An Act To Amend the Laws Governing the Taste Testing of Alcoholic Beverages
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law is prohibitive to retail establishments that wish to conduct tastings of alcoholic beverages; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §460, sub-§2, ¶N, as enacted by PL 2009, c. 459, §1, is amended to read:
N. Taste-testing activities must be conducted in a manner that precludes the possibility of observation by children. For a minimum of 7 days immediately prior to a taste-testing event, the agency liquor store shall post prominently at the entrance to the store a sign that announces the date and time of the event. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph in providing proper notice to adults who may wish to preclude minors from observing the taste testing of alcoholic beverages.
Sec. 2. 28-A MRSA §1205, sub-§2, ¶L, as enacted by PL 2009, c. 459, §2, is amended to read:
L. Taste-testing activities must be conducted in a manner that precludes the possibility of observation by children. For a minimum of 7 days immediately 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. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph in providing proper notice to adults who may wish to preclude minors from observing the taste testing of alcoholic beverages.
Sec. 3. 28-A MRSA §1207, as enacted by PL 2009, c. 438, §5, is reallocated to 28-A MRSA §1208.
Sec. 4. 28-A MRSA §1207, sub-§1, as enacted by PL 2009, c. 459, §4, is amended to read:
Sec. 5. 28-A MRSA §1207, sub-§2, ¶L, as enacted by PL 2009, c. 459, §4, is amended to read:
L. Taste-testing activities must be conducted in a manner that precludes the possibility of observation by children. For a minimum of 7 days immediately 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. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph in providing proper notice to adults who may wish to preclude minors from observing the taste testing of alcoholic beverages.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill amends the law governing the taste testing of alcoholic beverages to remove a provision that requires taste testing of alcoholic beverages by licensed retail establishments to be conducted in a manner that precludes the possibility of observation by children. It replaces that provision with a requirement that signs announcing the time and date of a taste-testing event be posted for at least 7 days immediately prior to the event. The bill also makes a minor technical clarification.