further amended to read:

2. Violation of public drinking law. Any persons A person taking a drink of liquor to another person, offering a drink of liquor to another person or consuming liquor within the licensed premises of an off-premise off-premises retail licensee under the common roof shall be is considered in violation of and subject to punishment under Title 17, section 2003-A and shall be punished accordingly. This subsection does not prohibit product sampling and taste testing authorized by and conducted in accordance with the requirements of this Title.

Sec. 45. 28-A MRSA §13, as enacted by PL 1991, c. 528, Pt. VV, §3 and c. 591, Pt. VV, §3, and affected by c. 528, Pt. RRR, is repealed and the following enacted in its place:

§ 13. Low-alcohol spirits products sold by wine licensees

1. Retail sales. Notwithstanding any provision of this Title to the contrary, a person licensed to sell wine for on-premises or off-premises consumption may also sell low-alcohol spirits products. All provisions of this Title applicable to wine, except chapters 65 and 67, apply to low-alcohol spirits products when sold by persons licensed to sell wine for on-premises or off-premises consumption.

2. Wholesale sales. Notwithstanding any provision of this Title to the contrary, a person licensed under section 1401 as an in-state wholesaler of wine may also sell and distribute low-alcohol spirits products.

Sec. 46. 28-A MRSA §14, as enacted by PL 2003, c. 68, §1, is repealed and the following enacted in its place:

§ 14. Hard cider sold by wine or malt liquor licensees

1. Retail sales. Notwithstanding any provision of this Title to the contrary, a person licensed to sell malt liquor for on-premises or off-premises consumption may also sell hard cider. All provisions of this Title applicable to malt liquor, except chapter 65, apply to hard cider when hard cider is sold by persons licensed to sell malt liquor for on-premises or off-premises consumption. Nothing in this subsection prohibits a person licensed to sell wine for on-premises or off-premises consumption from selling hard cider.

2. Wholesale sales. Notwithstanding any provision of this Title to the contrary, a person licensed under section 1401 as an in-state wholesaler of malt liquor may also sell and distribute hard cider. Nothing in this subsection prohibits a person licensed under section 1401 as an in-state wholesaler of wine from selling and distributing hard cider.

Sec. 47. 28-A MRSA §81, sub-§3, as enacted by PL 1997, c. 373, §28, is amended to read:

3. Listing of items. The commission shall determine which spirits items may be listed for sale in the State. Products listed must be made available by the spirits supplier at a warehouse designated by the commission.

Sec. 48. 28-A MRSA §81, sub-§4, as enacted by PL 1997, c. 373, §28, is amended to read:

4. Notice to delist or stop purchases. Before any spirits item listed by the commission is discontinued or delisted or before the commission issues any order to stop purchases of any listed spirits item listed, the commission shall give the vendor of the items item reasonable written notice of its intention to delist or stop purchase of the items item.

Sec. 49. 28-A MRSA §83-B, sub-§8, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:

8. Rules for food service organizations. Adopt rules permitting food service organizations to purchase malt liquor , wine and fortified and wine from a wholesale licensee, notwithstanding section 1401, subsection 9. For the purposes of this subsection, "food service organization" means a business entity that provides catering services to passengers on international flights and cruises. The rules must provide that a food service organization is not required to have a license in order to purchase malt liquor , wine and fortified and wine from a wholesale licensee for consumption by passengers on international flights and cruises after leaving port;

Sec. 50. 28-A MRSA §83-C, sub-§2, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:

2. Price regulation. Establish the wholesale and retail prices of spirits sold in this State and make recommendations to the commission regarding the retail prices of spirits sold in the State. The bureau shall adopt rules regarding the wholesale pricing of spirits and the retail pricing of spirits sold by to agency liquor stores. An entity awarded a contract under section 90 The wholesale spirits provider is granted the privilege to distribute spirits under this Title and is immune from antitrust action so long as the entity wholesale spirits provider is in compliance with the bureau's rules and all other applicable laws and regulations;

Sec. 51. 28-A MRSA §83-C, sub-§2-A, ¶C, as enacted by PL 2019, c. 404, §3, is amended to read:

C. The bureau may reduce, at the expense of the manufacturer or the spirits supplier, the retail price of those test-market spirits items that fail to meet set minimum gross profit standards after a 3-month period . ;

Sec. 52. 28-A MRSA §83-C, sub-§3, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:

3. Purchase. Oversee the wholesale purchase and storage of spirits for sale in the State. If the bureau awards a contract under section 90, spirits Spirits delivered to the wholesale spirits provider and stored at a warehouse approved by the bureau designated by the commission under section 81 are the property of the spirits supplier. Spirits become the property of the bureau upon removal from the warehouse for shipment to an agency liquor store. Spirits delivered to an agency liquor store become the property of the licensee upon receipt of delivery. A person awarded a contract under section 90 The wholesale spirits provider at no time takes legal title to any spirits delivered to the warehouse. The bureau may buy and have in its possession spirits for sale to the public. The bureau shall buy spirits directly and not through the State Purchasing Agent. All spirits must be free from adulteration and misbranding;

Sec. 53. 28-A MRSA §83-C, sub-§5, as enacted by PL 2013, c. 476, Pt. A, §9, is amended to read:

5. Sales incentives to agents; rules. Consider federal regulations that govern sales incentives for alcoholic beverages spirits and the effect of a sales incentive program on General Fund revenue and a pending or existing contracts contract with any person awarded a contract under section 90 a wholesale spirits provider. The bureau may adopt rules to provide for a sales incentive program for agency liquor stores. Rules adopted in accordance with this subsection are major substantive rules pursuant to as defined in Title 5, chapter 375, subchapter 2-A;

Sec. 54. 28-A MRSA §83-C, sub-§9, as amended by PL 2019, c. 404, §4, is further amended to read:

9. Report on expenditures. Report annually on expenditures and investments made by the bureau, including, but not limited to, reductions in the retail price at which spirits are sold and incentives offered to agency liquor stores, to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs and the joint standing committee of the Legislature having jurisdiction over alcoholic beverage beverages matters. The report must include the impact of those spending initiatives on the number of cases of spirits sold in the State and on sales of spirits generally.

Sec. 55. 28-A MRSA §84, sub-§2, as amended by PL 2013, c. 368, Pt. V, §61, is further amended to read:

2. Act as chief administrative officer of bureau. Act as chief administrative officer of the bureau, having general charge of the office and records and employ such personnel as necessary to fulfill the purpose of this Title. The personnel must be employed with the approval of the Commissioner of Administrative and Financial Services commissioner and are subject to the Civil Service Law;

Sec. 56. 28-A MRSA §84, sub-§4, as amended by PL 2015, c. 430, §1, is further amended to read:

4. Confer with commissioner. Confer regularly as necessary or desirable and not less than once a month with the Commissioner of Administrative and Financial Services commissioner on the operation and administration of the bureau and make available for inspection by the Commissioner of Administrative and Financial Services commissioner, upon request, all books, records, files and other information and documents of the bureau;

Sec. 57. 28-A MRSA §85, sub-§2, as repealed and replaced by PL 2013, c. 476, Pt. A, §11, is amended to read:

2. Inventory. The bureau may keep and have on hand a stock of spirits for sale, the value of which when priced for resale must be computed on the delivered case cost F.O.B. liquor warehouse designated by the commission filed by liquor spirits suppliers. The inventory value must be based upon actual cost for which payment may be due. Spirits may not be considered to be in the inventory until payment has been made for them.

Sec. 58. 28-A MRSA §90, as enacted by PL 2013, c. 269, Pt. A, §4 and amended by c. 368, Pt. V, §61, is further amended to read:

§ 90. Contract for operations of wholesale liquor spirits activities

1. Statement of purpose. The Legislature finds that it is in the public interest to seek efficiencies and maximize growth in the State's wholesale spirits business while ensuring that growth in revenue from the business is achieved in a socially responsible manner. The contracting of the operations of the wholesale spirits business should serve this purpose and provide the State's agency liquor store partners with effective and efficient services in order to responsibly serve consumers of spirits in the State.

2. Contract for operations. The Commissioner of Administrative and Financial Services, referred to in this section as "the commissioner," commissioner shall enter into a contract for warehousing, distribution and spirits administration and a contract for spirits trade marketing, each for a term of 10 years. Each contract must be awarded pursuant to a competitive bid process in a manner similar to the process described in Title 5, chapter 155, subchapter 1-A. The commissioner is prohibited from contracting with a bidder who also that holds or has a direct financial interest in, or that has a principal officer that holds or has a direct financial interest in, a license or permit in this State or another state to distill, bottle or manufacture spirits liquor.

3. Development of request for bid proposals; fee. The commissioner shall develop a request for proposals designed to encourage vigorous bidding for the purpose of awarding 2 contracts for the operations of the State's wholesale spirits business. The commissioner shall request bids for the operation of spirits trade marketing separately from bids for the combined operations of warehousing, distribution and spirits administration. In order to be considered for a contract to conduct spirits trade marketing, a bidder must submit a nonrefundable application fee of up to $5,000. In order to be considered for a contract to conduct warehousing, distribution and spirits administration, a bidder must submit a nonrefundable application fee of up to $20,000. The application fee must be credited to an Other Special Revenue Funds account within the division of purchases within the Department of Administrative and Financial Services to be used for managing the application process. A request for proposals must inform potential bidders of the State's target gross revenue profit margin over the term of the contract and require the bidder to affirm that neither the bidder , or nor any of the principal officers of the bidder , does not hold holds or have has a direct financial interest in a license or permit in this State or any other another state for the distillation, bottling or manufacture of alcoholic beverages liquor. The request for proposals must instruct potential bidders to propose the scope of operations the bidder will provide and the fee for that service expressed as a percentage of revenue generated by the wholesale business. The request for proposals must direct bidders to indicate if the bidder intends to use subcontractors and to identify those subcontractors. The request for proposals must also inform potential bidders that they may propose incentives for the bidder intended to encourage responsible growth of revenue and enhanced efficiencies in services provided.

4. Information provided by bidders. A bidder seeking consideration of the award of a contract for the operations of the State's wholesale spirits business pursuant to this section shall comply with the requirements of this subsection.

A. A bidder on a contract to operate the warehousing, distribution and spirits administration functions of the wholesale spirits business shall identify services or operations for which the bidder may use a subcontractor and shall demonstrate:

(1) The bidder's financial capacity and access to capital to maintain the operations;

(2) The bidder's capabilities to provide adequate transportation and distribution of liquor spirits to agency liquor stores;

(3) The bidder's warehousing capabilities and proposed bailment rates for liquor spirits and related fees to be charged to liquor spirits suppliers;

(4) That the bidder, including any principal officer of the bidder and any named subcontractor, is of good moral character and has not been found to have violated any state or federal law or rule governing the manufacture, distribution or sale of alcoholic beverages liquor;

(5) The bidder's knowledge of the wholesale liquor business, alcoholic beverage industry or a related field;

(6) The bidder's plan to provide agency liquor stores with a minimum of 2 deliveries per week;

(7) The bidder's methods for processing orders and invoices, including any minimum ordering requirements, split case restrictions and inventory control plans;

(8) The bidder's business plan to provide services in a manner that will assist the State in achieving a target growth rate comparable to or exceeding that of other states that control the sale and distribution of alcoholic beverages spirits;

(9) The bidder's plan for enhancing services to liquor spirits suppliers and agency liquor stores; and

(10) The positive impact on the economy, employment and state revenues that the bidder's overall proposal will provide.

B. A bidder on a contract to provide spirits trade marketing shall:

(1) Demonstrate the bidder's business plan and marketing strategies to encourage responsible growth to the wholesale spirits business;

(2) Demonstrate the bidder's experience or knowledge, if any, of responsible marketing of alcoholic beverages liquor;

(3) Identify services for which the bidder may use a subcontractor;

(4) Demonstrate that the bidder, including any principal officer of the bidder and any named subcontractor, is of good moral character and has not been found to have violated any state or federal law or rule governing the manufacture, distribution or sale of alcoholic beverages liquor; and

(5) Demonstrate the positive impact on the economy, employment and state revenues that the bidder's overall proposal will provide.

In addition to the requirements of paragraphs A and B, the commissioner, in order to ensure that the objective of maximizing growth in the State's wholesale spirits business is achieved, may require bidders to provide additional information, including disclosure of the potential of a bidder's direct and substantial conflict of interest with the State's financial interest.

5. Award criteria and issuance of contract contracts. The commissioner shall select successful bidders for the contract to conduct the operations of warehousing, distribution and spirits administration and the contract to provide spirits trade marketing; however, both contracts may be awarded to the same bidder. The commissioner shall choose the best value bidder in conformity with Title 5, section 1825-B, subsection 7 and shall consider as criteria for award the information required to be provided in subsection 4, as applicable. When selecting a successful bidder for the contract to conduct the operations of warehousing, distribution and spirits administration, the commissioner may not consider as cause for disqualification for consideration any weakness in or inability to demonstrate proficiency in any one criterion listed in subsection 4, paragraph A, subparagraphs (6) to (10).

The commissioner shall ensure that the following criteria are met before entering into a contract with a bidder for operations of warehousing, distribution and spirits administration:

A. That revenue to the State from the sale of spirits is predictable over the term of the contract;

B. That revenue from the sale of spirits will be maximized by the issuance of the contract and achieved through efficiency of services or profit sharing or both;

C. That the contract establishes standards of efficiency and quality of operations;

D. That the bidder has demonstrated that services provided to agency liquor stores will be enhanced;

E. That, upon execution of the contract, the disruption of services to agency liquor stores and spirits suppliers will be minimal or absent; and

F. That the contract provides that the bureau must approve all bailment rates and related fees.

6. Contract provisions; oversight and performance review. A contract provided to a successful bidder in accordance with this section must require that the person awarded the contract submit to the bureau, in a form determined by the bureau, an annual report audited by an independent 3rd party. The bureau, following receipt of the report, shall provide the report annually to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and alcoholic beverages matters. The contract must prohibit the person awarded the contract from engaging in activities reserved for agency liquor stores licensed as reselling agents to provide spirits to establishments licensed for on-premises consumption. The contract must also include provisions that allow for ongoing performance standards review so that deficiencies in such standards may result in amendments to the contract or nullification. Performance standards subject to contract amendments or nullification include:

A. Working in partnership with the State to achieve the goal of a revenue growth rate comparable to the average growth rate of other states that control the sale and distribution of alcoholic beverages spirits;

B. Transparency in annual reporting and conformance to the reporting requirements established by the bureau; and

C. Except for a contract awarded to conduct spirits trade marketing, responsiveness to the service needs of agency liquor stores.

7. Price regulation. The bureau State shall regulate the wholesale and retail prices of all liquor spirits sold by a person awarded a contract in accordance with this section.

Sec. 59. 28-A MRSA §123, sub-§2, as amended by PL 2013, c. 368, Pt. V, §24, is further amended to read:

2. Sale of spirits and fortified wine for off-premises consumption off the premises on days other than Sunday. Shall this municipality authorize the State to permit the operation of agency liquor stores sale of spirits for off-premises consumption on days other than Sunday?

Sec. 60. 28-A MRSA §123, sub-§4, as amended by PL 2013, c. 368, Pt. V, §25, is further amended to read:

4. Sale of spirits and fortified wine for off-premises consumption off the premises on Sundays. Shall this municipality authorize the State to permit the operation of agency liquor stores sale of spirits for off-premises consumption on Sundays?

Sec. 61. 28-A MRSA §124, sub-§1, as amended by PL 2001, c. 471, Pt. B, §14, is further amended to read:

1. Determination vote. If the results of an election held under section 121 or 122 show that:

A. A majority of the votes cast in any municipality on any local option question is in the affirmative, the bureau may issue licenses of the type authorized by the affirmative vote in that municipality;

B. A majority of the votes cast in any municipality on any local option question is in the negative, the bureau may not issue licenses of the type denied by the negative vote in that municipality; or

C. The vote is tied on any local option question, the law remains as it was before the voting.

Sec. 62. 28-A MRSA §161, sub-§7, as repealed and replaced by PL 2003, c. 510, Pt. E, §5, is amended to read:

7. Right of access. Every A bottle club shall allow law enforcement officers to enter the bottle club premises at reasonable times for the purpose of investigating compliance with this Title.

A. Entry into the bottle club premises under this subsection must be conducted in a reasonable manner so as not to disrupt the operation of the bottle club.

B. The investigation must be limited to those areas involved in the actual operation of the bottle club, including storage areas.

C. The following penalties apply to violations of this subsection.

(1) A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.

(2) A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.

(3) A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.

Sec. 63. 28-A MRSA §353, as amended by PL 2015, c. 74, §3, is further amended to read:

§ 353. Business hours

Agency liquor stores may be open for the sale and delivery of spirits and fortified wine between the hours of 5 a.m. and 1 a.m. as provided in section 4, subsection 1 in municipalities and unincorporated places that have voted in favor of the operation of agency liquor stores sale of spirits for off-premises consumption under local option provisions and in unincorporated places where the sale of liquor for off-premises consumption has been authorized by the county commissioners under section 122. Notwithstanding any local option decisions to the contrary, agency liquor stores may be open from 5 a.m. Sunday to 1 a.m. the next following day.

Sec. 64. 28-A MRSA §353-A, as amended by PL 2015, c. 74, §4, is repealed.

Sec. 65. 28-A MRSA §451, as amended by PL 1997, c. 373, §44, is further amended to read:

§ 451. Agency liquor stores

This chapter governs the issuance of an agency liquor store license and the operation of agency liquor stores licensed pursuant to this Part. The bureau may license and regulate persons a person as an agency liquor stores store on an annual or temporary basis for the purposes of selling liquor in sealed bottles, containers or original packages to be consumed off the premises for off-premises consumption.

Sec. 66. 28-A MRSA §453, sub-§1, ¶A, as amended by PL 1997, c. 373, §46, is further amended to read:

A. The proposed agency liquor store is located in a municipality or unincorporated place that has voted in favor of the operation of state liquor stores under local option provisions that authorize the sale of spirits, wine and malt liquor for off-premises consumption or the proposed agency liquor store is located in an unincorporated place where the county commissioners have authorized the sale of spirits, wine and malt liquor for off-premises consumption.

Sec. 67. 28-A MRSA §453-B, as repealed and replaced by PL 2007, c. 117, §1, is repealed.

Sec. 68. 28-A MRSA §453-C, sub-§1, as repealed and replaced by PL 2013, c. 476, Pt. B, §2 and affected by §6, is amended to read:

1. Agent licensed License to resell spirits purchased from the bureau. An agent licensed to agency liquor store may not resell spirits purchased from the bureau or through an entity awarded a contract under section 90 to a retail licensee licensed for on-premises consumption must be unless the agency liquor store is licensed as a reselling agent under this section. A reselling agent is prohibited from reselling spirits to a retail licensee licensed for on-premises consumption unless the spirits are purchased from the bureau or through an entity awarded a contract under section 90.

Sec. 69. 28-A MRSA §455, as repealed and replaced by PL 2003, c. 20, Pt. SS, §3 and affected by §8 and c. 51, Pt. C, §2 and amended by PL 2013, c. 368, Pt. V, §61, is further amended to read:

§ 455. Liquor for agency liquor stores Purchase of spirits

1. Agency liquor store purchases. Agency liquor stores shall buy their liquor spirits from the bureau under section 606.

2. Monthly specials. The bureau may establish monthly specials for all agency liquor stores. The issuance of an agency liquor store license and the operation of agency liquor stores licensed pursuant to this Part are governed by this chapter.

Sec. 70. 28-A MRSA §457, as repealed and replaced by PL 2007, c. 117, §2, is amended to read:

§ 457. Transfer of agency liquor store license

Upon application of a licensee under this chapter, an agency liquor store license must be transferred to a new owner upon the sale of the licensed establishment and payment of the transfer fee required in section 453-B 1010-A, subsection 2 if the new owner is eligible under section 601 and the physical premises of the establishment remain unchanged.

Sec. 71. 28-A MRSA §458, sub-§2, ¶A, as enacted by PL 1991, c. 782, §1, is amended to read:

A. The applicant's sales and inventory of liquor spirits;

Sec. 72. 28-A MRSA §458, sub-§2-A, as enacted by PL 1999, c. 34, §2, is amended to read:

2-A. Review exemptions. Notwithstanding subsection 2, paragraph C, when considering an application for the renewal of an agency liquor store license, the bureau may not consider minor changes to the placement of liquor spirits inventory if the changes are not for the purposes of marketing beyond those provided in law or agency rule or for increasing access by minors but are to address some other liquor spirits placement issue that is within the scope of the person's license.

Sec. 73. 28-A MRSA §458, sub-§3, as amended by PL 1997, c. 373, §50, is further amended to read:

3. Rejection of application; selection of alternate licensee. If the bureau denies an application for renewal of an agency liquor store license, the bureau may select an alternate licensee in accordance with the criteria set forth in sections 453 , and 453-A and 453-B. If the alternate licensee held an agency liquor store license in the past, the bureau may consider any of the applicable criteria set forth in subsection 2 in considering whether to license the alternate agency liquor store.

Sec. 74. 28-A MRSA §459, as enacted by PL 1993, c. 276, §1, is amended to read:

§ 459. Delivery of liquor spirits by agency liquor stores reselling agents

Agency liquor stores Reselling agents may deliver liquor spirits to establishments that are licensed to serve liquor on premises sell spirits for on-premises consumption.

Sec. 75. 28-A MRSA §460, sub-§1, as amended by PL 2019, c. 79, §1, is further amended to read:

1. Taste testing on agency liquor store premises. Subject to the conditions in subsections 2 and 2-A, the bureau may authorize an agency liquor store stocking at least 100 different codes of spirits products to conduct taste testing of spirits on that licensee's premises. Any An agency liquor store may not allow any other consumption of liquor on an the agency liquor store's premises is prohibited, except as permitted under section 1205, 1207, 1208, 1402-A or 1504 1206.

Sec. 76. 28-A MRSA §460, sub-§2, ¶P is enacted to read:

P. Spirits may be poured for the taste-testing event only by the owner or an employee of the agency liquor store, by a sales representative licensed under section 1502 whose name is listed on the request to conduct the taste-testing event as required by subsection 2-A, paragraph D or, if the manufacturer of the spirits being poured is licensed under section 1355-A, by the manufacturer or an employee of the manufacturer.

Sec. 77. 28-A MRSA c. 21 headnote is amended to read:

CHAPTER 21

WHOLESALE LIQUORSPIRITS PROVIDER

§ 501. Wholesale liquor provider; definition

As used in this chapter, unless the context otherwise indicates, "wholesale liquor provider" means an entity or entities contracted by the State as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption.

[PL 2013, c. 269, Pt. C, § 9 (AMD).] [PL 2013, c. 269, Pt. C, § 13 (AFF).][PL 2003, c. 20, Pt. SS, § 4 (NEW).][PL 2003, c. 20, Pt. SS, § 8 (AFF).][PL 2003, c. 51, Pt. C, § 2 (AFF).][PL 2013, c. 269, Pt. C, § 9 (AMD).][PL 2013, c. 269, Pt. C, § 13 (AFF).]

§ 502. Wholesale liquor provider prohibited from holding an agency liquor store license

A wholesale liquor provider is prohibited from holding a retail license to sell liquor for off-premises consumption.

[PL 2003, c. 20, Pt. SS, § 4 (NEW).] [PL 2003, c. 20, Pt. SS, § 8 (AFF).] [PL 2003, c. 51, Pt. C, § 2 (AFF).][PL 2003, c. 20, Pt. SS, § 4 (NEW).][PL 2003, c. 20, Pt. SS, § 8 (AFF).][PL 2003, c. 51, Pt. C, § 2 (AFF).]

§ 503. Sale to on-premises licensees prohibited

A wholesale liquor provider shall sell spirits to establishments licensed by the State to sell liquor for off-premises consumption. A wholesale liquor provider is prohibited from selling spirits directly to establishments licensed by the State to sell liquor for on-premises consumption.

[PL 2013, c. 269, Pt. C, § 10 (AMD).] [PL 2013, c. 269, Pt. C, § 13 (AFF).][PL 2003, c. 20, Pt. SS, § 4 (NEW).][PL 2003, c. 20, Pt. SS, § 8 (AFF).][PL 2003, c. 51, Pt. C, § 2 (AFF).][PL 2013, c. 269, Pt. C, § 10 (AMD).][PL 2013, c. 269, Pt. C, § 13 (AFF).]

Sec. 78. 28-A MRSA §501, as amended by PL 2013, c. 269, Pt. C, §9 and affected by §13, is repealed.

Sec. 79. 28-A MRSA §502, as enacted by PL 2003, c. 20, Pt. SS, §4 and affected by §8 and c. 51, Pt. C, §2, is repealed and the following enacted in its place:

§ 502. Wholesale spirits provider; prohibited financial interests

The wholesale spirits provider and each principal officer of the wholesale spirits provider may not hold or possess:

1. Agency liquor store license. An agency liquor store license;

2. License to manufacture liquor. A license in this State or another state to manufacture liquor; or

3. Direct financial interest in prohibited license. A direct financial interest in a license described in subsection 1 or 2.

Sec. 80. 28-A MRSA §503, as amended by PL 2013, c. 269, Pt. C, §10 and affected by §13, is repealed and the following enacted in its place:

§ 503. Delivery of spirits by wholesale spirits provider

1. Authorized delivery to agency liquor stores. The wholesale spirits provider may deliver to an agency liquor store spirits that the agency liquor store purchased from the bureau.

2. Delivery to on-premises retail licensees prohibited. The wholesale spirits provider may not deliver spirits to establishments licensed by the State to sell spirits for on-premises consumption.

Sec. 81. 28-A MRSA §601, as amended by PL 2017, c. 167, §10, is further amended to read:

§ 601. Eligibility

1. Eligibility qualifications. The bureau may not issue a license or certificate of approval to an applicant unless that applicant meets the following qualifications.

A. If the applicant is an individual, the applicant must be:

(1) At least 21 years of age; and

(2) A citizen of the United States.

B. If the applicant is a partnership or association, each person individual having an interest in the partnership or association must be:

(1) At least 21 years of age; and

(2) A citizen of the United States.

C. If the applicant is a corporation, it must be incorporated under the laws of the State or authorized to transact business in the State.

