28-A M.R.S. § 1355-A — ME Code / Title 28-A / Part 3 / Chapter 51 / Section 1355-A
28-A §1355-A. Manufacturer licenses
Status: in_force

1. Issuance of licenses. The bureau may issue licenses under this section to breweries, small breweries, tenant breweries, wineries, small wineries, tenant wineries, distilleries, small distilleries, bottlers and rectifiers in the State that operate under federal law and federal supervision. [PL 2025, c. 87, §1 (AMD).]

1-A. Definition. For purposes of this section, "manufacturing facility" means the premises of a brewery, small brewery, tenant brewery, winery, small winery, tenant winery, distillery or small distillery licensed under this section where liquor products are produced. [PL 2025, c. 87, §2 (AMD).]

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 [PL 2021, c. 658, §226 (NEW).] 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 . [PL 2021, c. 658, §226 (NEW).] [PL 2021, c. 658, §226 (NEW).]

2. Manufacturers other than bottlers and rectifiers. The following provisions apply to brewery, small brewery, tenant brewery, winery, small winery, tenant winery, distillery and small distillery licensees. A. A licensee governed by this subsection may permit sampling of 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 licensee pays the excise tax on the product sampled according to section 1652 . [PL 2021, c. 658, §226 (AMD).] B. A licensee governed by this subsection may serve to the public samples of liquor produced by the licensee at the 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. [PL 2021, c. 658, §226 (AMD).] C. [PL 2021, c. 658, §226 (RP).] D. A licensee governed by this subsection may sell for off-premises consumption liquor produced by the licensee from the manufacturing facility where liquor is produced by the licensee under the conditions specified in this paragraph. (1) Sales made in accordance with this paragraph do not require the licensee 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 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 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. [PL 2021, c. 658, §226 (AMD).] E. [PL 2021, c. 658, §226 (RP).] F. [PL 2021, c. 658, §226 (RP).] G. [PL 2021, c. 658, §226 (RP).] H. [PL 2021, c. 658, §226 (RP).] I. A licensee governed by this subsection may be issued one or more on-premises retail licenses under chapter 43 per licensed manufacturing facility under the conditions specified in this paragraph. An 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 licensee and the on-premises retail licensee licensed under chapter 43 . (1-A) If a person or persons hold a majority ownership interest in one manufacturing licensee, the person or persons may hold no less than a majority ownership interest in up to 3 retail licensees licensed under chapter 43 . If a person or persons hold a majority ownership interest in at least 2 manufacturing licensees that, collectively, manufacture at least 1,000 barrels of liquor per year, the person or persons may hold no less than a majority ownership interest in up to 6 on-premises retail licensees licensed under chapter 43 . A person or persons with a majority ownership interest in one or more manufacturing licensees may not hold an ownership interest in more than 6 on-premises retail licensees licensed under chapter 43 . (2) A retail license issued under chapter 43 authorizes the sale for on-premises consumption of products produced at the manufacturing facility as well as other liquor permitted to be sold under the applicable class of the retail license. (2-A) Liquor sold under a retail license 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 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 a retail license issued under chapter 43 . Income from the sale of liquor under subparagraph (4-A) or under paragraph B or D by a manufacturing facility that is located on the same premises as a 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) Spirits sold under the authority of a 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 a 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 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 premises of the manufacturing facility or a retail license issued under chapter 43 , if that retail license authorizes retail activities at another location. [PL 2025, c. 87, §3 (AMD).] J. A licensee governed by this subsection may display up to 25 bottles of liquor produced by the licensee in a window of a location where the licensee is authorized by this section to sell its products for on-premises consumption or for off-premises consumption. [PL 2021, c. 658, §226 (AMD).] K. 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) Another manufacturing facility licensed under this section if the same person or persons hold a majority ownership interest in both of the licensed manufacturing facilities; and (2) An establishment licensed for retail sales operated by the licensee 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. [PL 2025, c. 87, §3 (AMD).]

2-A. Majority interest requirement. [PL 2017, c. 347, §5 (RP).]

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 [PL 2017, c. 341, §1 (NEW).] B. The licensee is in violation of section 707, subsection 2 , 3‑A or 5‑A , if the violation existed in the same manner at the time the license was initially issued or at the time the license was renewed. [PL 2019, c. 665, §11 (AMD).] 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. [PL 2019, c. 665, §11 (AMD).]

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 and bottle more than 30,000 barrels of malt liquor per year. [PL 2021, c. 658, §226 (AMD).] B. A holder of a small brewery license may produce and bottle 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 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. [PL 2021, c. 658, §226 (AMD).] B-1. To be eligible for a brewery or small brewery license, a person must hold a brewer's notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2021, c. 658, §226 (NEW).] C. Notwithstanding any provision of this Title to the contrary, an on-premises retail license issued under chapter 43 pursuant to subsection 2, paragraph I to the holder of a brewery or small brewery license authorizes the sale of malt liquor in prefilled, refillable bottles for off-premises consumption under the conditions specified in this paragraph. (1) Only malt liquor brewed at the brewery or small brewery associated with the on-premises retail license issued under chapter 43 may be sold 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 under this paragraph must be accompanied by a sales receipt with a time stamp that indicates time of purchase. (8) 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 as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 658, §226 (AMD).] 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. [PL 2021, c. 658, §226 (NEW).] D. [PL 2021, c. 658, §226 (RP).] 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. [PL 2021, c. 658, §226 (NEW).] [PL 2021, c. 658, §226 (AMD).]

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 and bottle more than 50,000 gallons per year of wine that is not hard cider and may produce and bottle more than 3,000 barrels per year of wine that is hard cider. [PL 2021, c. 658, §226 (AMD).] B. A holder of a small winery license may produce and bottle up to 50,000 gallons per year of wine that is not hard cider and may produce and bottle 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 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 a $50 license 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. [PL 2021, c. 658, §226 (AMD).] B-1. To be eligible for a winery or small winery license, a person must hold a basic permit for producing wine from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2021, c. 658, §226 (NEW).] 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 all wine, other than hard cider, produced at the small winery may not exceed 50,000 gallons per year. [PL 2021, c. 658, §226 (AMD).] D. [PL 2021, c. 658, §226 (RP).] 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. [PL 2021, c. 658, §226 (AMD).]

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. [PL 2011, c. 629, §22 (NEW).] B. A holder of a small distillery license may distill, rectify, blend and bottle not more than 50,000 gallons of spirits per year. (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 a $100 license 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. [PL 2021, c. 658, §226 (AMD).] 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. [PL 2011, c. 629, §22 (NEW).] D. 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. [PL 2021, c. 658, §226 (AMD).] E. [PL 2021, c. 658, §226 (RP).] F. [PL 2021, c. 658, §226 (RP).] F-1. A distillery or small distillery may sell to the public for on-premises consumption cocktails containing samples of spirits produced by the distillery or small distillery under the conditions specified in this paragraph. (1) A cocktail may be sold only at the manufacturing facility where the spirits are produced or at an additional location licensed under paragraph B , subparagraph (3). (2) The distillery or small distillery may include wine or spirits not manufactured by the distillery or small distillery as an ingredient in the cocktail only if the distillery or small distillery purchased the wine or spirits from an agency liquor store licensed as a reselling agent. (3) A cocktail may not contain more than 4 1/2 ounces of spirits. [PL 2023, c. 34, §5 (AMD).] 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), subsection 2, paragraph D or subsection 2, paragraph I , subparagraph (4‑A) 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 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. [PL 2021, c. 658, §226 (AMD).] 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 F‑1 or under subsection 2, paragraph B or 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 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. [PL 2021, c. 658, §226 (AMD).] I. [PL 2021, c. 658, §226 (RP).] 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. [PL 2021, c. 658, §226 (NEW).] Revisor's Note: (Paragraph J as enacted by PL 2021, c. 742, §1 is REALLOCATED TO TITLE 28-A, SECTION 1355-A, SUBSECTION 5, PARAGRAPH K) K. (REALLOCATED FROM T. 28-A, §1355-A, sub-§5, ¶J) A rectifier and a holder of a distillery or small distillery license shall comply with all applicable requirements of Title 38, section 1615 . [PL 2023, c. 405, Pt. A, §104 (AMD).] [PL 2023, c. 34, §5 (AMD); PL 2023, c. 405, Pt. A, §104 (AMD).]

6. Tenant brewery. Except as otherwise provided, the following provisions apply to a tenant brewery license under which the holder of a tenant brewery license may produce and bottle malt liquor at the manufacturing facility of another brewery, referred to in this subsection as "a host brewery," licensed by the bureau under subsection 3 . A. To be eligible for a tenant brewery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold a brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant brewery to use the facilities and equipment of a host 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. [PL 2021, c. 658, §226 (AMD).] B. A tenant brewery is subject to the same requirements regarding production of malt liquor and low-alcohol spirits products containing malt liquor as if the tenant brewery conducted its manufacturing on its own premises independently. [PL 2021, c. 658, §226 (AMD).] C. [PL 2025, c. 87, §4 (RP).] D. A tenant brewery is governed by the provisions of subsection 3 . [PL 2025, c. 87, §5 (AMD).] E. A tenant brewery may not brew or produce malt liquor or low-alcohol spirits products containing malt liquor for another brewery or certificate of approval holder. [PL 2021, c. 658, §226 (AMD).] F. A tenant brewery shall ensure that the tenant brewery maintains control of the raw ingredients used to manufacture the tenant brewery's product. [PL 2021, c. 658, §226 (AMD).] G. [PL 2015, c. 15, §1 (RP).] G-1. Licenses issued under subsection 3 may allow for up to 9 tenant breweries at a time at the manufacturing facility of a host brewery. [PL 2021, c. 658, §226 (AMD).] H. The bureau may require a tenant brewery to maintain a record or log indicating which equipment is being used at any time by the tenant 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 brewery's product. [PL 2021, c. 658, §226 (AMD).] I. The bureau shall require that reports from a tenant brewery be submitted in a manner similar to the manner in which a brewery licensed under subsection 3 submits reports. The bureau shall also require a tenant 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 brewery to engage in an alternating proprietorship. [PL 2021, c. 658, §226 (AMD).] [PL 2025, c. 87, §§4, 5 (AMD).]

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 and bottle wine at the manufacturing facility of another winery, referred to in this subsection as "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. [PL 2021, c. 658, §226 (AMD).] 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. [PL 2015, c. 185, §3 (NEW).] C. [PL 2025, c. 87, §6 (RP).] D. A tenant winery may not produce wine or hard cider for another winery or certificate of approval holder. [PL 2015, c. 185, §3 (NEW).] E. A tenant winery shall ensure that the tenant winery maintains control of the raw ingredients used to manufacture the tenant winery's wine or hard cider. [PL 2021, c. 658, §226 (AMD).] 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. [PL 2015, c. 185, §3 (NEW).] 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. [PL 2015, c. 185, §3 (NEW).] 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. [PL 2015, c. 185, §3 (NEW).] [PL 2025, c. 87, §6 (AMD).]
28-A M.R.S. § 1703 — ME Code / Title 28-A / Part 4 / Chapter 67 / Section 1703
28-A §1703. Premiums; collection
Status: in_force

1. Spirits. The bureau shall sell all spirits at a price that will produce, in addition to any other tax or charge imposed under state or federal law, a premium in the amount specified in subsection 3 . [PL 1997, c. 373, §139 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]

2. Malt liquor, wine, low-alcohol spirits products, fortified wines and hard cider. [PL 2013, c. 368, Pt. XXXX, §9 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]

3. Amount of premium. The premium is: A. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).] B. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).] C. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).] D. One dollar and twenty-five cents per proof gallon as the term proof gallon is defined in the United States Code, Title 26, Section 5002, on all spirits sold in the State. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 2013, c. 368, Pt. XXXX, §10 (AMD); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]

4. Payment to General Fund. The bureau shall immediately pay all premiums collected under this section to the Treasurer of State to be credited to the General Fund. [PL 2013, c. 368, Pt. V, §61 (REV); PL 2013, c. 368, Pt. XXXX, §11 (AMD); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]

5. Appropriation. The amount of funds appropriated from the General Fund to the Department of Health and Human Services for substance use disorder prevention and treatment may not be less than the dollar amount collected or received by the bureau under this section. [PL 2017, c. 407, Pt. A, §115 (AMD).]
28-A M.R.S. § 86 — ME Code / Title 28-A / Part 1 / Chapter 3-A / Section 86
28-A §86. Conflict of interest
Status: in_force

In addition to the limitations set forth in Title 5, section 18 , any member of the commission or any employee of the commission or the bureau may not accept directly or indirectly any samples, gratuities, favors or anything of value from a manufacturer, wholesaler, wholesale licensee or retail licensee or any representative of a manufacturer, wholesaler, wholesale licensee or retail licensee under circumstances that may reasonably be construed as influencing or improperly relating to past, present or future performance of official duties. [PL 2013, c. 588, Pt. B, §2 (AMD).]
28-A M.R.S. § 2074 — ME Code / Title 28-A / Part 6 / Chapter 83 / Section 2074
28-A §2074. Illegal transportation of liquor on or off licensed premises
Status: in_force

1. Transportation on-premises or off-premises. Except as provided in section 1051 , section 1075‑A, subsection 3 or section 1080 , a person that transports liquor onto or off of the premises of an on-premises retail licensee commits a Class E crime. [PL 2021, c. 658, §272 (AMD).]

2. Defense. It is a defense to a prosecution under this section that the transportation was authorized or permitted by the licensee, the licensee's agent or the licensee's employee. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-B M.R.S. § 503 — ME Code / Title 28-B / Chapter 1 / Section 503
28-B §503. Operation of testing facilities
Status: in_force

A testing facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).]

1. Development, research and testing of cannabis, cannabis products and other substances. A testing facility may develop, research and test cannabis and cannabis products for: A. That facility; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. Another licensee; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. A person who intends to use the cannabis or cannabis product for personal use as authorized under chapter 3 ; or [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] D. A qualifying patient, a caregiver, a registered caregiver or a registered dispensary. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV).] Neither this chapter nor the rules adopted pursuant to this chapter prevent a testing facility from developing, researching or testing substances or products that are not cannabis or cannabis products for that facility or for another person. [PL 2023, c. 679, Pt. B, §76 (AMD).]

2. Certification; accreditation and provisional licensure; compliance with operational and technical requirements. A testing facility may not commence or continue operation unless the testing facility: A. Is certified for operation under the certification program within the Department of Health and Human Services, Maine Center for Disease Control and Prevention established pursuant to Title 22, section 569 and, in accordance with rules adopted by the office after consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, which must allow for inspection of the proposed or operational testing facility by the office and the Department of Health and Human Services, Maine Center for Disease Control and Prevention; [PL 2023, c. 679, Pt. B, §77 (AMD).] B. Except as otherwise provided in this paragraph, is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a 3rd-party accrediting body or is certified, registered or accredited by an organization approved by the office. The office shall adopt rules regarding the scope of certification, registration or accreditation required for licensure of a testing facility. (1) The office may issue a full testing facility license to an applicant that meets all applicable requirements of this chapter and rules adopted pursuant to this chapter and that has obtained accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization from a 3rd-party accrediting body or that is certified, registered or accredited by an approved organization. (2) The office may issue a provisional testing facility license to an applicant that otherwise meets all applicable requirements of this chapter and rules adopted pursuant to this chapter and that has applied for but not yet obtained accreditation from a 3rd-party accrediting body or that has applied for but not yet obtained certification, registration or accreditation from an approved organization. The office may not renew a provisional testing facility license more than once. An active full or provisional testing facility license may not be issued by the office to an applicant until the applicant satisfies all applicable requirements of section 205, subsection 4 ; and [PL 2023, c. 679, Pt. B, §77 (AMD).] C. Is determined by the office to meet all operational and technical requirements for testing facilities under this chapter and the rules adopted under this chapter. [PL 2023, c. 679, Pt. B, §77 (AMD).] [PL 2023, c. 679, Pt. B, §77 (AMD).]

3. Compliance with testing protocols, standards and criteria. A testing facility shall follow all testing protocols, standards and criteria adopted by rule by the office for the testing of different forms of cannabis and cannabis products; determining batch size; sampling; testing validity; and approval and disapproval of tested cannabis and cannabis products. A testing facility may use a sample collector for the collection of samples for mandatory testing as long as the testing facility's operating plan and standard operating procedures indicate the use of a sample collector for that purpose. [RR 2023, c. 2, Pt. A, §43 (COR).]

4. Remediation and retesting. If a testing facility determines that a sample of adult use cannabis or an adult use cannabis product has failed a mandatory test required under section 602 , the testing facility shall offer to the owner of that sample an opportunity for remediation and retesting in accordance with rules adopted by the office. [PL 2023, c. 679, Pt. B, §79 (AMD).]

