An Act To Allow the Taste Testing of Malt Liquor and Spirits (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1168
Committee: Legal and Veterans Affairs
Sponsors: HARVELL, SIMPSON, BOLAND, BUTTERFIELD, COTTA, KAENRATH, SCHATZ, TRINWARD

MAINE STATE LEGISLATURE 
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Legislative Document 
No. 1168 
H.P.807 
House of Representatives, March 25, 2009 
An Act To Allow the Taste Testing of Malt Liquor and Spirits 
(AFTER DEADLINE) 
Approved for introduction by a majOlity of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered plinted. 
Presented by Representative HARVELL of Farrnington. 
Cosponsored by Senator SIMPSON of Androscoggin and 
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/J1.17l!LC~{ 
MILLICENT M. MacFARLAND 
. Clerk 
Representatives: BOLAND of Sanford, BUTTERFIELD of Bangor, CLAR.K. of Easton, 
CORNELL du HOUXof Bnmswick, COTTA of China, KAENRATH of South Portland, 
SCHATZ of Blue Hill, TRINWARD of Waterville. 
Printed on recycled pilp~r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2S-A MRSA §460 is enacted to read: 
§460. Agency liquor store taste testing of distilled spirits 
4· 
1. Taste testing on agency liquor store premises. Subject to the conditions in 
subsection 2, the bureau may authorize an agency liquor store stocking at least 200 
different codes of distilled spirits products to conduct taste testing of distilled spirits on 
that licensee's premises. Any other consumption of alcoholic beverages on an agency 
liquor store's premises is prohibited. 
2. 
Conditions on taste-testing activities. The conditions under this· subsection 
apply to taste-testing activities under this section. 
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A. Distilled spirits may not be served to persons who have not yet attained 21 years 
of age. 
B. A person may not be served more than a total of 1 1/2 ounces of distilled spirits. 
C. A person may not be charged a fee for any distilled spirits served as 'part of a 
taste-testing activity. 
D. A person may not be served·who is visibly intoxicated. 
E. Taste testing must be limited to a designated area. 
F. Taste testing must be conducted within the hours of retail sale established in this 
Title. 
G. The agency liquor store must obtain the written permission of the bureau before 
conducting any taste-testing activity. 
H. The agency liquor store may conduct no more than 12 taste-testing events per 
year. 
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I. 
Taste testing is not allowed in any municipality where on-premises and off-
premises sales are not allowed pursuant to chapter 5. 
. 
. 
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J. The· agency liquor store must notify the bureau of the date and time scheduled for 
an on-premises taste testing. . 
. 
. K. The agency liquor store must purchase all distilled spirits served at a taste testing 
from the wholesale liquor provider as defined in section 501. 
3. Rules. The Department of Public Safety may adopt rules to implement this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
. 
·33 
Sec. 2. 2S-A MRS A §1205, as amended byPL 2005, c. 32, §1, is further amended 
to read: 
Page I - 124LR1923(Ol)-1 
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§1205. Taste testing of wine and malt liquor 
1. 
Taste testing on off-premise retaO licensee's premises. 
Subject to the 
conditions in subsection 2, the bureau may authorize an off-premise retail licensee, 50% 
or more of whose gross income is derived from the sale of wine, malt liquor or spirits, or 
a fine· wine store to conduct taste testings of wine or malt liquor on. that licensee's 
premises. 
Any other consumption of alcoholic beverages on an off-premise retail 
licensee's premises is prohibited. 
2. Conditions on taste-testing activities. The following conditions· apply to taste-
testing activities under this section: 
A. 
No vline Wine or malt liquor may not be served to persons who have not yet 
attained the age of 21 years; 
B. 
We Aperson may not be served more than a total of 5 ounces of wine or malt 
liquor; 
C. 
No A person may not be charged a fee for any wine or malt liquor served as part 
of a taste-testing activity; 
D. 
No A person may not be served who is visibly intoxicated; 
E. 
Taste testing is must be limited to a designated area; 
F. 
Taste testing shall must be conducted within the hours of retail sale established 
in this Title; 
G. 
The retail licensee must obtain the written permission of the bureau before 
conducting any taste-testing activity; 
H. 
A The retail licensee may conduct no more than one taste testing per month; 
1. 
Taste testing is not allowed in any municipality where on premise on-premises 
and off oremise off-premises sales are riot allowed pursuant to chapter 5; . 
J. 
The retail licensee must notify the Bureau of Liquor Enforoement bureau of the 
date and time scheduled for an on premise on-premises taste testing; and 
K. 
The retail licensee must purchase all wine or malt liquor served at a. taste testing 
from a wholesale licensee. 
3. Rules. The Department of Public Safety may adopt rules to implement this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
. 
. 
For the purposes of this section, "fine wine store" means a store that carries at least 
different wine labels or carries at least 125 different wine labels; holds a wine license 
only and meets the compatible merchandise requirement of section 1201, subsections 6 
and 7. 
'3 
SUMMARY 
This bill allows taste testing of distilled spirits in agency liquor stores and malt liquor 
in retail stores with off-premises licenses in the same manner and under the same 
conditions as wine taste testings are currently conducted. 
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