D. If the applicant has an existing business, the applicant must be currently in compliance with all license, permit and approval requirements under Title 22 and under any rules adopted pursuant to Title 22 that apply to the applicant's existing business.

2. Disqualifications. The bureau may not issue a license or certificate of approval to an applicant if:

A. Any of the principal officers of the corporation is not personally eligible because that officer has had a license or certificate of approval for the sale of liquor revoked under chapter 33, if the applicant is a corporation;

B. The applicant held a license or certificate of approval that was revoked for a specific period under chapter 33 and the applicant is applying for a license or certificate of approval within that period since revocation;

C. The applicant, who that was not at the time of the offense the holder of a liquor license or a certificate of approval, was convicted of violating any laws of the State or the United States with respect to manufacture, transportation, importation, possession or sale of liquor within 5 years of applying for the license or certificate of approval. For the purposes of this paragraph, any a person who that sells liquor of a greater alcohol content than authorized by that person's license or certificate of approval is not considered the holder of a license or a certificate of approval;

D. The applicant was convicted of selling liquor illegally on Sunday while an employee or agent of a licensee within 5 years of applying for the license or certificate of approval;

E. The applicant's license or certificate of approval expired pending an appeal from conviction of illegally selling liquor on Sunday within 5 years of applying for the license or certificate of approval;

F. The applicant is a law enforcement officer or if a law enforcement officer benefits would benefit directly from the issuance of the license or certificate of approval;

G. The applicant was denied a license or certificate of approval within the 6 months before the application was filed, unless the bureau's denial of the license or certificate of approval is overruled by the court under an appeal provided by section 805;

H. The applicant is the husband, wife, father, mother spouse, parent, child or other close relation of a person whose license or certificate of approval or application for a license or certificate of approval for the same premises was revoked by the District Court Judge or denied by the bureau within the 6 months before the application was filed;

I. The bureau determines that the purpose of the application is to circumvent the provisions of this section; or

J. The applicant is a golf course or a restaurant located on the property of a golf course and the Maine Human Rights Commission has found reasonable grounds to believe that the golf course has denied membership to a person in violation of Title 5, chapter 337, subchapter 5, and has determined that conciliation efforts under Title 5, section 4612, subsection 3 have not succeeded. The Maine Human Rights Commission shall notify the bureau when the golf course has corrected its discriminatory membership practices, after which the applicant ceases to be disqualified under this paragraph.

Sec. 82. 28-A MRSA §602, as amended by PL 1997, c. 373, §53, is further amended to read:

§ 602. Notification of license or certificate of approval expiration

1. Seven-day grace period upon license or certificate of approval expiration. Except as provided in subsection 3, a license holder who licensee that unintentionally fails to renew any a license or certificate of approval upon its expiration date and continues to make sales of liquor is not chargeable with illegal sales under section 2078 for a period of 7 days following the expiration date.

2. Bureau must notify licensee of expiration. The bureau shall notify the licensee by the most expedient means available that the license or certificate of approval has expired and all sales of liquor must be suspended immediately and remain suspended until the license or certificate of approval is properly renewed.

3. Illegal sales after expiration of grace period or after notice. A licensee that continues to make sales of liquor after having been properly notified of the expired license shall or certificate of approval must be charged with illegal sales under section 2078.

Sec. 83. 28-A MRSA §604, as amended by PL 2011, c. 535, §3, is further amended to read:

§ 604. Production of licenses or certificates of approval

All licensees A licensee shall make available for inspection their its licenses or certificates of approval at the any premises in the State to which those licenses or certificates of approval apply.

Sec. 84. 28-A MRSA §605, first ¶, as amended by PL 2015, c. 185, §2, is further amended to read:

Except as otherwise provided in this section and section 608, a license or any interest in a license may not be sold, transferred, assigned or otherwise subject to control by any person other than the licensee. If the business, or any interest in the business, in connection with which a licensed activity is conducted is sold, transferred or assigned, the license holder shall immediately send to the bureau the license and a sworn statement showing the name and address of the purchaser. The bureau is not required to refund any portion of the license fee if the license is surrendered before it expires. For the purposes of this section, neither a tenant brewer who brewery that is licensed in accordance with section 1355-A, subsection 6 nor a tenant winery who that is licensed in accordance with section 1355-A, subsection 7 is considered to be subject to the control of the host brewer brewery or host winery, as the case may be, as described in those subsections, or considered to have been transferred or assigned the license or interest in the license of the host brewer brewery or host winery.

Sec. 85. 28-A MRSA §605, sub-§2, ¶A, as amended by PL 1997, c. 373, §56 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

A. Personal representatives, receivers or trustees may operate the premises themselves or through a manager for a year from the date of their appointment for the benefit of the estate.

(1) The license must be renewed upon the expiration date at the regular license fee.

(2) If the license or renewed license is not transferred within one year from the date of appointment, it becomes void and must be returned to the bureau for cancellation.

(3) Any suspension or revocation of the license by the District Court Judge for any violation applies against both the manager and the personal representative, receiver or trustee.

(4) No A personal representative, receiver, trustee or duly appointed manager may not operate under the license unless approved by the bureau.

Sec. 86. 28-A MRSA §605, sub-§3, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

A. Guardians and conservators, except in the case of off-premise off-premises retail licensees approved by the municipal officers in their municipality, may not transfer their wards' licenses and must shall renew licenses each year.

Sec. 87. 28-A MRSA §606, as amended by PL 2019, c. 404, §§7 to 11, is further amended to read:

§ 606. Liquor bought Spirits purchased from bureau; sale to government agencies

1. Purchase of liquor spirits. Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits for on-premises consumption must shall purchase spirits from an agency liquor store licensed as a reselling agent under section 453-C. This subsection does not apply to public service corporations operating interstate.

1-A. On-premises licensees; purchase from agency store reselling agent. A Except for a public service corporation that operates interstate, a person licensed to sell spirits for on-premises consumption on the premises shall purchase spirits from an agency liquor store a reselling agent only , in accordance with this subsection. A licensee that violates this subsection is subject to the administrative penalties provided in section 2074-A.

A. The sale price of spirits sold by a reselling agent to an establishment licensed for on-premises consumption must be the retail price established by the commission or the discounted retail price established by the bureau in accordance with subsection 1-C.

B. Upon completion of a transaction, the agency liquor store reselling agent and the on-premises licensee shall each retain a copy of the licensee order form.

1-C. Price of state spirits sales to agency liquor stores. The bureau may offer discounts below the retail price set by the commission on spirits sold to agency liquor stores.

1-D. Purchase of spirits. Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits for on-premises consumption must purchase spirits from a reselling agent. This subsection does not apply to public service corporations operating interstate.

3. Prospective licensees may order liquor spirits in advance. Upon approval of the bureau, persons who have a person that has been issued a license , to sell spirits for on-premises or off-premises consumption effective at a future date , may order liquor spirits in advance of the effective date of the license and may advertise the effective date.

4-A. Discount rates for agency liquor stores; rulemaking. Beginning July 1, 2014, the bureau shall set the wholesale price of spirits , which is the price an agency liquor store pays to purchase spirits, at a minimum discount of 12% of off the retail price. The bureau may establish discount rates greater than 12%, including graduated discount rates, but those discount rates must be established by rules that ensure that any graduated discount rate is structured in a way that does not adversely affect agency liquor stores that stock a low level of inventory. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

4-B. Discount rate for small distilleries. Beginning July 1, 2019, the bureau shall set the price of spirits produced by a small distillery licensed under section 1355-A, subsection 5, paragraph B and retained by that small distillery for sale under section 1355-A, subsection 5, paragraph G or H at a discount of 22.75% of off the retail price.

5. Sale to government instrumentalities. The bureau may authorize the sale of spirits to government instrumentalities within the State approved by the bureau. The bureau shall set the price.

6. Sale to airlines and ferry services for consumption outside the State. The bureau may authorize the sale of spirits not for consumption within outside of the State to airlines and ferry services or their agents as authorized by the bureau. The bureau shall set the price.

6-A. Sale to hospitals and state institutions. The bureau may authorize the sale of spirits to hospitals and state institutions within the State, for medicinal purposes only. The bureau shall set the price.

7. Premium must be collected. Nothing in this section permits the sale of spirits without collecting the entire premium assessed under chapter 65.

8. Limits on price. An agency liquor store shall sell all spirits purchased from the bureau or through an entity awarded a contract under section 90 at the retail price established by the commission.

Sec. 88. 28-A MRSA §651, as amended by PL 1997, c. 373, §§60 and 61, is further amended to read:

§ 651. Applications

1. File application with bureau. An applicant for a liquor license or certificate of approval under this Title shall file an application in the form required by the bureau.

2. Contents of application. The application must contain the following.

A. Each An applicant shall disclose the entire ownership or any interest in the person or establishment for which a license or certificate of approval is sought. If the applicant is a purchaser by contract, the applicant shall also disclose the terms of the contract.

B. Every An applicant for a license for the sale of liquor to be consumed on the premises where sold for on-premises consumption shall include in the application a description of the premises to be licensed and provide any other material information, description or plan of that part of the premises where the applicant proposes to keep or sell liquor as the bureau requires.

C. The owner or the bona fide prospective purchaser must shall sign the application. If the owner or bona fide prospective purchaser is:

(1) A natural person, then that person must shall sign;

(2) A partnership, then the partners of the partnership must shall sign; or

(3) A corporation, then a principal officer of the corporation or any person specifically authorized by the corporation must shall sign.

3. False answer given intentionally. Any A person who intentionally gives an untruthful answer in an application for a liquor license or certificate of approval under this Title violates Title 17-A, section 453.

Sec. 89. 28-A MRSA §652, as amended by PL 2017, c. 167, §11, is further amended to read:

§ 652. Application procedure

1. License or certificate of approval fee. The An applicant must shall enclose the fee for the license or certificate of approval prescribed by chapter 41 this Title with the application for the license or certificate of approval.

2. Effective date and term of license or certificate of approval. All full-year licenses and certificates of approval are effective for one year from the date of issuance. All part-time licenses and certificates of approval are effective for the term of the license or certificate of approval from the date of issuance.

3. Renewal. Licenses and certificates of approval may be renewed upon application for renewal and payment of the annual fee, subject to bureau rules.

4. Multiple licenses. Any A licensee applying for a license to operate more than one premise premises shall pay the fee prescribed for the type of license to be exercised at each premise premises.

5. Filing fee. Except as provided in paragraph A, every an applicant for an original or renewal license or certificate of approval shall pay a filing fee of $10 when filing the application.

A. In unincorporated places, the applicant shall pay the filing fee of $10 to the county treasurer of the county in which the unincorporated place is located. All applications for a license in unincorporated places must be accompanied by evidence of payment of the filing fee to the county treasurer.

6. Public service license. One public service license is sufficient to cover all steamboats, cars, railroads and aircraft operated by any one public service corporation.

Sec. 90. 28-A MRSA §653, sub-§2, ¶G, as enacted by PL 2009, c. 81, §3, is amended to read:

G. After September 1, 2010, server training, in a program certified by the bureau and required by local ordinance, has not been completed by individuals who serve alcoholic beverages liquor.

Sec. 91. 28-A MRSA §705, sub-§1-A, ¶A, as enacted by PL 2003, c. 349, §2, is amended by amending subparagraph (1) to read:

A. Electronic funds transfers are permissible under the following conditions:

(1) Any An agreement to engage in electronic funds transfer for payment for beer malt liquor or wine between manufacturers, wholesale licensees or retail licensees must be voluntary and in writing. A manufacturer, wholesale licensee or retail licensee may not refuse to do business with or otherwise limit business with another manufacturer, wholesale licensee or retail licensee for declining to pay for beer malt liquor or wine by electronic funds transfer;

(2) When electronic funds transfer is the form of payment, the form of payment must be noted on the invoice at the time of delivery and acknowledged in writing by the buyer or the buyer's employee. The note on the invoice constitutes an irrevocable promise to pay. All parties to electronic funds transfer transactions will maintain records of those transactions for 2 years from the date of the transaction and make those records available for inspection by the bureau upon request;

(3) Initiation of the electronic funds transfer must occur on the next business day after the delivery of the product;

(4) Parties engaging in electronic funds transfers under this section pay their own costs associated with electronic funds transfers; and

(5) Any electronic funds transfer transaction that is not completed due to insufficient funds is subject to the provisions of the Uniform Commercial Code.

Sec. 92. 28-A MRSA §705, sub-§1-B, ¶A, as enacted by PL 2003, c. 349, §2, is amended to read:

A. By a hotel or club to bona fide registered hotel guests or club members , respectively;

Sec. 93. 28-A MRSA §707, sub-§3, ¶B, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

B. Certificate of approval issued to an out-of-state manufacturer or foreign out-of-state wholesaler of malt liquor or wine.

Sec. 94. 28-A MRSA §707, sub-§5, ¶A, as enacted by PL 1987, c. 342, §42, is amended to read:

A. Certificate of approval issued to an out-of-state manufacturer or foreign out-of-state wholesaler of malt liquor;

Sec. 95. 28-A MRSA §707-A, sub-§2, as enacted by PL 1997, c. 659, §1, is amended to read:

2. Requirements. The exceptions to section 707 set out in subsection 1 apply only if each of the following requirements is met.

A. The hotel must have at least 100 adequate sleeping rooms and the relationship between the occupants of those rooms and the owner or operator of the establishment is that of hotel guest and innkeeper.

B. The hotel may not purchase any malt liquor and or wine products sold by the certificate of compliance approval holder to Maine wholesale licensees, nor may and the certificate of compliance approval holder may not require any brand of liquor product to be purchased or sold by the hotel.

C. Neither the The certificate of approval holder nor and the retail licensee may not directly or indirectly own or have any interest in a Maine wholesale licensee.

D. The certificate of compliance approval holder and the retail licensees must be separate entities and may not have any common directors.

Sec. 96. 28-A MRSA §708, as amended by PL 2019, c. 404, §12, is further amended to read:

§ 708. Prohibited discounts and rebates

1. Certificate of approval holders. A certificate of approval holder may not offer to wholesale licensees any special discounts, volume discounts or other reduced prices or discounts, except bona fide price reductions under section 1408 offered to all wholesale licensees. A certificate of approval holder may offer depletion allowances to wholesale licensees if the depletion allowance is posted in accordance with section 1408. Except as provided by this section, a certificate of approval holder may not offer any free merchandise, rebate or gift to the purchaser of an alcoholic beverage.

1-A. Manufacturers and wholesalers of malt liquor or wine. A licensed in-state manufacturer of malt liquor or wine and an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval may not:

A. Offer any special discounts, volume discounts or other reduced prices or discounts on malt liquor or wine to a wholesale licensee, except bona fide price reductions under section 1408 offered to all wholesale licensees; or

B. Offer depletion allowances to wholesale licensees unless the depletion allowance is posted in accordance with section 1408.

1-B. Certificate of approval holders. Except as provided in this section, a certificate of approval holder may not offer any free merchandise, rebate, refund or gift to a purchaser of spirits, wine or malt liquor.

2. Wholesale licensees. A wholesale licensee may not offer to retail licensees any special discounts, volume discounts, depletion allowances, other reduced prices or discounts, or refunds except bona fide price reductions under section 1408 offered to all retail licensees. A wholesale licensee may not offer any free merchandise, rebate, refund or gift to the a purchaser of an alcoholic beverage liquor.

3. Retail licensees. A retail licensee may not offer any free merchandise, rebate , refund or gift to the a purchaser of any alcoholic beverage liquor.

5. Combination packages. Notwithstanding subsection 3, agency liquor store licensees may offer for sale any package or combination of packages of spirits that the commission has approved for sale in this the State.

6. Marketing and mail-in promotions. Upon approval by the commission, promotional materials designed to encourage a consumer to purchase a spirits product to be attached to or displayed near the spirits product where it is offered for sale for off-premises consumption may be offered by those whose spirits products are listed by the commission. Upon approval by the commission, a mail-in rebate may be provided to consumers through print or electronic media, attached to the spirits product or displayed near the spirits product where the spirits product is offered for sale for off-premises consumption. Mail-in rebates approved by the commission must be redeemed by the manufacturer and not by the retail licensee and may not exceed the purchase price of the spirits product. Mail-in rebates authorized by this subsection must require the inclusion of the original dated sales receipt for the spirits product to which the rebate is applied. The commission may approve mail-in rebates that offer an incrementally greater discount based upon increased volume of purchased product. Mail-in rebates, certificates or merchandise included with a spirits product must be inserted in the package or attached to the package by the manufacturer.

7. Instant marketing promotions. The bureau, a manufacturer or a spirits supplier of spirits listed for sale by the commission may offer monetary rebates in the form of instant redeemable coupons as approved by the commission in accordance with conditions established by the commission or rules established by the bureau. Agency liquor store licensees may redeem the coupons only upon proof of purchase and in accordance with the terms listed on the coupon. Instant redeemable coupons provided by the manufacturer's agent or manufacturer's sales representative must be made available to all agency liquor store licensees electing to offer the coupon in an amount equal to the agency liquor store's inventory of spirits products that are subject to the coupon promotion. The bureau, the manufacturer or the spirits supplier of spirits may offer instant redeemable coupons to consumers through the bureau's, the manufacturer's or the spirits supplier's publicly accessible website, other digital media platforms or print media. An instant redeemable coupon used in a manner provided in this subsection for a spirits product sold by an agency liquor store licensee to a consumer is for the benefit of the consumer who purchases the spirits product.

This section does not prohibit a certificate of approval holder from including a certificate, instant redeemable coupon or merchandise in or on a package of beer malt liquor, wine or low-alcohol spirits product for sale by an off-premise off-premises retailer. The package containing the certificate, instant redeemable coupon or merchandise must be packaged by the certificate of approval holders holder at the brewery or winery. Upon approval of the bureau, a certificate of approval holder may offer a mail-in rebate for a malt liquor, wine or low-alcohol spirits product for consumers through print or electronic media, attached to the package of malt liquor, wine or low-alcohol spirits product or displayed near where the malt liquor, wine or low-alcohol spirits product is offered for sale for off-premises consumption. Mail-in rebates authorized by this paragraph must require the inclusion of the original dated sales receipt for the product to which the rebate is applied . Mail-in rebates , must be redeemed by the certificate of approval holder and may not exceed the purchase price of the malt liquor, wine or low-alcohol spirits product to which the rebate is applied. The commission may approve mail-in rebates that offer an incrementally greater discount based upon increased volume of purchased product.

This section does not prohibit the unconditional distribution of merchandise to the patrons of an on-premise on-premises establishment.

Sec. 97. 28-A MRSA §708-A, as amended by PL 2003, c. 192, §1, is further amended to read:

§ 708-A. In-pack sweepstakes, contests and games

Notwithstanding any provision of law to the contrary, a certificate of approval holder, spirits supplier, wholesale licensee or retail licensee may offer sweepstakes, games and contests inside packages of alcoholic beverages liquor, if that offer is not contingent on the purchase of an alcoholic beverage liquor. A The certificate of approval holder, spirits supplier, wholesale licensee or retail licensee shall provide information about access to participate in a sweepstakes, game or contest by providing either a sign in the retail outlet or a notice on the primary or secondary packaging of the brand offering the sweepstakes, game or contest.

Sec. 98. 28-A MRSA §708-C, as amended by PL 2019, c. 404, §13, is further amended to read:

§ 708-C. Donations to public broadcasting stations, municipal entities, incorporated civic organizations and national organizations

1. Donations for an auction or award. A person licensed by the bureau under section 1355-A, a certificate of approval holder, a manufacturer or supplier of spirits or a spirits supplier or a wholesaler wholesale licensee may donate a certificate to purchase its product or donate its product to a public broadcasting station, a municipal entity, an incorporated civic organization or a similarly purposed national organization designated by the United States Internal Revenue Service under the United States Internal Revenue Code of 1986, Section 501(c)(3) for the purpose of an auction or to offer as a prize, gift or award in conjunction with efforts to support the purposes of the incorporated civic organization, similarly purposed organization, municipal entity or public broadcasting station. Spirits donated in accordance with this subsection must be listed by the commission for sale in this State, clearly labeled as a donation and purchased from the State's wholesale liquor spirits provider at the wholesale price. A person authorized to make a donation in accordance with this subsection shall maintain a record of each donation, including the value of the donation and the date on which it was made. A recipient of a donation under this subsection must be 21 years of age or older.

2. Donations for consumption at on-premises events. A person licensed by the bureau under section 1355-A, a certificate of approval holder, a manufacturer or supplier of spirits a spirits supplier or a wholesaler wholesale licensee may donate its product or provide malt liquor, wine , or spirits or fortified wine at a reduced price to a person licensed by the bureau to serve liquor for on-premises consumption at an event designed to benefit a municipal entity, an incorporated civic organization or a similarly purposed national organization designated by the United States Internal Revenue Service under the United States Internal Revenue Code of 1986, Section 501(c)(3). Spirits donated in accordance with this subsection must be listed by the commission for sale in this State, clearly labeled as a donation and purchased from the State's wholesale liquor spirits provider at the wholesale price. A person authorized to make a donation or offer its product at a reduced price under this subsection shall maintain a record of the products donated or offered, including the value of each, the reduced price when applicable and the date on which the product was provided. All applicable excise taxes on donated malt liquor, wine , or spirits and fortified wine must be remitted as required by this Title. A licensee provided that receives product in accordance with this subsection:

A. Shall maintain a record of each product received and the date on which it was received;

B. Shall maintain a record of the name of the municipal entity, incorporated civic organization or similarly purposed national organization the event was designed to benefit and for which the product is provided;

C. Shall ensure that the product provided is served only at the event designed to benefit the municipal entity, incorporated civic organization or similarly purposed national organization;

D. Shall ensure that excess product that was donated for the event is returned to the donor within a reasonable period after the event; and

E. Shall ensure that containers holding donated product are returned to the donor for recycling as appropriate and not presented for redemption under Title 32, chapter 28 Title 38, chapter 33.

For purposes of this section, "municipal entity" means a county, city, town or municipal agency or department.

Sec. 99. 28-A MRSA §709, sub-§2, ¶F, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

F. Those licensed as bona fide Licensed hotels or bed and breakfasts offering room services service to registered hotel guests or bed and breakfast guests, respectively;

Sec. 100. 28-A MRSA §709, sub-§2, ¶I, as repealed and replaced by PL 2011, c. 629, §14, is amended to read:

I. Conducting taste testing under section 460, 1051, 1205, 1207 , 1368 or 1355-A 1402;

Sec. 101. 28-A MRSA §709, sub-§2, ¶J, as amended by PL 2015, c. 142, §1 and c. 214, §4, is further amended to read:

J. Providing samples authorized under section 1055, 1355-A, 1402, 1402-A or 1504;

Sec. 102. 28-A MRSA §709, sub-§2, ¶K, as repealed and replaced by PL 2015, c. 494, Pt. A, §32, is amended to read:

K. Donations authorized under section 708-C; or

Sec. 103. 28-A MRSA §709, sub-§2, ¶L, as repealed and replaced by PL 2015, c. 494, Pt. A, §33, is repealed.

Sec. 104. 28-A MRSA §712, as amended by PL 2017, c. 167, §13, is further amended by amending the section headnote to read:

§ 712. Advertising or sale of malt liquor or wine by trade name

1. Advertise or announce for sale by trade name. No licensee may advertise or offer for sale any malt liquor or wine by trade name or other designation which would indicate the manufacturer or place of manufacture of malt liquor or wine, unless the licensee actually has on hand and for sale a sufficient quantity of the particular malt liquor or wine advertised to meet requirements to be normally expected as the result of the advertisement or announcement.[PL 1987, c. 45, Pt. A, § 4 (NEW).]

2. Serve from faucet, spigot, dispensing apparatus by trade name. A licensee may not furnish or serve any liquor from any faucet, spigot or other dispensing apparatus, unless:

A. The trade name or brand of the liquor served appears in full sight of the customer in legible lettering upon the faucet, spigot or dispensing apparatus; or [PL 2017, c. 167, § 13 (AMD).]

B. The licensee displays a list of all liquor currently available on tap that is clearly visible to patrons of the establishment in a manner that allows a patron to identify the trade name or brand of the liquor that is being dispensed from each faucet, spigot or dispensing apparatus. [PL 2017, c. 167, § 13 (AMD).]

[PL 2017, c. 167, § 13 (AMD).]

[PL 1987, c. 45, § A4 (NEW).][PL 2013, c. 165, § 1 (AMD).][PL 2017, c. 167, § 13 (AMD).]

Sec. 105. 28-A MRSA §713, sub-§3, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

3. Sale from truck by wholesale licensee. A wholesale licensee , his or an agent or employee , of the wholesale licensee may travel from town to town or from place to place in the same town selling, or carrying for sale or exposing for sale, malt liquor or wine from its a vehicle only if the wholesale licensee, his agent or employee has in his possession possesses on the vehicle a manifest bearing a detailed description of the total amount of malt liquor or wine on the vehicle and invoices, as required, as well as invoices drawn up at the time of delivery.

Sec. 106. 28-A MRSA §714, sub-§3, as amended by PL 2019, c. 46, §4, is further amended to read:

3. Tagging requirement. The sale of malt liquor in kegs is subject to the following.

A. Every keg of malt liquor offered for sale by an off-premises retail licensee , referred to in this subsection as "the seller," must be tagged in a manner approved by the commissioner identifying the keg and be labeled in accordance with the requirements of section 6-A. The tag must be supplied for each keg, without fee, by the wholesaler of the keg or the small brewer of brewery that produced the keg.

B. The retail seller of the keg shall complete a form designed and approved by the commissioner and affix the tag to each keg supplied to the retail seller by the distributor of the keg. The form must be printed and distributed, without fee, by the wholesaler of the keg or the small brewer of brewery that produced the keg. The form must include the name, address and date of birth of the purchaser and the identification number of the keg. The form must summarize the requirements of this section, the penalties for violating any provision of this section and the penalties for providing alcohol to a minor. The seller shall retain the form as a record subject to chapter 31.

C. The seller of the keg shall require positive identification of the purchaser.

D. The seller of the keg may require a deposit of up to $50 from the purchaser of the keg, regardless of the size of the keg. The seller shall refund the deposit to a person who returns a properly tagged keg purchased from that seller.

E. The seller shall inform the purchaser that if the tag is defaced or missing when the keg is returned without the original numbered band intact, the deposit is forfeited.