4-A. Retesting for potency. If requested by the licensee, a testing facility may retest for potency a sample of adult use cannabis or an adult use cannabis product from the same batch the testing facility initially tested. The retest for potency may be completed only once after the initial test, and the sample must be from the remaining representative sample of the same batch that was initially received by the testing facility. The results of the initial test and the retest must be reported by the testing facility in accordance with subchapter 6 and the rules governing testing facilities. A licensee that chooses to retest for potency shall include the potency values reported for the retest instead of the initial potency value reported by the testing facility. [PL 2023, c. 679, Pt. B, §80 (NEW).]

5. Record keeping. A testing facility shall maintain records of all business transactions and testing results in accordance with the record-keeping requirements of section 511 and section 602, subsection 2 and in accordance with applicable standards for licensing and accreditation under subsection 2 and testing protocols, standards and criteria adopted by the office under subsection 3 . [PL 2023, c. 679, Pt. B, §81 (AMD).]

6. Disposal of cannabis and cannabis products. A testing facility shall dispose of or destroy used, unused and waste cannabis and cannabis products in accordance with rules adopted by the office. [PL 2023, c. 679, Pt. B, §82 (AMD).]

7. Notification of test results. A testing facility shall notify the office of test results in accordance with section 603 . [PL 2023, c. 679, Pt. B, §83 (AMD).]

8. Independence of testing facility interest. A person with an interest in a testing facility may not be a caregiver or a registered caregiver or have an interest in a registered dispensary, a cannabis store license, a cultivation facility license or a products manufacturing facility license, but may hold or have an interest in multiple testing facility or sample collector licenses. A person who is a caregiver or a registered caregiver or who has an interest in a registered dispensary, a cannabis store license, a cultivation facility license or a products manufacturing facility license may not have an interest in a testing facility or sample collector license. As used in this subsection, "interest" has the same meaning as in section 205, subsection 2, paragraph B . [PL 2019, c. 676, §12 (AMD); PL 2021, c. 669, §5 (REV).]

9. Tracking. In accordance with the requirements of section 105 , a testing facility licensee shall track all adult use cannabis and adult use cannabis products it receives from a licensee for testing purposes from the point at which the cannabis or cannabis products are delivered or transferred to the testing facility to the point at which the cannabis or cannabis products are disposed of or destroyed. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

10. Rules. The office shall adopt rules regarding the provisional licensure, licensure, certification and accreditation of testing facilities and the testing of cannabis and cannabis products by testing facilities pursuant to this chapter, including, but not limited to, rules establishing acceptable testing and research practices for testing facilities, including, but not limited to, provisions relating to testing practices, methods and standards; remediation and retesting procedures; quality control analysis; equipment certification and calibration; chemical identification; testing facility record-keeping, documentation and business practices; disposal of used, unused and waste cannabis and cannabis products; and reporting of test results. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 679, Pt. B, §84 (AMD).]
28-A M.R.S. § 2076 — ME Code / Title 28-A / Part 6 / Chapter 83 / Section 2076
28-A §2076. Illegal delivery of spirits
Status: in_force

1. Illegal delivery of spirits prohibited. Except with the bureau's written permission or except as provided in section 503, subsection 1 for the wholesale spirits provider or in section 459 for reselling agents, a person may not knowingly transport or cause to be delivered to any person other than the bureau any spirits not purchased from an agency liquor store. [PL 2021, c. 658, §275 (AMD).]

2. Penalties. A person that violates this section commits a Class E crime. [PL 2021, c. 658, §275 (AMD).]
28-A M.R.S. § 2519-A — ME Code / Title 28-A / Part 8 / Chapter 100 / Section 2519-A
28-A §2519-A. Rules
Status: in_force

The bureau may adopt rules for the purpose of waiving the fee for the alcohol server education course in the event of demonstrated need and inability to pay. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A . [PL 1999, c. 519, §9 (NEW).]
28-A M.R.S. § 1054 — ME Code / Title 28-A / Part 3 / Chapter 43 / Section 1054
28-A §1054. Permit for music, dancing or entertainment
Status: in_force

1. Activities and entertainment prohibited. [PL 2017, c. 13, §2 (RP).]

2. Authority to require permit. A municipality or, in the case of an unincorporated place, the county commissioners may require an on-premises retail licensee 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. [PL 2021, c. 658, §169 (AMD).]

3. Term of permit. A permit is valid only for the license year of the existing license. [PL 1987, c. 45, Pt. A, §4 (NEW).]

4. Public hearing on permit application. [PL 2017, c. 13, §2 (RP).]

5. Permit requirements. [PL 2017, c. 13, §2 (RP).]

6. Issuance or denial of permit. Within 15 days of receiving the permit application, the municipal officers shall give the applicant written notice of their decision. A. If the municipal officers deny a licensee a permit, they shall provide the licensee with the reasons for the denial in writing. [PL 1987, c. 45, Pt. A, §4 (NEW).] B. The licensee may not reapply for a permit within 30 days after denial of an application for a permit. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 1987, c. 45, Pt. A, §4 (NEW).]

7. Municipal suspension or revocation of a permit. After a public hearing preceded by notice to interested parties, the municipal officers may suspend or revoke any permits which they have issued under this section on the grounds that the music, dancing or entertainment permitted constitutes a detriment to the public health, safety or welfare, or violates municipal ordinances or regulations. [PL 1987, c. 45, Pt. A, §4 (NEW).]

8. Appeal procedure. If the municipality has a board of appeals, as described in Title 30‑A, section 2691 , a licensee that has applied for a permit and has been denied, or has had its permit revoked or suspended, may appeal the decision to the board of appeals within 30 days of the denial, suspension or revocation. The board of appeals 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 [PL 1987, c. 45, Pt. A, §4 (NEW).] B. The denial, revocation or suspension was arbitrary and capricious. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 2021, c. 658, §170 (AMD).]

9. Admission. [PL 2017, c. 13, §2 (RP).]

10. Definition of entertainment. [PL 2017, c. 13, §2 (RP).]

11. Municipal ordinances or regulations. 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. [PL 2017, c. 13, §2 (AMD).] 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. [PL 1987, c. 342, §81 (AMD).] [PL 2021, c. 658, §171 (AMD).]

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 shall grant, suspend or revoke permits in the same manner and with the same authority as municipal officers and shall adopt regulations in the same manner as municipal officers. [PL 2021, c. 658, §172 (AMD).]
28-A M.R.S. § 607 — ME Code / Title 28-A / Part 3 / Chapter 25 / Section 607
28-A §607. Licensees closed in case of riots, hurricanes or floods
Status: in_force

The Governor or the bureau may, in cases of riots, hurricanes and floods, order any or all licensees not to sell any liquor. [PL 1997, c. 373, §59 (AMD).]
28-A M.R.S. § 1-A — ME Code / Title 28-A / Part 1 / Chapter 1 / Section 1-A
28-A §1-A. License required
Status: in_force

Unless specifically provided under this Title, a person may not engage in wholesale or retail sales of liquor without a license issued in accordance with this Title. [PL 2013, c. 476, Pt. A, §1 (NEW).]
28-A M.R.S. § 751 — ME Code / Title 28-A / Part 3 / Chapter 31 / Section 751
28-A §751. Retail licensee to keep records
Status: in_force

1. Records to be kept. Every retail licensee shall keep for 2 years complete records showing: A. The date of all purchases; [PL 1987, c. 45, Pt. A, §4 (NEW).] B. The actual prices paid; [PL 1987, c. 45, Pt. A, §4 (NEW).] C. The fact that the licensee paid by cash or check for all liquor bought by the licensee at the time of or before delivery of the liquor as evidenced by invoices, which must be retained by the licensee; [RR 1993, c. 1, §71 (COR).] D. The name and address of every person from whom the liquor was purchased; and [PL 1993, c. 266, §19 (AMD).] E. In the case of an on-premises licensee, records of food purchases. [PL 2021, c. 658, §111 (AMD).] [PL 2021, c. 658, §111 (AMD).]

2. Retail licensee to keep separate records. Except as provided in paragraph A , a retail licensee shall keep the records required by subsection 1 separate and apart from records relating to any other transactions in which the licensee engages. A. Malt liquor, wine and soft drinks may be listed on the same wholesale licensee's invoice if each product is separately listed. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 1997, c. 373, §71 (AMD).]

3. On-premises retail licensee to keep records of sales separate. An on-premises retail licensee shall separate liquor sales from food sales by the licensee in the licensee's records. [PL 2021, c. 658, §112 (AMD).]
28-B M.R.S. § 505 — ME Code / Title 28-B / Chapter 1 / Section 505
28-B §505. Transportation of adult use cannabis and adult use cannabis products
Status: in_force

A licensee and its employees may transport adult use cannabis and adult use cannabis products between the licensed premises of the licensee and: [PL 2023, c. 408, §16 (NEW).]

1. Other licensed premises. The licensed premises of any other cannabis establishment; [PL 2023, c. 408, §16 (NEW).]

2. Delivery location. The location of a delivery in accordance with section 504, subsection 9 ; and [PL 2023, c. 408, §16 (NEW).]

3. Permitted premises. The permitted premises for a specified event in accordance with section 504‑A . [PL 2023, c. 408, §16 (NEW).]

All transportation of adult use cannabis and adult use cannabis products must be documented by the licensee or an employee of the licensee in accordance with rules adopted by the office. [PL 2023, c. 679, Pt. B, §103 (AMD).]
28-B M.R.S. § 504-A — ME Code / Title 28-B / Chapter 1 / Section 504-A
28-B §504-A. Specified event sales
Status: in_force

Notwithstanding any provision of law to the contrary, the office shall issue a specified event permit to a cannabis store to sell adult use cannabis and adult use cannabis products on the permitted premises for a specified event in accordance with the requirements of this section. Transportation of adult use cannabis and adult use cannabis products between the licensed premises and the permitted premises for a specified event is subject to the requirements of section 505 . A cannabis store authorized to sell adult use cannabis and adult use cannabis products under this section is subject to the provisions of section 504. [PL 2023, c. 679, Pt. B, §96 (AMD).]

1. Permit application. At least 30 days prior to a specified event, a cannabis store seeking authorization to sell adult use cannabis and adult use cannabis products at a specified event shall submit a permit application, on a form issued by the office, and a nonrefundable $200 permit application fee to the office. The application must include or be appended with: A. Proof of approval, in accordance with subsection 2 , from the municipality where the specified event will occur to sell adult use cannabis or adult use cannabis products at the specified event; [PL 2023, c. 408, §7 (AMD).] B. The location and description of the specified event, including the date of the event, the date the cannabis store intends to sell adult use cannabis and adult use cannabis products and the name and description of the organization sponsoring the event; [PL 2023, c. 408, §7 (AMD).] C. If the specified event is held on private property, the written permission of the property owner for the cannabis store to sell adult use cannabis and adult use cannabis products on the property; [PL 2023, c. 408, §7 (AMD).] D. A description of the adult use cannabis and adult use cannabis products the cannabis store intends to sell at the specified event; [PL 2023, c. 408, §7 (NEW).] E. The number of cannabis store employees required to work at the specified event; [PL 2023, c. 408, §7 (NEW).] F. A diagram and description of the permitted premises for the specified event; and [PL 2023, c. 408, §7 (NEW).] G. As applicable, a diagram and description of the security measures the cannabis store intends to implement on the permitted premises for the specified event to prevent unauthorized access to adult use cannabis and adult use cannabis products, including access by persons under 21 years of age. [PL 2023, c. 408, §7 (NEW).] [PL 2023, c. 679, Pt. B, §97 (AMD).]

1-A. Permit issuance. Within 14 calendar days of receipt of a permit application that meets the requirements of subsection 1 , the office shall review the application and issue a specified event permit to the cannabis store or deny the application for good cause in accordance with section 206, subsection 2 . [PL 2023, c. 679, Pt. B, §98 (AMD).]

2. Municipal approval. At least 45 days prior to a specified event, a cannabis store shall submit a request for municipal approval to the municipality where the specified event will occur. The cannabis store shall include in the request the information required under subsection 1, paragraphs B to G and any other information or fee required by the municipality. The municipality may restrict the sale of certain adult use cannabis or adult use cannabis products at the specified event. Proof of municipal approval required under subsection 1, paragraph A must be in a form approved by a municipal official or the municipal legislative body of the municipality where the specified event will occur. As used in this subsection, "municipal official" and "municipal legislative body" have the same meanings as in Title 30‑A, section 2001 . Local authorization for the operation of a cannabis establishment within a municipality, pursuant to section 401 , is not required for a municipality to approve a specified event permit. A. [PL 2023, c. 408, §9 (RP).] B. [PL 2023, c. 408, §9 (RP).] C. [PL 2023, c. 408, §9 (RP).] D. [PL 2023, c. 408, §9 (RP).] [PL 2023, c. 408, §9 (RPR).]

3. Limitations. A cannabis store issued a specified event permit under this section may sell adult use cannabis and adult use cannabis products at a specified event only as authorized under the permit. A specified event permit issued by the office under this section for a specified event may not authorize: A. Sales at the specified event for a period greater than the duration of the event; [PL 2021, c. 735, §1 (NEW).] B. Sales anywhere other than on the permitted premises for the specified event; or [PL 2023, c. 408, §10 (AMD).] C. The consumption of adult use cannabis or adult use cannabis products on the permitted premises for the specified event. [PL 2023, c. 408, §10 (AMD).] D. [PL 2023, c. 408, §10 (RP).] [PL 2023, c. 679, Pt. B, §99 (AMD).]

4. Conditions. Sales of adult use cannabis and adult use cannabis products under a specified event permit are subject to the following conditions. A. A cannabis store shall conduct all sales in a tent or similar structure with a single point of entry into the tent or structure to view or purchase adult use cannabis or adult use cannabis products. [PL 2023, c. 408, §11 (AMD).] B. A cannabis store shall verify that a person entering the tent or structure is at least 21 years of age in the same manner as required under section 504, subsection 4 . [PL 2023, c. 408, §11 (AMD).] C. A cannabis store shall provide signs notifying customers that adult use cannabis and adult use cannabis products may not be consumed on the permitted premises of the specified event. [PL 2023, c. 408, §11 (AMD).] D. A cannabis store shall ensure that all adult use cannabis and adult use cannabis products are secured when not under the direct control and supervision of the cannabis store or the cannabis store's employee. [PL 2023, c. 408, §11 (AMD).] E. A cannabis store shall record all sales conducted at the specified event using a video recording device in a manner that captures, to the extent practicable, only the individual making the purchase. The recording must be retained by the cannabis store for 45 days, and the cannabis store shall make it available for inspection at the office's request. [PL 2023, c. 679, Pt. B, §100 (AMD).] [PL 2023, c. 679, Pt. B, §100 (AMD).]

5. Guidance. The office shall develop and publish on a publicly accessible website guidance documents to assist cannabis stores in applying for a specified event permit under this section and to establish best practices for conducting sales of adult use cannabis and adult use cannabis products at a specified event. [PL 2023, c. 679, Pt. B, §101 (AMD).]

5-A. Suspension or revocation. On the office's own initiative or upon complaint and after investigation, the office, by written order, may for good cause as described in section 206, subsection 2 suspend or revoke a specified event permit issued to a cannabis store. The office shall revoke a specified event permit if: A. Municipal approval granted in accordance with subsection 2 is revoked by the municipality; or [PL 2023, c. 408, §13 (NEW).] B. As applicable, the owner of the property where the specified event will occur revokes the property owner's written permission required under subsection 1, paragraph C . [PL 2023, c. 408, §13 (NEW).] [PL 2023, c. 679, Pt. B, §102 (AMD).]

6. Rulemaking. [PL 2023, c. 408, §14 (RP).]

7. Effective date. [PL 2023, c. 408, §15 (RP).]
28-A M.R.S. § 2506 — ME Code / Title 28-A / Part 8 / Chapter 100 / Section 2506
28-A §2506. Negligent service of liquor; liability
Status: in_force

1. Negligent service to a minor. A server who negligently serves liquor to a minor is liable for damages proximately caused by that minor's consumption of the liquor. [PL 1987, c. 45, Pt. A, §4 (NEW).]

2. Negligent service to a visibly intoxicated individual. A server who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual's consumption of the liquor. [PL 1987, c. 45, Pt. A, §4 (NEW).]

3. Negligent conduct. Service of liquor to a minor or to an intoxicated individual is negligent if the server knows or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated. [PL 1987, c. 45, Pt. A, §4 (NEW).]

