An Act To Amend the Laws Governing Taste Testing of Alcoholic Beverages by Retail Licensees
Maine Legislature, Session 124, LD 1691
Committee: Legal and Veterans Affairs
Sponsors: WEBSTER, SULLIV AN, RUSSELL, TRINWARD
Amends: 28-A MRSA §1205, 28-A MRSA §1207

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
'J 
/ 
\, 
~., 
·124th MAI:NE LEGISLATURE 
Legislative Document 
No. 1691 
H.P. 1192· 
House of Representatives, January 6,2010 
An Act To Amend the Laws Governing Taste Testing of Alcoholic 
Beverages by Retail Licensees 
(EMERGENCY) 
. Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by Senator SULLIV AN of York and 
7Y/~ 
/J7 .. 1l?II£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CORNELL du HOUX of Brunswick, RUSSELL of Portland, TRINWARD of 
Waterville. 
P,'inted l\n rccycled pilper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective l..mtil 90 days after adjournment unless enacted as emergencies; and 
Whereas, current law is prohibitive to retail establishments that wish to conduct 
tastings of alcoholic beverages; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore; 
Be it enacted by the Peopl.e ofthe State of Maine as follows: 
Sec. 1. 2S-A MRSA §460, sub-§2, ~J,as enacted by PL 2009, c. 459, ·§1, is 
.amended to read: . 
J. The agency liquor store may conduct upto 3 tastings per month but no more than· 
taste-testing events per year for agency liquor stores that are in operation for less 
than 12 months per year, and no more than 18 taste-testing events per year for agency 
liquor stores that are in operation year-round, including fastings conducted under 
sections 1205 and 1207. 
. Sec. 2. 2S-A MRSA §460, sunb-§2,~, as enacted by PL 2009, c. 459, §1, is 
amended to read: 
.29 
N. For a minimum of 7 days immediately prior to a taste-testing event, the agency 
liquor store shall prominently post at the entrance to the store a sign that announces 
the date and time of the taste-te?ting event. 
Taste-testing activities must be 
conducted away from the' primary entrance or exit of the agency-liquor store and in a 
manner so that precludes the possibility of observation by children a person who 
chooses not to take part in the taste-testing event may navigate through the agency 
liquor store and maintain a distance of a minimum of 15 feet from the area where the 
taste-testing event is taking place. The Department of Public Safety shall report 
annually by January 15th to the joint· standing comJOflittee of the Legislature having 
jurisdiction over alcohol regulation matters regarding the operation and effectiveness 
of this paragraph. This paragraph applies to agency I iquor stores that are full-service 
grocery stores that offer a wide variety of sundries and food and beverage items for 
sale and do not showcase alcoholic beverages as the primary product offered for sale. 
This paragraph does not apply to agency liquor stores that are specialty stores that 
showcase alcoholic beverages as the primary product offered for sale or agency 
liquor stores that specialize in food products and are too ·small in area· to 
.accommodate the IS-foot distance requirement. 
Sec. 3. 2S-A MRSA §460, sunb-§2, ~O is enacted to read: 
O. Notwithstanding paragraphs Hand N, an agency liquor store, with prior approval 
from the bureau, may conduct an invitation-only taste-testing event at the agency 
liquor store location in a private room in place of or to coincide with a taste-testing 
event that is open to the public. 
. 
Page I - 124LRl066(OI)-1 
) 
) 
''J 
./ 
i 
~ 
I" 
n 
( 
, , 
\ 
Sec. 4. 28-A MRSA §1205, sub-§2, ~,as amended by PL 2009, c. 459, §2, is 
further amended to read: 
H. 
The retail licensee may conduct up to 3 tastings per month but no more than 12 
taste-testing events per year for retail licensees that are in operation for less than 12 
months per year, and no more than 18 taste-testing events per year for retail licensees 
that are in operation year-round, including tastings conducted under sections 460 and 
1207; 
Sec. 5. 28-A MRSA §1205, suh-§2, 'ilK, as amended by PL 2009, c. 459, §2, is 
further amended to read: 
10K. The retail licensee must purchase all wine served at a taste testing from a 
wholesale licensee; aruJ. 
. 
