Maine Legislature, Session 123, LD 1987
Committee: Legal and Veterans Affairs
Sponsors: BROMLEY, SMITH, DAMON, NUTTING, DILL, EBERLE, PINGREE, SAMSON, SILSBY
Amends: 28-A MRSA §1403-A, 28-A MRSA §2077-B, 36 MRSA §1754-B

Legislative Document 
No. 1987 
S.P.781 
December 18,2007 
AB Act To Allow Direct-to-consumer WiDe Sales 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SMITH of Monmouth and Senators: DAMON of Hancock, 
NUTTING of Androscoggin, Representatives: DILL of Cape Elizabeth, EBERLE of South 
Portland, PINGREE of North Haven, SAMSON of Auburn, SILSBY of Augusta. 
Printed on NllYCled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §1403-A is enacted to read: 
§1403-A. 
Purchase of wine by mail 
1. 
Direct shipment of wine to r,rsidents. A person currently licensed in another 
state as an alcoholic beverage producer, s!.lJ?plier, 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 directly to a 
resident of this State for that resident's personal use if the resident is 21 years of age or 
older and has registered with the State in accordance with subsection 4. 
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 shipped pursuant to this 
section may be shipped only to a resident 21 years of age or older who has registered with 
the State in accordance with subsection 4 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 under this section must be 
conspicuously labeled with the words "CONTAINS ALCOHOL: 
SIGNATURE OF 
PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELNERY." 
4. Resident registration. A resident, 21 years of age or older, who purchases wine 
for shipment pursuant to this section must first register with the State on forms developed 
for this purpose by the bureau. 
5. 
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. 
6. 
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. 
7. 
Payment of state taxes. As a condition of receiving a certificate of approval as 
provided in section 1351, a nonresident shipper must comply with Title 36, Parts 1 and 3, 
specifically including, without limitation, all requirements relating to registration as a 
seller and the collecting, reporting and remittance of Maine sales and use taxes, and must 
35' 
agree to be subject to the jurisdiction of this State for purposes of the enforcement of 
those obligations. The requirements of this subsection apply notwithstanding any other 
provision of state law. 
Page I - 123LR3147(OI)-1 
I 
8. 
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 shipped into the State in the 
preceding calendar year. 
9. 
Audit. The bureau may perform an audit of a nonresident shipper's records at 
any time. 
10. 
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 
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 
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the bureau. 
11. 
Adoption of rules. The bureau shall adopt rules to carry out the purposes of 
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this section, including but not limited to rules requiring specific labeling and registration 
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requirements for nonresident shippers in order to ensure compliance with the laws 
governing alcoholic beverage containers in Title 32, chapter 28. 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 pursuant to section 1403-A. 
Sec. 3. 36 MRSA §1754-B, sub-§l,~, as amended by PL 2007, c. 328, §6, is 
further amended to read: 
H. 
Every person that makes retail sales in this State of tangible personal property or 
taxable services on behalf of the owner of that property or the provider of those 
services; afltl 
Sec. 4. 36 MRSA §1754-B, sub-§l, ~, as enacted by PL 2007, c. 328, §7, is 
amended to read: 
I. Every person not otherwise required to be registered that sells tangible personal 
property to the State and is required to register as a condition of doing business with 
J 
the State pursuant to Title 5, section 1825-B~; and 
Sec. 5. 36 MRSA §1754-B, sub-§l, ~J is enacted to read: 
J. Every person that holds a nonresident shipper's license under Title 28-A, section 
1403-A. 
SUMMARY 
This bill allows direct-to-consumer sales of wine to state-registered buyers.