4. Server's knowledge of individual's consumption. A server is not chargeable with knowledge of an individual's consumption of liquor or other drugs off the server's premises, unless the individual's appearance and behavior, or other facts known to the server, would put a reasonable and prudent person on notice of such consumption. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-A M.R.S. § 752 — ME Code / Title 28-A / Part 3 / Chapter 31 / Section 752
28-A §752. Wholesale licensee to keep records
Status: in_force

1. Records to be kept. Every wholesale licensee shall keep records for 2 years: A. Showing that all sales and purchases are in accordance with the law relating to cash or check sales; and [PL 1987, c. 342, §50 (AMD).] B. Including detailed accounts of all its transactions with breweries, wineries, other wholesalers and retailers. [PL 2021, c. 658, §113 (AMD).] [PL 2021, c. 658, §113 (AMD).]

2. Manner in which records to be kept. The wholesale licensee shall keep the records in its principal licensed establishment. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-B M.R.S. § 403 — ME Code / Title 28-B / Chapter 1 / Section 403
28-B §403. Local authorization of cannabis establishments within towns, plantations and townships in the unorganized and deorganized areas
Status: in_force

1. Request for local authorization to operate cannabis establishment in town, plantation or township in unorganized and deorganized areas prohibited unless generally allowed by town or plantation or by county commissioners on behalf of township. A person seeking to operate a cannabis establishment within a town, plantation or township located within the unorganized and deorganized areas may not request local authorization pursuant to subsection 3 to operate the cannabis establishment and the town, plantation or, in the case of a township, the county commissioners of the county in which the township is located may not accept as complete the person's request for local authorization unless: A. In the case of a town or plantation, the legislative body of the town or plantation has voted to allow some or all types of cannabis establishments within the town or plantation, including the type of cannabis establishment the person seeks to operate and the person has been issued by the office a conditional license to operate the cannabis establishment pursuant to section 205, subsection 3 ; or [PL 2023, c. 679, Pt. B, §56 (AMD).] B. In the case of a township, the county commissioners of the county in which the township is located have voted to allow some or all types of cannabis establishments within the township, including the type of cannabis establishment the person seeks to operate and the person has been issued by the office a conditional license to operate the cannabis establishment pursuant to section 205, subsection 3 . [PL 2023, c. 679, Pt. B, §56 (AMD).] [PL 2023, c. 679, Pt. B, §56 (AMD).]

2. Minimum authorization criteria. The Maine Land Use Planning Commission may not certify to the office local authorization of a cannabis establishment within a town, plantation or township located within the unorganized and deorganized areas pursuant to subsection 3 if: A. The cannabis establishment is proposed to be located within 1,000 feet of the property line of a preexisting public or private school, except that, if the Maine Land Use Planning Commission prohibits the location of cannabis establishments within a town, plantation or township at distances less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that lesser distance applies. For the purposes of this paragraph, "school" has the same meaning as in section 402, subsection 2, paragraph A ; or [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The person requesting local authorization to operate the cannabis establishment fails to demonstrate possession or entitlement to possession of the proposed licensed premises of the cannabis establishment pursuant to a lease, rental agreement or other arrangement for possession of the premises or by virtue of ownership of the premises. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 679, Pt. B, §57 (AMD).]

3. Local authorization required for operation of cannabis establishment in town, plantation or township in unorganized and deorganized areas. A person may not operate a cannabis establishment within a town, plantation or township located within the unorganized and deorganized areas unless: A. The legislative body of the town or plantation has voted to allow some or all types of cannabis establishments within the town or plantation, including that type of cannabis establishment, or, in the case of a township, the county commissioners of the county in which the township is located have voted to allow some or all types of cannabis establishments within the township, including that type of cannabis establishment; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The person has obtained all applicable local approvals, permits or licenses not relating to land use planning and development that are required for the operation of the cannabis establishment by the town, plantation or, in the case of a township, the county commissioners of the county in which the township is located; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] C. The person has obtained all applicable approvals, permits or licenses relating to land use planning and development that are required by the Maine Land Use Planning Commission for the development and operation of the cannabis establishment; and [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] D. The person has been issued by the office an active license to operate the cannabis establishment pursuant to section 205, subsection 4 . [PL 2023, c. 679, Pt. B, §58 (AMD).] The town, plantation or, in the case of a township, the county commissioners of the county in which the township is located, shall certify to the Maine Land Use Planning Commission that the person has obtained all applicable local approvals, permits or licenses not relating to land use planning and development as required under paragraph B . The Maine Land Use Planning Commission may certify to the office a person's compliance with the requirements of paragraphs B and C on the form prepared and furnished by the office pursuant to section 205, subsection 4, paragraph B . [PL 2023, c. 679, Pt. B, §§58, 59 (AMD).]

4. Failure to act on request for local authorization. This subsection governs a failure to act on a request for local authorization by a town or a plantation or, in the case of a township, by the county commissioners of the county in which the township is located, or by the Maine Land Use Planning Commission. A. If a town or plantation whose legislative body has voted to allow some or all types of cannabis establishments within the town or plantation fails to act on a person's request for local authorization under subsection 3, paragraph B , the town or plantation's failure to act does not satisfy the local authorization requirement of subsection 3, paragraph B . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. If the county commissioners of the county in which a township is located, who have voted to allow some or all types of cannabis establishments within the township, fail to act on a person's request for local authorization under subsection 3, paragraph B , the county commissioners' failure to act does not satisfy the local authorization requirement of subsection 3, paragraph B . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] C. If the Maine Land Use Planning Commission fails to act on a person's request for local authorization under subsection 3, paragraph C , the commission's failure to act does not satisfy the local authorization requirement of subsection 3, paragraph C . [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

5. Appeal of failure to act on request for local authorization. This subsection governs the appeal of a failure to act on a request for local authorization by a town or a plantation or, in the case of a township, by the county commissioners of the county in which the township is located, or by the Maine Land Use Planning Commission. A. If a town or plantation whose legislative body has voted to allow some or all types of cannabis establishments within the town or plantation fails to act on a person's request for local authorization under subsection 3, paragraph B within 90 days after the date the person submitted the request to the town or plantation, the request is deemed denied and the denial constitutes a final government action that may be appealed to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure, except that, if the town or plantation notifies the person in writing prior to the expiration of the 90-day period that the request cannot be processed prior to the expiration of the 90-day period, the request is deemed denied and the denial constitutes a final government action only if the town or plantation fails to act on the request within 180 days after the date the person submitted the request to the town or plantation. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. If the county commissioners of the county in which a township is located, who have voted to allow some or all types of cannabis establishments within the township, fail to act on a person's request for local authorization under subsection 3, paragraph B within 90 days after the date the person submitted the request to the county commissioners, the request is deemed denied and the denial constitutes a final government action that may be appealed to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure, except that, if the county commissioners notify the person in writing prior to the expiration of the 90-day period that the request cannot be processed prior to the expiration of the 90-day period, the request is deemed denied and the denial constitutes a final government action only if the county commissioners fail to act on the request within 180 days after the date the person submitted the request to the county commissioners. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] C. If the Maine Land Use Planning Commission fails to act on a person's request for local authorization under subsection 3, paragraph C within 90 days after the date the person submitted the request to the commission, the request is deemed denied and the denial constitutes a final agency action that may be appealed to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure, except that, if the commission notifies the person in writing prior to the expiration of the 90-day period that the request cannot be processed prior to the expiration of the 90-day period, the request is deemed denied and the denial constitutes a final agency action only if the commission fails to act on the request within 180 days after the date the person submitted the request to the commission. [PL 2017, c. 409, Pt. A, §6 (NEW).] [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
28-A M.R.S. § 1652 — ME Code / Title 28-A / Part 4 / Chapter 65 / Section 1652
28-A §1652. Excise tax on malt liquor and wine; deficiency account; credits; refunds
Status: in_force

1. Excise tax on malt liquor. An excise tax is imposed on the privilege of manufacturing and selling malt liquor in the State. Except as provided in subsection 2‑A , the in-state manufacturer or importing wholesale licensee shall pay an excise tax of 35¢ per gallon on all malt liquor manufactured in or imported into the State. [PL 2021, c. 8, §7 (AMD).]

1-A. Excise tax on low-alcohol spirits products and fortified wines. An excise tax is imposed on the privilege of manufacturing and selling low-alcohol spirits products and fortified wines in the State. Except as provided in subsection 2‑A , the in-state manufacturer or importing wholesale licensee shall pay an excise tax of $1.24 per gallon on all low-alcohol spirits products and fortified wines manufactured in or imported into the State. [PL 2021, c. 8, §8 (AMD).]

2. Excise tax on wine; hard cider. An excise tax is imposed on the privilege of manufacturing and selling wine in the State. Except as provided in subsection 2‑A , the 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. A. [PL 1987, c. 623, §16 (RP).] [PL 2021, c. 8, §9 (AMD).]

2-A. Excise tax due; exemption. On the 15th day of each month, every brewery and winery shall pay the excise taxes due on malt liquor, wine and low-alcohol spirits products that that brewery or winery removed from areas required to be bonded by the Federal Government. Malt liquor, wine or low-alcohol spirits products that a brewery or winery removes from areas required to be bonded by the Federal Government for sale to an out-of-state wholesaler for resale in another state or for sale under section 1357 directly to a consumer located in another state are exempt from excise tax under this section. [PL 2021, c. 8, §10 (AMD).]

2-B. Failure to make payments. If a winery or brewery that has not filed an excise tax surety bond fails to make tax payments as required by this section, the bureau may immediately take back its license issued pursuant to section 1355‑A , having the effect of voiding the license. [PL 2011, c. 629, §36 (AMD).]

3. General Fund. The bureau shall immediately deposit all money received under this section to be credited to the General Fund. [PL 1997, c. 373, §137 (AMD).]

4. Excise tax accounts and adjustments. The bureau shall open an excise tax account with each wholesale licensee and each certificate of approval 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, wine or low-alcohol spirits products licensed under section 1355‑A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor, wine or low-alcohol spirits products 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. [PL 1997, c. 373, §138 (AMD).] B. The bureau shall refund all excise tax paid by the wholesale licensee or certificate of approval holder on all malt liquor, wine or low-alcohol spirits products that have 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. [PL 2021, c. 658, §264 (AMD).] 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. [PL 2013, c. 368, Pt. XXXX, §8 (AMD); PL 2013, c. 368, Pt. XXXX, §13 (AFF).] D. Any wholesale licensee selling malt liquor, wine or low-alcohol spirits products 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, wine or low-alcohol spirits products 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, wine or low-alcohol spirits products sold to any ship chandler as long as the malt liquor, wine and low-alcohol spirits products 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, wine and low-alcohol spirits products sold to a licensee registered with the bureau for resale to licensed airlines or to unlicensed airlines for their international flights. [PL 2021, c. 658, §264 (AMD).] [PL 2021, c. 658, §264 (AMD).]

5. Appropriation for substance use disorder prevention and treatment. Notwithstanding any provision of law to the contrary, the amount of funds appropriated from the General Fund to the Department of Health and Human Services for substance use disorder prevention and treatment may not be less than an amount equal to 31% of the excise tax collected or received by the bureau under this section. [PL 2017, c. 407, Pt. A, §114 (AMD).]
28-A M.R.S. § 458 — ME Code / Title 28-A / Part 2 / Chapter 19 / Section 458
28-A §458. Renewal of agency liquor store license; selection of alternate licensee
Status: in_force

1. Application by store. The holder of an agency liquor store license shall apply annually to the bureau for renewal of that license. An application for renewal must be submitted on a form prepared by the bureau. [PL 1997, c. 373, §50 (AMD).]

2. Review by bureau. In reviewing applications for renewal submitted under subsection 1 , the bureau shall consider the following criteria: A. The applicant's sales and inventory of spirits; [PL 2021, c. 658, §73 (AMD).] B. The applicant's sales and inventory of groceries and related items; [PL 1991, c. 782, §1 (NEW).] C. Any changes in the interior selling location of the premises or renovations to the applicant's licensed premises; [PL 1999, c. 34, §1 (AMD).] D. Any customer complaints of poor service against the applicant's store; [PL 1991, c. 782, §1 (NEW).] E. Any violations of liquor laws by the applicant; and [PL 1991, c. 782, §1 (NEW).] F. Records of any bad checks rendered to the commission or bureau. [PL 1997, c. 373, §50 (AMD).] [PL 2021, c. 658, §73 (AMD).]

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 spirits inventory if the changes are not for the purposes of marketing beyond those provided in law or rule or for increasing access by minors but are to address some other spirits placement issue that is within the scope of the person's license. [PL 2021, c. 658, §74 (AMD).]

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 . 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. [PL 2021, c. 658, §75 (AMD).]

4. Purchase of store merchandise by State. If the bureau does not renew the agency liquor store license, the bureau shall purchase from the agency liquor store all resalable spirits held in inventory by the agency liquor store. The purchase price is the cost at which that agency liquor store purchased the spirits from the bureau, minus 10% of that cost. [PL 1997, c. 373, §50 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]

5. Aggrieved applicant. Any agency liquor store licensee aggrieved by a decision of the bureau not to renew an agency liquor store license may appeal the decision by filing an appeal with the District Court and serving a copy of the appeal on the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of notification of the agency liquor store licensee by the bureau that the license will not be renewed. [PL 2001, c. 471, Pt. D, §27 (AMD).]
28-A M.R.S. § 707 — ME Code / Title 28-A / Part 3 / Chapter 29 / Section 707
28-A §707. Licensee not to be indebted, obligated or involved
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Licensee not indebted. Except as provided in subsection 7 , the bureau may not issue any license to or renew the license of a person who is indebted in any manner, directly or indirectly: A. To any other person for liquor; [PL 1987, c. 45, Pt. A, §4 (NEW).] B. To the State for any tax, other than property tax, assessed and considered final under Title 36 that the State Tax Assessor certifies, in accordance with Title 36, section 172 , as remaining unpaid in an amount exceeding $1,000 for a period greater than 15 days after the applicant or licensee has received notice of the finality of that tax; or [PL 2019, c. 659, Pt. F, §1 (AMD).] C. For any contributions assessed and considered final under Title 26, section 1225 , when the Director of Unemployment Compensation certifies that the amount remains unpaid for a period greater than 60 days, after the applicant or licensee has received notice of the finality of that tax. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 2019, c. 659, Pt. F, §1 (AMD); PL 2019, c. 665, §1 (AMD).]

2. (TEXT EFFECTIVE UNTIL 1/01/26) Licensee must not receive anything of value. No licensee or applicant for a license may receive, directly or indirectly, any money, credit, thing of value, indorsement of commercial paper, guarantee of credit or financial assistance of any sort from any person within or without the State, if the person is: A. Engaged, directly or indirectly, in the manufacture, distribution, wholesale sale, storage or transportation of liquor; or [PL 1987, c. 342, §40 (AMD).] B. Engaged in the manufacture, distribution, sale or transportation of any commodity, equipment, material or advertisement used in connection with the manufacture, distribution, wholesale sale, storage or transportation of liquor. [PL 1987, c. 342, §40 (AMD).] Nothing in this subsection prevents an affiliate of a licensee from receiving money for sponsorship of a transportation system for transporting the public or for sponsorship of specific sporting events and cultural events as long as the licensee does not receive any payment or thing of value from the public transportation system or the sporting and cultural events and as long as such an affiliate does not derive any portions of its revenues from the licensee. All sponsorships must have prior written approval of the bureau. The bureau shall adopt rules implementing this paragraph. [PL 1993, c. 730, §30 (AMD).]

2. (TEXT EFFECTIVE 1/01/26) Licensee may not receive or give things of value. A licensee or applicant for a license may not receive, directly or indirectly, from any person within or without the State, cash or gift cards, indorsement of commercial paper, guarantee of credit or financial assistance of any sort or things of value aggregating in an amount that exceeds $750 annually, if the person is: A. Engaged, directly or indirectly, in the manufacture, distribution, wholesale sale, storage or transportation of liquor; or [PL 1987, c. 342, §40 (AMD).] B. Engaged in the manufacture, distribution, sale or transportation of any commodity, equipment, material or advertisement used in connection with the manufacture, distribution, wholesale sale, storage or transportation of liquor. [PL 1987, c. 342, §40 (AMD).] The bureau may not impose a limit on the amount of things of value that are in use by or in the possession of a licensee at any one time, as long as the things of value were given to a licensee within the annual limits established by this subsection. A licensee may not give things of value with the intent to induce a retailer to purchase liquor from the licensee to the exclusion, in whole or in part, of liquor offered for sale by other persons. This subsection does not prevent an affiliate of a licensee from receiving money for sponsorship of a transportation system for transporting the public or for sponsorship of specific sporting events and cultural events as long as the licensee does not receive any payment or thing of value from the public transportation system or the sporting and cultural events and as long as such an affiliate does not derive any portions of its revenues from the licensee. All sponsorships must have prior written approval of the bureau. [PL 2025, c. 230, Pt. C, §1 (AMD); PL 2025, c. 230, Pt. C, §6 (AFF).]

