An Act To Clarify the Laws Governing Alcohol Manufacturer Licenses
Sec. 1. 28-A MRSA §1355-A, sub-§2, as amended by PL 2015, c. 74, §6 and c. 166, §3, is further amended to read:
(1) By employees for the purpose of quality control of the product;
(2) By wholesalers for the purpose of determining whether to carry the product as a wholesale product if the holder of the license pays the excise tax on the product sampled according to section 1652; and
(3) By the public , as provided under paragraph B, if the holder of the license pays the excise tax on the product sampled according to section 1652.
(1) Samples may be served only at the licensed premises and only during regular business hours.
(2) Samples, including complimentary samples, may be served for a charge, as determined by the licensee, 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.
(1) The retail license must be held exclusively by the holder of the brewery, small brewery, winery, small winery, distillery or small distillery license.
(2) The retail license authorizes the sale of products of the brewery, small brewery, winery, small winery, distillery or small distillery, in addition to other liquor permitted to be sold under the retail license, to be consumed on the premises.
(3) All records related to activities under a manufacturer license issued under this section must be kept separate from records related to the retail license.
(4) A distillery or small distillery must meet the requirements of subsection 5, paragraph E.
Sec. 2. 28-A MRSA §1355-A, sub-§3, ¶B, as enacted by PL 2011, c. 629, §22, is amended to read:
(1) Upon application by a holder of a small brewery license whose brewery has produced malt liquor in an amount that exceeds 50,000 gallons 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, 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.
Sec. 3. 28-A MRSA §1355-A, sub-§3, ¶C, as amended by PL 2015, c. 166, §4, is repealed.
Sec. 4. 28-A MRSA §1355-A, sub-§4, ¶B, as enacted by PL 2011, c. 629, §22, is amended to read:
(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, 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 license fees, 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.
Sec. 5. 28-A MRSA §1355-A, sub-§5, ¶E, as enacted by PL 2011, c. 629, §22, is repealed.
Sec. 6. 28-A MRSA §1355-A, sub-§5, ¶H, as enacted by PL 2015, c. 440, §2, is amended to read:
Sec. 7. 28-A MRSA §1355-A, sub-§5-A is enacted to read:
(1) Only malt liquor brewed at the brewery where the establishment licensed for on-premises consumption is licensed may be sold at that establishment.
(2) Malt liquor must be dispensed in bottles provided by and with labels unique to the 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) A sale of malt liquor for off-premises consumption from the establishment licensed for on-premises consumption must be accompanied by a sales receipt with a time stamp that indicates time of purchase.
(8) A sale of malt liquor for off-premises consumption from the establishment licensed for on-premises consumption may not be made 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 Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill removes duplicative language regarding samples provided to the public by manufacturers licensed to produce wine, malt liquor and spirits in the State. The bill consolidates into one paragraph the provisions that govern the sale of a manufacturer's product for off-premises consumption to nonlicensees from the licensed manufacturer's facility. It also repeals and replaces in a separate subsection the provisions governing the authorization of a licensed manufacturer in the State to have a retail establishment licensed for the sale of liquor to be consumed on the premises, issued in accordance with the Maine Revised Statutes, Title 28-A, chapter 43.