An Act To Allow the Importation of Wine
Maine Legislature, Session 122, LD 1900
Committee: Legal and Veterans Affairs
Sponsors: DUPLESSIE, PLOWMAN, BOWLES, CAIN, DUDLEY, KAELIN, KOFFMAN, LINDELL, MILLER, PATRICK, PINGREE
Amends: 28-A MRSA §2077-B

Legislative Document 
No. 1900 
H.P.1341 
House of Representatives, January 4,2006 
An Act To Allow the Importation of Wine 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator PLOWMAN of Penobscot and 
IY/~ 
1'J7. 7lJdC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BOWLES of Sanford, CAIN of Orono, DUDLEY of Portland, KAELIN of 
Winterport, KOFFMAN of Bar Harbor, LINDELL of Frankfort, MILLER of Somerville, 
PATRICK of Rumford, PINGREE of North Haven. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 28·A MRSA §I409 is enacted to read: 
§1409. 
Purchase of wine by mail 
1. 
Direct 
shjpmgn~f wine 
to 
residents. 
A 
person 
currently licensed in another state or country as an alcoholic 
beverage producer, supplier, importer, wholesaler, dist.ributor or 
retailer who obtains a certificate of approval as provided in 
section 1351 and a nonresident shipper's license as provided in 
this section may ship wine directly to a resident of this State 
who is 21 years of age or older for t.hat resident's personal use. 
~, 
Bonresident 
sbipper 
application. 
Before 
sending 
a 
shipment to a resident of this State. a nonresident shipper must 
hold a certificate of approval as provided in section 13.51 and 
file an application for a license with the bureau on a 
form 
issued by the bureau along with a copy of its current alcoholic 
beverage license issued in another state or country and a $100 
registration fee. 
3. 
Delivery to resident 21 years of age or older. 
Wine 
shipped pursuant to this section may 
be 
shipped only to 
a 
resident 21 years of age or older and must be for the recipient's 
personal use only and not for resale. A shipment must be subject 
to 
in-person delivery to 
the 
resident 
who 
has 
ordered 
the 
shipment or a person residing at the resident's household who is 
years of age or older. 
All containers used for shipment of 
wine 
must 
be conspicuously labeled with the words 
"CONTAINS 
ALCOHOL; 
SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED 
FOR DELIVERY." 
4. 
Prohibited Shipping areas. A nonresident shipper may not 
ship to any address in an area identified by the bureau as a 
prohibited shipping area or a local option area. 
5. 
License renewal. 
A nonresident shipper may annually 
renew its license with the bureau by paying a $100 renewal fee 
and 
providing the bureau with 
a 
true 
copy 
of its current 
alcoholic beverage license issued in another state or country. 
6. 
Payaent of state taxes. 
A n~sident shipper shall pay 
annually 
to 
the 
Department 
of 
Administrative 
and 
Financial 
Services. Bureau of Revenue Services the sales and excise taxes 
due on sales in the preceding calendar year. 
7. 
Annual report. 
A nonresident shipper shall report to 
the bureau annually by January 1st of each year the total number 
Page l-LR2685(1) 
• 
of bottles of wine, 
by type, 
shipped into the State in the 
preceding calendar year. 
8. 
A~dit. 
Th~~eay may perform an audit of a nonresident 
shipper's records at any time. 
9. 
Vi.o.l~ti..~n_. _V.J&lat~Qf thi~ection is 
a 
Class D 
crime. 
A violation of this section constitutes a violation of 
t~M9.-.iJ1.~LUnfair Tra_~~~ces Act. Th~gau may enforce th..e. 
requirements of this sectiop by administrative proceedings to 
.liY...~or revoke a nonresident shipper's license. 
The bureau 
may 
accept 
payment 
of 
an 
offer 
in 
compromise 
in lieu of 
~\l..lUl-e.nsion; such payments must be determingd by rule adopted by 
the bureau. 
10. 
QYt the 
section 
chapter 
Adoption of rules. 
The bureau may adopt rules to carry 
purposes of this section. 
Rules adopted pursuant to this 
are 
routine technical 
rules 
as 
defined in Title 
5, 
375, subchapter 2-A. 
Sec. 2. 28-A MRSA §2077-B, sub-§l, as enacted by PL 1997, c. 
501, §6, is amended to read: 
1. 
Prohibition. 
A person may not sell, furnish, deliver or 
purchase 
liquor 
from 
an out-of-state 
company 
by mail 
order~ 
except wine pursuant to section 1409. 
SUMMARY 
This bill permits interstate and foreign suppliers to ship 
wine directly to Maine consumers.