3. Retail licensee; interest in wholesaler or certificate of approval. [PL 2019, c. 665, §2 (RP).]

3-A. Manufacturer or importer; prohibited financial interests. Except as authorized in subsection 7 and sections 707‑A and 1355‑A , a licensed in-state manufacturer, an out-of-state spirits supplier, an out-of-state manufacturer of malt liquor or wine that has been issued a certificate of approval or an out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval may not have any financial interest, direct or indirect, in any: A. Wholesale licensee; or [PL 2019, c. 665, §3 (NEW).] B. Retail licensee. [PL 2019, c. 665, §3 (NEW).] [PL 2019, c. 665, §3 (NEW).]

4. Certificate of approval holder or Maine manufacturer; interest in wholesaler or retail license. [PL 2019, c. 665, §4 (RP).]

4-A. Wholesale licensee; prohibited financial interests. Except as authorized in subsection 7 , a wholesale licensee may not have any financial interest, direct or indirect, in any: A. Licensed in-state manufacturer, out-of-state spirits supplier, out-of-state manufacturer of malt liquor or wine that has been issued a certificate of approval or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval; or [PL 2019, c. 665, §5 (NEW).] B. Retail licensee. [PL 2019, c. 665, §5 (NEW).] [PL 2019, c. 665, §5 (NEW).]

5. Wholesale licensee; interest in certificate of approval holder, Maine manufacturer or retail license. [PL 2019, c. 665, §6 (RP).]

5-A. Retail licensee; prohibited financial interests. Except as authorized in sections 707‑A and 1355‑A , a retail licensee may not have any financial interest, direct or indirect, in any: A. Licensed in-state manufacturer, out-of-state spirits supplier, out-of-state manufacturer of malt liquor or wine that has been issued a certificate of approval or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval; or [PL 2019, c. 665, §7 (NEW).] B. Wholesale licensee. [PL 2019, c. 665, §7 (NEW).] [PL 2019, c. 665, §7 (NEW).]

6. Directors, officers, members and securities. The financial interests prohibited in subsections 3‑A , 4‑A and 5‑A include, but are not limited to, circumstances in which an officer, director, member or holder of the securities of a business entity is also a director, officer, member or holder of the securities of another business entity, except that a minor investment in not more than 1% of the securities of a business entity does not constitute a financial interest prohibited by subsections 3‑A , 4‑A and 5‑A . [PL 2019, c. 665, §8 (AMD).]

7. Exceptions. This section does not prohibit: A. A manufacturer or out-of-state wholesaler from extending the usual and customary credit to a wholesale licensee for the purchase of malt liquor or wine; [PL 2021, c. 8, §1 (AMD).] B. A manufacturer or out-of-state wholesaler from furnishing materials and equipment for the use of a wholesale licensee or the wholesale licensee's employees, including: (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; [PL 2025, c. 230, Pt. C, §2 (AMD).] C. A manufacturer licensed under section 1355‑A from selling and shipping its products to an individual in another state for personal use and not for resale, as long as the sale and shipment are authorized by and conducted in accordance with the requirements of the law of the state where the shipment is delivered; [PL 2025, c. 230, Pt. C, §2 (AMD).] D. A manufacturer, distributor or out-of-state wholesaler from engaging in the bona fide sale of goods to a licensee or applicant for a license, if the amount paid for those goods by the licensee or applicant for a license is of fair market value; or [PL 2025, c. 230, Pt. C, §2 (NEW).] E. A wholesale licensee or certificate of approval holder, including on behalf of a brand the wholesale licensee or certificate of approval holder supplies or manufactures, from entering into a written agreement under section 707‑B with an eligible licensee for: (1) The purchase of advertising space or time on or within the licensed premises, including, but not limited to, physical signage, digital media and naming rights to portions of the venue; (2) The sponsorship of events, event series or designated areas within the venue, including lounges, beverage stations and hospitality zones; and (3) The co-branding or cross-promotion of events in conjunction with the licensee, as long as co-branding or cross-promotion does not result in direct or indirect control over the operations of the licensee. [PL 2025, c. 230, Pt. C, §2 (NEW).] [PL 2025, c. 230, Pt. C, §2 (AMD).]

8. Definitions. For purposes of this section, the following terms have the following meanings. A. [PL 2021, c. 658, §97 (RP).] B. "Out-of-state spirits supplier" means an out-of-state spirits manufacturer that has been issued a certificate of approval under section 1381 or a person that engages in the out-of-state purchase of spirits for resale to the bureau that has been issued a certificate of approval under section 1381 . [PL 2021, c. 658, §98 (RPR).] [PL 2021, c. 658, §§97, 98 (AMD).]

9. Rules. The bureau shall adopt rules implementing this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 230, Pt. C, §3 (NEW).]
28-A M.R.S. § 1403 — ME Code / Title 28-A / Part 3 / Chapter 55 / Section 1403
28-A §1403.  Purchase and sale of malt liquor or wine by wholesale licensee
Status: in_force

1. Purchase of malt liquor or wine by wholesale licensee. A wholesale licensee may not purchase 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 malt liquor or wine from a person other than a person to whom the bureau has issued a certificate of approval under section 1361 . [PL 2021, c. 658, §241 (AMD).]

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. [PL 1997, c. 373, §126 (AMD).]

2. Sale of malt liquor or wine by wholesale licensee. A wholesale licensee may not sell malt liquor or wine that has not been purchased from a certificate of approval holder or a special warehouse storage facility licensed under section 1371 . [PL 2021, c. 658, §241 (AMD).]

3. License revoked if it requires wholesale license to not sell other brands. The District Court shall revoke the license of a wholesale licensee, 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. [PL 2021, c. 658, §241 (AMD).]

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. [PL 1997, c. 373, §127 (AMD).]
28-B M.R.S. § 502 — ME Code / Title 28-B / Chapter 1 / Section 502
28-B §502. Operation of products manufacturing facilities
Status: in_force

A products manufacturing facility must be operated in accordance with the provisions of this section and the rules adopted pursuant to this chapter. [PL 2017, c. 409, Pt. A, §6 (NEW).]

1. Manufacture only for sale or distribution to other licensees. Except as otherwise provided in this section, a products manufacturing facility may manufacture adult use cannabis and adult use cannabis products only for sale or distribution to cannabis stores or other products manufacturing facilities. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

1-A. Manufacture of products not containing cannabis. Notwithstanding subsection 1, a products manufacturing facility licensee that also has a license issued from the Department of Agriculture, Conservation and Forestry pursuant to subsection 10 may manufacture for sale or distribution any products that the facility is authorized to manufacture or distribute pursuant to the provisions of that license, including products that do not contain cannabis, except that a products manufacturing facility licensee is prohibited from extracting hemp as defined in Title 7, section 2231, subsection 1‑A, paragraph D or manufacturing products that contain hemp or ingredients derived from hemp that do not also contain cannabis. Nothing in this subsection may be construed to prohibit a products manufacturing facility licensee from using ingredients derived from hemp in the manufacture of cannabis products. A. A products manufacturing facility licensee that manufactures adult use cannabis and adult use cannabis products within the same facility in which the licensee also manufactures products that do not contain cannabis must comply with all applicable requirements of this chapter and the rules adopted pursuant to this chapter concerning the operation of products manufacturing facilities. [PL 2023, c. 679, Pt. B, §68 (NEW).] B. The following items or areas within the facility may be shared for both the manufacturing of adult use cannabis and adult use cannabis products and the manufacturing of products that do not contain cannabis: (1) Manufacturing-related and nonmanufacturing-related equipment and supplies, except that manufacturing-related equipment and supplies may not be simultaneously used for the manufacturing of adult use cannabis and adult use cannabis products and the manufacturing of products that do not contain cannabis; (2) Manufacturing-related and nonmanufacturing-related supplies or products that do not contain cannabis or cannabis products and the storage areas for those supplies or products; and (3) General office space, bathrooms, entryways and walkways. [PL 2023, c. 679, Pt. B, §68 (NEW).] C. A products manufacturing facility licensee must ensure that: (1) Manufacturing-related equipment and supplies are not simultaneously used for the manufacturing of cannabis and cannabis products and the manufacturing of products that do not contain cannabis; (2) Manufacturing-related equipment is sanitized between the manufacturing of cannabis and cannabis products and the manufacturing of products that do not contain cannabis; (3) Cannabis and cannabis products are kept separate from products that do not contain cannabis; (4) Cannabis and cannabis products are packaged and labeled accurately pursuant to the requirements of this chapter and the rules adopted pursuant to this chapter; (5) Products that do not contain cannabis are packaged and labeled accurately pursuant to the provisions of the license issued by another department to manufacture products that do not contain cannabis; and (6) Any person manufacturing products that do not contain cannabis in a licensed manufacturing facility obtains an individual identification card from the office pursuant to section 106, except that the person is not required to submit to a criminal history record check. [PL 2023, c. 679, Pt. B, §68 (NEW).] [PL 2023, c. 679, Pt. B, §68 (NEW).]

2. Retail sale of adult use cannabis or adult use cannabis products without separate cannabis store license prohibited. A products manufacturing facility may not sell or offer to sell adult use cannabis or adult use cannabis products to consumers unless the products manufacturing facility licensee obtains from the office a separate license to operate a cannabis store and otherwise complies with all applicable requirements under this chapter and the rules adopted pursuant to this chapter concerning the operation of cannabis stores. A products manufacturing facility may not give away adult use cannabis, adult use cannabis products or cannabis plants to a consumer. [PL 2023, c. 679, Pt. B, §69 (AMD).]

3. Cultivation of cannabis without separate cultivation facility license prohibited. A products manufacturing facility shall purchase all cannabis necessary for its manufacturing processes from a cultivation facility and may not engage in the cultivation of cannabis unless the products manufacturing facility licensee obtains from the office a separate license to operate a cultivation facility and otherwise meets all applicable requirements under this chapter and under the rules adopted pursuant to this chapter concerning the operation of cultivation facilities. A products manufacturing facility licensee with a separate license to operate a cultivation facility may share hallways or other common areas with the cultivation facility. [PL 2023, c. 679, Pt. B, §70 (AMD).]

4. Use of shared facility for manufacture of adult use cannabis products and cannabis products for medical use. Subject to the requirements of this subsection and the rules adopted pursuant to this subsection, a products manufacturing facility licensee that is also a registered caregiver or a registered dispensary may manufacture adult use cannabis and adult use cannabis products pursuant to this chapter within the same facility in which the licensee also manufactures cannabis concentrate and cannabis products for medical use pursuant to the Maine Medical Use of Cannabis Act. A products manufacturing facility licensee that shares a facility for products manufacturing with a registered caregiver or registered dispensary pursuant to this subsection must have at least one owner that is the registered caregiver or an owner of the registered dispensary but is not required to have identical ownership. A. A products manufacturing facility licensee that manufactures adult use cannabis and adult use cannabis products within the same facility in which the licensee also manufactures cannabis concentrate and cannabis products for medical use must comply with all applicable requirements of this chapter and the rules adopted pursuant to this chapter concerning the operation of products manufacturing facilities. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The following items or areas within the shared facility may be shared for both the manufacturing of adult use cannabis and adult use cannabis products and the manufacturing of cannabis concentrate and cannabis products for medical use: (1) Manufacturing-related and nonmanufacturing-related equipment, except that manufacturing-related equipment may not be simultaneously used for the manufacturing of adult use cannabis and adult use cannabis products and the manufacturing of cannabis concentrate and cannabis products for medical use; (2) Manufacturing-related and nonmanufacturing-related supplies or products not containing cannabis or cannabis products and the storage areas for those supplies or products; and (3) General office space, bathrooms, entryways and walkways. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] C. [PL 2023, c. 679, Pt. B, §71 (RP).] D. A manufacturing facility licensee must ensure that: (1) Manufacturing‑related equipment is not simultaneously used for the manufacturing of adult use cannabis and adult use cannabis products and the manufacturing of cannabis concentrate and cannabis products for medical use; (2) Adult use cannabis and adult use cannabis products are kept separate from cannabis concentrate and cannabis products for medical use; and (3) Cannabis and cannabis products are packaged and labeled accurately pursuant to the requirements of this chapter and the rules adopted pursuant to this chapter and the Maine Medical Use of Cannabis Act. [PL 2023, c. 679, Pt. B, §71 (NEW).] [PL 2023, c. 679, Pt. B, §71 (AMD).]

5. Sampling by employees. A products manufacturing facility licensee and its employees may sample adult use cannabis and adult use cannabis products manufactured at the licensed premises of the products manufacturing facility for the purposes of product quality control and product research and development only. The licensee may not otherwise allow the consumption of adult use cannabis or adult use cannabis products within the licensed premises. The sampling of adult use cannabis and adult use cannabis products authorized under this subsection may not involve the consumption of cannabis or cannabis products by means of smoking the cannabis or cannabis products. For the purposes of this subsection, "smoking" has the same meaning as in Title 22, section 1541, subsection 6 . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

6. Sampling by other licensees. A products manufacturing facility licensee may provide samples of adult use cannabis and adult use cannabis products manufactured at the licensed premises to another products manufacturing facility licensee or to a cannabis store licensee for business or marketing purposes only. Samples provided by a products manufacturing facility to other licensees under this subsection may not be consumed within the licensed premises of the products manufacturing facility. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

7. Cannabis extraction. Subject to the requirements and restrictions of this subsection, a products manufacturing facility licensee may manufacture cannabis concentrate by cannabis extraction using water, lipids, gases, solvents or other chemicals or chemical processes. A. A products manufacturing facility licensee may engage in cannabis extraction using a solvent or other chemical or chemical process that is not and does not involve an inherently hazardous substance if: (1) The solvent or other chemical or chemical process is listed by the office by rule as approved for use in cannabis extraction; or (2) The products manufacturing facility licensee requests and obtains from the office written approval to engage in cannabis extraction using a solvent or other chemical or chemical process that is not and does not involve an inherently hazardous substance and that is not listed by the office by rule as approved for use in cannabis extraction. The office shall adopt by rule a list of those solvents or other chemicals or chemical processes that are not and do not contain an inherently hazardous substance that the office approves for use in cannabis extraction by products manufacturing facilities. [PL 2023, c. 679, Pt. B, §72 (AMD).] B. A products manufacturing facility licensee may not engage in cannabis extraction involving the use of any inherently hazardous substance unless: (1) The licensee submits to the office a request for approval of the cannabis extraction method the facility plans to engage in that includes a description of the proposed cannabis extraction method and a certification from an industrial hygienist or professional engineer following a review of the facility's storage, preparation, electrical, gas monitoring, fire suppression and exhaust systems; and (2) The office approves in writing the proposed cannabis extraction method. The office, within 14 days of receipt of a request for approval under this paragraph, shall notify the products manufacturing facility licensee in writing whether the request is approved or denied. [PL 2023, c. 679, Pt. B, §72 (AMD).] [PL 2023, c. 679, Pt. B, §72 (AMD).]

8. Compliance with packaging, labeling and health and safety requirements. All adult use cannabis and adult use cannabis products sold or distributed by a products manufacturing facility must meet all applicable packaging, labeling and health and safety requirements of subchapter 7 and the rules adopted pursuant to subchapter 7 . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

9. Compliance with sanitary standards. All areas within the licensed premises of a products manufacturing facility in which adult use cannabis and adult use cannabis products are manufactured must meet all sanitary standards specified in rules adopted by the office. [PL 2023, c. 679, Pt. B, §73 (AMD).]

10. Food establishment license. A products manufacturing facility licensee must obtain a food establishment license from the Department of Agriculture, Conservation and Forestry pursuant to Title 22, chapter 551 for any area within the licensed premises of the products manufacturing facility in which adult use cannabis and adult use cannabis products are manufactured and for which the office requires a products manufacturing facility licensee to obtain a food establishment license. The office shall adopt rules requiring certain areas within the licensed premises of a products manufacturing facility to be licensed as food establishments based upon the types of manufacturing processes conducted within those areas. [PL 2023, c. 679, Pt. B, §74 (AMD).]

11. Refrigeration. A products manufacturing facility licensee shall store and transport in a refrigerated environment all adult use cannabis and adult use cannabis products that require refrigeration to prevent spoilage. The office shall adopt rules regarding the storage and transportation of adult use cannabis and adult use cannabis products that require refrigeration to prevent spoilage. [PL 2023, c. 679, Pt. B, §75 (AMD).]

