An Act
Maine Legislature, Session 124, LD 0498
Committee Amendment CA_A_H281 (House)
Amends: 28-A MRSA §1207

COMMITTEE AMENDMENT "A" 
Regarding Alcoholic Beverage Tastings" 
to H.P. 353, L.D. 498, Bill, "An Act 
Amend the bill in section 1 in §460 in subsection 1 in the last line (page I, line 8 in 
L.D.) by inserting after the following: "prohibited" the following: " except as permitted 
under section 1205 or 1207' 
Amend the bill in section 1 in §460 by striking out all of subsection 2 (page 1, lines 9 
to 29 in L.D.) and inserting the following: 
'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 whoJlave not yet attained 21 years 
of age. 
B. A person may not be served more than a total of 1 112 ounces, in 112 ounce 
servings, of distilled spirits having an alcohol content of 80 proof or less; or, for 
distilled spirits containing an alcohol content of greater than 80 proof, a person may 
not be served more than a total of 3/4 of an ounce in 1/4 ounce servings. 
C. Distilled spirits must be dispensed using a standard measuring device. 
D. Distilled spirits having an alcohol content of greater than 80 proof may not be 
offered for tasting at the same time as distilled spirits having an alcohol content of 80 
proof or less. 
E. A person may not be charged a fee for any distilled spirits served as palt of a 
taste-testing activity. 
F. A person may not be served who is visibly intoxicated. 
G. Taste testing must be limited to a designated area. 
H. Taste testing must be conducted within the hours of retail sale established in this 
Title. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 353, L.D. 498 
1. The agency liquor store must obtain the written permission of the bureau before 
conducting any taste-testing activity. 
J. The agency liquor store may conduct up to 3 tastings per month but no more than 
taste-testing events per year, including tastings conducted under sections 1205 and 
1207. 
K. 
Taste testing is not allowed in any municipality where on-premises and off-
premises sales are not allowed pursuant to chapter 5. 
L. The agency I iquor store must notify the bureau of the date and time scheduled for 
all taste-testing events. 
M. The agency liquor store must purchase all distilled spirits served at a taste testing 
from the wholesale liquor provider as defined in section 50 I.' 
Amend the bill in section 2 by striking out all of § 1205 (page 2, lines I to 35 in L.D.) 
and inserting the following: 
'§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 whose gross income is derived from the sale of '.vine, malt liquor or spirits, 
stocking at least 125 different wine labels or a fine wine store 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: 
A. No wine Wine may not be served to persons who have not yet attained the age of 
years; 
B. Ne A person may not be served more than a total of 5 ounces of wine having an 
alcohol content of 14% or less; or, for wine having an alcohol content greater than 
14%, a person may not be served more than a total of3 ounces of wine; 
. 
C. Ne A person may not be charged a fee for any wine served as part of a taste-
testing activity; 
D. Ne A person may not be served who is visibly intoxicated; 
E. Taste testing -is must be limited to a designated area; 
F. Taste testing ffiaI-I. 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 up to 3 tastings per month but no more than 
one taste testing 12 taste-testing events per me-nth- year, including tastings conducted 
under sections 460 and 1207; 
COMMITTEE AMENDMENT 
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COMMIlTEE AMENDMENT .. A 
"to H.P. 353, L.D. 498 
I. Taste testing is not allowed in any municipality where on premise on-premises and 
off nremi!'le 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 taste testing all taste-testing events; 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 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.' 
Amend the bill in section 3 in §1206 in the first paragraph in the last line (page 3, line 
in L.D.) by striking out the following: "sections 1205 and 1505" and insel1ing the 
following: 'sections 460, 1205 and 1207' 
Amend the bilI by inserting after section 3 the following: 
'Sec. 4. 28-A MRSA §1207is enacted to read: 
§1207. Taste testing of malt liquor 
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 stocking at least 
different brands of malt liquor to conduct taste testing of malt liquor on that 
licensee's premises. Any other consumption of alcoholic beverages on an off-premise 
retail licensee's premises is prohibited, except as permitted under section 460 or 1205. 
2. Conditions on taste-testing activities. The conditions under this subsection 
apply to taste-testing activities under this section. 
A. Malt liquor 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 12 ounces of malt liquor having 
an alcohol content of 6% or less; for malt liquor having an alcohol content greater 
than 6% but less than 12%, a person may not be served more than a total of 6 ounces; 
or, for malt liquor having an alcohol content of 12% or greater, a person may not be 
served more than a total of 3 ounces. 
C. A person may not be charged a fee for any malt liquor 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 353, L.D. 498 
G. 
The retail licensee must obtain the written permission of the bureau before 
conducting any taste-testing activity. 
H. The retail licensee may conduct up to 3 tastings per month but no more than 12 
taste-testing events per year, including tastings under section 460 or 1205. 
I. Taste testing is not allowed in any municipality where on-premises and off-
premises sales are not allowed pursuant to chapter 5. 
J. The retail licensee must notify the bureau of the date and time scheduled for all 
taste-testing events. 
K. The retail licensee must purchase all 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.' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF· 
Liquor Enforcement 0293 
Initiative: Provides funding for a Public Safety Inspector II position and related All Other 
costs to ensure inspection and enforcement at agency liquor stores and retail stores 
holding additional alcoholic beverage tastings. 
GENERAL FUND 
2009-10 
2010-11 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$63,106 
$66,852 
All Other 
$4,750 
$4,800 
Capital Expenditures 
$26,000 
$0 
GENERAL FUND TOTAL 
$93,856 
$71,652 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment provides that certain off-premise retail licensees may offer malt 
liquor for tasting in addition to wine and spirits. Tastings are limited to one type of 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A" to H.P. 353, L.D. 498 
alcohol and may be held up to 3 times per month but no more than 12 times per year. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/04/09 
;:!;PaC'-
LD498 
LR 341(02) 
An Act Regarding Alcoholic Beverage Tastings 
Fiscal Note for Bill as Amended by Committee Amendment ,4" 
Committee: Legal and Veterans Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
$93,856 
$93,856 
2010-11 
$71,652 
$71,652 
Projections 
2011-12 
$73,711 
$73,711 
Projections 
2012-13 
$75,834 
$75,834 
The bill includes a General Fund appropriation to the Department of Public Safety of$93,856 in fiscal year 2009-10 
and $71,652 in fiscal year 2010-11 for a Public Safety Inspector II position and related administrative costs to handle 
increased activity oftastings. The bill allows the 340 agency liquor stores to hold wine, spirits and malt liquor 
tastings, and allows retail stores to hold malt liquor tastings. It is assumed that 300 of the agency stores will 
participate and another 100 retail stores will hold malt liquor tastings. The position would inspect the area where the 
tastings are held and ensure compliance of the establishments. It is also assumed that consumers who participate in 
these events may make different choices in alcoholic purchases, as opposed to purchasing additional products. 
Therefore, no additional excise tax is expected .. 
LR0341 (02) - Fiscal Note - Page 1 of 1 
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