An Act To Permit Interstate Wine and Malt Liquor Sales and Delivery to Homes
Maine Legislature, Session 122, LD 0560
Committee Amendment CA_B-HA_A_H1005 (House)

HOUSE AMENDMENT "k, to COMMITTEE AMENDMENT "B" to H.P. 415, 
L.D. 560, Bill, "An Act To Permit Interstate Wine and Malt Liquor 
Sales and Delivery to Homes" 
Amend the amendment by striking out everything after the 
substitute title and before the summary and inserting in its 
place the following: 
'Further 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 §§1352 and 1353 are enacted to read: 
§1352. 
Wine connoisseur permit 
1. 
Permit to ship wine. 
Notwithstanding sections 2073, 
2077 and 2077 -B, a person 21 years of age or older may apply to 
the bureau for a wine connoisseur permit on forms provided by the 
bureau. 
A holder of a wine connoisseur permit may order only 
from a specialty wine permittee up to a total of 6 9-liter cases 
of wine per year to be shipped to the permit holder's residence 
for the permit holder's personal use and not for resale. A wine 
connoisseur permit may not be issued to an establishment licensed 
to 
sell alcoholic 
beverages 
for 
on-premises 
or off-premises 
conSumption. 
For each shipment, a holder of a wine connoisseur 
permit shall comply with the following. 
Page l-LR0357(5) 
HOUSE AMENDMENT 
~ .. ~ 
HOUSE AMENDMENT 'il" to COMMITTEE AMENDMENT "B" to H.P. 415, L.D. 
A. 
The holder of the wine connoisseur permit shall confirm 
with the specialty wine permittee that the shipment will be 
conspicuously labeled to indicate that the contents of the 
package 
include wine 
and 
may 
be delivered only to the 
intended recipient. 
B. 
A package of wine that is shipped into the State to a 
wine connoisseur must clearly identify the contents with a 
distinctive 
label: 
"CONTAINS 
ALCOHOL: 
SPECIAL 
ORDER 
DELIVERY -
SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER WITH 
WINE CONNOISSEUR PERMIT IS REOUIRED". 
C. 
The wine shipment must be delivered by common carrier. 
as defined in Title 12, section 6001. 
subsection 8. 
The 
cOmmon carrier is authorized to make delivery of the wine to 
the holder of the wine connoisseur permit after the permit 
holder presents the common carrier with the wine connoisseur 
permit and proof of the permit holder's identity. 
D. 
Within 30 days of receiving a shipment, the holder of a 
wine connoisseur permit shall submit to the bureau a copy of 
the receipt for that shipment and submit all applicable 
taxes along with a tax form provided by the bureau. 
E. 
The 
wine 
connoisseur 
permit holder 
shall 
retain 
a 
receipt for each transaction under this section for 2 years 
and provide the receipt to the bureau upon request. 
2. 
Permit fee. 
The fee for a wine connoisseur permit is 
$50 per year. 
3. 
Compliance with beverage container deposit law. 
The 
bureau 
is 
authorized 
to 
adopt 
rules 
so 
that 
wine 
bottles 
delivered to the holder of a wine connoisseur permit comply with 
the beverage container deposit law pursuant to Title 32, chapter 
28. 
Rules adopted in accordance with this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
4. 
Prohibited shipping areas. 
A specialty wine permittee 
may not ship or deliver to any address in an area identified as a 
prohibited Shipping area or a local option area. 
5. 
Violation. 
A person violates this section if, after 
receiving notice from the bureau to cease and desist, the person 
continues the activities in violation of this section. 
A person 
who violates this section commits a civil violation for which a 
fine 
of not more 
than 
$500 
may 
be 
adjudged. 
A person who 
violates 
this 
section after having 
previously violated this 
HOUSE AMENDMENT 
· ~.~ 
HOUSE AMENDMENT "/J" to COMMITTEE AMENDMENT "B" to H.P. 415, L.D. 
section commits a civil violation for which a fine of not more 
than $2.500 may be adjudged. 
§1353. 
Specialty wine permit 
1. 
Specialty wine permit. 
The bureau may grant a specialty 
wine permit to a 
person who 
ferments. 
ages 
and bottles that 
person's own wine. as long as the wine has not been a registered 
label with the bureau for the previous 12 months. 
