An Act Regarding Alcoholic Beverage Tastings Reference to the Conmlittee on Legal and Veterans Affairs suggested and ordered printed.
Maine Legislature, Session 124, LD 0498
Sponsors: TUTTLE, PLOWMAN, BEAULIEU, MARRACHE, SULLIVAN
Amends: 28-A MRSA §460, 28-A MRSA §1205, 28-A MRSA §1505

Legislative Document 
No. 498 
H.P.353 
House of Representatives, February 12, 2009 
An Act Regarding Alcoholic Beverage Tastings 
Reference to the Conmlittee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative TUTTLE of Sanford. 
Cosponsored by Senator PLOWMAN of Penobscot and 
IY/dt~ 1?1.1J?t1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, CAREY or Lewiston, Senators: MARRACHE of 
Kennebec, SULLIVAN of York. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §460 is enacted to read: 
§460. Agency liquor store taste testing of distilled spirits 
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. 
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. 
1. 
Taste testing is not allowed in any municipality where on-premises and off-
premises sales are not allowed pursuant to chapter 5. 
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 riJay adopt rules to implement this 
section. Rules adopted pursuant to this subsection are routine technical rules as defmed 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 28-A MRSA §1205, as amended by PL 2005, c. 32, §1, is further amended 
to read: 
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§1205. Taste testing of wine 
1. 
Taste testing on off-premise retail licensee's premises. 
Subject to the 
conditions in subsection 2, the bureau may authorize an off-premise retail licensee, ~ 
or more of '.vhose gross income is derived from the sale of ',vine, malt liquor or spirits, or 
a fine wine store stocking at least 125 different wine labels, to conduct taste testings of 
wine 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: 
lOA. No '.vine Wine may not. be served to persons who have not yet attained the age of 
years; 
B. We A person may not be served more than a total of 5 ounces of wine; 
C. We A person may not be charged a fee for any wine served as part of a taste-
testing activity; 
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D. We A person may not be served who is visibly intoxicated; 
E. Taste testing is must be limited to a designated area; 
F. Taste t~sting -shall must be conducted within the hours of retail sale established in 
this Title; 
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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 12 taste-testing 
events per menth year; 
I. Taste testing is not allowed in any municipality where on premise on-premises and 
off premise off-premises sales are not allowed pursuant to chapter 5; 
J. The retail licensee must notify the Bureau of Liquor Enforcement bureau of the 
date and time scheduled for an on premise on-premises taste testing; and 
K. 
The retail licensee must purchase all wine 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 teclmical rules as defIned 
in Title 5, chapter 375, subchapter 2-A. 
For the purposes of this seotion, "fine wine store" means a store that carries at least 
different 'Yine labels orcarries at least 125 different wine labels, holds a wine lioense 
.only and meets the compatible merchandise requirement of seotion 1201. subseotions 6 
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Sec. 3. 28-A MRS A §1206, as enacted by PL 1993, c. 266, §23, is amended to 
read: 
§1206. Consumption prohibited on off-premises retail premises 
A person may not consume liquor on the premises of an off-premise retail licensee 
licensed under this chapter except as provided in section sections 1205 and 1505. 
Sec. 4. 28-A MRSA §1505 is enacted to read: 
§1505. Participation in tasting events 
A sales representative holding a license under section 1502 may participate in a 
tasting event permitted under section 460 or 1205 subject to the provisions of this section. 
1. Educational presentations. A sales representative participating in a tasting event 
pursuant to this section may provide written or oral educational presentations and 
materials relating to the brands and products being offered for tasting at the event, as long 
as no cost is imposed for the presentations or materials on the licensee or the consumer. 
2. Complimentary food or snacks. A sales representative participating in a tasting 
event pursuant to this section may provide and distribute, at no cost to the consumer or 
the licensee, complimentary food or snacks to be offered and consumed in conjunction 
with the products to be tasted, as long as the total cost for the food or snacks does not 
exceed $200 per event. Any remaining food or snacks provided in conjunction with a 
tasting event must be removed from the licensee's premises by the sales representative at 
the conclusion of the tasting event. 
3. Records and invoices. A sales representative participating in a tasting event 
pursuant to this section shall keep and maintain records and invoices showing the costs 
for any food, snacks or educational or informational materials provided at any approved 
tasting event. 
4. 
Pour or. distribute. 
A sales representative participating in a tasting event 
pursuant to this section may not pour or distribute to consumers the products being 
offered for tasting during the event. 
The Department of Public Safety may adopt rules to implement this section. Rules 
adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
SUMMARY 
This bill proposes to allow lirpited taste testing of alcoholic beverages by holders of 
off-premises licenses, subject to approval imd regulatio.n by the Department of Public 
Safety. The bill allows a sales representative participating in a taste-testing event to 
provide written or or111 educational materials arid provide and distribute foodat no cost to 
the consumer or licensee. 
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