F. The seller may retain any a deposit forfeited and use the funds forfeited for local school-based alcohol education programs or for any other purpose.

Sec. 107. 28-A MRSA §751, sub-§1, ¶E, as enacted by PL 1993, c. 266, §20, is amended to read:

E. In the case of an on-premise on-premises licensee, records of food purchases.

Sec. 108. 28-A MRSA §751, sub-§3, as repealed and replaced by PL 1987, c. 623, §10, is further amended to read:

3. On-premise On-premises retail licensee to keep records of sales separate. An on-premise on-premises retail licensee shall separate liquor sales from food sales by the licensee in the licensee's records.

Sec. 109. 28-A MRSA §752, sub-§1, ¶B, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

B. Including detailed accounts of all its transactions with brewers breweries, wineries, other wholesalers and retailers.

Sec. 110. 28-A MRSA §801, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 801. Jurisdiction of District Court Judge

1. Jurisdiction. The District Court Judge, as designated in Title 5, chapter 375, shall conduct hearings on all matters concerning violations by licensees and their agents or employees of any federal or state law or regulation relating to liquor or violations of any rule adopted by the bureau. Notwithstanding Title 5, chapter 375, subchapter VI 6, the District Court Judge has exclusive jurisdiction over all violations of this Title by licensees and their agents or employees when no criminal penalty is provided.

2. Powers. The District Court Judge may suspend or revoke licenses and certificates of approval of licensees and levy fines or civil forfeitures against licensees and their agents or employees.

Sec. 111. 28-A MRSA §802, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 802. Causes for revocation and suspension of licenses and certificates of approval

The District Court Judge may revoke or suspend licenses and certificates of approval for the following causes:

1. Violation of law or infraction of rule. Violation of any a federal or state law, rule or regulation relating to liquor or substantial infraction of any a rule adopted by the bureau.

A. This subsection does not require the District Court Judge to hold licensees who that sold liquor to minors who furnished fraudulent proof of age liable administratively;

2. False material statement. Knowingly making a false material statement of fact in the application for the license or certificate of approval; and

3. Failure to maintain requirements. Failure to have and maintain throughout the entire license or certificate of approval period all of the requirements of definitions, laws and rules necessary to qualify for a license or certificate of approval.

A. For this offense the District Court Judge may suspend licenses or certificates of approval for an indefinite period of time until the District Court Judge is satisfied that the licensee has conformed to all applicable qualifications required for licensing.

Sec. 112. 28-A MRSA §803, as amended by PL 2013, c. 476, Pt. A, §§22 to 24, is further amended to read:

§ 803. Revocation or suspension procedure

1. Violation of law or rule. Upon discovering a violation of federal or state law, rule or regulation relating to liquor, or an infraction of a rule adopted by the bureau, the director of the bureau, or the director's designee, shall:

A. Report the violation to the District Court Judge in a signed complaint; or

B. Issue warnings to the licensees involved.

2. Notice and hearing. Except as provided under subsection 6, upon receipt of a signed complaint prepared under subsection 1, paragraph A, notice must be provided and a hearing must be held according to the following procedures.

A. The director of the bureau or the director's designee shall notify the licensee or the licensee's agent or employee by serving on the licensee or the licensee's agent or employee a copy of the complaint and a notice stating the time and place of the hearing and that the licensee or the licensee's agent or employee may appear in person or by counsel at the hearing. Service of the complaint and hearing notice upon the licensee is sufficient when served in hand by the director's designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the licensee at the time of the licensee's application for a license or certificate of approval. Service of the complaint and hearing notice upon a licensee's agent or employee is sufficient when served in hand by the director's designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the agent or employee at the time the agent or employee was initially notified by the bureau of the violation. The director or the director's designee shall file proof of service with the District Court.

B. The District Court shall conduct a hearing limited to the facts, the law and rules of the bureau, as specified in the complaint.

C. The District Court shall conduct the hearing in the following manner.

(1) The District Court may administer oaths to witnesses and issue subpoenas at the request of any party, including subpoenas to compel the attendance of parents and legal guardians of unemancipated minors.

(a) The bureau shall pay to the witnesses the legal fees for travel and attendance, except that, notwithstanding Title 16, section 253, the bureau is not required to pay the fees before the travel and attendance occur.

(2) Hearsay testimony is not admissible during the hearing. The licensees, agents or employees named in the complaint have the right to have all witnesses testify in person at the hearing.

(3) The District Court shall conduct hearings in one or more designated places that are the most convenient and economical for all parties concerned in the hearing.

D. The District Court shall render a decision in each case, based upon the facts, the law and the rules of the bureau. The findings must specify the facts found and the law or rules found to be violated.

3. Suspension of penalty; place case on file. After hearing, the District Court Judge may:

A. Suspend a penalty; or

B. Place a case on file instead of imposing any a penalty.

4. Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner.

A. If a licensee is directly or indirectly interested in more than one license or certificate of approval, suspensions apply only to the premise premises where the violation occurs.

B. If a licensee is interested directly or indirectly in more than one license or certificate of approval, the District Court Judge may order that a revocation apply to any of those premises.

C. If the licensee is a corporation, the District Court Judge shall treat the officers, directors and substantial stockholders as individuals.

5. Term of suspension or revocation. Except as provided by section 802, subsection 3, suspensions must be for a definite period of time. If the District Court Judge revokes a license or certificate of approval, the District Court Judge shall specify that the bureau may not issue a license or certificate of approval to the person whose license or certificate of approval is revoked for a period of not less than one year nor more than 5 years from the date of revocation.

6. Warnings. Upon the written recommendation of the director of the bureau, or the director's designee, the District Court Judge, instead of notifying a licensee against whom which a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to whom which a warning is sent may demand a hearing by notifying the District Court Judge by registered or certified mail within 10 days from the date the warning was mailed.

7. License or certificate of approval subsequent to violation. If violations a violation by licensees occur in one year's license period and remain a licensee remains undiscovered during the one-year period of the license or certificate of approval or carry over into the next license year continues after the licensee's license or certificate of approval has been renewed, pending investigation or final disposition either in criminal courts or before the District Court Judge, any the license or certificate of approval issued for a new license year subsequent to the violation may be suspended or revoked by the District Court Judge.

8. Fines. Notwithstanding any other provisions provision of this Title to the contrary, the District Court Judge may impose a fine of a specific sum on a licensee or the licensee's agent or employee, of not less than $50 nor more than $1,500, for any one offense. Such a fine may be imposed instead of or in addition to any suspension or revocation of a license or certificate of approval by the court.

A. The District Court Judge shall maintain a record of all fines received by the court and shall pay the fines into the General Fund by the 15th day of each month.

9. Offer in compromise. Notwithstanding any other provisions provision of this Title to the contrary, the District Court Judge may accept from any a wholesale licensee or certificate of approval holder under this Title an offer in compromise in lieu of suspension of any a wholesale license or certificate of approval suspended by the District Court Judge.

A. A wholesale licensee or certificate of approval holder may petition the District Court Judge to accept an offer in compromise within 10 days following receipt of notice of the suspension.

B. The fine in lieu of suspension, when an offer in compromise is accepted by the District Court Judge, shall must be calculated in accordance with the following formula: 50% of the daily gross profit multiplied by the number of days of license suspension, except that the fine may not be less than $75 for each day of license suspension or more than $1,500 for any one offense. For purposes of this paragraph, "daily gross profit" means 1/30 of the total gross receipts from the sale of liquor during the 30 business days immediately before the date of receipt of the notice of the license suspension, less the invoice cost of the liquor sold by the wholesale licensee or certificate of approval holder during those 30 business days.

(1) Fifty percent of the daily gross profit multiplied by the number of license suspension days. Daily gross profit shall be determined to be 1/30 of the total gross receipts from the sale of liquor during the 30 business days immediately before the date of receipt of the notice of the license suspension, less the invoice cost of the liquor which was sold by the wholesale licensee or certificate of approval holder during those 30 business days;

(2) No such fine, in any event, shall be less than $75 for each day of license suspension; and

(3) The fine must not exceed $1,500 for any one offense.

C. The wholesale licensee or certificate of approval holder shall pay the fine to the District Court within 5 days from the date of the acceptance of the offer in compromise. The District Court Judge shall then pay the fine into the General Fund.

D. If a wholesale licensee or certificate of approval holder fails to pay the fine in full within the time period allowed in this subsection, the suspension of license or certificate of approval begins on the following day.

Sec. 113. 28-A MRSA §804, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 804. Record of proceedings and transcript

The District Court Judge shall keep a full and complete record of all proceedings on the revocation and suspension of any a license or certificate of approval issued by the bureau. The District Court Judge is not required to have a transcript of the testimony prepared unless required for rehearing or appeal.

Sec. 114. 28-A MRSA §805, as amended by PL 2011, c. 559, Pt. A, §32, is further amended to read:

§ 805. Appeal from decision of District Court Judge or bureau

1. Aggrieved person may appeal within 30 days. Any A person aggrieved by the decision of the District Court Judge in revoking or suspending any license or certificate of approval issued by the bureau or by refusal of the bureau to issue any a license applied for or certificate of approval may, within 30 days of the decision or refusal, appeal to the Superior Court by filing a complaint.

A. The 30-day period for appeal begins on:

(1) In the case of license revocation or a suspension or revocation, the effective date of the suspension or revocation; or

(2) In the case of refusal by the bureau to issue a license or certificate of approval, on the day when the bureau sends by registered or certified mail notice to the applicant at the address of the applicant's business given in the applicant's application for a license or certificate of approval.

B. Filing the complaint in the Superior Court stops the running of the limitation period.

2. Suspension or revocation suspended pending appeal. The operation of a suspension or revocation of a license or certificate of approval imposed by the District Court shall must be suspended, pending judgment of the Superior Court, if the licensee files an appeal in the Superior Court and notifies the District Court that the appeal has been filed, within 7 days of the mailing of the decision of the District Court by certified mail to the address given by the licensee at the time of the application for a the license or certificate of approval.

4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court Judge.

5. Further appeal. An aggreived aggrieved person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial Court may, after consideration, reverse or modify any decree made by the Superior Court based upon an erroneous ruling or finding of law.

Sec. 115. 28-A MRSA §1001, sub-§3, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is further amended to read:

A. Airlines Airline corporations;

Sec. 116. 28-A MRSA §1001, sub-§3, ¶E-1 is enacted to read:

E-1. Curling centers;

Sec. 117. 28-A MRSA §1001, sub-§3, ¶F, as amended by PL 1987, c. 342, §57, is repealed.

Sec. 118. 28-A MRSA §1001, sub-§3, ¶I, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

I. Indoor ice skating clubs centers;

Sec. 119. 28-A MRSA §1001, sub-§3, ¶J, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

J. Indoor racquet clubs centers;

Sec. 120. 28-A MRSA §1001, sub-§3, ¶L, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

L. Qualified catering services; and

Sec. 121. 28-A MRSA §1001, sub-§3, ¶L-1 is enacted to read:

L-1. Railroad corporations; and

Sec. 122. 28-A MRSA §1001, sub-§3, ¶M, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

M. Vessels Vessel corporations.

Sec. 123. 28-A MRSA §1003, sub-§3, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

A. Airlines Airline corporations;

Sec. 124. 28-A MRSA §1003, sub-§3, ¶E-1 is enacted to read:

E-1. Curling centers;

Sec. 125. 28-A MRSA §1003, sub-§3, ¶F, as amended by PL 1987, c. 342, §60, is repealed.

Sec. 126. 28-A MRSA §1003, sub-§3, ¶I, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

I. Indoor ice skating clubs centers;

Sec. 127. 28-A MRSA §1003, sub-§3, ¶J, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

J. Indoor racquet clubs centers;

Sec. 128. 28-A MRSA §1003, sub-§3, ¶L, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

L. Qualified catering services; and

Sec. 129. 28-A MRSA §1003, sub-§3, ¶L-1 is enacted to read:

L-1. Railroad corporations; and

Sec. 130. 28-A MRSA §1003, sub-§3, ¶M, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

M. Vessels Vessel corporations.

Sec. 131. 28-A MRSA §1004, sub-§3, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

A. Airlines Airline corporations;

Sec. 132. 28-A MRSA §1004, sub-§3, ¶E-1, as enacted by PL 1995, c. 558, §3, is amended to read:

E-1. Curling clubs centers;

Sec. 133. 28-A MRSA §1004, sub-§3, ¶F, as amended by PL 1987, c. 342, §62, is repealed.

Sec. 134. 28-A MRSA §1004, sub-§3, ¶I, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

I. Indoor ice skating clubs centers;

Sec. 135. 28-A MRSA §1004, sub-§3, ¶J, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

J. Indoor racquet clubs centers;

Sec. 136. 28-A MRSA §1004, sub-§3, ¶M-1 is enacted to read:

M-1. Railroad corporations;

Sec. 137. 28-A MRSA §1004, sub-§3, ¶O, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

O. Vessels Vessel corporations.

Sec. 138. 28-A MRSA §1005, sub-§3, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

A. Airlines Airline corporations;

Sec. 139. 28-A MRSA §1005, sub-§3, ¶E-1 is enacted to read:

E-1. Curling centers;

Sec. 140. 28-A MRSA §1005, sub-§3, ¶F, as amended by PL 1987, c. 342, §64, is repealed.

Sec. 141. 28-A MRSA §1005, sub-§3, ¶I, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

I. Indoor ice skating clubs centers;

Sec. 142. 28-A MRSA §1005, sub-§3, ¶J, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

J. Indoor racquet clubs centers;

Sec. 143. 28-A MRSA §1005, sub-§3, ¶M-1 is enacted to read:

M-1. Railroad corporations;

Sec. 144. 28-A MRSA §1005, sub-§3, ¶Q, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

Q. Vessels Vessel corporations.

Sec. 145. 28-A MRSA §1007, sub-§3, ¶A, as amended by PL 1987, c. 342, §68, is further amended to read:

A. Off-premise Off-premises retailers with a qualifying stock of groceries, compatible merchandise or combination of both , as described in section 1201, subsections 6 and 7.

Sec. 146. 28-A MRSA §1009, sub-§3, ¶A, as repealed and replaced by PL 1987, c. 342, §72, is amended to read:

A. Off-premise Off-premises retailers with a qualifying stock of groceries, compatible merchandise or combination of both , as described in section 1201, subsections 6 and 7.

Sec. 147. 28-A MRSA §1010-A, sub-§2, as amended by PL 2011, c. 497, §1, is repealed and the following enacted in its place:

2. Fees. The fees for a Class VIII license are as follows:

A. The initial fee for a Class VIII license is $2,000;

B. The annual renewal fee for a Class VIII license is $700; and

C. The fee to transfer a Class VIII license to a new owner of an agency liquor store in accordance with section 457 is $2,000.

Sec. 148. 28-A MRSA §1010-A, sub-§3, ¶A, as enacted by PL 2011, c. 460, §2, is amended to read:

A. Agency liquor store licensees with a qualifying stock of groceries, compatible merchandise or a combination of both , as described in section 1201, subsections 6 and 7.

Sec. 149. 28-A MRSA §1011-A, sub-§1, as enacted by PL 1993, c. 410, Pt. ZZ, §17, is amended to read:

1. Types of liquor that may be sold. A Class XI licensee may sell spirits, wine and malt to be consumed on the premises where sold liquor for on-premises consumption.

Sec. 150. 28-A MRSA §1012, sub-§1, as amended by PL 1987, c. 623, §12, is further amended to read:

1. Incorporated civic organizations. An incorporated civic organization may obtain up to 5 licenses per year to sell spirits, wine and malt liquor to be consumed on the premises for on-premises consumption as provided in section 1071. The fee for each license is $50.

A. The license fee for each license is ........................................$ 50.

Sec. 151. 28-A MRSA §1012, sub-§2, as amended by PL 2017, c. 17, §6, is repealed and the following enacted in its place:

2. Auxiliary license. The following licensed establishments may obtain an auxiliary license to sell spirits, wine or malt liquor for on-premises consumption at one additional premises as provided in section 1075:

A. A Class A restaurant located at, a Class A restaurant/lounge located at, a Class A lounge located at or a hotel with a Class I license located at a ski area, golf course or disc golf course; or

B. A golf course with a Class I license or a club with a Class I or Class V license located at a golf course or disc golf course.

The fee for an auxiliary license is $100.

Sec. 152. 28-A MRSA §1012, sub-§3, as amended by PL 1999, c. 236, §1, is repealed and the following enacted in its place:

3. Off-premises catering license. A club licensed to sell spirits, wine and malt liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed Class A lounge, licensed hotel or licensed bed and breakfast may obtain a license to conduct off-premises catering of the same type or types of liquor that the establishment may sell pursuant to the establishment's underlying club, Class A restaurant, Class A restaurant/lounge, Class A lounge, hotel or bed and breakfast license as provided in section 1052. The fee for an off-premises catering license is $10 per calendar day of the event or gathering.

Sec. 153. 28-A MRSA §1012, sub-§4, as amended by PL 2017, c. 167, §19, is repealed and the following enacted in its place:

4. Golf course or disc golf course mobile service bar. A licensee that is the owner of a golf course or disc golf course and a licensee that is a Class A restaurant located at, a Class A restaurant/lounge located at or a hotel with a Class I license located at a golf course or disc golf course may apply for a license to sell liquor from a mobile service bar as provided in section 1075-A. The license fee per calendar year is $100.

Sec. 154. 28-A MRSA §1012, sub-§6, ¶C, as amended by PL 2019, c. 404, §16, is further amended to read:

C. A minibar may be stocked with beer malt liquor, wine and spirits as well as other complementary merchandise;

Sec. 155. 28-A MRSA §1012, sub-§6, ¶D, as enacted by PL 2009, c. 458, §2, is amended to read:

D. Supplies of beer malt liquor and wine for a hotel minibar must be purchased from a wholesale licensee;

Sec. 156. 28-A MRSA §1051, sub-§3, ¶A, as amended by PL 1999, c. 236, §2, is further amended to read:

A. Subject to law and the rules of the bureau, hotel or bed and breakfast licensees may sell liquor in the original packages or by the drink to bona fide registered room hotel guests or bed and breakfast guests, respectively. Any A sale to a hotel guest or bed and breakfast guest may be delivered to the guest's room only by a hotel or bed and breakfast employee.

Sec. 157. 28-A MRSA §1051, sub-§3, ¶B, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

B. A licensee may serve liquor at locations other than the licensed premises under the off-premise off-premises catering license issued under section 1052.

Sec. 158. 28-A MRSA §1051, sub-§4, as enacted by PL 1997, c. 306, §1, is amended to read:

4. Partially Removal of partially consumed bottles of wine from premises. Notwithstanding subsection 3, any establishment licensed by the State to sell wine on the premises may permit a person who has purchased a full course meal, and purchased and partially consumed a bottle of table wine with the meal, to remove the partially consumed bottle from the premises upon departure, provided that as long as the person is not visibly intoxicated as provided in section 2503, subsection 7 , and the bottle of table wine is removed and transported in a manner consistent with subsection 5.

Sec. 159. 28-A MRSA §1051, sub-§5, as amended by PL 1999, c. 293, §1, is further amended to read:

5. Transporting Transportation of partially consumed bottles of wine. A partially consumed bottle of table wine that is removed from the premises under subsection 4 must be transported in compliance with Title 29-A, section 2112-A, if transported by motor vehicle, or securely sealed and bagged if transported on foot or by means other than a motor vehicle.

Sec. 160. 28-A MRSA §1051, sub-§6, as amended by PL 2019, c. 404, §18, is further amended to read:

6. Spirits taste-testing events for retail licensees on on-premises retail licensee's premises. A distiller distillery, a licensed spirits sales representative and the State's wholesale liquor spirits provider, with the written permission of the bureau, may rent or lease an area or room from an on-premises retail licensee for the purpose of inviting retail licensees to taste test spirits. Spirits taste-testing events must be conducted during hours that are authorized by the bureau for the sale of the product on the premises. The following conditions apply to all taste testing each taste-testing event conducted under this subsection.

A. The distiller distillery, the licensed spirits sales representative or the State's wholesale liquor spirits provider may provide the products for taste testing the taste-testing event only if the retail price has been paid and a record of the transaction is maintained and made available to the bureau.

B. The taste-testing activity event may be conducted only within a special designated area or room.

C. The taste-testing activity event may be open only to invited retail licensees or their authorized agents and not to family members, guests or the general public.

D. After the taste-testing activity event is concluded, the distiller distillery, the licensed spirits sales representative or the wholesale liquor spirits provider, as applicable, shall remove all products supplied for the taste-testing activity event from the retail licensee's premises.

E. Spirits may not be served to a person who is a minor or who is visibly intoxicated.

Sec. 161. 28-A MRSA §1051, sub-§8, as amended by PL 2019, c. 404, §19, is further amended to read:

8. Liquor taste-testing events for general public on on-premises retail licensee's premises. The bureau may authorize an on-premise on-premises retail licensee to conduct taste testings of liquor taste-testing events open to the public on the licensed premises. Taste-testing events under this subsection must be conducted during hours that are authorized by the bureau for the sale of liquor on the licensed premises and may be held in collaboration with a certificate of approval holder, sales representative licensed under section 1502 or wholesale licensee. An on-premise on-premises retail licensee may request authority to conduct a taste testing taste-testing event using forms prescribed by the bureau. The request must indicate if a sales representative licensed under section 1502 will be pouring samples of liquor for taste testing and verification that the sales representative has successfully completed an alcohol server education course approved by the commissioner. The following conditions apply to all taste-testing events conducted under this subsection.

A. Liquor may not be served to persons who have not yet attained 21 years of age.

B. A person may not be served more than a total of 12 ounces of malt liquor having an alcohol content of 6% or less; for malt liquor having an alcohol content greater than 6% but less than 12%, a person may not be served more than a total of 6 ounces; or, for malt liquor having an alcohol content of 12% or greater, a person may not be served more than a total of 3 ounces.

C. A person may not be served more than a total of 5 ounces of wine having an alcohol content of 14% or less; or, for wine having an alcohol content greater than 14%, a person may not be served more than a total of 3 ounces of wine.

D. A person may not be served more than a total of 1 1/2 ounces, in 1/2 ounce servings, of spirits having an alcohol content of 80 proof or less; or, for spirits containing an alcohol content of greater than 80 proof, a person may not be served more than a total of 3/4 of an ounce in 1/4 ounce servings.

E. A person may not be charged a fee for any liquor served as part of a taste-testing event.

F. A person may not be served who is visibly intoxicated.

G. A taste-testing event must be conducted within the hours of retail sale established in this Title.

H. The retail licensee must obtain the written permission of the bureau before conducting a taste-testing event.

I. The retail licensee may conduct no more than one taste-testing event per month.

J. A taste-testing event is not allowed in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5.

K. The retail licensee must notify the bureau of the date and time scheduled for a taste-testing event. This notification must list the name of any sales representative licensed under section 1502 who will be pouring samples for taste testing.

L. Liquor served at a taste-testing event may be provided by the retail licensee purchasing the liquor from a wholesale licensee or agency liquor store a reselling agent. A record of a transaction under this paragraph must be maintained and made available to the bureau.

M. The retail licensee shall establish a designated area in which to conduct a taste-testing event in accordance with this section and shall make reasonable attempts to ensure that tastings are confined to the designated area.

N. The retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the licensed premises in place of or to coincide with a taste-testing event that is open to the public.

O. After a taste-testing event is concluded, the retail licensee may return any unused portion of liquor used to conduct the taste-testing event to the licensee's existing stock.

P. A certificate of approval holder, licensed sales representative or wholesale licensee who that participates in a taste-testing event may provide and distribute food or snacks to be consumed in conjunction with the liquor to be tasted at no cost to the public or the retail licensee if the total cost for the food or snacks does not exceed $200 per event. Any remaining food or snacks provided in conjunction with a taste-testing event must be removed by the certificate of approval holder, licensed sales representative or wholesale licensee from the licensed premises at the conclusion of the event.

Q. A certificate of approval holder, licensed sales representative or wholesale licensee who that participates in a taste-testing event may provide material to advertise the liquor being offered at the taste-testing event or for the promotion of responsible use of alcohol. A certificate of approval holder, licensed sales representative or wholesale licensee may use the advertising material only for promotional display on the licensed premises. Advertising material related to the taste-testing event may include signs, coasters, napkins, table tents and items of like value and must be removed by the certificate of approval holder, licensed sales representative or wholesale licensee from the licensed premises at the conclusion of the event.

R. A certificate of approval holder, licensed sales representative or wholesale licensee who that participates in a taste-testing event may distribute novelties to the public during the event at a cost not to exceed $3 per novelty. All remaining novelties under this paragraph must be removed by the certificate of approval holder, licensed sales representative or wholesale licensee from the licensed premises at the conclusion of the taste-testing event.

S. Liquor may be poured for the taste-testing event only by the owner or an employee of the on-premises retail licensee, by a sales representative licensed under section 1502 whose name is listed on the request to conduct the taste-testing event as required by paragraph K or, if the manufacturer of the liquor being poured is licensed under section 1355-A, by the manufacturer or an employee of the manufacturer.

The bureau may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 162. 28-A MRSA §1052, as amended by PL 2017, c. 260, §1, is further amended to read:

§ 1052. Off-premise Off-premises catering at planned events or gatherings

1. Off-premise Off-premises catering license for sale of liquor off-premise. Class A restaurants, Class A lounges, Class A restaurant/lounges, hotels, bed and breakfasts and clubs A club licensed to sell spirits, wine and malt liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed Class A lounge, licensed hotel or licensed bed and breakfast may apply for an additional license to conduct off-premises catering of spirits, wine and malt liquor at planned events or gatherings to be held at locations other than the licensee's premises under this section.

2. Fee. The license fee for the off-premise catering license is $10 per calendar day of the event or gathering.

3. Sponsor Type of event. The off-premise sales An off-premises catering license authorizes the licensee to sell the type of liquor specified in subsection 3-A only at:

A. Public events or public gatherings sponsored by a charitable, nonprofit organization or civic group; and

B. Private events or private gatherings sponsored by an individual person, organization or association of persons.

3-A. Type of liquor. An off-premises catering licensee may sell at an event described in subsection 3 only the type or types of liquor that the licensee is authorized to sell pursuant to the licensee's underlying club, Class A restaurant, Class A restaurant/lounge, Class A lounge, hotel or bed and breakfast license.