A person who 
holds a 
specialty wine permit may not hold a certificate of 
approval or be represented by a certificate of approval holder or 
have that person's wine sold through a certificate of approval 
holder. 
A person who 
does not 
ferment. 
age and bottle that 
person's own wine is not eligible for a specialty wine permit. 
2. 
Shipment limit. 
The holder of a specialty wine permit 
may not ship more than 50 cases during the term of the permit. 
3. 
Permit fee. 
The fee for a specialty wine permit is $25 
per year. 
4. 
Rules. 
The bureau is authorized to adopt rules for the 
issuance of specialty wine permits and to ensure that specialty 
wine permittees sell and deliver their wine only to qualified 
wine 
connoisseur 
permittees. 
The 
rules 
must 
include 
annual 
reporting guidelines. 
Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5. chapter 375, 
subchapter 2-A. 
5. 
Violation. 
A person violates this section if. after 
receiving notice from the bureau to cease and desist. the person 
continues the activities in violation of this section. 
A person 
who violates this section commits a civil violation for which a 
fine of not more 
than $500 
may 
be 
adjudged. 
A person who 
violates this 
section after having previously violated this 
section commits a civil violation for which a fine of not more 
than $2.500 may be adjudged. 
Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPAR'l'MENT OF 
Liquor Enforcement 
0293 
The 
following 
Ini tiative: 
Appropriates funds 
III 
position 
and 
necessary 
additional wine-related permits. 
for one additional Clerk Typist 
operating 
expenses 
to 
process 
HOUSE AMENDMENT 
HOUSE AMENDMENT "A" to COMMITTEE AMENDMENT "B" to H.P. 415, L.D. 
GENERAL nnm 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2005-06 
0.000 
$0 
$0 
$0 
2006-07 
1.000 
$28,354 
$1,012 
$29,366' , 
This amendment establishes a wine connoisseur permit. 
This 
permit provides that a person may have up to 6 cases of wine per 
year shipped from a specialty wine permittee by way of a common 
carrier. 
The fee for a wine connoisseur permit is $50 per year. 
The holder of a wine connoisseur permit is required to pay all 
applicable taxes and must retain records of wine shipments for 2 
years. 
This amendment also grants routine technical rule-making 
authority to the Department of Public Safety, Division of Liquor 
Licensing and Compliance to ensure that bottles of wine received 
using a wine connoisseur permit comply with the bottle deposit 
law. 
The amendment also establishes a specialty wine permit. 
The 
permit provides that a person who ferments, ages and bottles that 
person's own wine may ship up to 50 cases of wine to qualified 
wine connoisseur permittees during a l2-month period. 
The annual 
fee for 
a 
specialty wine permit is $25. 
The 
amendment also 
grants routine technical rule-making authority to the bureau to 
ensure that specialty wine permittees sell and deliver the wine 
only to qualified wine connoisseur permittees and to include 
annual reporting guidelines in the rules. 
SPONSORED BY: 
(Representative 
TOWN: 
Frankfort 
FISCAL NOTE REQUIRED 
(See attached) 
LlfJf#t7 
HOUSE AMENDMENT 
Approved: 04111/06 .Mac 
LD560 
LR 0357(05) 
An Act To Permit Interstate Wine and Malt Liquor Sales and Delivery to Homes 
Fiscal Note for House Amendment '11 .. to Committee Amendment ':/!J' 
Sponsor: Rep. Lindell 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - General Fund 
2005-06 
2006-07 
$0 
$29,366 
$0 
$29,366 
Projections 
2007-08 
$33,460 
$33,460 
Projections 
2008-09 
$35,080 
$35,080 
Authorizing a $25 specialty wine permit fee to be paid by wineries will increase General Fund revenues collected by 
the Department of Public Safety. The amounts will depend on the number of wineries that apply for specialty wine 
permits. The number of permits is not estimated in this fiscal note but any revenue generated from this permit will 
reduce the net General Fund cost of this amendment. The Department of Public Safety will need a Clerk Typist III 
position at a cost of $29,366 in fiscal year 2006-07 to handle the additional administrative work that will be created by 
the authorization of the two permits. 
LR0357(5) - Fiscal Note - Page 1 of 1