12. Testing. A products manufacturing facility licensee may test cannabis and cannabis products within its licensed premises for research and development purposes, quality control purposes and health and safety purposes. Testing performed by a products manufacturing facility licensee within its licensed premises is not subject to the requirements for testing facilities under section 503 but does not satisfy the mandatory testing requirements of subchapter 6 . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

13. Tracking. In accordance with the requirements of section 105 , a products manufacturing facility licensee shall track the adult use cannabis it uses in its manufacturing processes from the point the cannabis is delivered or transferred to the products manufacturing facility by a cultivation facility to the point the cannabis or cannabis concentrate or an adult use cannabis product produced using the cannabis or cannabis concentrate is delivered or transferred to another products manufacturing facility, a testing facility or a cannabis store or is disposed of or destroyed. If a products manufacturing facility licensee receives a return of cannabis, cannabis concentrate or an adult use cannabis product from another products manufacturing facility or a cannabis store, the products manufacturing facility licensee shall track the cannabis, cannabis concentrate or adult use cannabis product until transferred, whether in its original form or as a cannabis product, to another products manufacturing facility or a cannabis store or disposed of or destroyed. [PL 2023, c. 396, §7 (AMD).]

14. Return of cannabis plant, flower or trim. Notwithstanding any provision of law to the contrary, a products manufacturing facility licensee may return a cannabis plant, cannabis flower or cannabis trim to a cultivation facility from which the cannabis plant, cannabis flower or cannabis trim was received, as long as the products manufacturing facility licensee tracks the cannabis plant, cannabis flower or cannabis trim until transferred to the cultivation facility and as long as the cultivation facility accepts returns. [PL 2023, c. 396, §8 (NEW).]
28-A M.R.S. § 163 — ME Code / Title 28-A / Part 1 / Chapter 7 / Section 163
28-A §163. B.Y.O.B. function permit
Status: in_force

1. Permit required. A person may not hold a B.Y.O.B. function unless a permit is obtained from the bureau. The bureau may issue a permit that authorizes multiple B.Y.O.B. functions over a period of 12 months as long as the B.Y.O.B. functions are held at the same location. [PL 2015, c. 106, §1 (AMD).]

2. Application. A person must apply for a B.Y.O.B. function permit at least 24 hours prior to the proposed B.Y.O.B. function. The application must be on forms provided by the bureau and must be accompanied by a permit fee of $10 for each day the function is to be held. The application must be signed by the B.Y.O.B. sponsor and must contain the following information: A. Name and address of each person responsible for the B.Y.O.B. function; [PL 1993, c. 266, §5 (NEW).] B. The date and the beginning and ending time of the B.Y.O.B. function; [PL 1993, c. 266, §5 (NEW).] C. The location where the B.Y.O.B. function is to be held; [PL 1993, c. 266, §5 (NEW).] D. The seating capacity of the location; [PL 1993, c. 266, §5 (NEW).] E. Written approval of the municipal officers or a municipal official designated by the municipal officers, for the B.Y.O.B. function to be held at the location within the municipality; and [PL 1993, c. 266, §5 (NEW).] F. Proof that the B.Y.O.B. sponsor is at least 21 years of age. [PL 1993, c. 266, §5 (NEW).] [PL 1997, c. 373, §36 (AMD).]

3. Charges and fees. Charges paid by the general public for admission, food, mixers or other supplies used with liquor or storage or handling of liquor that belongs to the general public are not sales or gifts. [PL 1993, c. 266, §5 (NEW).]

4. Minors prohibited at B.Y.O.B. function. The B.Y.O.B. sponsor may not allow any minor not employed by the B.Y.O.B. sponsor or not accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002 , to remain at the premises of a B.Y.O.B. function. A B.Y.O.B. sponsor may employ a minor only if the sponsor is present in a supervisory capacity. [PL 1993, c. 266, §5 (NEW).]

5. Possession or consumption by minors. A B.Y.O.B. sponsor may not allow a minor to possess or consume liquor or imitation liquor on the premises of the B.Y.O.B. function. [PL 1993, c. 266, §5 (NEW).]

6. Consumption by intoxicated persons. A B.Y.O.B. sponsor may not allow a visibly intoxicated person to consume liquor on the premises of the B.Y.O.B. function. [PL 1993, c. 266, §5 (NEW).]

7. Violation of the state law. A B.Y.O.B. sponsor may not knowingly allow any violation of any state law on the premises of the B.Y.O.B. function. [PL 1993, c. 266, §5 (NEW).]

8. Right of access. A B.Y.O.B. sponsor shall allow a law enforcement officer to enter the premises of the B.Y.O.B. function at reasonable times for the purpose of investigating compliance with this Title. Entry into the premises must be conducted in a reasonable manner so as not to disrupt the operation of the B.Y.O.B. function. The investigation must be limited to those areas involved in the actual operation of the B.Y.O.B. function, including storage areas. [PL 1993, c. 266, §5 (NEW).]

9. Violations. The following penalties apply to violations of this section. A. A B.Y.O.B. sponsor that violates this section commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged. [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A B.Y.O.B. sponsor that violates this section 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. [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A B.Y.O.B. sponsor that violates this section after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. P, §2 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
28-A M.R.S. § 1061-A — ME Code / Title 28-A / Part 3 / Chapter 43 / Section 1061-A
28-A §1061-A. Bed and breakfasts
Status: in_force

1. Issuance of licenses. The bureau may issue to a bed and breakfast, as defined in section 2, subsection 15, paragraph B‑2 , a license under this section for the sale of spirits, wine and malt liquor to be consumed on the premises. [PL 1993, c. 730, §41 (NEW).]

2. Service restricted. [PL 1999, c. 236, §4 (RP).]
28-A M.R.S. § 221 — ME Code / Title 28-A / Part 1 / Chapter 11 / Section 221
28-A §221. Entertainment districts
Status: in_force

A municipal legislative body may establish by ordinance an entertainment district within the municipality for the purpose of designating the area in which a common consumption area may be located. [PL 2019, c. 281, §5 (NEW).]

An entertainment district ordinance adopted in accordance with this section must: [PL 2019, c. 281, §5 (NEW).]

1. Location of entertainment district. Specify the boundaries of the entertainment district within which a common consumption area may be located and include a map depicting the entertainment district; [PL 2019, c. 281, §5 (NEW).]

2. Common consumption area parameters. Specify the maximum number of acres permitted to be within a common consumption area and indicate whether a common consumption area may include public or private ways; [PL 2019, c. 281, §5 (NEW).]

3. Hours of operation. Specify the permissible hours of operation of a common consumption area; and [PL 2019, c. 281, §5 (NEW).]

4. Maximum number of licensees. Specify the maximum number of common consumption areas that may be located within the entertainment district and the maximum number of licensed premises that may be licensed to use a single common consumption area. [PL 2019, c. 281, §5 (NEW).]
28-A M.R.S. § 1 — ME Code / Title 28-A / Part 1 / Chapter 1 / Section 1
28-A §1. Compliance required; penalty
Status: in_force

Except as otherwise provided by law, a person that purchases, imports, causes to be imported, transports, causes to be transported, manufactures, possesses, sells or offers for sale alcohol in violation of law commits a Class E crime. [PL 2021, c. 658, §2 (AMD).]
28-A M.R.S. § 2514 — ME Code / Title 28-A / Part 8 / Chapter 100 / Section 2514
28-A §2514. Statute of limitations
Status: in_force

Any action under this Act against a server alleging negligent or reckless conduct must be brought within 2 years after the cause of action accrues. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-A M.R.S. § 2201 — ME Code / Title 28-A / Part 7 / Chapter 91 / Section 2201
28-A §2201. Jurisdiction of courts
Status: in_force

In prosecutions under this Title, except when otherwise expressly provided, the District Court shall have, by complaint, jurisdiction concurrent with the Superior Court. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-A M.R.S. § 1064 — ME Code / Title 28-A / Part 3 / Chapter 43 / Section 1064
28-A §1064. Establishment located at fairgrounds
Status: in_force

Establishments located on fairgrounds operated by agricultural societies or where pari-mutuel racing is conducted, which otherwise meet the definition of a hotel or a restaurant, shall be considered to be a hotel or restaurant for purposes of this Title, even if an admission charge must be paid to gain entrance to the fairgrounds or racing grounds. [RR 2009, c. 2, §78 (COR).]
28-A M.R.S. § 3-B — ME Code / Title 28-A / Part 1 / Chapter 1 / Section 3-B
28-A §3-B. Payments submitted to the bureau
Status: in_force

1. Form of payment. The bureau may accept payment by check, credit card, debit card or electronic funds transfer from a licensee for: A. Purchase of spirits; [PL 2021, c. 658, §38 (AMD).] B. Payment of license fees, application fees, permit fees, excise taxes and premiums; and [PL 2013, c. 476, Pt. A, §4 (NEW).] C. Payment of any other fees or taxes authorized by this Title. [PL 2013, c. 476, Pt. A, §4 (NEW).] [PL 2021, c. 658, §38 (AMD).]

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 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. [PL 2021, c. 658, §39 (AMD).]

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 wholesale spirits provider. [PL 2021, c. 658, §40 (AMD).]
28-A M.R.S. § 90 — ME Code / Title 28-A / Part 1 / Chapter 3-A / Section 90
28-A §90. Contract for wholesale spirits activities and marketing
Status: reserved

1. Statement of purpose. The Legislature finds that it is in the public interest to continue to 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 serves this purpose and provides the State's agency liquor store partners with effective and efficient services in order to responsibly serve consumers of spirits in the State. [PL 2021, c. 592, Pt. A, §1 (RPR).]

2. Contract for spirits administration and trade marketing. Upon the expiration or termination of all contracts for the operation of the State's wholesale spirits business in effect on January 1, 2022, the commissioner shall enter into a single 10-year contract for spirits administration and spirits trade marketing in accordance with the requirements in this section. [PL 2021, c. 592, Pt. A, §1 (RPR).]

3. Competitive bid process. A contract described in subsection 2 must be awarded pursuant to a competitive bid process in a manner consistent with the process described in Title 5, chapter 155, subchapter 1‑A . [PL 2021, c. 592, Pt. A, §1 (RPR).]

4. Request for proposals. The commissioner shall develop a request for proposals for the competitive bid process required under subsection 3 designed to encourage vigorous bidding. The request for proposals must: A. Inform potential bidders of the State's target gross revenue profit margin over the term of the contract; [PL 2021, c. 592, Pt. A, §1 (RPR).] B. Instruct potential bidders to propose the scope of spirits administration and spirits trade marketing services that will be provided and the fee for those services expressed as a percentage of revenue generated by the wholesale business; [PL 2021, c. 592, Pt. A, §1 (RPR).] C. Direct potential bidders to indicate whether subcontractors will be used for any portion of the services described in paragraph B and to identify those subcontractors; [PL 2021, c. 592, Pt. A, §1 (NEW).] D. Inform potential bidders that they may propose incentives intended to encourage responsible growth of revenue and enhanced efficiencies in services provided; and [PL 2021, c. 592, Pt. A, §1 (NEW).] E. Require each bidder to affirm that neither the bidder nor any of the principal officers of the bidder has a direct financial interest in a license or permit in this State or another state for the manufacture of spirits, other than a minor investment in not more than 1% of the securities of a business entity that holds such a license or permit. [PL 2021, c. 592, Pt. A, §1 (NEW).] [PL 2021, c. 592, Pt. A, §1 (RPR).]

5. Information provided by bidder. A bidder seeking consideration of the award of a contract pursuant to this section shall: A. Demonstrate the bidder's knowledge of the wholesale liquor business, the alcoholic beverage industry or a related field as well as the bidder's experience or knowledge, if any, of the responsible marketing of liquor; [PL 2021, c. 592, Pt. A, §1 (RPR).] B. Propose the bidder's marketing strategies and the scope of the spirits administration services the bidder will provide as well as the fee for those strategies and services expressed as a percentage of revenue generated by the wholesale business; [PL 2021, c. 592, Pt. A, §1 (RPR).] C. Identify the strategies and services proposed in paragraph B for which the bidder may use a subcontractor and identify those subcontractors; [PL 2021, c. 592, Pt. A, §1 (RPR).] D. Demonstrate the bidder's financial capacity and access to capital to maintain the strategies and services proposed in paragraph B ; [PL 2021, c. 592, Pt. A, §1 (RPR).] E. Demonstrate the bidder's capabilities for providing transportation and distribution of spirits to agency liquor stores, which must include: (1) Delivery vehicles with the appropriate capacity to deliver spirits to the full range of agency liquor stores, including both large and small stores; (2) Drivers with the requisite driver's license credentials to drive all sizes of delivery vehicles; (3) The ability to make deliveries to agency liquor stores on at least 250 days per year; and (4) The ability to provide the minimum number of deliveries established in the request for proposals per week to each store, which may not be less than 2; [PL 2021, c. 592, Pt. A, §1 (RPR).] F. Demonstrate the bidder's warehousing capacity and ability to expand its warehousing capacity over the term of the contract. The bidder shall propose bailment rates and related fees that the bidder proposes to charge spirits suppliers; [PL 2021, c. 592, Pt. A, §1 (RPR).] G. Describe the bidder's information technology capabilities, which must include methods for processing orders and invoices, inventory management and sales data analysis; [PL 2021, c. 592, Pt. A, §1 (NEW).] H. Describe the bidder's plan for enhancing services to spirits suppliers and agency liquor stores; [PL 2021, c. 592, Pt. A, §1 (NEW).] I. Describe the bidder's business plan to provide services in a manner that will assist the State in achieving a responsible growth rate for the wholesale spirits business; [PL 2021, c. 592, Pt. A, §1 (NEW).] J. Demonstrate the positive impact on the economy, employment and state revenues that the bidder's overall proposal will provide; [PL 2021, c. 592, Pt. A, §1 (NEW).] K. Demonstrate that the bidder, any principal officer of the bidder and any named subcontractor have not been found to have violated any state or federal law or rule governing the manufacture, distribution or sale of spirits; and [PL 2021, c. 592, Pt. A, §1 (NEW).] L. Affirm that neither the bidder nor any of the principal officers of the bidder has a direct financial interest in a license or permit in this State or another state for the manufacture of spirits, other than a minor investment in not more than 1% of the securities of a business entity that holds such a license or permit. [PL 2021, c. 592, Pt. A, §1 (NEW).] In addition to the requirements of paragraphs A to L , the commissioner, in order to ensure that the objective of maximizing growth in the State's wholesale spirits business is achieved, may require a bidder 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. [PL 2021, c. 592, Pt. A, §1 (RPR).]

6. Award criteria and issuance of contract. 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 5 . The commissioner may not award the contract to a bidder 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 manufacture spirits. A minor investment in not more than 1% of the securities of a business entity that holds a license or permit in this State or another state to manufacture spirits does not constitute a financial interest prohibited by this subsection. The commissioner shall ensure that the following criteria are met before entering into a contract: A. That revenue to the State from the sale of spirits is predictable over the term of the contract; [PL 2021, c. 592, Pt. A, §1 (RPR).] B. That revenue from the sale of spirits will be maximized by the issuance of the contract and achieved through efficiency of services; [PL 2021, c. 592, Pt. A, §1 (RPR).] C. That the bidder has demonstrated that services provided to agency liquor stores will be enhanced; and [PL 2021, c. 592, Pt. A, §1 (RPR).] D. That, upon execution of the contract, the disruption of services to agency liquor stores and spirits suppliers will be minimal or absent. [PL 2021, c. 592, Pt. A, §1 (NEW).] [PL 2021, c. 592, Pt. A, §1 (RPR).]

7. Mandatory contract provisions. A contract entered into with a successful bidder in accordance with this section must: A. Require that the person awarded the contract submit to the bureau, in a manner 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; [PL 2021, c. 592, Pt. A, §1 (NEW).] B. 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; [PL 2021, c. 592, Pt. A, §1 (NEW).] C. 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: (1) Working in partnership with the State to achieve the goal of a responsible growth rate for the wholesale spirits business as negotiated with the successful bidder at the time of award; (2) Transparency in annual reporting and conformance to the reporting requirements established in consultation with the successful bidder throughout the term of the contract by the bureau; and (3) Responsiveness to the service needs of agency liquor stores; [PL 2021, c. 592, Pt. A, §1 (NEW).] D. Include provisions establishing standards of efficiency and quality of operations; and [PL 2021, c. 592, Pt. A, §1 (NEW).] E. Require that the bureau approve all bailment rates and related fees. [PL 2021, c. 592, Pt. A, §1 (NEW).] [PL 2021, c. 592, Pt. A, §1 (RPR).]

8. Extension. The commissioner and a successful bidder awarded a contract under this section may agree to a single extension of the existing terms of the contract for a period of no more than 3 years following the end of the original 10-year contract term. [PL 2021, c. 592, Pt. A, §1 (NEW).]