Sec. 6. 28-A MRSA §1205, sub-§2, ~, as enacted by PL 2009, t. 459, §2, is 
amended' to read: 
L. For a minimum of 7 days immediately prior to a taste-testing event, the retail 
licensee shall prominently post at the entrance to the store a sign that announces the 
date and time of the taste-testing event. Taste-testing activities must be conducted 
away from the primary entrance or exit of the store and in a manner so that precludes 
the possibility of observation by children a person who chooses not to take part in the 
taste-testing event may navigate through the store and maintain a distance of a 
minimum of 15 feet from the area where the taste-testing event is taking place. +He 
Department of Public Safety shall report at:mually by JanuaI)' 15th to the joint 
standing committee of the Legislature having jurisdiction over alcohol regulation 
matters regarding the operation and effectiveness of this paragraph. This paragfaph 
applies to retail licensees that are full-service grocery stores that offer a wide variety 
of sundries and food and beverage items for sale and do not showcase alcoholic 
beverages as the primary product offered for sale. This paragfaph does not apply to 
retail licensees that are specialty stores that showcase. alcoholic beverages as the 
primary product offered for sale or retail licensees that specialize in food products 
and are too small in area to accommodate the I5-foot distance requirement; and 
Sec. 7. 28-A MRS A §1205, sub-§2, CfIM is enacted to read: 
M. Notwithstanding paragraphs F and L, a retail licensee, with prior approval from 
the bureau, may conduct an invitation-only taste-testing event at the retail licensee 
store location in a private room in place of or to coincide with a taste-testing event 
that is open to the public. 
Sec. 8. 28-A MRSA §1207, as enacted by PL 2009, c. 438, §5, is reallocated to 
28-A MRSA §I208. ' 
. 
Sec. 9. 28-A MRS A §1207, sub-§l, as enacted by PL 2009, c. 459, §4, IS 
amended to read: 
. 
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 
.3 
stocking at least 100 different ~ 
labels 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. 
' 
Sec. 10. 28-A MRSA §1207, sub-§2, ~,as enacted by PL 2009, c. 459, §4, is 
amended to read: 
H. The retail licensee may conduct up to 3 tastings per month but no more than 12 
' 
taste-testing events per year for retail licensees that are in operation for less than 12 
months per year, and no more than 18 taste-testing events, per year for retail licensees 
that are in operation year-round, including tastings under section 460 or 1205. 
Sec. U. 28-A MRSA §1207, suh-§2, ~, as enacted by PL 2009, c. 459; §4, is 
amended to read: 
' 
--,-26 
-28 
L. For a minimum of 7 days immediately prior to a: taste-testing event, the retail 
licensee shall prominently post at the entrance to the store a sign that announces the 
date and time of the taste-testing event. Taste-testing activities must be conducted 
away from the primary entrance or exit of the store and in a manner so that precludes' 
the possibility of observation by children a person who chooses not to take part in the 
taste-testing event may navigate through the store and maintain a distance of a 
minimum of 15 feet from the area where the taste-testing event is taking place. +fle 
Department of Public Safety shall report annually by January' 15th to the joint 
standing committee of the Legislature having jurisdiction' over aleohol regulation 
matters regarding the operation and effectiveness of this paragraph. This paragraph 
applies to retail licensees that are full-service grocery stores that offer a wide variety 
of sundries and food and beverage items for, sale and do not showcase alcoholic 
beverages as the primary product offered for sale . .This paragraph does not apply to 
--retail 'licensees that are specialty stores that showcase ,alcoholic' beverages as the 
primary product offered for sale or retail licensees that specialize in food products 
and are too small in area to accommodate the IS-foot distance.requirement. 
Sec. 12. 28-A MRSA §1207, sub-§2, ~ 
is enacted to read: 
M. Notwithstanding paragraphs F and L, a retail licensee, with prior approval from 
the bureau, may conduct an invitation-only taste-testing event at the retail licensee 
store location in a private room in place of or to coincide with a taste-testing event 
that is open to the public. 
' 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
' 
SUMMARY 
This bill strikes a provision that requires taste testing of alcoholic beverages by retail 
establishments to be conducted in a manner that precludes the possibility of observation 
by children. It replaces that provision with a requirement that signs announcing the 'time 
and date of a taste-testing event be posted for at least 7 days immediately prior to the 
) 
) 
) 
n 
( 
! 
) 
event. The bill also increases from 12 to 18 the maximum annual number of taste-testing 
events that may be conducted by stores or licensees that are open year-round. The bill 
also requires that taste-testing events that take place at full-service grocery stores be set 
up in a way that a person who chooses not to take part in the taste-testing event may 
navigate through the store and maintain a distance of a minimum of 15 feet from the 
taste-testing event unless the store is a specialty store that showcases alcoholic beverages 
or is too small to meet the IS-foot distance requirement for taste-testing events. The bill 
also provides for invitation-only taste-testing 'events.