An Act To Allow Direct-to-consumer Wine and Malt Liquor Sales
Maine Legislature, Session 123, LD 0143
Committee Amendment CA_A_S245 (Senate)
Amends: 28-A MRSA §1403-A, 36 MRSA §1754-B

Minority 
COMMITTEE AMENDMENT" A" to S.P. 54, L.D. 143, Bill, "An Act To Allow 
Direct-to-consumer Wine and Malt Liquor Sales" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow Direct-to-consumer Wine Sales' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 28-A MRSA §1403-A is enacted to read: 
§1403-A. 
Purchase of wine by mail 
1. 
Direct shipment of wine 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 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 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 
under this section must be conspicuously labeled with the words "CONTAINS 
ALCOHOL: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED 
FOR DELIVERY." 
COMMITTEE AMENDMENT 
.1 
COMMITTEE AMENDMENT ';A "to S.P. 54, L.D. 143 
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. As a condition of receiving a certificate of approval as 
provided in section 1351, a nonresident shipper shall comply with Title 36, Parts I 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 shall 
agree to be subject to the jurisdiction of this State for purposes of the enforcement of 
those obligations. The requirements of this subsection shall apply notwithstanding any 
other provision of state law. 
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 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 
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 shall adopt rules to carry out the purposes of 
this section, including but not limited to rules requiring specific labeling and registration 
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.' 
Amend the bill in section 2 in subsection 1 in the 2nd line (page 2, line lOin L.D.) by 
striking the following: "or malt liquor" 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 36 MRSA §1754-B, sub-§l, ~G, as amended by PL 2005, c. 218, §20, is 
further amended to read: 
G. 
Every seller of tangible personal property or taxable services that has a 
substantial physical presence in this State sufficient to satisfy the requirements of the 
due process and commerce clauses of the United States Constitution. The following 
activities do not constitute a substantial physical presence for the purpose of this 
paragraph: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " to S.P. 54, L.D. 143 
(1) Solicitation of business in this State through catalogs, flyers, telephone or 
electronic media when delivery of ordered goods is effected by the United States 
mail or by an interstate 3rd-party common carrier; 
(2) Attending trade shows, seminars or conventions in this State; 
(3) Holding a meeting of a corporate board of directors or shareholders or 
holding a company retreat or recreational event in this State; 
(4) Maintaining a bank account or banking relationship in this State; or 
(5) Using a vendor in this State for printing, drop shipping or telemarketing 
services; aOO 
Sec. 4. 36 MRSA §1754-B, sub-§l,~, as enacted by PL 2005, c. 218, §21, is 
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 
services7; and 
Sec. 5. 36 MRSA §1754-B, sub-§l, ~ is enacted to read: 
I. Every person that holds a nonresident shipper's license under Title 28-A, section 
1403-A.' 
SUMMARY 
This amendment is the minority report. This amendment changes the bill so that a 
nonresident shipper's license applies only to wine. The amendment requires the 
Department of Public Safety, Division of Liquor Licensing and Tax Division to adopt 
rules, including rules to ensure nonresident shipper compliance with bottle deposit laws. 
FISCAL :\OTE REQllRED 
{~ee attached) 
COMMITTEE AMENDMENT 
Approved: 06/07/07 hac. 
LD 143 
LR 164(02) 
An Act To Allow Direct-to-consumer Wine and Malt Liquor Sales 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium revenue increase - General Fund 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes under the Maine Unfair Trade Practices Act. 
Fiscal Detail and Notes 
Authorizing a registration fee to be paid by out-of-state shippers will increase General Fund revenue collected by the 
Department of Public Safety; the amounts will depend on the number of out-of-state wine shippers who register and 
cannot be determined at this time. 
LROl64(02) - Fiscal Note - Page I of 1