9. Price regulation. Notwithstanding any other provision of this section to the contrary, the State shall regulate the wholesale and retail prices of all spirits sold in the State. [PL 2021, c. 592, Pt. A, §1 (NEW).]
28-A M.R.S. § 460 — ME Code / Title 28-A / Part 2 / Chapter 19 / Section 460
28-A §460. Agency liquor store taste testing of spirits
Status: in_force

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. An agency liquor store may not allow any other consumption of liquor on the agency liquor store's premises, except as permitted under section 1206 . [PL 2021, c. 658, §77 (AMD).]

2. Conditions for conducting taste-testing events. The conditions under this subsection apply to taste-testing events under this section. A. Spirits may not be served to persons who have not yet attained 21 years of age. [PL 2019, c. 79, §1 (AMD).] B. 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; and, 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. [PL 2019, c. 79, §1 (AMD).] C. Spirits must be dispensed using a standard measuring device. [PL 2019, c. 79, §1 (AMD).] D. [PL 2019, c. 79, §1 (RP).] E. A person may not be charged a fee for any spirits served as part of a taste-testing event. [PL 2019, c. 79, §1 (AMD).] F. A person may not be served who is visibly intoxicated. [PL 2009, c. 459, §1 (NEW).] G. A taste‑testing event must be limited to a designated area. [PL 2019, c. 79, §1 (AMD).] H. A taste‑testing event must be conducted within the hours of retail sale established in this Title. [PL 2019, c. 79, §1 (AMD).] I. [PL 2019, c. 79, §1 (RP).] J. The agency liquor store may conduct an unlimited number of taste‑testing events per month. If the agency liquor store complies with the applicable requirements of sections 1205 and 1207 , the agency liquor store may offer wine and malt liquor for tasting at the same time as spirits. [PL 2021, c. 131, §1 (AMD).] K. A taste‑testing event is not allowed in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5 . [PL 2019, c. 79, §1 (AMD).] L. [PL 2019, c. 79, §1 (RP).] M. [PL 2015, c. 184, §2 (RP).] M-1. [PL 2023, c. 349, §1 (RP).] M-2. Spirits served at a taste‑testing event must be: (1) Provided by the agency liquor store; (2) Purchased, at the retail price, by a licensed sales representative participating in the taste-testing event from existing stock available for purchase at the agency liquor store; or (3) Provided by a licensed sales representative participating in the taste-testing event or a spirits supplier, including those licensed under section 1355‑A , participating in the taste-testing event and purchased in the State at the retail price. A record of the transaction under this subparagraph must be maintained and made available to the bureau. After the taste-testing event is concluded, the licensed sales representative or spirits supplier shall remove all products supplied for the taste‑testing event from the licensee's premises. [PL 2023, c. 349, §2 (NEW).] N. 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. [PL 2013, c. 368, Pt. V, §33 (AMD).] O. An agency liquor store, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the agency liquor store'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 N . [PL 2009, c. 510, §3 (NEW).] 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 or by the spirits supplier. [PL 2021, c. 658, §78 (NEW).] [PL 2023, c. 349, §§1, 2 (AMD).]

2-A. Written permission from the bureau. An agency liquor store must obtain the written permission of the bureau before conducting a taste‑testing event using the following procedure. A. The agency liquor store shall request authority to conduct a taste‑testing event using forms prescribed by the bureau. [PL 2019, c. 79, §1 (NEW).] B. The agency liquor store may submit a separate form for each taste‑testing event or a single form listing some or all of the taste‑testing events the agency liquor store requests authority to conduct in a calendar month under this section, section 1205 and section 1207 . [PL 2019, c. 79, §1 (NEW).] C. The request must indicate the date and time for each taste‑testing event and the liquor product or products that will be offered at each event. [PL 2019, c. 79, §1 (NEW).] D. [PL 2021, c. 658, §79 (RP).] [PL 2021, c. 658, §79 (AMD).]

3. Rules. The bureau may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 476, Pt. A, §17 (AMD).]
28-A M.R.S. § 354 — ME Code / Title 28-A / Part 2 / Chapter 15 / Section 354
28-A §354. Sales to minors or intoxicated persons
Status: in_force

An agency liquor store may not sell liquor to a minor or to a visibly intoxicated person. [PL 2013, c. 476, Pt. A, §15 (AMD).]
28-A M.R.S. § 161-B — ME Code / Title 28-A / Part 1 / Chapter 7 / Section 161-B
28-A §161-B. Local approval of bottle clubs
Status: in_force

1. Application to local authorities. Prior to registration with the bureau under section 161 , an owner or operator of a bottle club must apply to the municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated place is located, for permission to operate the bottle club or for transfer of location of an existing bottle club. The bureau shall prepare and supply application forms. [PL 1995, c. 462, Pt. D, §4 (AMD).]

2. Hearings. The municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated place is located shall hold a public hearing for the consideration of applications for new bottle clubs and applications for transfer of location of existing bottle clubs. The municipal officers or the county commissioners shall provide public notice of a hearing held under this section. The notice, at the applicant's prepaid expense, must state the name and place of the hearing and must appear for at least 3 consecutive days before the date of the hearing in a daily newspaper having general circulation in the municipality or unincorporated place where the bottle club is located or for 2 consecutive weeks before the hearing date in a weekly newspaper having general circulation in the municipality or unincorporated place where the bottle club is located. [PL 1995, c. 140, §3 (NEW).]

3. Findings. In granting or denying an application, the municipal officers or the county commissioners shall indicate the reasons for their decision and provide a copy to the applicant. An application may be denied on one or more of the following grounds: A. Conviction of the applicant of any Class A, Class B or Class C crime; [PL 1995, c. 140, §3 (NEW).] B. Noncompliance of the bottle club with any local zoning ordinance or other land use ordinance not related directly to liquor control; [PL 1995, c. 140, §3 (NEW).] C. Conditions of record such as waste disposal violations, health or safety violations or repeated parking or traffic violations on or in the vicinity of the bottle club and caused by persons patronizing or employed by the bottle club or other such conditions that unreasonably disturb, interfere with or affect the ability of persons or businesses residing or located in the vicinity of the bottle club to use their property in a reasonable manner; [PL 1995, c. 140, §3 (NEW).] D. Repeated incidents of record of breaches of the peace, disorderly conduct, vandalism or other violations of law at or in the vicinity of the bottle club and caused by persons patronizing or employed by the bottle club; [PL 1995, c. 140, §3 (NEW).] E. A violation of any provision of this Title; [PL 1995, c. 140, §3 (NEW).] F. In the case of corporate applicants, ineligibility or disqualification under section 601 of any officer, director or stockholder of the corporation; and [PL 1995, c. 140, §3 (NEW).] G. Location of the bottle club at any amusement area, beach or other area designed primarily for use by minors. [PL 1995, c. 140, §3 (NEW).] [PL 1995, c. 140, §3 (NEW).]

4. Appeal to bureau. Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the bureau. The bureau shall hold a public hearing in the city, town or unincorporated place where the premises are situated. In acting on such an appeal, the bureau may consider all of the requirements referred to in subsection 3 . A. If the decision appealed is approval of the application, the bureau may reverse the decision if it was arbitrary or based on an erroneous finding. [PL 1995, c. 462, Pt. D, §4 (AMD).] B. If the decision appealed is denial of the application, the bureau may reverse the decision and register the bottle club under section 161 only if it finds by clear and convincing evidence that the decision was without justifiable cause. [PL 1995, c. 462, Pt. D, §4 (AMD).] [PL 1995, c. 462, Pt. D, §4 (AMD).]

5. Appeal to Superior Court. Any person or governmental entity aggrieved by a bureau decision under this section may appeal the decision to the Superior Court. [PL 1995, c. 462, Pt. D, §4 (AMD).]
28-A M.R.S. § 1005 — ME Code / Title 28-A / Part 3 / Chapter 41 / Section 1005
28-A §1005. Class IV licenses
Status: in_force

1. Types of liquor which may be sold. A Class IV licensee may sell malt liquor to be consumed on the premises where sold. [PL 1987, c. 45, Pt. A, §4 (NEW).]

2. Fees. The fees for a Class IV license are as follows: A. Full-time (one year)...............$220. [PL 1993, c. 410, Pt. ZZ, §10 (AMD).] B. [PL 1993, c. 410, Pt. ZZ, §10 (RP).] C. [PL 1987, c. 342, §63 (RP).] D. [PL 1993, c. 410, Pt. ZZ, §10 (RP).] [PL 1993, c. 410, Pt. ZZ, §10 (AMD).]

3. Eligible premises. The following premises are eligible to obtain a Class IV license: A. Airline corporations; [PL 2021, c. 658, §143 (AMD).] B. Auditoriums; [PL 1989, c. 158, §6 (REEN).] B-1. Bowling centers; [PL 1989, c. 244, §5 (NEW).] B-2. Bed and breakfasts; [PL 1993, c. 730, §37 (NEW).] C. Civic auditoriums; [PL 1987, c. 45, Pt. A, §4 (NEW).] D. Class A restaurants; [PL 1987, c. 45, Pt. A, §4 (NEW).] E. Clubs with catering privileges; [PL 1987, c. 45, Pt. A, §4 (NEW).] E-1. Curling centers; [PL 2021, c. 658, §144 (NEW).] F. [PL 2021, c. 658, §145 (RP).] F-1. Disc golf courses; [PL 2017, c. 17, §5 (NEW).] G. Golf courses; [PL 2017, c. 167, §18 (AMD).] H. Hotels; [PL 1987, c. 45, Pt. A, §4 (NEW).] H-1. Indoor golf centers; [PL 2023, c. 44, §16 (NEW).] I. Indoor ice skating centers; [PL 2021, c. 658, §146 (AMD).] J. Indoor racquet centers; [PL 2021, c. 658, §147 (AMD).] J-1. Outdoor golf centers; [PL 2023, c. 44, §17 (NEW).] K. Outdoor stadiums; [PL 1987, c. 45, Pt. A, §4 (NEW).] L. Performing arts centers; [PL 1987, c. 45, Pt. A, §4 (NEW).] L-1. Pool halls; [PL 1999, c. 760, §3 (NEW).] M. Qualified catering services; [PL 1987, c. 45, Pt. A, §4 (NEW).] M-1. Railroad corporations; [PL 2021, c. 658, §148 (NEW).] N. Restaurants; [PL 1987, c. 45, Pt. A, §4 (NEW).] O. Taverns; and [PL 1987, c. 342, §65 (AMD).] P. [PL 1987, c. 342, §65 (RP).] Q. Vessel corporations. [PL 2021, c. 658, §149 (AMD).] [PL 2023, c. 44, §§16, 17 (AMD).]
28-A M.R.S. § 602 — ME Code / Title 28-A / Part 3 / Chapter 25 / Section 602
28-A §602. Notification of license or certificate of approval expiration
Status: in_force

1. Seven-day grace period upon license or certificate of approval expiration. Except as provided in subsection 3 , a licensee that unintentionally fails to renew 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. [PL 2021, c. 658, §85 (AMD).]

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. [PL 2021, c. 658, §85 (AMD).]

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 or certificate of approval must be charged with illegal sales under section 2078 . [PL 2021, c. 658, §85 (AMD).]
28-A M.R.S. § 85 — ME Code / Title 28-A / Part 1 / Chapter 3-A / Section 85
28-A §85. Inventory and working capital
Status: in_force

1. Net profits are general revenue. [PL 2013, c. 368, Pt. V, §22 (RP).]

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 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. [PL 2021, c. 658, §60 (AMD).]

3. Authorized working capital. [PL 2013, c. 368, Pt. V, §22 (RP).]
28-B M.R.S. § 1502 — ME Code / Title 28-B / Chapter 3 / Section 1502
28-B §1502. Home cultivation of cannabis for personal adult use
Status: in_force

The provisions of this section apply to the home cultivation of cannabis for personal adult use by a person 21 years of age or older, but do not apply to the cultivation of cannabis for medical use by a qualifying patient, a caregiver, a registered caregiver or a registered dispensary as authorized by the Maine Medical Use of Cannabis Act. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2017, c. 452, §37 (REV); PL 2021, c. 669, §5 (REV).]

1. Cultivation of up to 6 mature cannabis plants per person for personal adult use authorized. Subject to the applicable requirements and restrictions of subsections 2 , 3 and 4 , a person 21 years of age or older may cultivate up to 6 mature cannabis plants, up to 12 immature cannabis plants and an unlimited number of seedlings for personal adult use: A. On a parcel or tract of land on which the person is domiciled; [PL 2017, c. 409, Pt. A, §6 (NEW).] B. On a parcel or tract of land owned by the person on which the person is not domiciled; or [PL 2017, c. 409, Pt. A, §6 (NEW).] C. On a parcel or tract of land not owned by the person and on which the person is not domiciled so long as the owner of the parcel or tract of land by written agreement permits the cultivation and care of the cannabis plants on the parcel or tract of land by that person. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] A person may cultivate the cannabis plants and seedlings authorized under this subsection at multiple locations so long as such cultivation activities otherwise meet all requirements and restrictions of this section. [PL 2023, c. 220, §2 (AMD).]

2. Cultivation requirements. A person who cultivates cannabis for personal adult use pursuant to this section shall: A. Ensure that the cannabis is not visible from a public way without the use of aircraft or binoculars or other optical aids; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. Take reasonable precautions to prevent unauthorized access by a person under 21 years of age; [PL 2017, c. 409, Pt. A, §6 (NEW).] C. Attach to each mature cannabis plant and each immature cannabis plant a legible tag that includes the person's name, driver's license number or identification number, a notation that the cannabis plant is being grown for personal adult use as authorized under this section and, if the cultivation is on a parcel or tract of land owned by another person, the name of that owner; and [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] D. Comply with all applicable local regulations relating to the home cultivation of cannabis for personal adult use that have been adopted in accordance with subsection 3 or 4 . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

3. Local regulation of home cultivation of cannabis for personal adult use within municipalities. In accordance with this subchapter and pursuant to the home rule authority granted under the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001 , a municipality may regulate the home cultivation of cannabis for personal adult use within the municipality. A. A municipality may adopt an ordinance or other regulation limiting the total number of mature cannabis plants that may be cultivated on any one parcel or tract of land within the municipality so long as that ordinance or regulation allows for the cultivation of 6 mature cannabis plants, 12 immature cannabis plants and an unlimited number of seedlings by each person 21 years of age or older who is domiciled on a parcel or tract of land. [PL 2023, c. 220, §3 (AMD).] B. A municipality may not generally prohibit the home cultivation of cannabis for personal adult use within the municipality, restrict the areas within the municipality in which home cultivation of cannabis for personal adult use is allowed or charge a license or other fee to a person relating to the home cultivation of cannabis for personal adult use within the municipality. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 220, §3 (AMD).]

4. Local regulation of home cultivation of cannabis for personal adult use within town, plantation or township in unorganized and deorganized areas. In accordance with this subchapter and pursuant to the authority granted under Title 12, chapter 206‑A , the Maine Land Use Planning Commission may regulate the home cultivation of cannabis for personal adult use within a town, plantation or township in the unorganized and deorganized areas. A. The Maine Land Use Planning Commission may limit the total number of mature cannabis plants that may be cultivated on any one parcel or tract of land within a town, plantation or township in the unorganized and deorganized areas so long as that limitation allows for the cultivation of 6 mature cannabis plants, 12 immature cannabis plants and an unlimited number of seedlings by each person 21 years of age or older who is domiciled on a parcel or tract of land. [PL 2023, c. 220, §4 (AMD).] B. The Maine Land Use Planning Commission may not generally prohibit the home cultivation of cannabis for personal adult use within a town, plantation or township in the unorganized and deorganized areas; restrict the areas within the town, plantation or township in which home cultivation of cannabis for personal adult use is allowed; or charge a license or other fee to a person relating to the home cultivation of cannabis for personal adult use within the town, plantation or township. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2023, c. 220, §4 (AMD).]
28-B M.R.S. § 209 — ME Code / Title 28-B / Chapter 1 / Section 209
28-B §209. License renewal
Status: in_force

1. Notification of expiration date. Ninety days prior to the expiration of an existing license issued under section 205, subsection 4 , the office shall notify the licensee of the expiration date and the opportunity for renewal. Except as otherwise provided in this section, a licensee seeking to renew an existing license must file an application for renewal with the office, on forms prepared and furnished by the office, not less than 30 days prior to the date of expiration of the license. [PL 2023, c. 679, Pt. B, §41 (AMD).]

