An Act To Allow Farm Wineries To Charge for Wine Tastings
Maine Legislature, Session 125, LD 0002
Committee Amendment CA_A_S25 (Senate)
Amends: 28-A MRSA §1355

COMMITTEE AMENDMENT" A " to S.P. 17, L.D. 2, Bill, "An Act To Allow 
Farm Wineries To Charge for Wine Tastings" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the folIowing: 
'Sec. 1. 28-A MRSA §1355, sub-§3, ~, as amended by PL 1993, c. 730, §46, is 
further amended to read: 
B. A holder of a fann winery license may serve complimentary samples of wine and 
sell, during regular business hours, wines produced at the winery by the bottle, by the 
case or in bulk on the premises of the winery to persons who are not minors. A holder 
of a fann winery license may serve complimentary samples of wine on Sunday after 
the hour of 12 noon and may selL wines on Sunday after the hour of 12 noon if the 
municipality in which the winery is located has authorized the sale of wines on 
Sunday for consumption off the premises under chapter 5. 
A farm winery may 
charge for samples of wine served in accordance 'with paragraph B-1. 
Sec. 2. 28-A MRSA §1355, sub-§3, fB-l is enacted to read: 
B-1. A farm winery that wishes to charge for samples shall otherwise comply with 
the conditions in paragraph B and shall file a form as prescribed by the bureau. After 
submission of the form to the bureau, each sample poured is subject to a charge in an 
amount determined by the farm winery and is subject to the sales tax for alcoholic 
beverages in accordance with Title 36, section 1811. A farm winelY shall maintain a 
record of wine samples subject to a charge and maintain those records for a period of 
years. 
A farm winery that charges for samples of wine may not offer 
complimentary samples until the bureau has been notified that samples are no longer 
subject to a charge. This paragraph is repealed February 1, 2014.' 
SUMMARY 
This amendment establishes a framework for a farm winery that wishes to charge for 
samples of wine produced by the winery. In order to charge for samples, the farm winery 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 17, L.D. 2 
must notify the Department of Public Safety's bureau that administers the liquor licensing 
laws and maintain a record of samples. Each sample poured is subject to the 7% sales tax 
on alcoholic beverages. 
Once a farm winery charges for samples it may not offer 
complimentary samples unless it notifies the bureau that samples are no longer subject to 
a charge. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/22/11 
fra'C: 
LD2 
LR 454(02) 
An Act To Allow Farm Wineries To Charge for Wine Tastings 
Fiscal Note for Bill as Amended by Committee Amendment "Aft S -25 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Allowing farm wineries to charge for wine tastings subject to certain record-keeping and reporting requirements may 
result in a minor increase in sales tax revenue from any additional sales that may occur. Additional costs to the 
Department of Public Safety associated with enforcement of the provisions of this legislation can be absorbed with 
existing staff and within existing budgeted resources. 
LR0454(02) - Fiscal Note - Page 1 of 1