4. Application. The licensee must apply for an off-premises catering license by filing a written application with the bureau at least 24 hours before the event or gathering. The application must include the following:

A. Title and purpose of the event;

B. Date, time and duration;

C. Location;

D. Approximate number of persons to be accommodated;

E. Name and address of sponsoring person, organization or association;

F. If food is to be served, the name and address of food caterer, if other than the licensee; and

G. Approval by the municipal officers, or a municipal official designated by the municipal officers, of the municipality in which the proposed additional licensed premises are located, which, notwithstanding section 653, may be granted without public notice. The bureau shall accept approval required under this paragraph in electronic form submitted by the applicant or directly by the municipality to the bureau.

5. Ruling on application. Upon receipt of the application, the bureau may immediately approve or deny the application. The bureau shall advise the applicant that the license and the off-premise off-premises sales license may be revoked and suspended under chapter 33.

6. Local option questions. The bureau may not grant approval for the sale of liquor at events to be held in areas where the voters have voted in the negative concerning the pertinent local option questions.

Sec. 163. 28-A MRSA §1052-D, as amended by PL 2019, c. 404, §§20 to 25, is further amended to read:

§ 1052-D. Taste-testing event license

1. Taste-testing event license. A person who has been issued a license under section 1355-A, a wholesaler licensed under section 1401, a person who has been granted a certificate of approval from the bureau, a supplier or foreign manufacturer of spirits or a broker One or more certificate of approval holders, wholesale licensees or spirits suppliers may apply jointly in any combination for a license to participate in a taste-testing event subject to the conditions prescribed by this section. For the purposes of this section, "broker" means a person who represents suppliers or manufacturers of spirits and "foreign manufacturer of spirits" means a person who produces spirits outside of the State.

2. Sponsored manufacturers. For the purposes of this section, "sponsored manufacturer" means a manufacturer without a license or certificate of approval who that is sponsored by a certificate of approval holder or a manufacturer licensed under section 1355-A or a manufacturer who may participate in a taste-testing event person licensed under subsection 1.

A sponsored manufacturer licensed in another state may participate in the taste-testing event in the same manner and subject to the same conditions as a manufacturer person licensed under section 1355-A or a person who has been granted a certificate of approval subsection 1 if:

A. The sponsored manufacturer provides a copy of state and federal licenses or permits authorizing the manufacture of alcoholic beverages liquor; and

B. The sponsored manufacturer is included on the application for the taste-testing event license.

Nothing in this section prohibits a manufacturer licensed under section 1355-A or a manufacturer who has received a certificate of approval person licensed under subsection 1 from sponsoring more than one sponsored manufacturer.

3. Application. An applicant for a taste-testing event license shall submit a written application to the bureau no later than 15 calendar days prior to the first day of the taste-testing event. The application must include the following:

A. The name and address of each applicant;

B. The title and purpose of the taste-testing event;

C. The date, time and duration of the taste-testing event;

D. The address and location of the taste-testing event including a description of the area designated for the taste-testing event;

E. The names of each sponsored manufacturer who that intends to take part in the taste-testing event and the name of the certificate of approval holder or manufacturer who that has agreed to be the manufacturer's sponsor;

F. The sample size and overall sample limit that will be imposed for each day of the taste-testing event consistent with the requirements in subsection 7, paragraph C; and

G. Approval by the municipal officer or a municipal official designated by the municipal officers of the municipality where the taste-testing event will be located. Notwithstanding section 653, the approval may be granted without public notice.

4. Fee. The license fee for a taste-testing event license is $20 for each manufacturer licensed under section 1355-A, person licensed under subsection 1 and each sponsored manufacturer , wholesaler licensed under section 1401, certificate of approval holder or broker participating in the taste-testing event.

5. Ruling on application. Upon receipt of an application under subsection 3, the bureau shall immediately approve or deny the application. The bureau shall advise applicants that the license may be suspended or revoked under chapter 33.

6. Up to 10 licensed events per year; one event per license. A certificate of approval holder, a manufacturer licensed under section 1355-A, a supplier or foreign manufacturer of spirits, a broker or a wholesaler licensed under section 1401 A person eligible for a license under subsection 1 may obtain up to 10 licenses under this section per calendar year. Each license permits a taste-testing event lasting up to 4 consecutive days.

7. Conditions. The following conditions apply to taste-testing events licensed under this section.

A. A person may not be charged a fee, except the fee for admission, for any malt liquor, wine or spirits that are offered for taste testing at the event. This paragraph does not apply to malt liquor, wine or spirits that are sold for on-premises consumption under a license duly issued by the bureau separate from a taste-testing event license.

B. The venue for the taste-testing event may not be currently licensed to serve alcoholic beverages any type of liquor for on-premises consumption. If the venue is currently licensed for on-premises consumption, the bureau shall permit the temporary surrender of the venue's license for the duration of the taste-testing event temporarily suspend the authority of the on-premises retail licensee to sell liquor for on-premises consumption in the area designated for the taste-testing event. Notwithstanding paragraph A, the on-premises retail licensee may sell liquor for on-premises consumption outside the area designated for the taste-testing event.

C. A licensee under this section shall limit the size of samples provided for tasting to 4 ounces of malt liquor, 1 1/2 ounces of wine and 1/2 ounce of spirits. A licensee shall limit the total number of samples to 12 per day, per person, except that:

(1) The 12-sample limit does not apply when the licensee provides a variety of substantial food offerings to patrons of the taste-testing event. For the purposes of this subparagraph, "substantial food" does not include offerings such as prepackaged snacks, pretzels, peanuts, popcorn or chips; and

(2) The sample-size and 12-sample limit do not apply when a licensee includes, as part of a taste-testing event, a multicourse sit-down meal designed to pair food with complementing alcoholic beverages liquor. This exception applies only at a taste-testing event that is designed to promote the food and beverage or hospitality industry at which at least 50% of the vendors represent and promote a business other than the manufacture or distribution of liquor.

D. A licensee under this section shall record of the number of patrons admitted to the taste-testing event by requiring patrons to submit a ticket or sign a register or by employing some similar method of tracking attendance.

E. Points of entry to the taste-testing venue must be clearly defined and monitored to ensure consumption takes place only within the designated area of the taste-testing event.

F. A minor is prohibited from attending the taste-testing event unless accompanied by a parent or guardian or unless the alcohol served at the taste-testing event is confined to a segregated area from which minors are prohibited.

G. Malt liquor, wine or spirits for taste testing may not be poured in advance and made available for patrons of the taste-testing event to serve themselves.

H. A person who is visibly intoxicated may not be served.

I. A licensee under this section who is a manufacturer licensed under section 1355-A, is a wholesaler licensed under section 1401 or is a certificate of approval holder A person licensed under subsection 1 may provide for taste testing any malt liquor or wine that the licensee , wholesaler or manufacturer manufactures or distributes that is registered and authorized for distribution and sale under this Title . A licensee under this section who is a manufacturer of spirits licensed under section 1355-A, a supplier or foreign manufacturer of spirits or a broker may provide for taste testing or any spirits that the licensee manufactures or distributes that are listed for sale by the commission. A sponsored manufacturer may provide for taste testing any spirits, wine or malt liquor that the sponsored manufacturer manufactures. Excise taxes for malt liquor and wine under section 1652 must be paid before the scheduled date of the taste-testing event.

J. A sponsored manufacturer may, for the purpose of promoting malt liquor or wine for distribution and sale in the State, provide for taste testing any malt liquor or wine that the sponsored manufacturer manufactures outside the State that has been registered with the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. All containers of malt liquor or wine served in accordance with this paragraph, including empty containers, must be removed from the State following the taste-testing event. All malt liquor and wine provided for the taste-testing event under this paragraph is subject to excise taxes under section 1652 and premiums, when applicable, under section 1703.

K. Each manufacturer, sponsored manufacturer, wholesaler, certificate of approval holder or broker licensed to take part in the taste-testing event person licensed under subsection 1 and each participating sponsored manufacturer described under subsection 2 shall make available to the bureau or local law enforcement agency upon request a list of the persons designated by the respective licensee to serve malt liquor, wine or spirits for taste testing at the event. The list must be accompanied by an affidavit attesting that no person designated to serve alcohol for taste testing has been found to have violated any state or federal law prohibiting the sale or furnishing of alcohol to a minor.

L. Each manufacturer, sponsored manufacturer, wholesaler, certificate of approval holder or broker person licensed under subsection 1 and each participating sponsored manufacturer described under subsection 2 shall provide to any a person designated to serve malt liquor, wine or spirits for taste testing a badge or similar means of identification that clearly identifies the name of the manufacturer, sponsored manufacturer, supplier, wholesaler or certificate of approval holder licensee or sponsored manufacturer. The badge or similar means of identification must be worn in a manner so that it is conspicuous and clearly visible to a person being served.

8. Information to be provided by the bureau. The bureau shall develop an informational pamphlet or similar document that is posted on the bureau's publicly accessible website describing the conditions that apply to the conduct of a taste-testing event, including generally applicable laws and rules that are not described in this section. The bureau shall consider commonly cited violations from similar events that have been conducted in the State when developing the informational pamphlet or similar document.

9. Retail sales for off-premises consumption. Notwithstanding any provision of this Title to the contrary, a licensed in-state brewery, small brewery, winery, small winery, distillery or small distillery may sell for off-premises consumption at a taste-testing event under this section malt liquor, wine or spirits manufactured in the State by the licensee under the following conditions.

A. Wine, spirits and malt liquor for retail sale must be prepackaged and sold by the bottle or case. A sale must be accompanied by a sales receipt.

B. Spirits sold by a distillery are subject to the listing, pricing and distribution provisions of this Title. Spirits sold by a small distillery may be sold in the same manner as permitted under section 1355-A, subsection 5, paragraph G.

Sec. 164. 28-A MRSA §1054, sub-§2, as amended by PL 2017, c. 13, §2, is further amended to read:

2. Permit required Authority to require permit. A municipality or, in the case of an unincorporated place, the county commissioners may require a an on-premises retail licensee for sale of liquor to be consumed on the premises to obtain a permit for music, dancing or entertainment from the municipality or, in the case of an unincorporated place, the county commissioners of the county in which the licensed premises are located. The permit must specify which activities are prohibited on the licensed premises and may include a list of which activities are authorized, in accordance with local ordinances or regulations adopted by the municipality or unincorporated place.

Sec. 165. 28-A MRSA §1054, sub-§8, as amended by PL 1991, c. 377, §16, is further amended to read:

8. Appeal procedure. Any If the municipality has a board of appeals, as described in Title 30-A, section 2691, a licensee who that has applied for a permit and has been denied, or whose has had its permit has been revoked or suspended, may appeal the decision to the municipal board of appeals , as defined in Title 30-A, section 2691, within 30 days of the denial, suspension or revocation. The municipal board of appeals , if the municipality has such a board, may grant or reinstate the permit if it finds that:

A. The permitted activities would not constitute a detriment to the public health, safety or welfare, or violate municipal ordinances or regulations; or

B. The denial, revocation or suspension was arbitrary and capricious.

Sec. 166. 28-A MRSA §1054, sub-§11, as amended by PL 2017, c. 13, §2, is further amended to read:

11. Municipal ordinances or regulations. A If a municipality requires permits under subsection 2, the municipality shall adopt ordinances or authorize the municipal officers to establish written regulations governing the following aspects of the permits.

A. These ordinances or regulations must govern:

(1) The issuance, suspension and revocation of these permits;

(2) The classes of permits and fees for the issuance of these permits;

(3) The music, dancing or entertainment permitted under each class; and

(4) Other limitations on these activities required to protect the public health, safety and welfare.

B. These ordinances or regulations may specifically determine:

(1) The location and size of premises to which the permits may apply;

(2) The facilities that may be required for the permitted activities on those premises;

(3) The hours during which the permitted activities may take place; and

(4) The lighting level required, which may be lowered when the entertainment is provided.

Sec. 167. 28-A MRSA §1054, sub-§12, as amended by PL 2017, c. 13, §2, is further amended to read:

12. Unincorporated place. If licensed premises are located in an unincorporated place in which the county commissioners require permits under subsection 2, the county commissioners of the county in which the unincorporated place is located shall grant, suspend or revoke permits in the same manner and with the same authority as municipal officers . The county commissioners and shall adopt regulations in the same manner as municipal officers.

Sec. 168. 28-A MRSA §1055, sub-§1, ¶G, as enacted by PL 2015, c. 142, §3, is amended to read:

G. Spirits served as a sample must be purchased from the State or the State's contracted wholesaler wholesale spirits provider.

Sec. 169. 28-A MRSA §1061, sub-§2, as amended by PL 1995, c. 270, §1, is further amended to read:

2. Minors not permitted on premises. Except as provided in paragraph B, no a hotel licensee may not permit any a minor in any a hotel lounge that serves alcoholic beverages where liquor is served.

B. This subsection does not apply when:

(1) The minor is accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002;

(2) The minor is employed under section 704; or

(3) The licensee does not permit consumption of liquor on the licensed premises.

Sec. 170. 28-A MRSA §1061, sub-§3, as amended by PL 1987, c. 342, §83, is further amended to read:

3. Income from sale of food requirement. At least 10% of the gross annual income , not including income from the rental of rooms or from a minibar licensed under section 1012, must be from the sale of food for each licensed hotel. This requirement does not apply to a hotel that has a Class I-A license under section 1002.

Sec. 171. 28-A MRSA §1061, sub-§3-A is enacted to read:

3-A. Bureau to determine whether new applicant would probably meet sale of food requirement. The bureau may not issue an initial license to a hotel unless it determines that the applicant would probably meet the requirements of subsection 3. This requirement does not apply to a hotel that applies for a Class I-A license under section 1002.

Sec. 172. 28-A MRSA §1061, sub-§3-B is enacted to read:

3-B. Proof of compliance with sale of food requirement for license renewal. The bureau may not renew a hotel's license unless the licensee furnishes the bureau with proof that the previous year's business met the requirements of subsection 3. If the bureau determines that the licensee has not satisfied the requirements of subsection 3, the bureau may renew the license for only one year, during which the licensee must meet the requirements of subsection 3 to be eligible for further license renewal. This subsection does not apply to a hotel that has a Class I-A license under section 1002.

Sec. 173. 28-A MRSA §1062, as amended by PL 1997, c. 373, §§87 to 89, is further amended to read:

§ 1062. Restaurant requirements Restaurants

1. Issuance of licenses. The bureau may issue licenses under this section for the sale of wine and malt liquor to be consumed on the premises for on-premises consumption to restaurants, as defined in section 2, subsection 15, paragraph Q.

3. Income from sale of food requirement. Except as provided in paragraph B, at At least 10% of the gross annual income must be from the sale of food for both year-round and part-time restaurants.

A. The bureau may not renew any license for the sale of wine or malt liquor unless the licensee furnishes proof to the bureau that the previous year's business conformed to the income requirement of this subsection.

B. Income from the bowling business in bowling alleys must not be included in the income requirement of this section.

4. Bureau determines who to determine whether new applicant would probably qualify meet sale of food requirement. The bureau may not issue the an initial license if to a restaurant unless it determines that the applicant for a new license would probably meet the requirements of subsection 3.

5. Proof of compliance with sale of food requirement for license renewal. The bureau may not renew a restaurant's license unless the licensee furnishes the bureau with proof that the previous year's business met the requirements of subsection 3. If the bureau determines that the licensee has not satisfied the requirements of subsection 3, the bureau may renew the license for only one year, during which the licensee must meet the requirements of subsection 3 to be eligible for further license renewal.

Sec. 174. 28-A MRSA §1063, as amended by PL 1995, c. 25, §1, is further amended to read:

§ 1063. Class A restaurants and Class A restaurant/lounges

1. Issuance of license. The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises for on-premises consumption to Class A restaurants, as defined in section 2, subsection 15, paragraph R , and to Class A restaurant/lounges, as defined in section 2, subsection 15, paragraph R-1.

2. Income from sale of food requirement. At least a minimum amount of the gross annual income must be from the sale of food for each Class A restaurant or Class A restaurant/lounge. The income from the sale of food requirement is based on the population of the municipality in which the Class A restaurant or Class A restaurant/lounge is located. The bureau shall prorate the income from the sale of food requirement under this subsection for licensees that operate during only part of an annual license period.

A. In municipalities having a population of more than 50,000 persons:

(1) Year-round Class A restaurants or Class A restaurant/lounges must have a minimum gross annual income of $50,000 per year from the sale of food to the public on their premises.

B. In municipalities having a population of more than 30,000 but not more than 50,000 persons:

(1) Year-round Class A restaurants or Class A restaurant/lounges must have a minimum gross annual income of $40,000 per year from the sale of food to the public on their premises.

C. In municipalities having a population of more than 20,000 but not more than 30,000 persons:

(1) Year-round Class A restaurants or Class A restaurant/lounges must have a minimum gross annual income of $30,000 per year from the sale of food to the public on their premises.

D. In municipalities having a population of not more than 20,000 persons:

(1) Year-round Class A restaurants or Class A restaurant/lounges must have a minimum gross annual income of $20,000 per year in sale of food to the public on their premises.

3. Bureau determines to determine whether new applicant would probably qualify meet sale of food requirement. The bureau may not issue the an initial license if to a Class A restaurant or a Class A restaurant/lounge unless it determines that the applicant would probably qualify meet the requirements of subsection 2.

4. Licensee for renewal must show proof of meeting income requirement Proof of compliance with sale of food requirement for license renewal. The bureau may not renew any a Class A restaurant's or a Class A restaurant/lounge's license for the sale of liquor under this subsection unless the licensee furnishes the bureau with proof that the previous year's business conformed to met the income requirement requirements of this subsection 2. The bureau shall prorate food requirements for licensees who operate during only part of an annual license period If the bureau determines that the licensee has not satisfied the requirements of subsection 2, the bureau may renew the license for only one year, during which the licensee must meet the requirements of subsection 2 to be eligible for further license renewal.

Sec. 175. 28-A MRSA §1063-B, sub-§1, as enacted by PL 1999, c. 760, §4, is amended to read:

1. Issuance of licenses. The bureau may issue licenses under this section for the sale of malt liquor and wine to be consumed on the premises for on-premises consumption to pool halls as defined in section 2, subsection 23-A 15, paragraph N-1.

Sec. 176. 28-A MRSA §1065, as amended by PL 2003, c. 493, §12 and affected by §14 and amended by c. 689, Pt. B, §6, is further amended by amending the section headnote to read:

§ 1065. Licenses for Class A lounges

1. Issuance of licenses. The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises to Class A lounges as defined in section 2, subsection 15, paragraph L.[PL 1997, c. 373, § 90 (AMD).]

2. Food availability. The licensee shall offer food for sale to the public at all times that liquor is for sale.[PL 1987, c. 45, Pt. A, § 4 (NEW).]

3. Income from the sale of food requirement. [PL 1993, c. 730, § 43 (RP).]

4. Minors not allowed on premises. Minors are not permitted to remain on the premises except when:

A. The minor is accompanied by a parent, legal guardian or custodian as defined in Title 22, section 4002; or [PL 2003, c. 493, § 12 (AMD).] [PL 2003, c. 493, § 14 (AFF).]

B. The licensee does not permit consumption of liquor on the premises for a specific period of time or event. [PL 2003, c. 493, § 12 (AMD).] [PL 2003, c. 493, § 14 (AFF).]

C. [PL 2003, c. 493, § 12 (RP).] [PL 2003, c. 493, § 14 (AFF).]

[PL 2003, c. 493, § 12 (AMD).][PL 2003, c. 493, § 14 (AFF).]

5. Licensed by Department of Health and Human Services. All Class A lounges must be licensed by the Department of Health and Human Services.[PL 1987, c. 45, Pt. A, § 4 (NEW).][PL 2003, c. 689, Pt. B, § 6 (REV).]

6. Written evaluation. [PL 1987, c. 342, § 91 (RP).]

7. Sunset. [PL 1987, c. 342, § 91 (RP).]

[PL 1987, c. 45, § A4 (NEW).][PL 1987, c. 342, §§89-91 (AMD).][PL 1993, c. 730, § 43 (AMD).][PL 1997, c. 373, § 90 (AMD).][PL 1999, c. 568, § 2 (AMD).][PL 2003, c. 493, § 12 (AMD).][PL 2003, c. 493, § 14 (AFF).][PL 2003, c. 689, § B6 (REV).]

Sec. 177. 28-A MRSA §1065, sub-§4, as amended by PL 2003, c. 493, §12 and affected by §14, is further amended to read:

4. Minors not allowed on premises. Minors are not permitted to remain on the premises of a licensed Class A lounge except when:

A. The minor is accompanied by a parent, legal guardian or custodian , as defined in Title 22, section 4002; or

B. The licensee does not permit consumption of liquor on the premises for a specific period of time or event.

Sec. 178. 28-A MRSA §1066-A, sub-§2, as amended by PL 1991, c. 824, Pt. A, §58, is further amended to read:

2. Minors not permitted on premises. Minors are not permitted to remain on the premises of a licensed tavern unless:

A. Accompanied by a parent, legal guardian or custodian , as defined in Title 22, section 4002; or

B. Employed under section 704.

Sec. 179. 28-A MRSA §1070, sub-§1, as amended by PL 2015, c. 101, §1, is further amended to read:

1. Issuance of licenses. The bureau may issue licenses to civic auditoriums as defined in section 2, subsection 15, paragraph C under this section for the sale of spirits, wine and malt liquor. The license may be issued to the owner of the civic auditorium, the operator of the civic auditorium or the entity providing alcoholic beverages spirits, wine and malt liquor to the public in the civic auditorium.

Sec. 180. 28-A MRSA §1070, sub-§5, as enacted by PL 2015, c. 101, §1, is amended to read:

5. Bottle service of spirits; designated areas. A civic auditorium licensee may sell spirits in original containers for service in a civic auditorium club suite under the following conditions:

A. Spirits to be consumed in the club suite are must be provided exclusively by the civic auditorium licensee;

B. Spirits containers provided for consumption in the club suite must remain in the club suite for the duration of the event for which they were provided;

C. The number of spirits containers provided for consumption in the club suite may not exceed 6; and

D. The registered tenant of the club suite or individual specifically granted access to the club suite by the civic auditorium signs must sign a contract with the civic auditorium agreeing that no person under 21 years of age will be provided or served alcoholic beverages liquor in the club suite.

For purposes of this subsection, "club suite" means a designated area within a civic auditorium designed to provide premium viewing of an event in the auditorium and to which access is limited to registered tenants, invited guests and those who have been specifically granted access by the operator of the civic auditorium and is not accessible to the general public or civic auditorium patrons with tickets that provide for general admission to that event at the auditorium. A club suite must have a clearly designated point of access for the registered tenant or person specifically granted access by the operator of the civic auditorium to ensure that persons present in the suite are limited to invited guests and employees providing services to the club suite.

Sec. 181. 28-A MRSA §1071, sub-§6, as corrected by RR 2015, c. 2, §17, is amended to read:

6. Server requirements. A manufacturer licensed by the bureau under section 1355-A, a certificate of approval holder or a wholesaler who wholesale licensee that provides malt liquor, wine , fortified wine or spirits for the public event or gathering being sponsored may serve its product at the event. An incorporated civic organization issued a license in accordance with this section shall provide the names of persons not licensed under chapter 51, 55 or 59 who will be serving alcoholic beverages malt liquor, wine or spirits at the event. In the event that a server from that list is unavailable, a licensed manufacturer, distributor, wholesaler, small winery or small brewery that has provided alcoholic beverages malt liquor, wine or spirits to be served at the event may provide serving assistance.

Sec. 182. 28-A MRSA §1072, sub-§2, as amended by PL 1987, c. 342, §96, is further amended to read:

2. Requirements. Except as provided in subsection 3, for at least one year immediately before filing the application for a license, a club must have:

A. Been in continuous operation and existence;

B. Regularly occupied as owner or lessee a suitable clubhouse or quarters for use of club members;

C. Held regular meetings;

D. Conducted its business through officers regularly elected; and

E. Charged and collected dues from club members.

Sec. 183. 28-A MRSA §1072, sub-§4, as amended by PL 1997, c. 373, §99, is further amended to read:

4. Register of club members. Every club shall keep and maintain a register of the name, identity and address of each member of the club member. The club shall allow any liquor enforcement officer or other authorized agent of the bureau to inspect the register at any reasonable time.

Sec. 184. 28-A MRSA §1072, sub-§5, as amended by PL 2019, c. 44, §1, is further amended to read:

5. Sale of liquor only to club members and guests; exception. Except as provided in paragraph A or B, licensed clubs may not sell liquor to anyone except club members and their guests accompanying them.

A. Licensed veterans' and fraternal organizations and social clubs may sell liquor to members of the same national or affiliated international organization and to members of auxiliaries of the same national or affiliated international organization and their guests accompanying them.

B. At the discretion of and by agreement with the bureau, a licensed veterans' organization may, subject to time-of-day and seasonal limitations defined at the time of license approval, sell liquor to the general public if the organization has a valid license and is located on an island off the coast of the State that is provided with ferry service pursuant to Title 23, Part 6 and Title 35-A, chapter 51. When a licensed veterans' organization sells liquor to the general public pursuant to this paragraph, the premises at which the liquor is sold are deemed a public place for purposes of Title 22, chapter 262 during the time the general public is invited or allowed to be present, and smoking, as defined in Title 22, section 1541, subsection 6, is prohibited during that time.

Sec. 185. 28-A MRSA §1072, sub-§6, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

6. Sales in original containers forbidden. No A club may not sell spirits in the original container.

Sec. 186. 28-A MRSA §1073, as amended by PL 2017, c. 167, §20, is further amended to read:

§ 1073. Indoor racquet clubs centers; ice skating clubs centers; golf courses; curling clubs centers; and bowling centers disc golf courses

1. Issuance of licenses. The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises for on-premises consumption to bowling centers, curling clubs centers, disc golf courses, golf courses, indoor ice skating clubs centers and indoor racquet clubs centers as defined in section 2, subsection 15, paragraphs B-1, D-1, F-1, G, J and K , respectively.

2. Food availability. The A licensee under this section shall offer food for sale to the public at all times that liquor is for sale. For bowling centers, at least 10% of the gross annual income, not including income from the bowling business, must be from the sale of food.