2. Extension for good cause shown; late applications. Notwithstanding subsection 1 , the office may for good cause shown accept an application for renewal of an existing license less than 30 days prior to the date of expiration of the license upon the payment of a late application fee to the office. The office may not accept an application for renewal of a license after the date of expiration of that license. [PL 2023, c. 679, Pt. B, §41 (AMD).]

3. Operation under expired license. A licensee that files an application for renewal of its existing license and pays all required fees under this section prior to the expiration of the license may continue to operate the cannabis establishment under that license notwithstanding its expiration until such time as the office takes final action on the renewal application, except when the office suspends or revokes the license in accordance with the provisions of subchapter 8 prior to taking final action on the renewal application. [PL 2023, c. 679, Pt. B, §41 (AMD).]

4. Expired license; cessation of activity and forfeiture of cannabis and cannabis products. Except as provided in subsection 3 , a person whose license has expired shall immediately cease all activities relating to the operation of the cannabis establishment previously authorized under that license and ensure that all adult use cannabis and adult use cannabis products cultivated, manufactured or otherwise in the possession of the person pursuant to that license are forfeited to the office for destruction in accordance with section 803 . [PL 2023, c. 679, Pt. B, §41 (AMD).]

5. Renewal application process; fees; rules. An applicant seeking renewal of a license to operate a cannabis establishment shall pay to the office a renewal application fee or, if applicable, a late renewal application fee, and shall demonstrate continued compliance with all applicable licensing criteria under this chapter, including, but not limited to, obtaining local authorization as required by section 402, subsection 3, paragraph B or, in the case of a cannabis establishment located in the unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B and C , except that an applicant seeking renewal of a license is not required to submit to a criminal history record check under section 204 unless specifically required to do so by the office. A. The office may not issue an active license to a licensee seeking renewal of a license until the licensee obtains local authorization as required by section 402, subsection 3, paragraph B or, in the case of a cannabis establishment located in the unorganized and deorganized areas, as required by section 403, subsection 3, paragraphs B and C , pays the applicable license fee required under section 207 and meets all other applicable requirements for the issuance of an active license under section 205, subsection 4 . Notwithstanding any provision of this chapter to the contrary, a sample collector licensee is not required to seek local authorization as a condition for renewal of that license by the office but must submit all other information required by the office under this chapter and the rules adopted pursuant to this chapter. [PL 2023, c. 679, Pt. B, §41 (AMD).] B. The office shall by rule set forth requirements for the submission, processing and approval of a renewal application, which must include, but are not limited to, setting of a reasonable renewal application fee and a reasonable late renewal application fee. [PL 2023, c. 679, Pt. B, §41 (AMD).] [PL 2023, c. 679, Pt. B, §41 (AMD).]
28-A M.R.S. § 1201-B — ME Code / Title 28-A / Part 3 / Chapter 45 / Section 1201-B
28-A §1201-B. Transfer of wine between retail locations
Status: in_force

1. Definition. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Approved retailer" means a retailer licensed to sell wine for off-premises consumption that has received approval to sell or transfer wine to a commonly owned retail licensee under subsection 3 . [PL 2021, c. 546, §2 (NEW).] B. "Commonly owned retail licensee" means, with respect to a retailer licensed to sell wine for off-premises consumption, another retailer licensed to sell wine for off-premises consumption if the same person or persons hold a majority ownership interest in both retailers. [PL 2021, c. 546, §2 (NEW).] [PL 2021, c. 546, §2 (NEW).]

2. Authority to transfer wine between retail locations. Notwithstanding section 1201, subsection 3‑A and any other provision of this Title to the contrary, an approved retailer may sell or transfer wine by the case or by the bottle to a commonly owned retail licensee under the following conditions: A. The approved retailer licensed and any commonly owned retail licensee to which wine is transferred or sold must be located within the territory that has been allocated under section 1401, subsection 8 to a single wholesale licensee for the purposes of making wholesale sales of the specific wine product being sold or transferred; [PL 2021, c. 546, §2 (NEW).] B. The approved retailer and any commonly owned retail licensee to which wine is transferred or sold must share an electronic inventory tracking system capable of identifying which retailer has possession of the case or bottle of wine at all times; and [PL 2021, c. 546, §2 (NEW).] C. The approved retailer shall if necessary designate an area of the licensed premises to which customers do not have access of no more than 750 square feet for the storage of wine and may not store wine in any other area or facility. [PL 2021, c. 546, §2 (NEW).] [PL 2021, c. 546, §2 (NEW).]

3. Application; approval. A retailer licensed to sell wine for off-premises consumption shall seek approval from the bureau, on a form designated by the bureau, in advance of making an initial sale or transfer of wine to a commonly owned retail licensee under subsection 2 . The bureau may not approve an application under this subsection unless the retailer provides sufficient information for the bureau to determine: A. That each sale or transfer of wine from the retailer to a commonly owned licensee will satisfy the requirements of subsection 2, paragraph A ; [PL 2021, c. 546, §2 (NEW).] B. That the retailer's electronic inventory tracking system satisfies the requirements of subsection 2, paragraph B ; [PL 2021, c. 546, §2 (NEW).] C. That the retailer's storage of wine satisfies the requirements of subsection 2, paragraph C ; and [PL 2021, c. 546, §2 (NEW).] D. That the retailer has a safe and secure method for transferring wine to a commonly owned retail licensee. [PL 2021, c. 546, §2 (NEW).] The bureau may not approve an application under this subsection from a retailer licensed to sell wine for off-premises consumption if the bureau has already approved an application under this subsection from one of the retailer's commonly owned retail licensees. [PL 2021, c. 546, §2 (NEW).]

4. Modification. An approved retailer shall submit a modified application, on a form designated by the bureau, and must receive approval from the bureau prior to: A. Making an initial sale or transfer of wine products not included in the initial application submitted under subsection 3 or a previously approved modified application under this subsection; or [PL 2021, c. 546, §2 (NEW).] B. Making an initial sale or transfer of wine to a commonly owned licensee not identified in the initial application submitted under subsection 3 or a previously approved modified application under this subsection. [PL 2021, c. 546, §2 (NEW).] The bureau may not approve an application under this subsection unless the bureau determines that the approved retailer will continue to meet the requirements of subsection 3 if the modification is approved. [PL 2021, c. 546, §2 (NEW).]

5. Penalty. In addition to any penalty that may be imposed under chapter 33 , the bureau may prohibit a retailer licensed to sell wine for off-premises consumption that violates any provision of this section or of any rule adopted by the bureau to implement this section from engaging in the activities authorized by subsection 2 . [PL 2021, c. 546, §2 (NEW).]
28-A M.R.S. § 1355-B — ME Code / Title 28-A / Part 3 / Chapter 51 / Section 1355-B
28-A §1355-B. Research manufacturer license
Status: in_force

The bureau may issue a research manufacturer license to distill, rectify or brew spirits, wine or malt liquor to a state-supported postsecondary educational institution operating under federal law and federal supervision to manufacture malt liquor, wine or spirits. A license issued under this section authorizes the licensee to manufacture spirits, wine or malt liquor for research, educational and business development purposes as described by this section. The bureau may issue a research manufacturer license for the manufacture of malt liquor, wine and spirits or for the manufacture of one or 2 of these 3 types of liquor as specified on the license. [PL 2015, c. 149, §1 (NEW).]

1. Eligible licensees. The bureau may issue a research manufacturer license to a state-supported postsecondary educational institution, or its agent, that submits an application to the bureau in a manner prescribed by the bureau. The bureau may require appropriate approval documentation from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes the educational institution, or its agent, to manufacture liquor. The Bureau of Alcoholic Beverages and Lottery Operations may issue a license under this section only to an educational institution, or its agent, that: A. Offers a course or courses for a degree program related to food sciences or agricultural sciences; and [PL 2015, c. 149, §1 (NEW).] B. Offers, as an outreach component of the institution, education and consulting through the application of the institution's research regarding food science and food processing to assist businesses in the State, including, but not limited to, manufacturers licensed under section 1355‑A . [PL 2015, c. 149, §1 (NEW).] [PL 2015, c. 149, §1 (NEW).]

2. Location. A research manufacturer licensee may manufacture liquor only at a facility, subject to approval by the bureau, on the campus of the educational institution where courses for the programs described in subsection 1, paragraphs A and B are offered. [PL 2015, c. 149, §1 (NEW).]

3. Manufacture of liquor limited to certain purposes. A licensee under this section may not manufacture liquor for sale, distribution or any other commercial purpose other than to collect fees for educational, testing or consulting services provided by the licensee. A licensee may manufacture liquor for the following purposes: A. Business development consultation, including, but not limited to, recipe development and food health and safety practices; [PL 2015, c. 149, §1 (NEW).] B. General education about the manufacture of liquor for manufacturers licensed under section 1355‑A , persons considering licensure and others who seek to manufacture liquor for their own personal use; or [PL 2015, c. 149, §1 (NEW).] C. Educational course work as part of the educational institution's curriculum for a degree program in food sciences or agricultural sciences. [PL 2015, c. 149, §1 (NEW).] Nothing in this section prohibits a research manufacturer licensee from charging a fee for the production of liquor or the use of equipment for the purposes described in this section. [PL 2015, c. 149, §1 (NEW).]

4. Consumption of liquor on premises; transport of liquor from premises. A research manufacturer licensee is governed by the provisions of this subsection regarding the consumption of liquor on the research manufacturer's facility premises and the transport of liquor from the facility premises. A. A licensee may permit sampling of the liquor produced on the facility premises by a person at least 21 years of age who is: (1) A member of the faculty or staff of the institution who teaches or assists with course work and programs related to the liquor manufacturing, a student enrolled in a course in which manufacturing is included in the curriculum or a client of the outreach component described in subsection 1, paragraph B for the purpose of quality control of the product; or (2) A manufacturer licensed under section 1355‑A who is receiving the consulting and educational services provided by the institution licensed under this section. [PL 2015, c. 149, §1 (NEW).] B. Liquor manufactured at the facility premises may be transported from the facility premises: (1) By a person licensed under section 1355‑A for whom the research manufacturer licensee manufactured the liquor in a quantity not to exceed 50 gallons; and (2) By a client at least 21 years of age who is registered with the outreach component described under subsection 1, paragraph B in a quantity not to exceed 32 ounces of malt liquor, 16 ounces of wine or 8 ounces of spirits per client for the duration of the course offered by the extension program. [PL 2015, c. 149, §1 (NEW).] C. Liquor transported from the facility in accordance with paragraph B, subparagraph (2) must be clearly labeled with the research manufacturer's name and license number, the product contained in the bottle and the alcohol content of the product. This paragraph does not apply to liquor that is properly labeled and will be listed for distribution or sale by a person licensed under section 1355‑A . [PL 2015, c. 149, §1 (NEW).] [PL 2015, c. 149, §1 (NEW).]

5. Liquor manufactured for another licensee; amount limitation. The following limits apply to the amount of liquor a research manufacturer licensee may produce for a manufacturer licensed under section 1355‑A : A. Fifty gallons of malt liquor per manufacturer per year; [PL 2015, c. 149, §1 (NEW).] B. Fifteen gallons of wine per manufacturer per year; and [PL 2015, c. 149, §1 (NEW).] C. Ten gallons of spirits per manufacturer per year. [PL 2015, c. 149, §1 (NEW).] [PL 2015, c. 149, §1 (NEW).]

6. Reporting. A research manufacturer licensee shall submit reports in a manner prescribed by the bureau. A research manufacturer licensee shall also submit to the bureau copies of reports the licensee is required to file with the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2015, c. 149, §1 (NEW).]

7. License fee. The annual fee for a research manufacturer license is $100. [PL 2015, c. 149, §1 (NEW).]
28-A M.R.S. § 1452 — ME Code / Title 28-A / Part 3 / Chapter 57 / Section 1452
28-A §1452. No inducement or coercion
Status: in_force

1. Certificate of approval holder. No certificate of approval holder may: A. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to accept delivery of any liquor or any other commodity which has not been ordered by the wholesale licensee; [PL 1987, c. 45, Pt. A, §4 (NEW).] B. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to do any illegal act or thing by threatening to amend, cancel, terminate or refuse to renew any agreement existing between a certificate of approval holder and a wholesale licensee; or [PL 1987, c. 45, Pt. A, §4 (NEW).] C. Require a wholesale licensee to assent to any condition, stipulation or provision limiting the wholesale 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. [PL 2021, c. 658, §255 (AMD).] [PL 2021, c. 658, §255 (AMD).]
28-A M.R.S. § 83-B — ME Code / Title 28-A / Part 1 / Chapter 3-A / Section 83-B
28-A §83-B. Enforcement and licensing activities of the bureau
Status: in_force

The bureau shall establish policies and rules and propose legislation concerning the administration and the enforcement of the laws under this Title and for the sale of liquor in this State. The bureau shall: [PL 2013, c. 476, Pt. A, §9 (NEW).]

1. Enforcement. Enforce the laws relating to the manufacture, importation, storage, transportation and sale of all liquor and administer those laws relating to licensing and the collection of taxes on liquor required to be remitted under this Title; [PL 2013, c. 476, Pt. A, §9 (NEW).]

2. Licensing and licensing hearings. Issue and renew all licenses authorized by this Title and hold licensing hearings as required by this Title. The director of the bureau or the director's designee shall appoint a hearing officer who may conduct hearings in any licensing matter pending before the bureau. The hearing officer, after holding the hearing, shall render a final decision based upon the record of the hearing. Except as provided in section 805 , the decision of the hearing officer is final. The hearing officer may administer oaths and issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books and papers relating to any license question in dispute before the bureau or to any matter involved in a hearing. Witness fees in all proceedings are the same as for witnesses before the Superior Court and must be paid by the bureau, except that, notwithstanding Title 16, section 253 , the bureau is not required to pay the fees before the travel and attendance occur; [PL 2013, c. 476, Pt. A, §9 (NEW).]

3. Recommend revocation of licenses. Recommend to the District Court that it suspend or revoke, in accordance with sections 802 , 803 and 1503 , any license issued pursuant to this Title or the rules adopted under this Title; [PL 2013, c. 476, Pt. A, §9 (NEW).]

4. Prevent sale to minors and others. Prevent the sale of liquor by licensees to minors and intoxicated persons; [PL 2013, c. 476, Pt. A, §9 (NEW).]

5. Appeals of municipal decisions. Review all appeals from the decisions of municipal officers. The director or the director's designee may appoint a hearing officer as provided in subsection 2 to conduct hearings; [PL 2013, c. 476, Pt. A, §9 (NEW).]

6. Investigate and recommend changes. Carry out a continuous study and investigation of the sale of liquor throughout the State and the operation and administration of state activities relating to licensing and enforcement under this Title and recommend to the commissioner any changes in the laws or rules and methods of operation that are in the best interest of the State; [PL 2013, c. 476, Pt. A, §9 (NEW).]

7. Rules. Adopt rules consistent with this Title or other laws of the State for the administration, licensing, clarification, execution and enforcement of all laws concerning liquor and to prevent violations of those laws. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . The rules adopted by the Department of Public Safety before July 1, 2013 are deemed adopted by the bureau; [PL 2013, c. 476, Pt. A, §9 (NEW).]

8. Rules for food service organizations. Adopt rules permitting food service organizations to purchase malt liquor 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 and wine from a wholesale licensee for consumption by passengers on international flights and cruises after leaving port; [PL 2021, c. 658, §53 (AMD).]

9. Publish laws and rules. Ensure that licensees have access to the provisions of this Title, other laws governing liquor and all rules adopted pursuant to this Title in accordance with this section. A. The bureau shall provide notification to licensees that the provisions of this Title and rules adopted pursuant to this Title are available on the bureau's publicly accessible website and that the bureau will provide a paper copy of this Title or rules to a licensee at no charge, upon request from that licensee. [PL 2013, c. 476, Pt. A, §9 (NEW).] B. The bureau shall notify all licensees of changes to this Title and rules adopted within 90 days of adjournment of each regular session of the Legislature. [PL 2013, c. 476, Pt. A, §9 (NEW).] C. The bureau may charge a reasonable fee for paper copies of this Title, any new laws enacted in this Title or any newly adopted or existing rules to cover the cost of producing the paper copy to persons other than licensees. Nothing in this paragraph prevents the bureau, upon its own discretion, from providing paper copies for no fee. [PL 2013, c. 476, Pt. A, §9 (NEW).] D. The bureau shall keep that part of its publicly accessible website regarding this section updated with any new or updated laws or rules; [PL 2013, c. 476, Pt. A, §9 (NEW).] [PL 2013, c. 476, Pt. A, §9 (NEW).]

10. Deposit revenues. Deposit all net revenues derived from licensing and enforcement under this Title to the General Fund; and [PL 2013, c. 476, Pt. A, §9 (NEW).]

