An Act To Allow Direct-to-consumer Wine and Malt Liquor Sales
Maine Legislature, Session 123, LD 0143
Committee: Legal and Veterans Affairs
Sponsors: BROMLEY
Amends: 28-A MRSA §2077-B

Legislative Document 
No. 143 
S.P.54 
In Senate, January 16, 2007 
An Act To Allow Direct-to-consumer Wine and Malt Liquor Sales 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Prinlt:o un rt:'l:ydetJ pa~r 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRS A §1403-A is enacted to read: 
§1403-A. 
Purchase of wine or malt liquor by mail 
1. 
Direct shipment of wine or malt liquor to residents. A person currently 
licensed in another state as an alcoholic beverage producer, supplier, importer, 
wholesaler, distributor 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 
or malt liquor directly to a resident of this State who is 21 years of age or older for that 
resident's personal use. 
2. 
Nonresident shipper application. Before sending a shipment to a resident of 
this State, a nonresident shipper must hold a certificate of approval as provided in section 
1351 and file an application for a license with the bureau on a form issued by the bureau 
along with a true copy of its current alcoholic beverage license issued in another state and 
a $100 registration fee. 
3. 
Delivery to resident 21 years of age or older. Wine or malt liquor 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 21 years of age or older. All containers used 
for shipment of wine or malt liquor under this section 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. 
6. 
Payment of state taxes. A nonresident 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 1 st of each year the total number of bottles of wine or malt liquor, by type, 
shipped into the State in the preceding calendar year. 
8. 
Audit. The bureau may perform an audit of a nonresident shipper's records at 
any time. 
9. 
Violation. Violation of this section is a Class D crime. A violation of this 
section constitutes a violation of the Maine Unfair Trade Practices Act. The bureau may 
enforce the requirements of this section by administrative proceedings to suspend or 
Page I - 123LR0164(Ol)-1 
revoke a nonresident shipper's license. The bureau may accept payment of an offer in 
compromise in lieu of suspension; such payments must be determined by rule adopted by 
the bureau. 
10. 
Adoption of rules. The bureau may adopt rules to carry out the purposes of 
this section. Rules adopted pursuant to this subsection are routine technical rules as 
defined in Title 5, chapter 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 or malt liquor pursuant to section 1403-
A. 
SUMMARY 
This bill allows an out-of-state shipper to ship wine or malt liquor directly to a 
resident of this State who is 21 years of age or older for that resident's personal use.