An Act To Allow Direct-to-consumer Wine and Malt Liquor Sales
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1403-A is enacted to read:
§ 1403-A. Purchase of wine or malt liquor by mail
1. Direct shipment of wine or malt liquor to residents. A person currently licensed in another state as an alcoholic beverage producer, supplier, importer, wholesaler, distributor or retailer who obtains a certificate of approval as provided in section 1351 and a nonresident shipper's license as provided in this section may ship wine or malt liquor directly to a resident of this State who is 21 years of age or older for that resident's personal use.
2. Nonresident shipper application. Before sending a shipment to a resident of this State, a nonresident shipper must hold a certificate of approval as provided in section 1351 and file an application for a license with the bureau on a form issued by the bureau along with a true copy of its current alcoholic beverage license issued in another state and a $100 registration fee.
3. Delivery to resident 21 years of age or older. Wine or malt liquor shipped pursuant to this section may be shipped only to a resident 21 years of age or older and must be for the recipient's personal use only and not for resale. A shipment must be subject to in-person delivery to the resident who has ordered the shipment or a person residing at the resident's household who is 21 years of age or older. All containers used for shipment of wine or malt liquor under this section must be conspicuously labeled with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY."
4. Prohibited shipping areas. A nonresident shipper may not ship to any address in an area identified by the bureau as a prohibited shipping area or a local option area.
5. License renewal. A nonresident shipper may annually renew its license with the bureau by paying a $100 renewal fee and providing the bureau with a true copy of its current alcoholic beverage license issued in another state.
6. Payment of state taxes. A nonresident shipper shall pay annually to the Department of Administrative and Financial Services, Bureau of Revenue Services the sales and excise taxes due on sales in the preceding calendar year.
7. Annual report. A nonresident shipper shall report to the bureau annually by January 1st of each year the total number of bottles of wine or malt liquor, by type, shipped into the State in the preceding calendar year.
8. Audit. The bureau may perform an audit of a nonresident shipper's records at any time.
9. Violation. Violation of this section is a Class D crime. A violation of this section constitutes a violation of the Maine Unfair Trade Practices Act. The bureau may enforce the requirements of this section by administrative proceedings to suspend or revoke a nonresident shipper's license. The bureau may accept payment of an offer in compromise in lieu of suspension; such payments must be determined by rule adopted by the bureau.
10. Adoption of rules. The bureau may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. 28-A MRSA §2077-B, sub-§1, as enacted by PL 1997, c. 501, §6, is amended to read:
1. Prohibition. A person may not sell, furnish, deliver or purchase liquor from an out-of-state company by mail order , except wine or malt liquor pursuant to section 1403-A.
SUMMARY
This bill allows an out-of-state shipper to ship wine or malt liquor directly to a resident of this State who is 21 years of age or older for that resident's personal use.