An Act to Allow the Importation of Wine
Maine Legislature, Session 122, LD 1900
Committee Amendment CA_A_H976 (House)
Amends: 28-A MRSA §1357

Act 
COMMITTEE AMENDMENT ,11, to H,P, 1341, L,D, 
To Allow the Importation of Wine" 
of the Clerk of 
0 0, B i 11 , 
" An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. I. 28-A MRSA §1357 is enacted to read: 
§1357. 
Direct shipper license 
1. 
License. 
The bureau may issue a direct shipper license 
to a winery with a valid federal basic wine manufacturing permit 
that applies using forms provided by the bureau. 
Notwithstanding 
sections 2077 and 2077 -B r 
a direct shipper licensee may ship up 
to 24 9-1iter cases of wine per year to a resident of this State 
for that resident's personal use and not for resale. 
A licensed 
winery located in this State that holds a direct shipper license 
may ship to residents of this State and to residents of other 
states where direct shipment of wine is authorized by law. 
2. Requirements. 
Prior to making any shipments of wine, the 
holder of a direct shipper license issued pursuant to subsection 
shall: 
A. 
Register as a retailer with the State Tax Assessor in 
accordance with Title 36, section 1756; 
Page l-LR2685(2) 
COMMITTEE AMENDMENT 
,fl,-
~. 
COMMITTEE AMENDMENT .. 4 
. to H.P. 1341. L.D. 1900 
B. 
Ensure that wine shipments are conspicuously labeled to 
read: "CONTAINS ALCOHOL: SIGNATURE OF PERSON 21 YEARS OF AGE 
OR OLDER IS REOUIRED FOR DELIVERY"; and 
C. 
Arrange to deliver the shipment only by a common carrier 
that agrees to deliver only to a person who is 21 years of 
age or older and to request proof of identification from any 
recipient who appears to be 27 years of age or younger. 
3. 
Records and payment of taxes. 
The holder of a direct 
shipper license issued pursuant to subsection 1 shall: 
A. 
Maintain for 
a minimum of 2 years a 
record of each 
shipment made that includes the name of the recipient and 
the shipping address, the product and quantity shipped, the 
date of shipment and the common carrier used to deliver the 
shipment: 
B. 
For each shipment, collect state sales taxes to be paid 
to the State Tax Assessor and deposited into the General 
Fund in accordance with Title 36, chapter 219 and every 3 
months submit a return as defined by Title 36, section Ill, 
subsection 4 to facilitate payment of those sales taxes; 
C. 
Every 3 months submit taxes due for each shipment in 
accordance 
with 
chapter 
to 
the 
bureau 
using 
forms 
provided by the bureau; 
D. 
Every 3 months submit a report to the bureau on forms 
provided by the bureau indicating the total amount of wine 
shipped, 
names 
and 
addresses 
of 
recipients, 
dates 
of 
purchase and the 
common carrier used for 
shipments 
made 
during the previous 3 months; and 
E. 
Upon request, provide records wi thin 48 hours to the 
bureau 
regarding 
shipments 
made 
in 
accordance 
with 
the 
direct shipper license. 
4. 
Compliance with beverage container law. 
The holder of a 
direct shipper license issued pursuant to subsection 1 
shall 
comply with the beverage container law as prescribed by Title 32, 
chapter 
as 
an initiator of deposit and may enter into 
a 
commingling agreement with another initiator of deposit. 
The 
holder of a direct shipper license may enter into an agreement 
with a 3rd-party collection agent who will act as the initiator 
of deposit on the direct shipper licensee's behalf. 
5. 
License fee. 
The 
fee 
for 
a 
direct shipper license 
issued pursuant to subsection 1 is $100. 
The annual renewal fee 
is $50. 
COMMITTEE AMENDMENT 
",ft.~ 
COMMITTEE AMENDMENT ·A .. to H. P. 1341, L. D. 1900 
6. 
Violations and penalties. 
A person who ships wine as 
l2.rohibited by sections 2077 and 2077 -B without a direct shipper 
license issued pursuant to subsection 1 commits a civil violation 
for which a fine of not more than $500 may be adjudged. 
The 
direct shipper license of a license holder who ships wine in 
violation of this section must be revoked, and the holder commits 
a civil violation for which a fine of not more than $500 may be 
adjudged. 
Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Liquor Enforcement 
0293 
The 
following 
Initiative: 
Appropriates funds for an additional Clerk Typist 
III position and associated operating costs necessary to process 
direct shipper licenses. 
GENERAL FUND 
POSITIONS -
LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2005-06 
0.000 
$0 
$0 
$0 
2006-07 
1. 000 
$28,262 
$1, 009 
$29,271' 
This amendment replaces the bill and is the minority report 
of the committee. 
The amendment creates a direct shipper license 
that authorizes an in-state or out-of-state winery to ship wine 
directly to 
a 
person who 
is 
years of age or older. 
It 
requires that shipments be conspicuously labeled as alcohol and 
be delivered by common carrier who must verify that the recipient 
is 21 years of age or older. 
That direct shipper is required to 
pay all applicable sales 
and alcohol 
taxes 
and shall submit 
quarterly reports to the State Tax Assessor and the Department of 
Public 
Safety's 
division 
administering 
liquor 
licensing 
and 
taxation. 
The amendment provides that the holder of a direct 
shipper license must comply with the beverage container laws. 
The license fee for a direct shipper license is $100 with a $50 
annual renewal fee. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/05/06 ?dac 
LD 1900 
LR 2685(02) 
An Act to Allow the Importation of Wine 
Fiscal Note for Bill as Amended by Committee Amendment "~,, 
Committee: Legal and Veterans Affairs 
H 
Net Cost (Savings) 
General Fund 
Appropropriations/ Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2005-06 
$0 
$0 
$0 
2006-07 
($19,729) 
$29,271 
$49,000 
Projections 
2007-08 
$8,960 
$33,460 
$24,500 
Projections 
2008-09 
$10,580 
$35,080 
$24,500 
Authorizing a registration fee to be paid by certain out-of-state wine shippers will increase annual General Fund 
revenues collected by the Department of Public Safety by an estimated $49,000 in fiscal year 2006-07 and by $24,500 
for each fiscal year thereafter. In addition, the Department of Public Safety will require an additional General Fund 
appropriation of $29,271 in fiscal year 2006-07 for an additional Clerk Typist III position necessary to process the 
additional registrations. 
LR2685(2) - Fiscal Note - Page 1 of 1