Maine Legislature, Session 121, LD 0433
Committee Amendment CA_A_S188 (Senate)
Amends: 28-A MRSA §705

COMMITTEE AMENDMENT "A" to S.P. 151, L.D. 433, Bill, "An 
Act to Expand Payment Options on Sales of Alcoholic Beverages by 
Licensees" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 28-A MRSA §705, sub-§I, as amended by PL 1993, c. 
266, §9, is repealed and the following enacted in its place: 
1. Sales for cash. 
Except as provided in subsection I-B. a 
wholesale licensee. the employee of a wholesale licensee or a 
reselling agent as defined by section 2. subsection 27-A may not 
sell or offer to sell any liquor except for cash or payment by 
check or electronic funds transfer as provided in subsection I-A. 
Sec. 2. 28-A MRSA §705, sub-§§I-A to l-E are enacted to read: 
I-A. 
Electronic funds transfer. 
For the purposes of this 
section. "electronic funds transfer" means using an electronic 
device for the purpose of ordering. instructing or authorizing a 
financial institution to debit or credit an account. 
A. 
Electronic funds transfers are permissible under the 
following conditions: 
(1) 
Any 
agreement 
to 
engage 
in electronic 
funds 
transfer 
for 
payment 
for 
beer 
or 
wine 
between 
manufacturers. wholesale licensees or retail licensees 
must 
be voluntary and in writing. 
A manufacturer. 
Page l-LR0136(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 151, L.D. 433 
wholesale licensee or retail licensee may not refuse to 
do 
business 
with or otherwise limit business with 
another 
manufacturer, 
wholesale 
licensee 
or 
retail 
licensee for declining to pay for beer or wine 
by 
electronic funds transfer: 
(2) 
When electronic funds transfer is the form of 
payment, 
the form of payment must be noted on the 
invoice at the time of delivery and acknowledged in 
writing by the buyer or the buyer's employee. 
The note 
on the invoice constitutes an irrevocable promise to 
pay. 
All 
parties 
to 
electronic 
funds 
transfer 
transactions 
will 
maintain 
records 
of 
those 
transactions 
for 
two 
years 
from 
the 
date 
of 
the 
transaction 
and 
make 
those 
records 
available 
for 
inspection by the bureau upon request: 
(3) 
Initiation of the electronic funds transfer must 
occur on the next business day after the delivery of 
the product: 
(4) 
Parties engaging in electronic funds 
transfers 
under this section pay their own costs associated with 
electronic funds transfers; and 
(5) 
Any electronic funds transfer transaction that is 
not completed due to insufficient funds is subject to 
the provisions of the Uniform Commercial Code. 
1-B. 
Sales on credit. 
Credit may be extended: 
A. 
By a hotel or clUb to bona fide registered guests or 
members: 
B. 
By a hotel or Class A restaurant to the holder of a 
credit card that authorizes the holder to charge goods or 
credits: and 
C. 
By an on-premises licensee to the host of a private, 
prearranged function without a credit card. 
1-C. 
Right of action. 
A right of action does not exist to 
collect claims for credits extended contrary to this section. 
1-D. 
Credit for deposits. 
This section does not prohibit a 
licensee from giving credit to a purchaser for the actual amount 
of the deposit on beverage containers as defined in Title 32, 
section 1862, 
subsection 
or 
on 
the packages 
or original 
containers as a credit on any sale or from paying the amount 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 151, L.D. 433 
actually charged for such a deposit on the packages or original 
containers. 
1-£. 
Goods in exchange for product prohibited: exception. 
A wholesale licensee or a wholesale licensee's employee or agent 
may not sell. offer to sell or furnish any liquor to any person 
on a 
passbook or store order or receive from any person any 
goods. 
wares. 
merchandise or other articles in exchange 
for 
liquor. 
This paragraph does 
not 
apply to beverage container 
deposits on packages or original containers that were originally 
purchased from that licensee by the person returning the packages 
or original containers.' 
SUMMARY 
This amendment replaces the bill. 
It amends the law that 
requires the sale of liquor between manufacturers, 
wholesale 
licensees 
and 
retail 
licensees 
to 
be 
made 
in 
cash. 
This 
amendment 
permits 
the 
use 
of electronic 
funds 
transfers 
to 
conduct those transactions. 
COMMITTEE AMENDMENT