3. Separate area for sale of food and liquor. The A licensee under this section shall set aside a separate area for the sale and consumption of food and liquor in accordance with the rules of the bureau. For bowling centers, that separate area may not include the area in which the game of bowling is conducted.

Sec. 187. 28-A MRSA §1073-A is enacted to read:

§ 1073-A. Bowling centers

1. Issuance of licenses. The bureau may issue a license under this section for the sale of spirits, wine and malt liquor for on-premises consumption to a bowling center as defined in section 2, subsection 15, paragraph B-1.

2. Separate area for sale of food and liquor. A licensee under this section shall set aside a separate area for the sale and consumption of food and liquor in accordance with the rules of the bureau. The separate area may not include the area in which the game of bowling is conducted.

3. Income from sale of food requirement. At least 10% of the gross annual income of a bowling center licensed under this section, not including income from the bowling business, must be from the sale of food.

4. Bureau to determine whether new applicant would probably meet sale of food requirement. The bureau may not issue an initial license to a bowling center unless it determines that the applicant would probably meet the requirements of subsection 3.

5. Proof of compliance with sale of food requirement for license renewal. The bureau may not renew a bowling center's license under this section unless the licensee furnishes the bureau with proof that the previous year's business met the requirements of subsection 3. If the bureau determines that the licensee has not satisfied the requirements of subsection 3, the bureau may renew the license for only one year, during which the licensee must meet the requirements of subsection 3 to be eligible for further license renewal.

Sec. 188. 28-A MRSA §1074, as amended by PL 1997, c. 373, §101, is further amended to read:

§ 1074. Outdoor stadiums

1. Issuance of licenses. The bureau may issue licenses a license under this section for the sale of wine and malt liquor to be consumed on the premises and wine for on-premises consumption to an outdoor stadiums stadium, as defined in section 2, subsection 15, paragraph M. A concessionaire or lessee may be issued a license under this section, regardless of whether it controls the premises, as long as that concessionaire or lessee complies with the notice provisions applicable to qualified catering services in section 1076, subsection 7 prior to exercising the license.

2. No sales at events for children. The A licensee under this section may not sell any malt liquor or wine at an outdoor stadium at any event primarily involving primary or secondary school children.

3. Conditions on sales. The A licensee under this section may not sell malt liquor or wine in the spectator stands at an outdoor stadium. Liquor may be sold A licensee may sell malt liquor or wine only by the glass in plastic or paper cups.

Sec. 189. 28-A MRSA §1075, as amended by PL 2017, c. 17, §8, is repealed and the following enacted in its place:

§ 1075. Auxiliary licenses

1. Issuance of licenses. Pursuant to section 1012, subsection 2 and subject to the requirements of subsection 1-A, the bureau may issue one auxiliary license under this section for the sale of spirits, wine or malt liquor for on-premises consumption at one additional premises to:

A. A Class A restaurant located at, a Class A restaurant/lounge located at, a Class A lounge located at or a hotel with a Class I license located at a ski area, golf course or disc golf course; or

A-1. A golf course with a Class I license or a club with a Class I or Class V license located at a golf course or disc golf course.

1-A. Qualifications. To qualify for an auxiliary license under this section:

A. The additional premises that will be subject to the auxiliary license must be located at the same ski area, golf course or disc golf course as the licensee's current Class A restaurant, Class A restaurant/lounge, Class A lounge, hotel, golf course or club;

B. The additional premises must offer food for sale to the public, although the food need not be prepared at the additional premises; and

C. The additional premises must be properly equipped, including with tables, chairs and restrooms.

2. Sales for consumption on slopes or courses prohibited. A licensee under this section may not sell liquor at a ski area for consumption on the slopes away from the licensed area. Except as provided in section 1075-A, a licensee under this section may not sell liquor at a golf course or disc golf course for consumption on the course away from the licensed area.

Sec. 190. 28-A MRSA §1075-A, sub-§2, as amended by PL 2017, c. 167, §22, is further amended to read:

2. License. The bureau may issue a license for a mobile service bar to a licensee who that owns a golf course or disc golf course or may issue a license for a mobile service bar to a licensee that is a Class A restaurant located at, a Class A restaurant/lounge located at or Class I a hotel with a Class I license located at a golf course or disc golf course. The licensee shall ensure that:

A. All individuals selling, serving or dispensing liquor from a mobile service bar are employees of the golf course or disc golf course, except as provided in subsection 2-A;

B. The licensee does not possess or permit possession, sale or consumption of any liquor on the golf course or disc golf course other than that which is permitted and purchased by the licensee in accordance with the license or licenses granted;

C. A sufficient number of employees are deployed to adequately control and ensure adherence to laws applying to the serving, sale and consumption of liquor on the golf course or disc golf course;

D. Service or consumption of any liquor is not allowed in parking lots except as otherwise provided in this chapter;

E. A licensee or licensee's employees do not allow patrons to leave the golf course or disc golf course with any liquor;

F. Only one standard serving of liquor is served to an individual a patron at a time;

G. Signs are posted that state that a patron may not bring liquor onto the premises of the golf course or disc golf course;

H. Signs are placed on the mobile service bar that state that service or consumption of any liquor by a person under 21 years of age is prohibited;

I. Liquor from a mobile service bar is purchased and consumed only by those patrons engaged in a round of golf or disc golf;

J. The operator of a mobile service bar is at least 21 years of age and has successfully completed an alcohol server education course; and

K. The operator of a mobile service bar has the ability and necessary tools to immediately contact a golf course or disc golf course employee working at the part of the golf course or disc golf course licensed as an on-premises establishment or an employee of a Class A restaurant or Class A restaurant/lounge operating under a contract with a municipal golf course or disc golf course for assistance in enforcing the provisions of this section.

Sec. 191. 28-A MRSA §1075-A, sub-§3, as amended by PL 2017, c. 17, §9, is further amended to read:

3. Penalty Bringing liquor to course prohibited; penalty. A person who brings alcoholic beverages liquor onto the premises of a golf course or disc golf course commits a civil violation for which a fine of not less than $250 nor more than $1,500 may be adjudged.

Sec. 192. 28-A MRSA §1075-A, sub-§4, as repealed and replaced by PL 2005, c. 108, §5, is amended to read:

4. Revocation and suspension of license. A licensee who holds a license issued by the bureau under this section and that commits a violation of law or rule for which that license may be revoked or suspended may also be subject to the revocation or suspension of any other licenses that that licensee holds to sell liquor for on-premises consumption are subject to chapter 33 to the same extent as are other on-premises licensees.

Sec. 193. 28-A MRSA §1075-A, sub-§5, as amended by PL 2017, c. 17, §9, is further amended to read:

5. Transportation of open containers prohibited. A patron of a golf course or disc golf course licensed under this section who operates a golf cart is prohibited from transporting an open container of liquor across a public way as defined by . For the purposes of this subsection, "public way" has the same meaning as in Title 29-A, section 2112-A, subsection 1, paragraph D.

Sec. 194. 28-A MRSA §1076, sub-§2, as amended by PL 1993, c. 410, Pt. ZZ, §20, is further amended to read:

2. Compliance with local option decisions. The bureau may license only those qualified catering services whose principal place places of business is are located in municipalities that have previously voted affirmatively on questions pertaining to on-premise on-premises sales as provided in chapter 5 or whose principal places of business are located in unincorporated places in which on-premises sales are authorized as provided in chapter 5.

A. Every event catered by the qualified catering service must also be located in a municipality that has previously voted affirmatively on questions pertaining to on-premise on-premises sales as provided in chapter 5 or in an unincorporated place in which on-premises sales have been authorized as provided in chapter 5.

Sec. 195. 28-A MRSA §1076, sub-§3, as amended by PL 1993, c. 410, Pt. ZZ, §20, is further amended to read:

3. Income from sale of food requirement. At least a minimum amount of gross annual income of a qualified catering service licensed under this section, not including income from the sale of food placed in vending machines, must be from the sale of food for each qualified catering service. The income from sale of food requirement is based on the population of the municipality in which the qualified catering service is located. For purposes of this section, "year-round" means operated for more than 6 months in a year.

A. In municipalities having a population of over 50,000 persons:

(1) Year-round qualified catering services must have a minimum gross income of $50,000 a year from the sale of food to the public; and

(2) Part-time qualified catering services must have a minimum gross income of:

(a) Thirty thousand dollars from the sale of food to the public if the catering service operates for more than 3 months but no more than 6 months in a year; and

(b) Twenty thousand dollars from the sale of food to the public if the catering service operates for no more than 3 months in a year.

B. In municipalities having a population of 30,001 to 50,000 persons:

(1) Year-round qualified catering services must have a minimum gross income of $40,000 a year from the sale of food to the public; and

(2) Part-time qualified catering services must have a minimum gross income of:

(a) Twenty-five thousand dollars from the sale of food to the public if the catering service operates for more than 3 months but no more than 6 months in a year; and

(b) Twenty thousand dollars from the sale of food to the public if the catering service operates for no more than 3 months in a year.

C. In municipalities having a population of 20,001 to 30,000 persons:

(1) Year-round qualified catering services must have a minimum gross income of $30,000 a year from the sale of food to the public; and

(2) Part-time qualified catering services must have a minimum gross income of $20,000 from the sale of food to the public if the catering service operates for more than 3 months but no more than 6 months in a year. :

(a) Twenty thousand dollars from the sale of food to the public if the catering service operates for more than 3 months but no more than 6 months in a year; and

(b) Ten thousand dollars from the sale of food to the public if the catering service operates for no more than 3 months in a year.

D. In municipalities having a population of 7,501 to 20,000 persons:

(1) Year-round qualified catering services must have a minimum gross income of $15,000 a year from the sale of food to the public; and

(2) Part-time qualified catering services must have a minimum gross income of $10,000 from the sale of food to the public if the catering service operates for no more than 6 months in a year.

E. In unincorporated places and in municipalities having a population of 7,500 persons or less:

(1) Year-round qualified catering services must have a minimum gross income of $5,000 a year from the sale of food to the public; and

(2) Part-time qualified catering services must have a minimum gross income of $2,500 from the sale of food to the public if the catering service operates for no more than 6 months in a year.

Sec. 196. 28-A MRSA §1076, sub-§4, as amended by PL 1993, c. 410, Pt. ZZ, §20, is further amended to read:

4. Bureau determines to determine whether new applicant would probably qualify meet sale of food requirement. The bureau may not issue the an initial license if to a qualified catering service unless it determines that the applicant for a new license would probably qualify meet the requirements of subsection 3.

Sec. 197. 28-A MRSA §1076, sub-§5, as amended by PL 1993, c. 410, Pt. ZZ, §20, is further amended to read:

5. Licensee for renewal must show proof of meeting income Proof of compliance with sale of food requirement for license renewal. The bureau may not renew any a qualified catering service's license for the sale of liquor under this section unless the licensee furnishes the bureau with proof that the previous year's business conformed to the income met the requirements of this section subsection 3. If the bureau determines that the licensee has not satisfied the requirements of subsection 3, it may renew the license for only one year, during which the licensee must meet the requirements of subsection 3 to be eligible for further license renewal.

Sec. 198. 28-A MRSA §1076, sub-§6, as enacted by PL 1987, c. 45, Pt. A, §4, is repealed.

Sec. 199. 28-A MRSA §1076, sub-§10, ¶B, as enacted by PL 2009, c. 530, §1, is amended to read:

B. The primary business of the licensee does not involve serving alcoholic beverages liquor on a day-to-day basis at self-sponsored events;

Sec. 200. 28-A MRSA §1077, as amended by PL 2015, c. 74, §5, is further amended to read:

§ 1077. Public service corporations : Vessel, railroad and airline corporations

1. Licenses. The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor by vessel, railroad and airline corporations vessel corporations, railroad corporations and airline corporations in their boats, cars vessels, passenger cars, dining cars and aircraft.

2. Vessels Vessel corporations. The requirements and conditions for licenses for vessels vessel corporations are as follows.

A. The bureau may not require that the vessels operated by vessel corporations be equipped to supply food or provide food service.

B. Except as provided in subparagraph (1), licenses issued under this section to vessel companies corporations operating boats within the State vessels on coastal waters authorize the licensees to sell liquor in the boats on board those vessels after leaving and before reaching ports within the State and licenses on coastal waters. Except as provided in subparagraph (1), licenses issued under this section to commercial vessel companies corporations operating boats vessels on inland waters within the State authorize the licensees to sell liquor on board the boat those vessels after leaving and before reaching docks on inland waters within the State.

(1) A licensee may sell liquor for consumption on board a vessel that is in port or docked , only if prior approval for the sale is obtained from the bureau under the license application procedure in section 653. A separate approval must be obtained for each port or dock location from which on-board sales of liquor are to be made.

C. A vessel corporation licensed to sell liquor under this section may sell liquor on Sundays only between the hours of 5 a.m. and 1 a.m. the following day on board vessels operating on inland waters and when operated within the 3-mile limit or on coastal waters.

D. Notwithstanding the provisions of sections 121 and 122, a vessel on inland waters corporation licensed under this section may sell liquor on board vessels operating on inland waters without approval of the municipal officers or, in the case of unincorporated places, the county commissioners.

For purposes of this subsection, "coastal waters" has the same meaning as in Title 12, section 6001, subsection 6.

3. Railroad corporations. The requirements and conditions for licenses for railroad corporations are as follows.

A. The license issued to a railroad corporation operating dining cars or passenger cars within the State authorizes the licensee to sell liquor to be consumed in the those dining cars or passenger cars only after leaving and before reaching the terminal stops.

4. Airlines Airline corporations. The requirements and conditions for licenses for airlines airline corporations are as follows.

A. The license issued to an airline corporation operating aircraft within the State authorizes the licensee to sell liquor in the those aircraft to be consumed in the aircraft only after leaving and before reaching airports within the State.

5. License sufficient throughout the State. One license issued under this section is sufficient to cover all aircraft, passenger cars or vessels , passenger cars, dining cars or aircraft operated by the licensed public service corporation.

Sec. 201. 28-A MRSA §1079, as amended by PL 1997, c. 373, §104, is repealed.

Sec. 202. 28-A MRSA §1201, sub-§1, as amended by PL 1997, c. 373, §105, is further amended to read:

1. Licenses for sale of malt liquor and table wine. The bureau may issue licenses under this section for the sale and distribution of malt liquor or wine to off-premise off-premises retail licensees, as defined in section 2, subsection 27, paragraph A.

Sec. 203. 28-A MRSA §1201, sub-§6, as repealed and replaced by PL 1987, c. 342, §103, is amended to read:

6. Stock of groceries or compatible merchandise required. All off-premise off-premises retail licensees must have and maintain:

A. An adequate stock of groceries fit for human consumption of at least $1,000 wholesale value;

B. A stock of merchandise reasonably compatible with a stock of malt liquor or wine of at least $1,000 wholesale value; or

C. A combination of both groceries fit for human consumption and compatible merchandise of at least $1,000 wholesale value.

Sec. 204. 28-A MRSA §1201, sub-§7, ¶A, as amended by PL 2005, c. 193, §1, is further amended to read:

A. Includes:

(1) Tobacco products;

(2) Newspapers;

(3) Greeting cards;

(4) Paper products;

(5) Cut flowers and potted flowers;

(5-A) Glasses, stemware, china and devices designed to open containers of wine and beer malt liquor;

(6) A stock of foodstuffs and other consumable products used on the premises in the preparation of food for on-premises or off-premises consumption on or off the premises; and

(7) Other items equally compatible with a stock of malt liquor or wine; and

Sec. 205. 28-A MRSA §1202, as amended by PL 1997, c. 373, §108, is further amended to read:

§ 1202. Payment for sales in off-premise retailers Employment of minors

1. Employees under 17. No An employee under 17 years of age may not accept payment for the sale of malt liquor or wine at the check-out counter of an off-premise off-premises retail licensee's establishment.

2. Employees who are 17. An employee who is at least 17 years of age but less than 21 years of age may accept payment only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.

Sec. 206. 28-A MRSA §1204, sub-§1, as amended by PL 1997, c. 373, §109, is further amended to read:

1. Issuance of licenses. The bureau may issue licenses under this section for the sale of malt liquor and table wine to be consumed off the premises for off-premises consumption to ship chandlers, as defined in section 2, subsection 15, paragraph S.

Sec. 207. 28-A MRSA §1204, sub-§3, as enacted by PL 1987, c. 342, §106, is amended to read:

3. Exception to off-premise off-premises retail licensee requirements. Notwithstanding section 1201, a licensed ship chandler is not required to have or maintain a stock of groceries, compatible merchandise or combination of both.

Sec. 208. 28-A MRSA §1205, sub-§1, as amended by PL 2019, c. 79, §2, is further amended to read:

1. Taste testing on off-premises retail licensee's premises. Subject to the conditions in subsections 2 and 2-A, the bureau may authorize an off-premises retail licensee stocking at least 100 different wine labels to conduct taste testing of wine on that licensee's premises. Any Except as provided in section 1206, an off-premises retail licensee may not allow any other consumption of liquor on an the off-premises retail licensee's premises is prohibited, except as permitted under section 460, 1207, 1208, 1402-A or 1504.

Sec. 209. 28-A MRSA §1205, sub-§2, ¶L, as amended by PL 2013, c. 368, Pt. V, §42, is further amended to read:

L. Prior to a taste-testing event, the retail licensee shall post prominently at the entrance to the store a sign that announces the date and time of the event; and

Sec. 210. 28-A MRSA §1205, sub-§2, ¶M, as amended by PL 2019, c. 79, §2, is further amended to read:

M. An off-premises retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the off-premises retail licensee's premises in place of or to coincide with a taste-testing event that is open to the public. A taste-testing event that is exclusively invitation only is not subject to the posting requirement in paragraph L . ; and

Sec. 211. 28-A MRSA §1205, sub-§2, ¶N is enacted to read:

N. Wine may be poured for the taste-testing event only by the owner or an employee of the off-premises retail licensee, by a sales representative licensed under section 1502 whose name is listed on the request to conduct the taste-testing event as required by subsection 2-A, paragraph D or, if the manufacturer of the wine being poured is licensed under section 1355-A, by the manufacturer or an employee of the manufacturer.

Sec. 212. 28-A MRSA §1206, as amended by PL 2011, c. 629, §20, is further amended to read:

§ 1206. Consumption prohibited on off-premises retail licensee's premises

A person may not consume liquor on the premises of an off-premise retail licensee licensed under this chapter except Except as provided in sections 460, 1205, 1207, 1208, 1402-A and 1504 , an off-premises retail licensee may not permit a person to consume liquor on the off-premises retail licensee's premises.

Sec. 213. 28-A MRSA §1207, sub-§1, as amended by PL 2019, c. 79, §3, is further amended to read:

1. Taste testing on off-premises retail licensee's premises. Subject to the conditions in subsections 2 and 2-A, the bureau may authorize an off-premises retail licensee stocking at least 100 different labels of malt liquor to conduct taste testing of malt liquor on that licensee's premises. Any Except as provided in section 1206, an off-premises retail licensee may not allow any other consumption of liquor on an the off-premises retail licensee's premises is prohibited, except as permitted under section 460, 1205, 1208, 1402-A or 1504.

Sec. 214. 28-A MRSA §1207, sub-§2, ¶N is enacted to read:

N. Malt liquor may be poured for the taste-testing event only by the owner or an employee of the off-premises retail licensee, by a sales representative licensed under section 1502 whose name is listed on the request to conduct the taste-testing event as required by subsection 2-A, paragraph D or, if the manufacturer of the malt liquor being poured is licensed under section 1355-A, by the manufacturer or an employee of the manufacturer.

Sec. 215. 28-A MRSA §1208, sub-§2, ¶C, as amended by PL 2019, c. 559, §2, is further amended to read:

C. Wine may be served only if a full meal is available for purchase and consumption on the premises. For the purposes of this paragraph, "full meal" means a diversified selection of food that cannot ordinarily be consumed without the use of tableware and cannot be conveniently consumed while standing or walking; and

Sec. 216. 28-A MRSA §1208, sub-§2, ¶D, as amended by PL 2019, c. 559, §3, is further amended to read:

D. Patrons A licensee under this section may not permit a patron of the establishment may not to consume any alcoholic beverage liquor on the premises unless it is served in accordance with this section by the licensee or an employee of the licensee other than wine served in accordance with the requirements of this section.

Sec. 217. 28-A MRSA §1209, sub-§6, as enacted by PL 2015, c. 366, §1, is amended to read:

6. Beverage container deposit. A container of privately held wine auctioned under this section must comply with the provisions of Title 32 38, chapter 28 33.

Sec. 218. 28-A MRSA §1351, as amended by PL 1997, c. 373, §112, is further amended to read:

§ 1351. Certificate of approval

1. Certificate of approval required. All in-state manufacturers, out-of-state manufacturers and out-of-state wholesalers must obtain a certificate of approval from the bureau.

Sec. 219. 28-A MRSA §1355-A, as amended by PL 2019, c. 360, §§1 to 3, c. 404, §§26 and 27 and c. 529, §§4 to 6, is further amended to read:

§ 1355-A. Manufacturer licenses

1. Issuance of licenses. The bureau may issue licenses under this section to breweries, small breweries, wineries, small wineries, distilleries and , small distilleries , bottlers and rectifiers in the State that operate under federal law and federal supervision.

1-A. Definition. For purposes of this section, "manufacturing facility" means the premises of a brewery, small brewery, winery, small winery, distillery or small distillery licensed under this section where liquor products are produced.

1-B. Bottlers and rectifiers. A bottler or rectifier licensed under this section may permit sampling of a liquor product bottled or rectified by that licensee on the premises where it is bottled or rectified:

A. By employees for the purpose of quality control of the product; and

B. By wholesalers for the purpose of determining whether to carry the product as a wholesale product if the licensee pays the excise tax on the product sampled according to section 1652.

2. Manufacturers other than bottlers and rectifiers. The following provisions apply to brewery, small brewery, winery, small winery, distillery and small distillery licensees.

A. A licensee governed by this subsection may permit sampling of the a liquor product produced by that licensee on the premises where the liquor product is produced:

(1) By employees for the purpose of quality control of the product; and

(2) By wholesalers for the purpose of determining whether to carry the product as a wholesale product if the holder of the license licensee pays the excise tax on the product sampled according to section 1652 ; and .

(3) By the public if the holder of the license pays the excise tax on the product sampled according to section 1652.

B. A licensee under this section governed by this subsection may serve to the public complimentary samples of liquor produced by the licensee at the licensed premises manufacturing facility where that liquor is produced by the licensee under the conditions specified in this paragraph.

(1) The licensee may sell samples to the public or offer samples to the public at no cost.

(2) The licensee shall pay the excise tax, if any, according to section 1652 on all samples served to the public under this paragraph. If a sample is sold by the licensee, it is also subject to the sales tax on liquor under Title 36, section 1811.

(3) The licensee shall maintain a record of all samples the licensee sells under this paragraph and shall maintain those records for a period of 2 years.

(4) The licensee may serve samples to the public under this paragraph only during the hours of legal sale set forth in section 4.

(5) The area of the licensed premises where the licensee serves samples to the public under this paragraph is not required to be separate from and may be accessed by the same entrance as the area licensed for on-premises consumption of liquor under chapter 43 in accordance with paragraph I.

(6) Spirits samples served to the public under this paragraph by a distillery must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits samples served to the public under this paragraph by a small distillery are subject to the requirements of subsection 5, paragraph H.

(7) The licensee may not serve samples to minors or visibly intoxicated persons.

C. A licensee under this section may sell to nonlicensees during regular business hours from the licensed premises where liquor is produced by the licensee liquor produced by the bottle, by the case or in bulk for consumption off the licensed premises. Spirits sold by distillers in accordance with this paragraph must be first sold to the State, subject to the listing, pricing and distribution provisions of this Title.

D. A licensee under this section governed by this subsection may sell for off-premises consumption liquor produced by the licensee from the licensed premises manufacturing facility where liquor is produced by the licensee liquor produced by the licensee for consumption off the licensed premises under the conditions specified in this paragraph.

(1) Sales made in accordance with this paragraph do not require a the licensee under this section to obtain an additional retail license under chapter 45.

(2) Liquor sold in accordance with this paragraph may not be consumed anywhere on the licensed premises.

(3) The area of the licensed premises where a the licensee opts to transact sales for off-premises consumption is not required to be separate from and may be accessed by the same entrance for as the area licensed for on-premises consumption of liquor under chapter 43 in accordance with paragraph I.

(4) Sales under this paragraph may be made only during the hours of legal sale as provided in section 4.

(5) Spirits sold by a distillery must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits sold by a small distillery are subject to the requirements of subsection 5, paragraph G.

(6) Except as provided in subsection 3, paragraphs C and C-1, sales may be made only by the bottle, by the case or in bulk.

E. A licensee may serve complimentary samples of liquor on Sunday after the hour of 5 a.m. and may sell liquor on Sunday after the hour of 5 a.m. if the municipality in which the licensed premises is located has authorized the sale of liquor on Sunday for consumption off the premises under chapter 5.

F. A licensee may charge for samples or shall otherwise comply with the conditions in paragraph E. Each sample poured is subject to a charge in an amount determined by the licensee and is subject to the sales tax on liquor under Title 36, section 1811. A licensee shall maintain a record of liquor samples subject to a charge and maintain those records for a period of 2 years.

G. A licensee that is a brewery or small brewery may sell on the premises during regular business hours and within the hours of legal sale to nonlicensees liquor produced at the licensed premises. The volume of the package may not exceed 15.5 gallons and must be consumed off the premises. The sale of packages described in this paragraph must comply with keg tagging requirements provided in section 714. Each licensee shall submit a monthly report to its wholesaler detailing sales made directly from the premises. The wholesaler shall calculate the fees for any bottle deposit and submit an invoice to the licensee for expenses associated with the requirements prescribed in Title 38, chapter 33 including the retailer handling fee, state container deposit and a mutually agreed-upon pick-up fee.

H. A small winery or small brewery licensee shall keep and maintain complete records on all sales to a retail licensee.

I. A licensee governed by this subsection may be issued one on-premises retail license under chapter 43 per licensed location, on the premises of the licensed location or at another location, for the sale of liquor to be consumed on the premises at the retail premises if the same person or persons hold a controlling interest in both the licensed manufacturing location and the licensed retail establishment manufacturing facility under the conditions specified in this paragraph.

