An Act II
Maine Legislature, Session 125, LD 0649
Committee Amendment CA_A_H393 (House)
Amends: 28-A MRSA §709

COMMITTEE AMENDMENT ·l1" 
Regarding Special Taste-testing Festivals" 
to H.P. 479, LD. 649, Bill, "An Act 
II 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish a Special Food and Beverage Industry Taste-testing Event 
License' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 28-A MRSA §709, sub-§2, ~E, as enacted by PL 19R7, c. 45, PL A, §4, 
i 7 
is amended to read: 
E. 
Those licensed under section sections 1052-B, 1052-C, 1205, 1207 and 1402 
offering free wine samples or tastings; 
Sec. 2. 28-A MRSA § 1052-C is enacted to read: 
§10S2-C. Special food and beverage industrv taste-tasting event license 
l. Special food and beverage industry taste-tasting event license. Malt liquor and 
wine wholesalers licensed und~r section 140 I and manufacturers licensed under section 
1355 may apply iointly for a special food and beverage industry taste-tasting event 
license to participate in a special food and beverage industry taste-testing event under this 
section. This license authorizes taste testing of malt liquor, wine, fortified wine and 
spirits at an event designed to promote the food and beverage or hospitality industry 
where more than 50% of the participants in the event represent an industry or business 
that holds a license to manufacture, sell or serve alcoholic beverages. 
2. Fee. The license fee for the special food and beverage industry event taste-testing 
license is $20 for each wholesaler or manufacturer. 
3. Application. The wholesaler and manufacturer licensees must apply jointly for a 
special food and beverage industry taste-testing event license by filing a written 
Page I - 12SLR13IO(02)-1 
COMMITTEE AMENDMENT 
COMMIlTEE AMENDMENT"~" to H.P. 479, LD. 649 
I 
application with the bureau at least 30 days before the special food and beverage industry 
taste-testing event The application must include the following: 
A. The name and address of each licensee; 
B. The title and purpose of the event; 
C. The date, time and duration ofthe event;. 
D. The location of the event; and 
E. 
Approval by the municipal officers or a municipal official designated by the 
municipal officers of the municipality where the proposed special food and beverage 
industry taste-testing event will be located. 
Notwithstanding section 653, the 
approval may be granted without public notice. 
II 
4. Up to 5 licensed events per year; one event per license. A manufacturer or 
wholesaler may obtain up to 5 licenses under this section per calendar year. Each hcense 
permits an event lasting up to 3 consecutive days. 
S. Ruling on application. Upon receipt of an application under subsection 3, the 
bureau shall immediately approve or deny the apphcation. The bureau shall advise the 
applicants that the license may be revoked or suspended under chapter 33. 
6. 
Conditions. 
The following conditions apply to special food and beverage 
industry taste-testing events under this section. 
A. A sales representative licensed in accordance with section 1502 of a manufacturer 
that has been issued a license under this section may pour or provide a taste-testing 
sample of any product the manufacturer is licensed to manufacture under this Title. 
B. A certificate of approval holder may pour or provide a taste-testing sample of any 
malt liquor, wine or fortified wine product the certificate of approval holder is 
licensed to distribute under this Title. 
C. A minor is prohibited from attending the event unless accompanied bv a parent or 
guardian or the alcohol served at the event is confined to a segregated area where 
minors are prohibited. 
D. Taste-testing must be conducted within the hours of retail sale established in this 
Title. 
E. A person who is visibly intoxicated may not be served. 
7. Additional provision for wine. A sales representative licensed in accordance 
with section 1502 may provide wine that is not registered with the bureau but has been 
registered with the United States Department of the Treasury, Alcohol and Tobacco Tax 
and Trade Bureau to a caterer licensed to serve alcoholic beverages at the food and 
beverage industry taste-testing event for the purpose of promoting that wine for 
distribution and sale in the State. 
8. Excise taxes; premiums. A licensee under this section must pay the appropriate 
excise taxes and premiums under sections 1652 and 1703 before the scheduled date of the 
special food and beverage industry taste-testing event. 
COMMITTEE AMENDMENT 
COMMTlTEE AMENDMENT ,·A "to H.P. 479, L.D. 649 
I 
Sec. 3. Waiver. Notwithstanding the Maine Revised Statutes, Title 28-A, section 
1052-C, subsection 3, until August I, 2011, the bureau may issue a special food and 
beverage industry taste-testing event license regardless of whether or not the application 
for the event license was submitted 30 days before the event.' 
SUMMARY 
This amendment replaces the bill except for the emergency preamble and emergency 
clause. The amendment establishes a special food and beverage industry taste-testing 
event license for manufacturers and wholesalers of alcoholic beverages who are 
participants in an event designed to promote the food and beverage or hospitality 
industry. Under current law, only a caterer or other person licensed to sell alcoholic 
I 
beverages for on-premises consumption may sell or serve samples of alcoholic beverages 
at such an event. This license permits a manufacturer, wholesaler or a manufacturer's 
sales representatives to serv'e alcoholic beverages. 
The amendment also provides a 
specific exception that pennits a caterer to serve wine that is not registered with the State 
at a special food and beverage industry taste-testing event in order to promote that wine 
for distribution and sale ill the State. 
FISCAL :\OTE H.E{lLlKEU 
(S~e_~tt~che~)_ 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05121/1 I 
~ac 
LD649 
LR 1310(02) 
An Act Regarding Special Taste-testing Festivals 
Fiscal Note for Bill as Amended by Committee Amendment ,,~, 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
General Fund revenue may increase by a minor amount due to the new special food and beverage industry event taste-
testing license. Additional costs to the Department of Public Safety associated with issuing these licenses and 
enforcing the provisions of the license can be absorbed with existing staff and within existing budgeted resources,. 
LR 1310(02) - Fiscal Note - Page 1 of I