11. Certification. Certify monthly to the commission and the commissioner a complete statement of expenses and revenues collected in accordance with the licensing and enforcement functions of the bureau including a statement of the revenues collected under chapter 65 . [PL 2019, c. 13, §5 (AMD).]
28-B M.R.S. § 402 — ME Code / Title 28-B / Chapter 1 / Section 402
28-B §402. Local authorization of cannabis establishments within municipalities
Status: in_force

1. Request for local authorization to operate cannabis establishment in municipality prohibited unless authorized by municipal ordinance or warrant article. A person seeking to operate a cannabis establishment within a municipality may not request local authorization to operate the cannabis establishment pursuant to subsection 3 and a municipality may not accept as complete the person's request for local authorization unless: A. The legislative body of the municipality has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality, including the type of cannabis establishment the person seeks to operate; and [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The person has been issued by the office a conditional license to operate the cannabis establishment pursuant to section 205, subsection 3 . [PL 2023, c. 679, Pt. B, §53 (AMD).] [PL 2023, c. 679, Pt. B, §53 (AMD).]

2. Minimum authorization criteria. A municipality may not authorize the operation of a cannabis establishment within the municipality if: A. The cannabis establishment is proposed to be located within 1,000 feet of the property line of a preexisting public or private school, except that, if a municipality by ordinance or other regulation prohibits the location of cannabis establishments at distances less than 1,000 feet but not less than 500 feet from the property line of a preexisting public or private school, that lesser distance applies. For the purposes of this paragraph, "school" includes a public school, as defined in Title 20‑A, section 1, subsection 24 , a private school, as defined in Title 20‑A, section 1, subsection 22 , a public preschool program, as defined in Title 20‑A, section 1, subsection 23‑A or any other educational facility that serves children from prekindergarten to grade 12; or [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The person requesting local authorization to operate the cannabis establishment fails to demonstrate possession or entitlement to possession of the proposed licensed premises of the cannabis establishment pursuant to a lease, rental agreement or other arrangement for possession of the premises or by virtue of ownership of the premises. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

3. Local authorization required for operation of cannabis establishment within municipality. A person may not operate a cannabis establishment within a municipality unless: A. The legislative body of the municipality has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality, including that type of cannabis establishment; [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] B. The person has obtained all applicable municipal approvals, permits or licenses that are required by the municipality for the operation of that type of cannabis establishment; and [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).] C. The person has been issued by the office an active license to operate the cannabis establishment pursuant to section 205, subsection 4 . [PL 2023, c. 679, Pt. B, §54 (AMD).] A municipality may certify to the office a person's compliance with the requirements of paragraph B on the form prepared and furnished by the office pursuant to section 205, subsection 4, paragraph B . [PL 2023, c. 679, Pt. B, §§54, 55 (AMD).]

4. Municipal failure to act on request for local authorization. If a municipality whose legislative body has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality fails to act on a person's request for local authorization to operate a cannabis establishment within the municipality, the municipality's failure to act does not satisfy the local authorization requirement of subsection 3, paragraph B . [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]

5. Appeal of municipal failure to act on request for local authorization. If a municipality whose legislative body has voted to adopt a new ordinance, amend an existing ordinance or approve a warrant article allowing some or all types of cannabis establishments within the municipality fails to act on a person's request for local authorization to operate a cannabis establishment within the municipality within 90 days after the date the person submitted the request to the municipality, the request is deemed denied and the denial constitutes a final government action that may be appealed to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure, except that, if the municipality notifies the person in writing prior to the expiration of the 90-day period that the request cannot be processed prior to the expiration of the 90-day period, the request is deemed denied and the denial constitutes a final government action only if the municipality fails to act on the request within 180 days after the date the person submitted the request to the municipality. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
28-B M.R.S. § 214 — ME Code / Title 28-B / Chapter 1 / Section 214
28-B §214. Inactive licenses
Status: in_force

The office may revoke or refuse to renew any license if it determines that the licensed premises have been inactive without reasonable justification for a period of one year or more. [PL 2023, c. 679, Pt. B, §46 (AMD).]
28-B M.R.S. § 108 — ME Code / Title 28-B / Chapter 1 / Section 108
28-B §108. Public health and safety programs
Status: in_force

The office shall develop and implement or facilitate the development and implementation by a public or private entity of: programs, initiatives and campaigns focused on increasing the awareness and education of the public on health and safety matters and focused on addressing public and behavioral health needs relating to the use of cannabis and cannabis products, including, but not limited to, programs, initiatives and campaigns focused on preventing and deterring the use of cannabis and cannabis products by minors; and public and behavioral health programs and services related to the use of cannabis and cannabis products, including, but not limited to, evidence-based substance use disorder prevention and treatment programs, early intervention services and grants for schools or community-based organizations that provide programs for youth substance use disorder education and prevention as described under Title 5, chapter 521 . Programs, initiatives and campaigns developed and implemented pursuant to this section may be funded with revenue from the Adult Use Cannabis Public Health and Safety and Municipal Opt-in Fund established in section 1101 . The office may adopt rules to implement this section. [PL 2023, c. 679, Pt. B, §16 (AMD).]
28-A M.R.S. § 753 — ME Code / Title 28-A / Part 3 / Chapter 31 / Section 753
28-A §753. Special warehouse facility licensee to keep records
Status: in_force

1. Records to be kept. A licensee operating a special warehouse storage facility within the State shall keep complete records concerning all transactions conducted at the special warehouse storage facility. The records must show: A. The date and amounts of all liquor received and from whom they were received; and [PL 1987, c. 45, Pt. A, §4 (NEW).] B. The dates and amounts of all liquor shipped or withdrawn and the name of the person for whom the liquor was shipped or withdrawn. [PL 1987, c. 45, Pt. A, §4 (NEW).] [PL 2021, c. 658, §114 (AMD).]

2. Manner in which records to be kept. A licensee shall maintain the records upon the premises. [PL 2021, c. 658, §114 (AMD).]
28-B M.R.S. § 215 — ME Code / Title 28-B / Chapter 1 / Section 215
28-B §215. Notification to municipality; sharing of information with Bureau of Revenue Services
Status: in_force

The office shall notify a municipality within 14 days of the date the office approves, renews, denies, suspends or revokes the license of a licensee whose licensed premises are located or proposed to be located in the municipality; imposes a monetary penalty on a licensee located within the municipality; approves relocation of the licensed premises of a cannabis establishment to or from the municipality; or approves a transfer of ownership interest in a license with respect to which the licensed premises are located within the municipality. [PL 2023, c. 679, Pt. B, §47 (AMD).]

The office shall provide the department's Bureau of Revenue Services with the same information provided to a municipality under this section at the time that the office notifies the municipality. [PL 2023, c. 679, Pt. B, §47 (AMD).]

For the purposes of this section, "municipality" has the same meaning as in section 212 . [PL 2017, c. 409, Pt. A, §6 (NEW).]
28-A M.R.S. § 2051 — ME Code / Title 28-A / Part 6 / Chapter 81 / Section 2051
28-A §2051. Prohibited acts by minors
Status: in_force

1. Prohibited acts. A minor may not: A. Purchase liquor or imitation liquor. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 ; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Consume liquor or imitation liquor, except in a home in the presence of the minor's parent, legal guardian or custodian, as defined in Title 22, section 4002 . The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 ; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Have on the minor's person liquor or imitation liquor in any premises licensed for the sale of liquor to be consumed on the premises. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 ; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] 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 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. (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 ; [PL 2021, c. 658, §265 (AMD).] D-1. Have in the minor's possession a false identification card. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 ; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] D-2. Sell, furnish or give a false identification card to a minor. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 ; [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] E. [PL 2003, c. 452, Pt. P, §4 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] E-1. Except as provided in subsection 5 , have any liquor or imitation liquor in the minor's possession. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. [PL 2003, c. 452, Pt. P, §4 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).] F-1. Except as provided in subsection 5 , have in the minor's possession equipment specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adjudged. (2) A minor who violates this paragraph 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 may be suspended except as provided in subsection 2, paragraph B . (3) A minor who violates this paragraph 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 . [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2021, c. 658, §265 (AMD).]

2. Penalties. The following apply to the penalties imposed for violations of this section. A. When a person is adjudged to have committed a first offense under this section, the judge shall inform that person that the fines for the 2nd and subsequent offenses are mandatory and cannot be suspended except as provided in paragraph B . Failure to inform the first offender that subsequent fines are mandatory is not a ground for suspension of any subsequent fine. [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] B. The judge, as an alternative to or in addition to the civil fines required by this subsection, may assign the minor to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution. [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Minor can not be charged with more than one offense. A minor may not be charged with more than one offense under this section in any given instance in which the same set of facts is involved. [PL 2003, c. 452, Pt. P, §4 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Illegal possession and illegal transportation. If a minor is charged with illegal possession under this section, the minor may not be charged with illegal transportation under section 2052 . [PL 1997, c. 373, §147 (AMD).]

5. Exceptions. A minor is not in violation of subsection 1, paragraph E‑1 or F‑1 if the minor possesses: A. Liquor or imitation liquor or equipment described in subsection 1, paragraph F‑1 in the scope of the minor's employment; [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Liquor or imitation liquor in a home in the presence of the minor's parent, guardian or custodian, as defined in Title 22, section 4002 ; or [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Equipment described in subsection 1, paragraph F‑1 in the minor's own home under the supervision of the minor's parent, guardian or custodian, as defined in Title 22, section 4002 . [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. P, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

6. Defense. It is a defense to prosecution under subsection 1 if in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol: A. The minor in good faith sought medical or emergency treatment or assistance for the minor or the other person; or [PL 2015, c. 154, §1 (NEW).] B. The minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of a person contacting emergency medical services or law enforcement. [PL 2015, c. 154, §1 (NEW).] This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol. [PL 2015, c. 154, §1 (NEW).]
28-A M.R.S. § 1458 — ME Code / Title 28-A / Part 3 / Chapter 57 / Section 1458
28-A §1458. Judicial remedies
Status: in_force

1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. [PL 1987, c. 45, Pt. A, §4 (NEW).]

2. Equitable relief. The court may grant equitable relief necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, declaratory judgment and injunctive relief. [PL 1987, c. 45, Pt. A, §4 (NEW).]

3. Punitive damages, costs and fees. If the court finds that the certificate of approval holder has acted in bad faith in invoking the amendment, termination, cancellation or nonrenewal provisions of this chapter or has unreasonably withheld its consent to any assignment, transfer or sale of the wholesale licensee's agreement, the court may award punitive damages, as well as actual damages, costs and attorneys fees. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-A M.R.S. § 351 — ME Code / Title 28-A / Part 2 / Chapter 15 / Section 351
28-A §351. Proximity to churches and schools
Status: in_force

1. Agency liquor store may not be located within 300 feet of school or church. The bureau may not license an agency liquor store located within 300 feet of any public or private school, church, chapel or parish house. A. The bureau, after holding a public hearing near the proposed location, may locate an agency liquor store within 300 feet of a church, chapel, parish house or postsecondary school. [PL 1997, c. 373, §38 (AMD).] [PL 2013, c. 368, Pt. V, §26 (AMD).]

2. Method of measurement. The distance must be measured from the main entrance of the agency liquor store to the main entrance of the school, school dormitory, church, chapel or parish house by the ordinary course of travel. [PL 2013, c. 368, Pt. V, §26 (AMD).]
28-A M.R.S. § 1080 — ME Code / Title 28-A / Part 3 / Chapter 43 / Section 1080
28-A §1080. Common consumption areas
Status: in_force

1. Issuance of licenses. The bureau may issue a common consumption area license under this section to a licensed auditorium, hotel, restaurant, Class A restaurant or Class A restaurant/lounge or a manufacturer licensed under section 1355‑A if: A. The auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer is a licensed establishment located within an entertainment district established in accordance with section 221 ; [PL 2019, c. 281, §10 (NEW).] B. The premises of the auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer are adjacent to the common consumption area or, if the auditorium is an outdoor facility, the premises of the auditorium are adjacent to or within the common consumption area; [PL 2019, c. 281, §10 (NEW).] C. The common consumption area is properly equipped with tables, chairs and restrooms; [PL 2019, c. 281, §10 (NEW).] D. The common consumption area has obtained any required licensing from the Department of Health and Human Services; and [PL 2019, c. 281, §10 (NEW).] E. The bureau has not yet issued the maximum number of common consumption area licenses permitted by the entertainment district ordinance. [PL 2019, c. 281, §10 (NEW).] [PL 2019, c. 281, §10 (NEW).]

2. Authority. A common consumption area license authorizes the licensee to permit the licensee's customers to consume within the common consumption area any spirits, wine or malt liquor sold by the licensee under the authority of the licensee's auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer license. [PL 2019, c. 281, §10 (NEW).]

3. Restrictions. A common consumption area licensee may permit the licensee's customers to consume liquor purchased from the licensee only on the premises of the licensee or within the boundaries of the common consumption area approved by the municipal officers and the bureau. The common consumption area must be controlled by barriers and by signs prohibiting consumption beyond the barriers. [PL 2019, c. 281, §10 (NEW).]
28-A M.R.S. § 713 — ME Code / Title 28-A / Part 3 / Chapter 29 / Section 713
28-A §713. Selling malt liquor or wine from truck
Status: in_force

1. Selling malt liquor or wine from truck prohibited. Except as provided in subsections 2 and 3 , no wholesale or retail licensee may, either directly or indirectly, by any agent or employee, travel from town to town, or from place to place in the same town, selling, bartering or carrying for sale or exposing for sale any malt liquor or wine from any vehicle. [PL 1987, c. 45, Pt. A, §4 (NEW).]

2. Delivery of orders received. The wholesale licensee may make sales of malt liquor or wine where transportation and delivery are required only upon orders actually received at the principal place of business or warehouse or distributing center, if licensed, of the wholesale licensee before shipment of the malt liquor or wine. The driver or any other employee of the wholesale licensee shall carry an invoice stating the names of the purchaser and the wholesale licensee and the kind and quantity of malt liquor or wine ordered by the sale, together with the date of the sale. A. This subsection does not prohibit a wholesale licensee from collecting orders for malt liquor or wine by sales representatives calling upon retailers, then filing the orders at the principal place of business or warehouse or distributing center. [PL 1987, c. 342, §47 (NEW).] [PL 1987, c. 342, §47 (AMD).]

3. Sale from truck by wholesale licensee. A wholesale licensee 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 a vehicle only if the wholesale licensee, agent or employee 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. [PL 2021, c. 658, §109 (AMD).]

4. Sales or deliveries only to licensees. Sales or deliveries may be made only to licensees of the bureau. [PL 1997, c. 373, §70 (AMD).]

5. Violation. Whoever violates this section commits a Class E crime. [PL 1987, c. 45, Pt. A, §4 (NEW).]
28-B M.R.S. § 1102 — ME Code / Title 28-B / Chapter 1 / Section 1102
28-B §1102. Adult Use Cannabis Regulatory Coordination Fund
Status: in_force

The Adult Use Cannabis Regulatory Coordination Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing Other Special Revenue Funds account in the office. The fund is administered and used by the director for the purposes of adopting rules under this chapter and for the purposes of implementing, administering and enforcing this chapter. The director may expend money in the fund to enter into contracts with consultants and employ staff, as determined necessary by the director, conduct meetings with stakeholders and conduct any other activities related to the implementation, administration and enforcement of this chapter. [PL 2023, c. 679, Pt. B, §141 (AMD).]
28-A M.R.S. § 452 — ME Code / Title 28-A / Part 2 / Chapter 19 / Section 452
28-A §452. Rules governing agency liquor stores
Status: in_force

The bureau shall adopt rules for the selection, licensing and operation of agency liquor stores. These rules include, but are not limited to, the following: [PL 1997, c. 373, §45 (AMD).]

1. Location. Location of agency stores, subject to section 453 ; [PL 1987, c. 45, Pt. A, §4 (NEW).]

2. Storage facilities. Storage facilities for liquor; [PL 1987, c. 45, Pt. A, §4 (NEW).]

3. Handling and sale. The handling and sale of liquor; [PL 1987, c. 45, Pt. A, §4 (NEW).]

4. Hours. The hours of operation; [PL 1987, c. 45, Pt. A, §4 (NEW).]

5. Separation from other merchandise. The separation of liquor from other merchandise in the agency liquor stores; [PL 1987, c. 45, Pt. A, §4 (NEW).]

6. Size and nature of facilities. The size and nature of the facilities of agency liquor stores for different quantities of liquor to be sold; and [PL 1987, c. 45, Pt. A, §4 (NEW).]

7. Other. Any other rules necessary to carry out the purposes of this chapter. [PL 1987, c. 45, Pt. A, §4 (NEW).]