(1-A) The on-premises retail license issued under chapter 43 may be for retail activities located at the manufacturing facility or for retail activities at another location if the same person or persons hold a majority ownership interest in both the manufacturing facility and the premises licensed under chapter 43.

(2) The retail license issued under chapter 43 authorizes the sale for on-premises consumption of products of produced at the brewery, small brewery, winery, small winery, distillery or small distillery, in addition to manufacturing facility as well as other liquor permitted to be sold under the applicable class of the retail license , to be consumed on the premises.

(2-A) Liquor sold under a chapter 43 retail license operated on the premises of a location licensed under this section issued under chapter 43 on the premises of the manufacturing facility may not be consumed on any part of the premises where patrons are not generally permitted.

(3) All records related to activities under a manufacturer the authority of the manufacturing facility's license issued under this section must be kept separate from records related to activities under the authority of the retail license issued under chapter 43. Income from the sale of liquor under paragraph B or D by a manufacturing facility that is located on the same premises as the retail license issued under chapter 43 is not included in calculating whether that retail licensee satisfies any applicable income from the sale of food requirement set forth in chapter 43.

(4) A distillery or small distillery must meet the requirements of subsection 5, paragraphs D and E Spirits sold under the authority of the retail license issued under chapter 43 to the holder of a distillery license must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits sold under the authority of the retail license issued under chapter 43 to the holder of a small distillery license are subject to the requirements of subsection 5, paragraph H.

(4-A) A person issued a retail license issued under chapter 43 for premises other than the licensed manufacturing facility may sell liquor for off-premises consumption under the conditions stated in paragraph D.

(5) The licensee shall ensure that products purchased for off-premises consumption under paragraph D are not consumed on the licensed premises of the manufacturing facility or the retail license issued under chapter 43, if that retail license authorizes retail activities at another location.

J. A licensee governed by this subsection may display up to 25 bottles of liquor produced by the licensee in a window of the a location under paragraph D where liquor is sold for consumption off the licensed premises. Locations licensed under subsection 4, paragraph B, subparagraph (2) or subsection 5, paragraph B, subparagraph (3) may also display up to 25 bottles of liquor produced by the licensee where the licensee is authorized by this section to sell its products for on-premises consumption or for off-premises consumption.

K. For the purposes of selling liquor for on-premises and off-premises consumption, a licensee who operates more than one facility licensed for the manufacture of liquor under this section may A licensee governed by this subsection may transport liquor produced at the licensed manufacturing facility in bulk or packaged in kegs, bottles or cans, including by the case, to:

(1) Transfer product produced by the licensee in bulk or packaged in kegs, bottles or cans, including by the case, at one facility licensed for the manufacture of liquor to another Another manufacturing facility at which the licensee is licensed to manufacture liquor or to any location where the licensee: licensed under this section if the same person or persons hold a majority ownership interest in both of the licensed manufacturing facilities; and

(a) Serves samples of the manufacturer's product in accordance with subsection 2, paragraphs E and F; and

(b) Is authorized under this section to sell the manufacturer's product to nonlicensees for off-premises consumption; and

(2) Transfer product produced by the licensee in bulk or packaged in kegs, bottles or cans, including by the case, from a facility at which the licensee is licensed to manufacture liquor to any An establishment licensed for on-premises consumption under chapter 43 retail sales operated by the licensee as authorized under paragraph I ; subsection 4, paragraph B, subparagraph 2; or subsection 5, paragraph B, subparagraph 3 as long as the same person or persons hold a majority ownership interest in both the licensed manufacturing facility and the licensed retail establishment.

If the same person or persons hold a majority ownership interest of greater than 50% in more than one facility licensed for the manufacture of liquor under this section, the person or persons are considered one licensee for the purpose of transferring liquor as authorized by this paragraph.

2-B. Grandfathering of certain licenses issued prior to January 1, 2018. The bureau may not suspend, revoke or refuse to renew a license issued under this section or chapter 43 or 45 that was initially issued prior to January 1, 2018 solely on the basis that:

A. The establishment licensed under chapter 43 or 45 was determined by the bureau after the license was issued to not be exclusively held or exclusively owned by a person licensed to manufacture liquor under this section; or

B. The licensee is in violation of section 707, subsection 2, 3 or 4, if the violation existed in the same manner at the time the license was initially issued or at the time the license was renewed.

The prohibition described in this subsection does not apply if the reason for suspension, revocation or refusal to renew is due to the licensee's substantial misrepresentation of or failure to disclose material facts required for the issuance or renewal of the license.

3. Breweries; small breweries. Except as otherwise provided in this section, the following provisions apply to breweries and small breweries.

A. A holder of a brewery license may produce more than 30,000 barrels of malt liquor per year. [PL 2019, c. 529, § 5 (AMD).]

B. A holder of a small brewery license may produce up to 30,000 barrels of malt liquor per year.

(1) Upon application by a holder of a small brewery license that has produced malt liquor in an amount that exceeds 30,000 barrels in one year, the bureau may renew that holder's small brewery license for only one additional year.

(2) A holder of a small brewery license may sell or deliver its products to licensed retailers or wholesalers. The licensee may sell, on the premises for consumption off the premises off-premises consumption, malt liquor produced at the licensed premises by the bottle, by the case or in bulk to licensed retailers, including, but not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding section 1361, the holder of a small brewery license may sell its products directly to a retail licensee under this paragraph without selling to a wholesale licensee. A small brewery licensee shall keep and maintain complete records on all sales to a retail licensee.

C. Notwithstanding any other provision of this Title to the contrary, a an on-premises retail license issued under chapter 43 pursuant to subsection 2, paragraph I to the holder of a brewery or small brewery licensed in accordance with this section may sell from the establishment at the site of the brewery licensed for the sale of alcoholic beverages to be consumed on the premises license authorizes the sale of malt liquor to be consumed off the premises in prefilled, refillable bottles for off-premises consumption under the conditions specified in this paragraph.

(1) Only malt liquor brewed at the brewery where the on-premises establishment is licensed or small brewery associated with the on-premises retail license issued under chapter 43 may be sold at the on-premises establishment under this paragraph.

(2) Malt liquor must be dispensed in bottles provided by and with labels unique to the brewery or small brewery of 32 to 64 ounces in volume.

(3) No more than 6 bottles may be prefilled at any one time.

(4) A deposit may be charged per bottle. Bottles sold under this paragraph are not subject to Title 38, chapter 33.

(5) The bottle in which the malt liquor is dispensed must be sealed by the licensee with a seal that is tamper-evident.

(6) Malt liquor dispensed in accordance with this paragraph must be consumed off the premises.

(7) All sales of malt liquor from the on-premises establishment for off-premises consumption under this paragraph must be accompanied by a sales receipt with a time stamp that indicates time of purchase.

(8) Sale of malt liquor from the on-premises establishment for off-premises consumption may not be made Malt liquor may not be sold pursuant to this paragraph after 10:00 p.m.

The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules in accordance with as defined in Title 5, chapter 375, subchapter 2-A.

C-1. A holder of a brewery or small brewery license may sell for off-premises consumption kegs of malt liquor produced by the licensee under the conditions specified in this paragraph.

(1) Only malt liquor brewed at the brewery or small brewery may be sold by the keg, which may not exceed 15.5 gallons in volume and which must comply with the tagging and labeling requirements set forth in section 714.

(2) Sales under this paragraph may be made only during the hours of legal sale as provided in section 4.

(3) The brewery or small brewery shall submit a monthly report to its wholesale licensee detailing sales made under this paragraph. The wholesale licensee shall calculate the fees for any bottle deposit and submit an invoice to the licensee for expenses associated with the requirements prescribed in Title 38, chapter 33 including the retailer handling fee, state container deposit and a mutually agreed-upon pickup fee.

D. Notwithstanding any provision of this Title to the contrary, a brewery or small brewery licensed in accordance with this section may sell malt liquor to be consumed off the premises under the conditions specified in this paragraph if the brewery or small brewery is participating in a taste-testing event under section 1052-D.

(1) The brewery or small brewery may sell only malt liquor produced in the State by that brewery or small brewery.

(2) A sale of malt liquor in accordance with this paragraph must be accompanied by a sales receipt.

E. A holder of a brewery or small brewery license may produce low-alcohol spirits products containing malt liquor produced by the brewery or small brewery and may import spirits solely for this purpose.

(1) If a small brewery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of malt liquor and low-alcohol spirits products produced at the small brewery may not exceed 30,000 barrels per year.

4. Wineries; small wineries. Except as otherwise provided in this section, the following provisions apply to wineries and small wineries.

A. A holder of a winery license may produce more than 50,000 gallons per year of wine that is not hard cider and may produce more than 3,000 barrels per year of wine that is hard cider.

B. A holder of a small winery license may produce up to 50,000 gallons per year of wine that is not hard cider and may produce up to 3,000 barrels per year of wine that is hard cider.

(1) A holder of a small winery license may sell or deliver its products to licensed retailers or wholesalers. The licensee may sell , on the premises for consumption off the premises, off-premises consumption any wine produced at the licensed premises by the bottle, by the case or in bulk to licensed retailers, including, but not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding section 1361, the licensee may sell its products directly to a retail licensee under this paragraph without selling to a wholesale licensee. A small winery licensee shall keep and maintain complete records on all sales to a retail licensee.

(2) A holder of a small winery license, upon application to and approval of the bureau and payment of the a $50 license fees fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations.

C. A holder of a winery or small winery license may fortify wine produced by the winery license holder and import spirits solely for this purpose.

(1) If a small winery license holder produces fortified wine pursuant to this paragraph, the combined total of wine, sparkling wine and fortified wine all wine, other than hard cider, produced at the small winery may not exceed 50,000 gallons per year.

D. Notwithstanding any provision of this Title to the contrary, a winery or small winery licensed in accordance with this section may sell wine to be consumed off the premises under the conditions specified in this paragraph if the winery or small winery is participating in a taste-testing event under section 1052-D.

(1) The winery or small winery may sell only wine produced in the State by that winery or small winery.

(2) A sale of wine in accordance with this paragraph must be accompanied by a sales receipt.

For purposes of this subsection, "fortified wine" means wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.

5. Distilleries; small distilleries. Except as otherwise provided in this section, the following provisions apply to distilleries and small distilleries.

A. A holder of a distillery license may distill, rectify, blend and bottle more than 50,000 gallons of spirits per year.

B. A holder of a small distillery license may distill, rectify, blend and bottle not more than 50,000 gallons of spirits per year.

(1) The small distillery off-premises license fee is $100.

(2) Upon application by a holder of a small distillery license whose distillery has produced spirits in an amount that exceeds 50,000 gallons in one year, the bureau may renew that holder's small distillery license for only one additional year.

(3) A holder of a small distillery license, upon application to and approval of the bureau and payment of the a $100 license fees fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations.

C. To be eligible for a distillery or small distillery license, a person must hold a basic permit for distilling, rectifying, blending and bottling spirits from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.

D. Spirits Except as otherwise provided in this section, spirits produced by a holder of a distillery or small distillery license must be sold to the State and are subject to the listing, pricing and distribution provisions of this Title.

E. A holder of a distillery or small distillery license may be issued one license under chapter 43 per distillery location for a connected establishment for the sale of liquor to be consumed on the premises at the distillery.

(1) For the purposes of this paragraph, "connected establishment" means a Class A restaurant or a Class A restaurant/lounge that is owned by the holder of the in-state manufacturer license.

(2) All records of the manufacturer license must be kept separate from the records of the retail licensee.

F. A distillery or small distillery may provide samples to the public of liquors produced by the distillery that have been sold to the State in accordance with paragraph D and repurchased by the distillery or small distillery.

G. Notwithstanding paragraph D, a holder of a small distillery license that sells its products directly to consumers for off-premises consumption under paragraph B, subparagraph (3) or subsection 2, paragraph C, D or E may pay the bureau the difference between the distillery's price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4-B. A small distillery is not required to transport spirits that will be sold for off-premises consumption as described in this paragraph to a warehouse operated by the bureau or by a wholesaler contracted by the bureau under section 90 wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for off-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau.

H. Notwithstanding paragraph D, a holder of a small distillery license that sells its products or offers complimentary samples of its products directly to consumers for on-premises consumption under paragraph E or subsection 2, paragraph B , E or F I may pay the bureau the difference between the distillery's price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4-B. A small distillery is not required to transport spirits that will be sold for on-premises consumption as described in this paragraph to a warehouse operated by the bureau or by a wholesaler contracted by the bureau under section 90 the wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for on-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau.

I. Notwithstanding any provision of this Title to the contrary, a distillery or small distillery licensed in accordance with this section may sell spirits to be consumed off the premises under the conditions specified in this paragraph if the distillery or small distillery is participating in a taste-testing event under section 1052-D.

(1) The distillery or small distillery may sell only spirits produced in the State by that distillery or small distillery.

(2) Spirits sold in accordance with this paragraph are subject to the listing, pricing and distribution provisions of this Title.

(3) A sale of spirits in accordance with this paragraph must be accompanied by a sales receipt.

J. A holder of a distillery or small distillery license may produce low-alcohol spirits products.

(1) If a small distillery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of spirits and low-alcohol spirits products produced at the small distillery may not exceed 50,000 gallons per year.

6. Tenant brewer brewery. Except as otherwise provided, the following provisions apply to a tenant brewer brewery license under which the holder of a tenant brewer brewery license may produce malt liquor at the manufacturing facility of another brewer brewery, referred to in this subsection as " the a host brewer brewery," licensed by the bureau under subsection 3.

A. To be eligible for a tenant brewer brewery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold a brewer's notice approved by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau , that authorizes a tenant brewer brewery to use the facilities and equipment of a host brewer brewery. If the tenant brewery meets the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small brewery. If the tenant brewery does not meet the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a brewery.

B. A tenant brewer brewery is subject to the same requirements regarding production of malt liquor and low-alcohol spirits products containing malt liquor as if the tenant brewer brewery conducted its manufacturing on its own premises independently.

C. A tenant brewer brewery is not eligible for privileges provided in subsection 2 except for sampling described by paragraph A, subparagraphs (1) and (2).

D. A tenant brewer brewery is governed by the provisions of subsection 3 except for the privileges granted under paragraph C.

E. A tenant brewer brewery may not brew or produce malt liquor or low-alcohol spirits products containing malt liquor for another brewer brewery or certificate of approval holder.

F. A tenant brewer brewery shall ensure that the tenant brewer brewery maintains control of the raw ingredients used to manufacture the tenant brewer's brewery's product.

G-1. Licenses issued under subsection 3 may allow for up to 9 tenant brewers breweries at a time at the manufacturing facility of a host brewer brewery.

H. The bureau may require a tenant brewer brewery to maintain a record or log indicating which equipment is being used at any time by the tenant brewer brewery in the production of malt liquor or low-alcohol spirits products containing malt liquor and which employees are working on production of the tenant brewer’s brewery's product.

I. The bureau shall require that reports from a tenant brewer brewery be submitted in a manner similar to the manner in which a brewer brewery licensed under subsection 3 submits reports. The bureau shall also require a tenant brewer brewery to submit copies of reports required of holders of an approved brewer's notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant brewer brewery to engage in an alternating proprietorship.

7. Tenant winery. Except as otherwise provided, the following provisions apply to a tenant winery license under which the holder of a tenant winery license may produce wine at the manufacturing facility of another winery, referred to in this subsection as " the a host winery," licensed by the bureau under subsection 4. This subsection applies to hard cider produced by a manufacturer licensed as a winery or small winery under subsection 4.

A. To be eligible for a tenant winery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold an approved application for an alternating proprietorship issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant winery to use the facilities and equipment of a host winery. If the tenant winery meets the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small winery. If the tenant winery does not meet the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a winery.

B. A tenant winery is subject to the same requirements regarding manufacture of its product as if the tenant winery conducted its manufacturing on its own premises independently.

C. A tenant winery is not eligible for privileges provided in subsection 2 except for sampling described by paragraph A, subparagraphs (1) and (2).

D. A tenant winery may not produce wine or hard cider for another winery or certificate of approval holder.

E. A tenant winery shall ensure that the tenant winery maintains control of the raw ingredients used to manufacture the tenant winery's product wine or hard cider.

F. A license issued under subsection 4 may allow for up to 9 tenant wineries at a time at the manufacturing facility of a host winery.

G. The bureau may require a tenant winery to maintain a record or log indicating which equipment is being used at any time by the tenant winery in the production of wine or hard cider and which employees are working on production of the tenant winery's product.

H. The bureau shall require that reports from a tenant winery be submitted in a manner similar to the manner in which a winery licensed under subsection 4 submits reports. The bureau shall also require a tenant winery to submit copies of reports required of holders of an approved application issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant winery to engage in an alternating proprietorship.

Sec. 220. 28-A MRSA §1361, as amended by PL 2019, c. 529, §7, is further amended to read:

§ 1361. Certificate of approval ; malt liquor or wine

1. Certificate of approval required. No An out-of-state manufacturer or foreign out-of-state wholesaler of malt liquor or wine may hold for sale, sell or offer for sale in intrastate commerce, or transport or cause to be transported into the State for resale, any malt liquor or wine not engage in the following activities unless the manufacturer or foreign wholesaler has obtained from the bureau a certificate of approval . from the bureau in accordance with this section:

A. Offer malt liquor or wine for sale in the State or sell malt liquor or wine in the State; or

B. Transport into or cause to be transported into the State malt liquor or wine for sale or resale in the State.

2. Fee for certificate of approval. The fee for a certificate of approval under this section is $1,000 per year for malt liquor only and $1,000 per year for wine only, except that the fee for a an out-of-state manufacturer or foreign out-of-state wholesaler of wine or malt liquor who that ships 120 gallons of wine or malt liquor or less per year is $100. Payment of the fee must accompany the application for the certificate of approval.

3. Conditions on certificate of approval. The A certificate of approval under this section is subject to the laws of the State and the rules of the bureau.

A. Any violation of the rules of the bureau is ground for suspension or revocation of the certificate at the discretion of the District Court Judge.

4. No sales of malt liquor or wine to person without wholesale license. No Except as otherwise authorized in sections 2073-C, 2073-D and 2073-E, a certificate of approval holder , except a licensed small brewery or small winery authorized under section 1355-A to sell its own products directly to retailers, may sell or cause to be transported into the State any may not sell malt liquor or wine to any a person to whom a Maine wholesale license has not been issued by the bureau. Malt liquor or wine must be delivered to the place of business of the wholesaler as shown in the wholesaler's license, must be unloaded and inventoried at the wholesaler's premises upon the wholesaler's receipt of the shipment and must come to rest before delivery is made to any retailer to enable the bureau to inspect and inventory wholesale warehouses for the purpose of verifying taxes that are required to be paid on malt liquor and wine purchased by importers that is not a wholesale licensee or cause malt liquor or wine to be transported into the State for sale to any person that is not a wholesale licensee.

Malt liquor or wine must be delivered to the place of business of the wholesale licensee as shown in the wholesale licensee's license, must be unloaded and inventoried at the wholesale licensee's premises upon the wholesale licensee's receipt of the shipment and must come to rest before delivery is made to any retailer to enable the bureau to inspect and inventory the wholesale licensee's warehouses for the purpose of verifying taxes that are required to be paid on imported malt liquor and wine.

This subsection does not apply to a licensed small brewery or small winery authorized under section 1355-A to sell its own products directly to retailers.

5. No exclusivity agreement. No A certificate of approval holder may not make it a condition in selling malt liquor or wine to any wholesale licensee that the wholesale licensee may not sell malt liquor or wine manufactured or sold by other manufacturers or foreign out-of-state wholesalers.

Sec. 221. 28-A MRSA §1362, as amended by PL 1997, c. 373, §117, is repealed.

Sec. 222. 28-A MRSA §1363, as amended by PL 1997, c. 373, §118, is further amended to read:

§ 1363. Manufacture of malt liquor or table wine; credit; furnishing materials and equipment

1. Certificate of approval holder not interested in wholesale license. No An officer, director or stockholder of a corporation which that is the holder of a manufacturer's certificate of approval may not be interested, either directly or indirectly, as a director, officer or stockholder in any other corporation which that holds a wholesale license.

2. Loans by certificate of approval holder. Except as provided in paragraphs A and B, no manufacturer or a certificate of approval holder may not, either directly or indirectly, loan any money, credit or their equivalent to any wholesale licensee for equipping, fitting out, maintaining or conducting, either in whole or in part, a business establishment where malt liquor or wine is sold.

A. A certificate of approval holder may extend the usual and customary commercial credit for malt liquor or table wine sold and delivered.

B. A manufacturer or holder of a certificate of approval holder may furnish a wholesale licensee materials and equipment for the use of the wholesale licensee or the wholesale licensee's employees, such as:

(1) Painting the wholesale licensee's vehicles;

(2) Supplying legal advertising signs used by the wholesale licensee in the course of the wholesale licensee's business; and

(3) Supplying uniforms for the employees of the wholesale licensee.

Sec. 223. 28-A MRSA §1364, sub-§3, ¶B, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

B. The Maine wholesale licensee, to whom shipment is to be made, has filed a bond to guarantee payment of the excise tax as provided in section 1405.

Sec. 224. 28-A MRSA §1364, sub-§4, as amended by PL 2011, c. 147, §1, is repealed.

Sec. 225. 28-A MRSA §1364, sub-§5 is enacted to read:

5. Limitation on definition of "certificate of approval holder." As used in this section, "certificate of approval holder" has the same meaning as in section 2, subsection 8, except that it does not include an in-state spirits manufacturer licensed under section 1355-A.

Sec. 226. 28-A MRSA §1365, as amended by PL 2013, c. 368, Pt. XXXX, §2 and affected by §13, is further amended to read:

§ 1365. Low-alcohol spirits product tax

In addition to any tax paid under section 1652, each certificate of approval holder that manufactures low-alcohol spirits products shall pay a tax of 30¢ on each gallon of low-alcohol spirits product sold to a wholesale licensee in the State. In addition to the forms filed pursuant to section 1364, on or before the 15th day of each calendar month, a certificate of approval holder that manufactures low-alcohol spirits products shall file with the bureau a monthly report on the number of gallons of low-alcohol spirits product sold to wholesale licensees in the State with a copy of each invoice relating to each such sale. The certificate of approval holder must enclose payment for the tax due under this section on the reported sales.

Sec. 227. 28-A MRSA §1371, as amended by PL 2013, c. 368, Pt. XXXX, §3 and affected by §13, is further amended to read:

§ 1371. Special warehouse storage facilities controlled by certificate of approval holder

1. Certificate of approval for Licensing of special warehouse storage facilities. Notwithstanding the importation restrictions of sections 2073 and 2077 section 1361, subsection 4 and sections 2073-A and 2073-C, the bureau may issue certificates of approval a license authorizing the direct importation of malt liquor, wine or spirits from suppliers by a manufacturer, wholesaler or spirits supplier located in a foreign countries country or other states another state into special warehouse storage facilities located within the State that are under the direct supervision and control of the certificate of approval holder licensee under this section or into a public warehouse with the approval of the bureau.

2. Fee. The fee for a certificate of approval license under this subsection section is $600 a year for malt liquor only, $600 a year for wine only and $600 a year for spirits only.

3. Stored liquor not subject to state liquor spirits tax or excise tax until withdrawn. Liquor stored in special warehouse storage facilities licensed under this section is not subject to the state liquor taxes spirits tax under section 1651 or to the excise tax under section 1652 until it is withdrawn from the special warehouse storage facilities.

A. Malt liquor and wine withdrawn from the special warehouse storage facilities by Maine wholesale licensees immediately become subject to the same tax as malt liquor and wine imported into the State from out-of-state certificate of approval holders. The wholesale licensee shall withdraw the malt liquor and wine to be distributed in the State by the procedure established in sections 1404 and 1405.

B. The bureau may withdraw spirits from special warehouse storage facilities.

C. Out-of-state purchasers authorized by the bureau may withdraw spirits, wine and malt liquor from special warehouse storage facilities. The authorization allows the out-of-state purchasers to directly transport the spirits, wine and malt liquor to the state border for delivery out-of-state outside of the State. Products withdrawn by authorized out-of-state purchasers for delivery outside of the State are not subject to the state spirits tax under section 1651 or the state excise tax or premium under section 1652.

Sec. 228. 28-A MRSA §1401, sub-§1, as amended by PL 2013, c. 476, Pt. A, §29, is further amended to read:

1. Issuance of licenses. The bureau may issue licenses under this section for the in-state sale and distribution of malt liquor , wine and fortified and wine at wholesale.

Sec. 229. 28-A MRSA §1401, sub-§9, as enacted by PL 2013, c. 476, Pt. A, §30, is amended to read:

9. Sales to licensees only. A licensee under this section may sell or distribute malt liquor , wine and fortified and wine only to persons licensed for the retail sale of malt liquor , wine or fortified and wine for on-premises or off-premises consumption on or off the licensed premises in accordance with this Title.

Sec. 230. 28-A MRSA §1401-A is enacted to read:

§ 1401-A. Limitation on definition of "certificate of approval holder"

As used in this chapter, unless the context otherwise indicates, "certificate of approval holder" has the same meaning as in section 2, subsection 8, except that it does not include an in-state spirits manufacturer licensed under section 1355-A.

Sec. 231. 28-A MRSA §1402, sub-§2, as amended by PL 1997, c. 373, §124, is further amended to read:

2. Taste testing on retail licensee's premises. With the bureau's written permission, a wholesale licensee may rent or lease an area or room from an on-premise on-premises retail licensee for the purpose of inviting retail licensees to taste test wine or malt liquor products.

Sec. 232. 28-A MRSA §1402, sub-§3, as amended by PL 2013, c. 368, Pt. XXXX, §4 and affected by §13, is further amended to read:

3. Conditions on taste-testing activity events. The following conditions apply to all taste testings taste-testing events under this section.

A. The wholesale licensee or a certificate of approval holder may provide the products for taste testing taste-testing events only if all taxes required by this Title have been paid.

B. Taste-testing activity events must be conducted only within the special designated area or room.

C. Taste-testing activity events must be open only to invited retail licensees or their authorized agents and not to their family members, guests or the general public.

D. After the taste-testing activity event is concluded, the wholesale licensee shall remove all products supplied for the taste-testing activity event from the retail licensee's premises.

E. Wine or malt liquor products may not be served to a person who is a minor or who is visibly intoxicated.

Sec. 233. 28-A MRSA §1402-A, sub-§3-A, as amended by PL 2011, c. 629, §26, is further amended to read:

3-A. Partial-bottle wine samples. Bottles of wine designated for partial-bottle sampling must be properly sealed between samplings. Partial-bottle wine samples may be provided only on the premises of a retailer licensed to sell wine for on-premises or off-premises consumption to licensees licensed for on-premises consumption and off-premises sales if the person receiving a sample is 21 years of age or older and is in the owner or a supervisory or managerial position employee of the retailer;

Sec. 234. 28-A MRSA §1402-A, sub-§4, as amended by PL 2017, c. 35, §1, is further amended to read:

4. Full-bottle samples. The maximum amount of unopened full-bottle samples given to a retail licensee may not exceed 18 gallons of malt liquor and 18 liters of wine annually. A full-bottle sample is an unopened bottle of wine or malt liquor given to a retail licensee, which may be consumed by a retail licensee on or off the premises; and

Sec. 235. 28-A MRSA §1402-A, sub-§4-A is enacted to read:

4-A. Prohibited recipients. Malt liquor or wine samples authorized under this section may not be provided to a person who is a minor or who is visibly intoxicated; and

Sec. 236. 28-A MRSA §1403, as amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:

§ 1403. Interstate purchase or transportation Purchase and sale of malt liquor or wine by wholesale licensee

1. No purchases other than from certificate of approval holder Purchase of malt liquor or wine by wholesale licensee. No A wholesale licensee may not purchase or malt liquor or wine from a person other than a certificate of approval holder or special warehouse storage facility licensed under section 1371. A wholesale licensee may not cause to be transported into the State any malt liquor or wine from any a person other than a person to whom the bureau has not issued a certificate of approval under section 1361.

1-A. Wholesale licensee may purchase from wholesale licensee. The bureau may give written permission to a wholesale licensee to purchase malt liquor or wine from another wholesale licensee.

2. Sale of malt liquor or wine not purchased from a certificate of approval holder prohibited by wholesale licensee. No A wholesale licensee may not sell to another wholesale licensee any malt liquor or wine which that has not been purchased from a brewery, winery or foreign wholesaler holding a certificate of approval holder or a special warehouse storage facility licensed under section 1371.

3. License revoked if it requires wholesale license to not sell other brands. The District Court Judge shall revoke the license of any a wholesale licensee, who that requires as a condition of selling malt liquor or wine to another wholesale licensee, that the purchasing wholesale licensee may not sell other brand names of malt liquor or wine.

4. Monthly report. By the 10th day of each calendar month, each wholesale licensee shall furnish to the bureau, in the form prescribed by the bureau, a monthly report of all malt liquor or wine purchased and sold during the preceding month.

Sec. 237. 28-A MRSA §1403-A, sub-§3, as enacted by PL 2009, c. 373, §1, is amended to read:

3. Direct shipper application. Before sending a shipment to a resident of this State, a direct shipper must file an application for a wine direct shipper license under subsection 2 with the bureau on a form issued by the bureau along with a true copy of its current alcoholic beverage winery license issued in this State or another state and a $100 registration fee.

Sec. 238. 28-A MRSA §1403-A, sub-§8, as enacted by PL 2009, c. 373, §1, is amended to read:

8. License renewal. A direct shipper may annually renew its wine direct shipper license with the bureau by paying a $50 renewal fee and providing the bureau with a true copy of its current alcoholic beverage winery license issued in this State or another state.

Sec. 239. 28-A MRSA §1403-A, sub-§9, as enacted by PL 2009, c. 373, §1, is amended to read:

9. Sales tax registration and payment required. As a condition of receiving a certificate of approval license, a shipper located outside the State shall comply with the provisions of Title 36, Part 3, including all requirements relating to registration as a seller and the collection, reporting and remittance of the sales and use taxes of the State, and shall agree to be subject to the jurisdiction of the State for purposes of the enforcement of those obligations. The requirements of this subsection apply notwithstanding any other provision of law of the State to the contrary.

Sec. 240. 28-A MRSA §1404, sub-§1, ¶D, as amended by PL 1997, c. 373, §128, is further amended to read:

D. The unbonded wholesale licensee may mail the original copy of the order to the brewery or winery or wholesaler certificate of approval holder with whom which the licensee wishes to place the order.

Sec. 241. 28-A MRSA §1404, sub-§1, ¶E, as amended by PL 1997, c. 373, §128, is further amended to read:

E. On receipt of the 3 copies and a check for excise taxes, the bureau shall promptly process the copies and return one copy to the wholesale licensee and send one to the brewery, winery or foreign wholesaler designated to receive certificate of approval holder with which the wholesale licensee wishes to place the order. The bureau shall keep the 3rd copy on file.

Sec. 242. 28-A MRSA §1404, sub-§1, ¶F, as amended by PL 1997, c. 373, §128, is further amended to read:

F. No brewery, winery or foreign wholesaler A certificate of approval holder may not ship or release malt liquor or wine for delivery in Maine the State until notified by the bureau that the excise tax has been paid in accordance with this section.

Sec. 243. 28-A MRSA §1405, sub-§1, ¶C, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

C. The bonded wholesale licensee shall submit the original copy to the brewery, winery or foreign out-of-state wholesaler with whom he which the bonded wholesale licensee wishes to place the order.

Sec. 244. 28-A MRSA §1405, sub-§3, as amended by PL 2013, c. 368, Pt. XXXX, §7 and affected by §13, is further amended to read:

3. Payment of excise tax. By filing the bond required in subsection 2, a wholesale licensee may pay monthly the excise tax imposed by section 1652 on all malt liquor or wine shipped into the State as shown by invoice of the shipment by the out-of-state wholesaler or holder of a certificate of approval holder issued under section 1361.

A. The wholesale licensee shall pay the excise tax by the 15th day of the calendar month following the month in which shipment occurs.

B. At the time of payment of the excise tax, each Maine wholesale licensee shall file with the bureau in the form prescribed by the bureau:

(1) A verified monthly report of all malt liquor or wine purchased or imported based on the date of shipment invoice during the preceding calendar month; and

(2) Any additional information the bureau requires to compute and ensure the accuracy of the excise tax payment accompanying the report.

Sec. 245. 28-A MRSA §1406, sub-§1, ¶B, as amended by PL 1997, c. 373, §132, is further amended to read:

B. Give written notice to the bureau and the wholesale licensee affected at least 90 days before any change in:

(1) Its wholesale licensees; or

(2) The territory of its wholesale licensee in the State licensees.

Sec. 246. 28-A MRSA §1407, sub-§1, as amended by PL 1987, c. 342, §112, is further amended to read:

1. Exclusive distributors. Except as provided in section 1454, the wholesale licensee appointed by the certificate of approval holder to be the exclusive distributor for specific brands of malt liquor and wine cannot be terminated as exclusive distributor of those specific brands upon the voluntary or involuntary termination or transfer of the same brands of malt liquor and wine by the certificate of approval holder who that registered the specific labels and established prices with the bureau. The certificate of approval holder acquiring these brands shall take the place of the certificate of approval holder who that appointed the distributors and shall comply with section 1406.

Sec. 247. 28-A MRSA §1408, sub-§4, as amended by PL 1997, c. 373, §133, is further amended to read:

4. Price changes. Except as provided in paragraph A, certificate of approval holders and manufacturer's shall give written notice of price changes to the bureau and their respective wholesale licensees at least 30 days before the effective date. Wholesale licensees shall give written notice of their price changes to the bureau at least 15 days before the effective date. All price changes are effective on the first day of the month.

A. The bureau may give written permission to certificate of approval holders , manufacturers or wholesale licensees to reduce the notice period for price changes in specific instances.

Sec. 248. 28-A MRSA §1451, sub-§1-A is enacted to read:

1-A. Certificate of approval holder. "Certificate of approval holder" has the same meaning as in section 2, subsection 8, except that it does not include an in-state spirits manufacturer licensed under section 1355-A.

Sec. 249. 28-A MRSA §1451, sub-§3, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

3. Primary source of supply. "Primary source of supply" means the distiller distillery, the bottler, the brewer brewery, the winery, the brand owner or the designated agent of any distiller distillery, brewer brewery, winery or brand owner.

Sec. 250. 28-A MRSA §1451, sub-§5, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

5. Wholesale licensee. Notwithstanding section 2, subsection 34, "wholesale licensee" means any a person holding a wholesale malt liquor or wine license within the State under section 1401, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder.

Sec. 251. 28-A MRSA §1452, sub-§1, ¶C, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

C. Require a wholesale licensee to assent to any condition, stipulation or provision limiting the wholesale licensee in his licensee's right to sell the product of any other certificate of approval holder anywhere in the State if the acquisition of the product of another certificate of approval holder does not materially impair the quality of service or quantity of sales of the existing brand or brands of the certificate of approval holder seeking to impose the condition, stipulation or provision.

Sec. 252. 28-A MRSA §1453, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

§ 1453. No dual Dual distributorship prohibited

1. Dual distributorship prohibited. No A certificate of approval holder who that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreement for its brand or label in the same territory.

2. Certificate of approval holder to file list. Each certificate of approval holder shall file with his its application for a certificate of approval or in-state manufacturer license a list giving the name and address of each bottler and wholesale licensee authorized to distribute products of that certificate of approval holder and designating the exclusive territory assigned to each wholesale licensee within the State. Unless authorized by the bureau, wholesale licensees may not sell those products to licensees outside of the exclusive territory allocated and designated.

A. Sales of wine to retail licensees at the wholesale licensee's warehouse shall must be considered a sale within the wholesale licensee's exclusive territory.

3. Primary source of supply. No A wholesale licensee may not purchase liquor from anyone other than the primary source of supply within the United States.

Sec. 253. 28-A MRSA §1454, sub-§1, ¶D, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

D. Failure by the wholesale licensee to substantially comply, without reasonable excuse or justification, with any reasonable and material requirement imposed upon him the wholesale licensee by the certificate of approval holder.

Sec. 254. 28-A MRSA §1455, sub-§1, as amended by PL 2019, c. 529, §8, is further amended to read:

1. Written notice notices. Before any termination procedure initiated by the certificate of approval holder, the certificate of approval holder shall give the wholesale licensee a written notice of any claimed deficiency existing in the wholesale licensee's territory and the certificate of approval holder shall give the wholesale licensee reasonable time or, if the certificate of approval holder is a small beer manufacturer or a small hard cider manufacturer, at least 30 days to correct the claimed deficiency or deficiencies. After this time has elapsed, the certificate of approval holder shall provide the wholesale licensee with a written notice of the certificate of approval holder's intent to amend, cancel, terminate, refuse to continue, refuse to renew or cause the wholesale licensee to resign from an agreement at least 90 days prior to the effective date of the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation. The written notice must state all of the reasons for the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation. The notice provisions of this section do not apply if the reason for the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation is:

A. The bankruptcy or insolvency of the wholesale licensee;

B. An assignment for the benefit of creditors or similar disposition of the assets of the wholesale licensee's business;

C. Revocation of the wholesale licensee's license; or

D. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the business that materially affects the wholesale licensee's ability to remain in business.

For purposes of this section, "small beer manufacturer" and "small hard cider manufacturer" have the same meanings as in section 1457, subsection 1-A.

Sec. 255. 28-A MRSA §1457, sub-§1-A, ¶D, as enacted by PL 2019, c. 529, §9, is amended to read:

D. "Small beer manufacturer" means a small brewery or out-of-state brewer brewery that brews, lagers and kegs, bottles or packages its own malt liquor, not to exceed 30,000 barrels per year.

Sec. 256. 28-A MRSA §1504, as amended by PL 2019, c. 404, §28, is further amended to read:

§ 1504. Samples of spirits products

A person licensed under section 1502 as a sales representative for a spirits manufacturer or spirits supplier may give a retail licensee samples of spirits under the following conditions . :

1. Invoice required. The spirits must be accompanied by an invoice . ;

2. Product registered. The spirits must be listed by the commission for sale in this State and clearly labeled as a sample . ;

3-A. Partial-bottle spirits samples. Samples must be decanted from the spirits product bottle and provided to licensees licensed for on-premises consumption. The sales representative providing the sample shall maintain a log stating the names of the licensees who sampled the product and the amount sampled. Partial-bottle samples must be properly sealed between tastings.

4. Sampling record ; prohibited recipients. The sales representative who provides the sample shall maintain a log stating the names of the agency liquor store or on-premises retail licensees who sampled the licensee to whom a full-bottle sample is given under subsection 5 or the person to whom a partial-bottle sample of spirits is given under subsection 6 and the amount sampled of that partial-bottle sample. The person to whom the sales representative gives spirits samples under this section may not be a minor or a visibly intoxicated person;

5. Full-bottle samples. The maximum amount of unopened full-bottle samples of spirits given to a retail licensee by a sales representative may not exceed 6 liters per year per distiller distillery represented by that sales representative. Individual samples may not exceed one liter. A full-bottle sample is an unopened bottle of spirits provided to an agency liquor store or an on-premises retail licensee licensed to sell spirits . ;

6. Retail sampling Partial-bottle samples. Bottles of spirits designated for partial-bottle sampling must be properly sealed between samplings. Samples poured from a bottle of spirits designated for retail partial-bottle sampling may be provided to an on-premises licensee licensed to serve spirits and to an agency liquor store on the premises of the agency liquor store if the person receiving the sample is 21 years of age or older and is in a supervisory or managerial position with the agency liquor store. Bottles of spirits designated for retail sampling must be properly sealed between samplings. only:

A. On the premises of a retailer licensed to sell spirits for on-premises consumption to the owner of or a supervisory or managerial employee of the retailer; or

B. On the premises of an agency liquor store to the owner of or a supervisory or managerial employee of the agency liquor store;

7. Records maintained. Records of samples given or received under this section must be maintained for a 2-year period by the sales representative and the retail licensee giving or receiving that gave or received the samples . ; and

8. Access to samples. A sales representative shall request samples from bailment inventory of a spirits supplier housed at the State's wholesale liquor spirits provider's warehouse for the purposes described under this section.

Sec. 257. 28-A MRSA §1551, sub-§3, ¶A, as enacted by PL 1987, c. 342, §114, is amended to read:

A. Distiller Distillery, includes bottling (one year)...............................$1,000;

Sec. 258. 28-A MRSA §1551, sub-§3, ¶H, as amended by PL 2011, c. 629, §35, is further amended to read:

H. Small distiller distillery, includes bottling (one year)...............................$100.

Sec. 259. 28-A MRSA §1553, sub-§3, ¶B, as enacted by PL 2019, c. 282, §1, is amended to read:

B. The sampling of liquor authorized under paragraph A must be conducted in accordance with the licensed educational institution's alcohol safety procedures or guidelines , and such liquor may not be served to a person who is a minor or who is visibly intoxicated.

Sec. 260. 28-A MRSA §1651, sub-§1, as amended by PL 2019, c. 404, §29, is further amended to read:

1. State spirits tax. Except as provided in section 83-C, subsection 2-A, the commission shall determine and set the retail price at which to sell all spirits to agency liquor stores that will all spirits are sold by agency liquor stores. The retail price established by the commission must produce sufficient revenue to pay all spirits-related expenses of the bureau and to return to the Liquor Operation Revenue Fund established in Title 30-A, section 6054 and the General Fund an amount substantially equal to the amount of state spirits tax collected in the previous fiscal year.

C. The bureau shall charge agency liquor stores the refund value pursuant to Title 38, section 3103 in addition to the wholesale price for each product purchased.

Sec. 261. 28-A MRSA §1652, sub-§2, as amended by PL 2013, c. 368, Pt. XXXX, §8 and affected by §13, is further amended to read:

2. Excise tax on wine; hard cider. An excise tax is imposed on the privilege of manufacturing and selling wine in the State. The Maine in-state manufacturer or importing wholesale licensee shall pay an excise tax of 60¢ per gallon on all wine other than sparkling wine , fortified wine or hard cider manufactured in or imported into the State , ; $1.24 per gallon on all sparkling wine manufactured in or imported into the State ; and 35¢ per gallon on all hard cider manufactured in or imported into the State.

Sec. 262. 28-A MRSA §1652, sub-§4, as amended by PL 2013, c. 368, Pt. XXXX, §8 and affected by §13, is further amended to read:

4. Excise tax accounts and adjustments. The bureau shall open an excise tax account with all manufacturers, each wholesale licensees licensee and each certificate of approval holders holder and make the following adjustments when appropriate. As used in this subsection, "certificate of approval holder" means an in-state manufacturer of malt liquor or wine licensed under section 1355-A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361.

A. The bureau may grant credits and make tax adjustments that it determines the wholesale licensee or certificate of approval holder is entitled to upon the filing of affidavits in the form prescribed by the bureau.

B. The bureau shall refund all excise tax paid by the wholesale licensee or certificate of approval holder on all malt liquor or wine caused to be destroyed by a supplier that has been destroyed as long as the quantity and size are verified by the bureau and the destruction is witnessed by an authorized representative of the bureau.

C. If a wholesale licensee's inventories are destroyed by fire, flood or other natural disaster, the bureau may refund the excise tax on the wholesale licensee's inventories.

D. Any wholesale licensee selling malt liquor or wine to an instrumentality, a licensee for resale to an airline, a training site or a ship chandler shall present proof of that sale to the bureau. The bureau shall grant to the wholesale licensee a credit of all state excise tax paid in connection with that sale under the following conditions.

(1) The bureau shall grant a credit for the excise tax on malt liquor or wine sold by wholesale licensees to any instrumentality of the United States or any Maine National Guard state training site exempted by the bureau.

(2) The bureau shall grant a credit for the excise tax on malt liquor or wine sold to any ship chandler as long as the malt liquor and wine are resold to vessels of foreign registry for consumption after that vessel has left port or are resold for consumption on board vessels of United States registry that are destined for a foreign port.

(3) The bureau shall grant a credit for the excise tax on malt liquor and table wine sold to a licensee registered with the bureau for resale to licensed airlines or to unlicensed airlines for their international flights.

Sec. 263. 28-A MRSA §2051, sub-§1, ¶D, as amended by PL 2003, c. 452, Pt. P, §4 and affected by Pt. X, §2, is further amended to read:

D. Present or offer to a licensee, the licensee's agent or employee any written or oral evidence of age that is false, fraudulent or not actually the minor's own, for the purpose of:

(1) Ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving of any liquor or imitation liquor. The following penalties apply to violations of this subparagraph.

(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.

(b) A minor who violates this subparagraph after having previously violated this section commits a civil violation for which a fine of not less than $300 and not more than $600 must be adjudged, none of which must be suspended except as provided in subsection 2, paragraph B.

(c) A minor who violates this subparagraph after having previously violated this section 2 or more times commits a civil violation for which a fine of $600 must be adjudged, none of which may be suspended except as provided in subsection 2, paragraph B; or

(2) Gaining access to a licensed premise premises when minors are not allowed. The following penalties apply to violations of this subparagraph.

(a) A minor who violates this subparagraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged.

Sec. 264. 28-A MRSA §2073, as amended by PL 2013, c. 476, Pt. A, §33, is further amended to read:

§ 2073. Importation and In-state transportation of liquor within the State for illegal sale

1. Illegal In-state transportation of liquor within the State for illegal sale prohibited. No A person may not knowingly transport within the State any liquor:

A. With intent to sell the liquor in the State in violation of law;

B. With intent that the liquor be illegally sold by any person; or

C. With intent to aid any person in illegal sale of liquor.

2. Penalties. A person who knowingly violates this section commits a Class E crime.

3. Legal importation into and transportation of liquor within the State. Liquor may be legally imported into and transported within the State in the following situations.

A. Upon application, the bureau may grant to an individual a permit to transport liquor purchased for that person's own personal use.

B. For-hire carriers and contract carriers, authorized by the Department of Public Safety, may transport liquor to liquor warehouses, to licensees, from manufacturers to liquor warehouses and to the state line for transportation outside the State.

C-1. Reselling agents may transport spirits to licensees who are licensed for the sale of spirits for on-premises consumption.

D. Manufacturers may transport liquor within the State to liquor warehouses, to persons authorized under paragraph E and to the state line for transportation outside the State.

E. The bureau may permit in writing the importation of liquor into the State and the transportation of liquor from place to place within the State to the following destinations for the specified purposes:

(1) To hospitals and state institutions, for medicinal purposes only, liquor made available to them from stocks of liquor seized by the Federal Government;

(2) To industrial establishments in the State for industrial uses;

(3) To schools, colleges and state institutions for laboratory use only;

(4) To any licensed pharmacist in the State for use in the compounding of prescriptions and other medicinal use, but not for sale by pharmacists unless compounded with or mixed with other substances; or

(5) To any physician, surgeon, osteopath, chiropractor, optometrist, dentist or veterinarian for medicinal use only.

F. The bureau may authorize hospitals and state institutions to purchase spirits, for medicinal purposes only, from agency liquor stores. This authorization must be in writing.

Sec. 265. 28-A MRSA §2073-A is enacted to read:

§ 2073-A. Importation of spirits

1. Prohibition. Except as provided in subsection 2 and section 2073-E, a person other than the bureau may not transport spirits into the State or cause spirits to be transported into the State.

2. Exceptions. Notwithstanding subsection 1, a person may transport spirits into the State or cause spirits to be transported into the State in the following circumstances.

A. An individual may transport into the State up to 4 liters of spirits for the individual's personal use.

B. Upon application, the bureau may grant a permit to an individual authorizing the individual to transport into and within the State more than 4 liters of spirits for the individual's personal use.

C. An out-of-state spirits supplier may transport spirits into the State or may cause spirits to be transported into the State by a common carrier or contract carrier authorized by the Department of Public Safety. Each shipment of spirits transported into the State in accordance with this paragraph must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits, who must be authorized to receive spirits imports under section 2073-B, subsection 2, paragraph B.

3. Penalties. The following penalties apply to violations of this section.

A. A person that transports into the State or that causes to be transported into the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.

B. A person that transports into the State or that causes to be transported into the State a quantity of 40 or more liters of spirits in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

4. Evidence. The possession of more than 8 liters of spirits in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.

5. Forfeiture. Notwithstanding section 2221-A, a court shall order spirits transported or caused to be transported into the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:

A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or

B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.

Sec. 266. 28-A MRSA §2073-B is enacted to read:

§ 2073-B. In-state transportation of spirits

1. Prohibition. Except as provided in subsection 2, section 1201-A or section 2073-E, a person may not transport more than 4 liters of spirits within the State unless the spirits were legally purchased from:

A. An agency liquor store; or

B. An in-state manufacturer authorized under section 1355-A to sell spirits for off-premises consumption.

2. Exceptions. Notwithstanding subsection 1, a person may transport spirits within the State in the following circumstances.

A. An individual may transport spirits within the State in accordance with a permit issued under 2073-A, subsection 2, paragraph B.

B. A person may transport spirits the person transported into the State pursuant to section 2073-A, subsection 2, paragraph C to:

(1) A warehouse designated by the commission under section 81; or

(2) A winery, brewery, bottler or rectifier licensed under section 1355-A.

C. A licensed in-state manufacturer of spirits may transport spirits produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport spirits produced by the manufacturer to:

(1) A warehouse designated by the commission under section 81;

(2) A winery, brewery, bottler or rectifier licensed under section 1355-A;

(3) Any location to which the licensed in-state manufacturer of spirits is authorized to transport its own products under section 1355-A; or

(4) The state line for transportation outside the State.

D. The wholesale spirits provider may transport spirits between warehouses designated by the commission under section 81 or to agency liquor stores as provided in section 503.

E. A reselling agent may transport spirits to on-premises retail licensees as provided in section 459.

Each shipment of spirits transported within the State in accordance with paragraph B, C, D or E must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits.

3. Penalties. The following penalties apply to violations of this section.

A. A person that transports within the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.

B. A person that transports within the State a quantity of 40 or more liters of spirits in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

5. Forfeiture. Notwithstanding section 2221-A, a court shall order spirits transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:

A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or

B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.

Sec. 267. 28-A MRSA §2073-C is enacted to read:

§ 2073-C. Importation of malt liquor or wine

1. Prohibition. Except as provided in subsection 2, section 1403-A or section 2073-E, a person may not transport malt liquor or wine into the State or cause malt liquor or wine to be transported into the State.

2. Exceptions. Notwithstanding subsection 1, a person may transport malt liquor or wine into the State or cause malt liquor or wine to be transported into the State in the following circumstances.

A. An individual may transport into the State up to 400 fluid ounces of malt liquor and up to 4 liters of wine for the individual's personal use.

B. Upon application, the bureau may grant a permit to an individual authorizing the individual to transport into and within the State more than 400 fluid ounces of malt liquor or more than 4 liters of wine for the individual's personal use.

C. A licensed in-state small brewery, a licensed in-state small winery and a wholesale licensee may transport malt liquor or wine into the State or may cause malt liquor or wine to be transported into the State by an out-of-state manufacturer of malt liquor or wine that has been issued a certificate of approval, an out-of-state wholesaler that has been issued a certificate of approval or a common carrier or contract carrier authorized by the Department of Public Safety. Each shipment of malt liquor or wine transported into the State in accordance with this paragraph must be accompanied by an invoice that includes the purchase number and the names of the sender and the licensed in-state small brewery, licensed in-state small winery or wholesale licensee that is the intended recipient of the malt liquor or wine.

3. Penalties. The following penalties apply to violations of this section.

A. A person that transports into the State or that causes to be transported into the State a quantity of less than 1,300 fluid ounces of malt liquor or less than 40 liters of wine in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.

B. A person that transports into the State or that causes to be transported into the State a quantity of 1,300 or more fluid ounces of malt liquor or 40 or more liters of wine in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

4. Evidence. The possession of more than 800 fluid ounces of malt liquor or more than 8 liters of wine in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.

5. Forfeiture. Notwithstanding section 2221-A, a court shall order malt liquor or wine transported or caused to be transported into the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:

A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or

B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.

Sec. 268. 28-A MRSA §2073-D is enacted to read:

§ 2073-D. In-state transportation of malt liquor or wine

1. Prohibition. Except as provided in subsection 2 and section 2703-E, a person may not transport within the State more than 400 fluid ounces of malt liquor or more than 4 liters of wine unless the malt liquor or wine was legally purchased from:

A. An off-premises retail licensee;

B. An in-state manufacturer authorized under section 1355-A to sell malt liquor or wine for off-premises consumption; or

C. A direct shipper licensed under section 1403-A.

2. Exceptions. Notwithstanding subsection 1, a person may transport malt liquor or wine within the State in the following circumstances.

A. An individual may transport within the State malt liquor or wine in accordance with a permit issued under section 2073-C, subsection 2, paragraph B.

B. A person may transport malt liquor or wine the person transported into the State pursuant to section 2073-C, subsection 2, paragraph C.

C. A licensed in-state manufacturer of malt liquor or wine may transport malt liquor or wine produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport malt liquor or wine produced by the manufacturer to:

(1) A bottler or rectifier licensed under section 1355-A;

(2) A wholesale licensee;

(3) Any location to which the licensed in-state manufacturer is authorized to transport its own products under section 1355-A;

(4) A warehouse operated by the licensed in-state manufacturer; or

(5) The state line for transportation outside the State.

D. A wholesale licensee may transport malt liquor or wine to an on-premises or off-premises retailer of malt liquor or wine in accordance with sections 713 and 1401.

Each shipment of malt liquor or wine transported within the State in accordance with paragraph B, C or D must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the malt liquor or wine.

3. Penalties. The following penalties apply to violations of this section.

A. A person that transports within the State less than 1,300 fluid ounces of malt liquor or less than 40 liters of wine in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.

B. A person that transports within the State 1,300 or more fluid ounces of malt liquor or 40 or more liters of wine in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

4. Evidence. The possession of more than 800 fluid ounces of malt liquor or 8 liters of wine in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.

5. Forfeiture. Notwithstanding section 2221-A, a court shall order malt liquor or wine transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:

A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or

B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.

Sec. 269. 28-A MRSA §2073-E is enacted to read:

§ 2073-E. Importation and in-state transportation of liquor for special purposes

1. Bureau may authorize importation and in-state transportation of liquor for special purposes. Notwithstanding any provision of law to the contrary, the bureau may grant a permit authorizing the transportation of liquor into and within the State to the following persons for the following specified purposes:

A. To a hospital or state institution located in the State, for medicinal purposes only;

B. To a licensed physician, surgeon, osteopath, chiropractor, optometrist, dentist or veterinarian located in the State, for medicinal purposes only;

C. To a licensed pharmacist located in the State, for use in the compounding of prescriptions and other medicinal use but not for sale by the pharmacist unless compounded with or mixed with other substances;

D. To an industrial establishment located in the State, only for an industrial use, for use as an ingredient in the manufacture of food products, for use as an ingredient in the manufacture of commodities that by reason of their nature cannot be used for beverage purposes or for use in the manufacture of commodities unfit for beverage purposes;

E. To a school, college or state institution located in the State, for laboratory use only;

F. To a licensed in-state spirits manufacturer, for use as an ingredient in distilling or manufacturing spirits and other spirituous liquor products that are authorized by 27 Code of Federal Regulations. A permit issued under this paragraph authorizes only the transportation of spirits into and within the State and may not authorize the transportation of malt liquor or wine into and within the State; and

G. To a church or the pastor of a church located in the State, for sacramental purposes or similar religious rites only.

2. Invoice required. Each shipment of liquor transported into the State in accordance with this section must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the liquor.

Sec. 270. 28-A MRSA §2074, sub-§1, as amended by PL 2019, c. 281, §11, is further amended to read:

1. Transportation on-premises or off-premises. Except as provided in section 1051 , section 1075-A, subsection 3 or section 1080, any a person who that transports liquor onto or off of the premises of an on-premise on-premises retail licensee is guilty of a Class E crime.

Sec. 271. 28-A MRSA §2074-A, first ¶, as enacted by PL 2011, c. 693, §4, is amended to read:

A person licensed for the sale of spirits for on-premises consumption on the licensed premises who that violates section 606, subsection 1-A or violates state rules or federal regulations governing the storage, purchase and sale of spirits, including but not limited to the prohibition against reusing or refilling liquor spirits bottles , and the disposition of empty liquor spirits bottles, is subject to suspension or revocation of the license under chapter 33 as follows.

Sec. 272. 28-A MRSA §2075, as amended by PL 2015, c. 166, §7, is repealed.

Sec. 273. 28-A MRSA §2076, as amended by PL 2013, c. 476, Pt. A, §34, is further amended to read:

§ 2076. Illegal delivery of liquor spirits

1. Delivery of liquor Illegal delivery of spirits prohibited. Except with the bureau's written permission or except as provided in section 2073, subsection 3, paragraph C-1 503, subsection 1 for the wholesale spirits provider or in section 459 for reselling agents, a person may not knowingly transport to or cause to be delivered to any person other than the bureau any spirits not purchased from an agency liquor store.

2. Penalties. Any A person who that violates this section commits a Class E crime.

Sec. 274. 28-A MRSA §2077, as amended by PL 2015, c. 166, §8, is repealed.

Sec. 275. 28-A MRSA §2077-B, sub-§2, as amended by PL 2003, c. 452, Pt. P, §8 and affected by Pt. X, §2, is further amended to read:

2. Penalty. A person who violates this section is subject to penalties listed in section 2075 2073-A, subsection 1-A 3 and section 2073-C, subsection 3.

Sec. 276. 28-A MRSA §2202, as amended by PL 1997, c. 373, §160, is further amended to read:

§ 2202. Bail after failure to comply with terms of bond

In any prosecution for violation of the laws relating to manufacture or sale of liquor, a defendant who has failed to comply with the term of any bond entered into by the defendant in that case may not again be admitted to bail in that case or upon arrest on any warrant issued in that case, except by a judge or justice of the court in which that prosecution is pending.

Sec. 277. 28-A MRSA §2203, as repealed and replaced by PL 1987, c. 342, §125, is further amended by amending the section headnote to read:

§ 2203. Evidence of illegal sale ; allegation of prior conviction

1. Evidence of illegal sale. Whenever an illegal sale is alleged and a delivery proved, the delivery is sufficient evidence of sale and it is not necessary to prove a payment.

2. Former conviction. In actions, complaints, indictments or other proceedings for a violation of this Title, other than for a first offense, it is not necessary to set forth particularly the record of a former conviction, but it is sufficient to allege briefly that the person has been convicted of a violation of a particular provision.

3. Prosecution of bond when municipality interested.

4. Enforcement by municipality.

5. Former conviction.

6. Amendment of allegation and process.

Sec. 278. 28-A MRSA §2229, sub-§2, as amended by PL 2013, c. 476, Pt. B, §5 and affected by §6, is repealed and the following enacted in its place:

2. Sale or destruction of forfeited spirits by bureau. The bureau or the wholesale spirits provider may restock and resell forfeited spirits at agency liquor stores throughout the State or may destroy forfeited spirits by pouring the spirits upon the ground or into a public sewer.

Sec. 279. 28-A MRSA §2504, sub-§2, ¶A, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

A. The intoxicated individual if he the intoxicated individual is at least 18 years of age when served by the server;

Sec. 280. 28-A MRSA §2509, sub-§2, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

2. Multiple claimants. When the amount for all losses, except expenses for medical care and treatment, including devices and aids, awarded to or settled for multiple claimants, exceeds the limit imposed by this section, any party may apply to the Superior Court for the county where the server is located to allocate each claimant his an equitable share of the total, limited as required by this section.

A. Any award by the court in excess of the maximum liability limit specified by subsection 1 shall must be automatically abated by operation of this section to the maximum limit of liability.

Sec. 281. 28-A MRSA §2516, sub-§1, ¶C, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

C. Is refused service in a good faith effort to prevent him the individual from becoming visibly intoxicated.

Sec. 282. 28-A MRSA §2516, sub-§2, ¶B, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

B. The licensee informs the individual why he the licensee is retaining the identification documents.

Sec. 283. 36 MRSA §1811, sub-§1, ¶D, as enacted by PL 2019, c. 401, Pt. B, §16, is amended to read:

D. For sales occurring on or after October 1, 2019, the rate of tax is 5.5% on the value of all tangible personal property and taxable services, except the rate of tax is:

(1) Eight percent on the value of prepared food;

(2) Eight percent on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, in accordance with Title 28-A, chapter 43 and liquor sold for on-premises consumption by a licensed brewery, small brewery, winery, small winery, distillery or small distillery pursuant to Title 28-A, section 1355-A, subsection 2, paragraph F B;

(3) Nine percent on the value of rental of living quarters in any hotel, rooming house or tourist or trailer camp;

(4) Ten percent on the value of rental for a period of less than one year of an automobile, of a pickup truck or van with a gross vehicle weight of less than 26,000 pounds rented from a person primarily engaged in the business of renting automobiles or of a loaner vehicle that is provided other than to a motor vehicle dealer's service customers pursuant to a manufacturer's or dealer's warranty; and

(5) Ten percent on the value of adult use marijuana, adult use marijuana products and, if sold by a person to an individual who is not a qualifying patient, marijuana and marijuana products beginning on the first day of the calendar month in which adult use marijuana and adult use marijuana products may be sold in the State by a marijuana establishment licensed to conduct retail sales pursuant to Title 28-B, chapter 1.

SUMMARY

This bill is reported out by the Joint Standing Committee on Veterans and Legal Affairs pursuant to Resolve 2019, chapter 15, section 3. The committee has not taken a position on the substance of the bill and by reporting this bill out the committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill. The committee is reporting the bill out for the sole purpose of obtaining a printed bill that can be referred to the committee for a public hearing and subsequent committee action in the normal course. The committee is taking this action to ensure clarity and transparency in the legislative review of the proposal.

The bill changes the headnote of the Maine Revised Statutes, Title 17, section 2003-A to clarify that this section of law prohibits public drinking.

The bill also makes a number of changes to Title 28-A, the State's liquor laws, to standardize the language used in those laws, to correct errors, conflicts, ambiguities, omissions and inconsistencies in those laws and to revise those laws, including by making the following changes.

1. It makes a number of changes to address ambiguities, inconsistencies and conflicts in the laws governing certificates of approval, including the following.

A. It restructures the definition of "certificate of approval holder," a term that includes persons with certificates of approval as well as persons with in-state manufacturing licenses, to add clarity and ensures the defined term is used correctly throughout the Title.

B. It resolves a conflict in the law by removing in-state manufacturers, that receive licenses, from a provision requiring persons engaged in certain activities to obtain certificates of approval.

C. It changes from a certificate of approval to a license the type of authority that a person that operates a special warehouse storage facility must obtain because the laws specific to certificate of approval holders generally do not apply to special warehouse storage facilities. It further clarifies which laws are applicable to licensed special warehouse storage facilities.

D. It removes ambiguities by clarifying which of the general qualification and application requirements for liquor licenses apply to applicants for a certificate of approval and by specifying that persons that have been issued certificates of approval are subject to administrative discipline for violating liquor laws and rules under Title 28-A, chapter 33 to the same extent as persons that have been issued licenses.

E. It removes a conflict in the law by repealing a provision requiring the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations to deposit the yearly fees paid by certificate of approval holders into the General Fund because, under Title 28-A, section 83-B, the bureau is directed to deposit its net revenues in the General Fund.

2. It removes ambiguous language from the Title 28-A definitions section stating that only "responsible persons" or "persons of good reputation" may obtain certain types of liquor licenses but retains the general character requirements for licensure set forth in section 654.

3. It moves the definitions of "pool hall" and "minibar" into and the definitions of "club member," "hotel guest," "dining car," "passenger car" and "vessel" out of the subsection of law that provides definitions for the types of establishments eligible to obtain retail liquor licenses. It also ensures consistent use of these defined terms throughout the Title.

4. It replaces the word "club" with the word "center" in the statutes describing the requirements for licensure of indoor racquet centers, ice skating centers and curling centers to dispel confusion regarding whether the licensure requirements applicable to clubs apply to these centers. It also corrects several errors in the law that, in combination, suggest curling centers may be licensed to sell only wine and not spirits or malt liquor.

5. It makes a number of changes to the laws requiring that certain on-premises retail licensees either offer food to the public or sell a specific amount of food to the public to maintain their eligibility for a liquor license, including:

A. Replacing several duplicative definitions of "full course meal" with the substantively identical definition of "full meal" that also appears in current law and ensuring consistent use of this defined term throughout the Title;

B. Removing language regarding the service of meals from the definition of "hotel," because hotels are not required to sell meals to the public under existing law;

C. Removing a conflict in current law by specifying that a hotel with a Class I-A license is not required to have 10% of its gross annual income from the sale of food;

D. Clarifying that, to calculate whether a hotel that does not have a Class I-A license has satisfied the requirement that at least 10% of its gross annual income be from the sale of food, the hotel's income from the rental of rooms or from the sale of liquor in separately licensed minibars is not included. This new provision matches current practice and mirrors an existing provision of law that excludes income from the bowling business in calculating whether the bowling center has satisfied the requirement that at least 10% of its gross annual income be from the sale of food;

E. Clarifying that qualified catering services may be located in unincorporated places and filling an omission in current law by specifying that a licensed part-time qualified catering service that operates for no more than 3 months in a year in a municipality having a population of 20,001 to 30,000 persons must have a minimum annual gross income of $10,000 from the sale of food to the public;

F. Standardizing language regarding the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations' assessment of whether an applicant for an initial on-premises retail license is likely to meet or an applicant for renewal of an on-premises retail license has met any applicable food-sales requirements; and

G. Establishing a new one-year grace period for an on-premises retail establishment that applies for license renewal but did not meet an applicable food-sales requirement during the previous year.

6. It defines "spirits supplier," a previously undefined term, and standardizes the statutory language used to describe spirits suppliers throughout the State's liquor laws, including by removing references to spirits brokers that are now included in the "spirits supplier" definition. It also newly authorizes spirits suppliers to offer sweepstakes, games and contests inside packages of spirits under the same conditions that licensed Maine manufacturers, wholesale licensees and retail licensees may offer sweepstakes, games and contests inside packages of liquor.

7. It replaces the term "liquor," which is defined for purposes of the State's liquor laws to mean malt liquor, wine and spirits, with more specific terms in several statutes when all 3 types of alcohol are not intended to be included.

8. It removes unnecessary statutory references to fortified wine in statutes that govern wine generally, because "wine" is defined for purposes of the State's liquor laws to include fortified wine.

9. It resolves an inconsistency by providing that public service corporation licenses are issued to airline corporations, railroad corporations and vessel corporations and not the individual aircraft, dining cars, passenger cars and vessels that those corporations operate in the State. It also removes a duplicative statute governing public service corporations and standardizes the language used throughout the Title regarding public service corporations.

10. It clarifies an ambiguity in the law by specifying that the term "wholesale licensee" as used in the State's liquor laws means only a licensed in-state wholesaler of malt liquor or wine and not an out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval. It also extends the prohibition against a wholesale licensee selling to another wholesale licensee any malt liquor or wine that has not been purchased from a certificate of approval holder or a licensed special warehouse storage facility to a prohibition against a wholesale licensee selling such products to any purchaser, including a retail licensee.

11. It replaces the phrase "wholesale liquor provider" with the phrase "wholesale spirits provider" throughout the State's liquor laws to more accurately describe the scope of that entity's authority in the State. It also removes an inconsistency in the law by specifying that the wholesale spirits provider and the principal officers of the wholesale spirits provider may not hold or have a direct financial interest in an agency liquor store license or a license to manufacture any type of liquor in this State or another state.

12. It makes several changes to the laws governing hard cider to address ambiguities and omissions in those laws in a manner that matches current practice, including by making the following changes.

A. Although hard cider technically meets the definition of "wine" under existing law, it adds clarifying language expressly stating that hard cider is considered "wine" for purposes of the Title.

B. It clarifies that hard cider may be sold by retailers licensed to sell either malt liquor or wine for on-premises or off-premises consumption.

C. It provides that hard cider may be sold and distributed within the State by wholesale licensees authorized to sell and distribute either malt liquor or wine within the State.

D. It clarifies that hard cider is not subject to the general 60¢ per gallon excise tax on wine set forth in Title 28-A, section 1652, subsection 2. Hard cider products are instead subject only to the 35¢ per gallon excise tax on hard cider set forth in the same subsection.

13. It makes several changes to the laws governing low-alcohol spirits products to address ambiguities, inconsistencies and omissions in those laws, including by making the following changes.

A. It clarifies that products containing less than 1/2 of 1% of alcohol by volume are not considered low-alcohol spirits products, just as all products containing less than 1/2 of 1% of alcohol by volume are not considered liquor and thus not subject to regulation under the Title.

B. It newly specifies that licensed Maine distilleries, small distilleries and rectifiers are authorized to produce low-alcohol spirits products and that licensed Maine breweries, small breweries and tenant breweries are authorized to produce low-alcohol spirits products containing malt liquor. Current law already authorizes licensed Maine wineries and tenant wineries to produce low-alcohol spirits products that contain wine, because these products are included in the definition of "fortified wine."

C. It specifies that, as is current practice, low-alcohol spirits products may be sold and distributed within the State by wholesale licensees authorized to sell and distribute wine within the State.

D. It clarifies that, as is current practice, low-alcohol spirits products that qualify as fortified wine are not subject to the general 60¢ per gallon excise tax on wine under Title 28-A, section 1652, subsection 2. All low-alcohol spirits products are instead subject to a $1.24 per gallon excise tax under section 1652, subsection 1-A and a 30¢ per gallon low-alcohol spirits product tax under section 1365.

14. It replaces the phrase "alcoholic beverages," which is not defined for the purposes of the State's liquor laws, with the appropriate defined terms throughout the liquor laws.

15. It combines in a single section of statute the licensing fees for agency liquor stores that are currently listed in separate provisions. It also removes an ambiguity in the law by clarifying that, as is the current practice, agency liquor store licenses grant authority to sell not only spirits but also malt liquor and wine for off-premises consumption.

16. It clarifies that an applicant for a liquor license must possess all licenses, permits or approvals required under Title 22 for the applicant's underlying business before applying for the liquor license.

17. It removes inconsistencies in several provisions of the liquor laws regarding the types of establishments eligible to obtain auxiliary licenses, off-premises catering licenses and mobile service bar licenses. It also specifies that, as is current practice, when an on-premises retail licensee obtains an off-premises catering license, that license authorizes the licensee to conduct off-premises catering of only the same type or types of liquor that the licensee may sell pursuant to the licensee's underlying on-premises retail license.

18. It makes a number of changes to the laws governing liquor taste-testing events and product sampling activities to address ambiguities, inconsistencies and omissions in those laws, including the following.

A. It clarifies that the prohibitions against serving liquor to minors or to visibly intoxicated persons apply to all authorized liquor taste-testing and product sampling events.

B. It newly specifies who, other than a licensed sales representative, may pour samples at taste-testing and product sampling events. Under the bill, samples may also be poured by an employee of the off-premises or on-premises retailer where the taste-testing or product sampling event takes place or, where applicable, by the owner or employee of the licensed Maine manufacturer that produced the product being tasted or sampled.

C. It clarifies an ambiguity by specifying that, other than during an authorized taste-testing or product sampling event, an off-premises retail licensee has a duty to prevent the consumption of liquor on that retail licensee's premises.

D. It resolves a conflict in current law by providing that, when an authorized taste-testing event is held on a portion of the premises of an on-premises retail licensee, the bureau must temporarily suspend the authority of the on-premises retail licensee to sell liquor for on-premises consumption in the area designated for the taste-testing event. The on-premises retail licensee may nevertheless continue to sell liquor for on-premises consumption on the portion of its premises that falls outside the area designated for the taste-testing event.

E. It fills an omission in the law by specifying that an out-of-state manufacturer that is sponsored by a certificate of approval holder, wholesale licensee or spirits supplier to participate in a taste-testing event may provide for taste testing any spirits, wine or malt liquor produced by the sponsored manufacturer, even though those products are not currently listed for sale in the State.

F. It moves the statutory language granting licensed Maine liquor manufacturers the authority to sell their products at certain taste-testing events from the manufacturer licensing statute to the relevant taste-testing event statute for clarity and grants small distilleries new authority to self-distribute their spirits products for sale at these taste-testing events.

G. It restricts the types of individuals who may receive partial-bottle samples of spirits or wine under statutes authorizing sampling by retail licensees to the owner and supervisory or managerial employees of the retail licensee. This restriction exists in current law only for the receipt of partial-bottle samples of spirits by employees of agency liquor stores.

19. It corrects an error in current law that suggests on-premises retail licenses are issued to international air terminals and instead specifies that on-premises retail licenses may be issued to qualified establishments located within international air terminals.

20. It streamlines the process for disposal of spirits subject to a court's forfeiture order by newly authorizing the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations or a wholesale spirits provider to choose, without obtaining an additional court order, to destroy the forfeited spirits rather than to restock and resell the forfeited spirits in agency liquor stores.

21. It makes a number of changes to the State's laws governing the administration and sale of spirits in the State to address errors and inconsistencies in those laws, including the following.

A. It amends conflicting provisions of law regarding the pricing of spirits to clarify that, as is current practice, the State Liquor and Lottery Commission establishes the retail price of spirits and the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations establishes the wholesale price of spirits, which is the price that agency liquor stores pay to purchase spirits from the bureau.

B. It resolves a conflict in the laws governing the purchase of spirits by removing statutory language suggesting that agency liquor stores may purchase spirits from a wholesale spirits provider and retaining provisions of law correctly stating that agency liquor stores purchase spirits only from the bureau.

C. It amends statutory provisions incorrectly suggesting that any agency liquor store may sell or deliver spirits to on-premises retailers and clarifies that only agency liquor stores that are licensed as reselling agents may make these sales and deliveries.

22. It makes a number of additional changes to Title 28-A, section 1355-A, the statute governing the licensure of Maine liquor manufacturers, including the following.

A. It restores the statutory authority of Maine bottlers and rectifiers to obtain licenses, which authority was unintentionally repealed through Public Law 2019, chapter 529. It also newly specifies the types of sampling activities that may occur on the premises of a licensed Maine bottler or rectifier under current practice.

B. It combines in one location several scattered provisions describing the authority of licensed Maine breweries, small breweries, wineries, small wineries, distilleries and small distilleries, at the manufacturing facility where their products are produced, to sell samples of those products to the public or offer samples of those products to the public at no cost. It newly clarifies that samples may not be served to minors or visibly intoxicated persons and that the area of the manufacturing facility where these samples are sold or offered need not be separate from and may be accessed by the same entrance as the area of the manufacturing facility that is licensed for on-premises retail sales.

C. It combines in one location several scattered provisions describing the authority of licensed Maine breweries, small breweries, wineries, small wineries, distilleries and small distilleries, at the manufacturing facility where their products are produced, to sell their products for off-premises consumption.

D. It moves the provision authorizing Maine breweries and small breweries to sell malt liquor for off-premises consumption in kegs from a generally applicable subsection of the statute to the subsection of the statute specifically applicable to breweries and small breweries.

E. It moves the provision requiring Maine small breweries and small wineries to keep and maintain records of their sales to retail licensees from a generally applicable subsection of the statute to the 2 subsections of the statute specifically applicable to small breweries and to small wineries.

F. It clarifies that, as is current practice, when calculating whether a licensed Maine manufacturing facility's one statutorily authorized establishment for on-premises sales has satisfied any applicable statutory requirement that 10% of its gross annual income be from the sale of food, income from the Maine manufacturer's sale of liquor samples or sale of liquor for off-premises consumption is not included.

G. It clarifies the language of the provision authorizing each licensed Maine brewery, small brewery, winery, small winery, distillery and small distillery to obtain one license to conduct on-premises retail sales per licensed manufacturing facility. It also relaxes the requirements applicable when a distillery or small distillery obtains this type of on-premises retail license by eliminating the requirements that the on-premises retail establishment be a Class A restaurant or Class A restaurant/lounge owned by the same person who owns the distillery or small distillery. Instead, under the bill a distillery or small distillery may obtain any type of on-premises retail license as long as the same person or persons holds a majority ownership interest in the on-premises retail license and the distillery or small distillery. These relaxed requirements match the requirements applicable under current law when a licensed brewery, small brewery, winery or small winery obtains this type of on-premises retail license.

H. It newly authorizes a licensed Maine manufacturer that has its one statutorily authorized licensed establishment for on-premises sales at a location separate from its manufacturing facility to conduct sales of its products for off-premises consumption at that separate licensed location. Under current law, a Maine manufacturer may conduct sales of its products for off-premises consumption at its one licensed establishment for on-premises sales only if the on-premises establishment is located at the manufacturing facility. Similarly, the bill newly specifies that the products that may be sold for off-premises consumption at the separate licensed location include, when the licensed Maine manufacturer is a brewery or a small brewery, malt liquor packaged in refillable containers, commonly referred to as growlers. Under current law, a brewery or small brewery may sell growlers at its one licensed establishment for on-premises sales only if that on-premises establishment is located at the brewery or small brewery.

I. It resolves a conflict in current law and conforms the law to current practice by specifying that, when a small distillery serves samples of its products at its manufacturing facility, it need not first send those products through the State's spirits warehouse and distribution system.

J. It clarifies an ambiguity in the law by explicitly stating that a licensed Maine small winery, which may under current law obtain licenses to conduct off-premises retail sales at up to 2 additional locations other than the manufacturing facility, must pay a $50 license fee for each of those additional locations. It similarly clarifies that a licensed small distillery, which may under current law also obtain licenses to conduct off-premises retail sales at up to 2 additional locations other than the manufacturing facility, must pay a $100 license fee for each of those additional locations.

K. It corrects an omission in the law and matches current practice by specifying that a tenant brewery or tenant winery seeking licensure may pay the reduced license fee for a small brewery or small winery if it qualifies as a small brewery or small winery. Otherwise, the tenant brewery or tenant winery must pay the higher brewery or winery license fee.

23. It reorganizes, clarifies and removes inconsistencies in the laws governing the importation of liquor into and the transportation of liquor within the State. It also changes the units of measurement applicable to spirits and wine in these provisions from quarts and gallons to liters, which is the unit of measurement typically used when referring to spirits and wine products, and it changes the unit of measurement applicable to malt liquor from gallons to fluid ounces, which is the unit of measurement typically used when referring to malt liquor products.

24. It corrects scattered typographical, cross-reference and drafting errors in the Title, including by removing all gendered pronouns as required by Public Law 2019, chapter 475, section 52.

SP0766 LD 2131	Session - 129th Maine Legislature		LR 3164 Item 1
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