An Act To Allow Direct Shipment of Beer and Wine by Retail Licensees
Maine Legislature, Session 125, LD 1141
Committee: Veterans and Legal Affairs
Sponsors: PILON, LANGLEY, BENNETT, VALENTINO, HOBBINS
Amends: 28-A MRSA §1209

Legislative Document 
No. 1141 
H.P. 847 
House of Representatives, March 16, 2011 
An Act To Allow Direct Shipment of Beer and Wine by Retail 
Licensees 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PILON of Saco. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: BENNETT of Kennebunk, VALENTINO of Saco, Senator: HOBBINS of 
York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1209 is enacted to read: 
§1209.  Direct shipment of malt liquor and wine 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Direct retail shipper" means a licensee under this chapter who has obtained a 
direct retail shipper license under subsection 2. 
B.  "Outside the State" means any state other than this State and any territory or 
possession of the United States, but does not include a foreign country. 
2.  Direct retail shipper license.  An off-premise retail licensee under this chapter 
may obtain a direct retail shipper license by filing with the Liquor Licensing and Tax 
Division an application in a form determined by the bureau accompanied by an 
application fee of not more than $200 and a true copy of the off-premise retail licensee's 
current off-premise retail license issued under this chapter. 
3.  Direct retail shipment requirements.  A direct retail shipper may ship malt 
liquor or wine to a location in the State or outside the State only: 
A.  Upon consummation of the transaction on the licensed premises for the malt 
liquor or wine to be shipped, including receipt of electronic or credit card payments; 
B.  To a recipient for personal use and not for retail; 
C.  If the malt liquor or wine was purchased by the direct retail shipper from a 
wholesale licensee; and 
D.  With a label on the outside of each package of malt liquor or wine to be shipped 
that conspicuously reads "CONTAINS ALCOHOL: SIGNATURE OF A PERSON 
YEARS OF AGE OR OLDER IS REQUIRED FOR DELIVERY." 
4.  Common carrier.  Shipments made in accordance with this section must be made 
by a common carrier and be accompanied by a shipping label that clearly indicates the 
name of the direct retail shipper and the name and address of the recipient.  The common 
carrier shall obtain the signature of a person 21 years of age or older at the address listed 
on the shipping label prior to delivery of the shipment.  The common carrier shall request 
photographic identification from the person signing for the shipment and verify that the 
person is 21 years of age or older. 
5.  Prohibited shipping areas.  A direct retail shipper may not ship to an address in 
an area identified by the bureau as a prohibited shipping area or a local option area. 
6.  License renewal.  A direct retail shipper may annually renew its direct retail 
shipper license with the bureau by paying a $50 renewal fee and providing the bureau 
with a true copy of its current off-premise retail license issued under this chapter. 
7.  Violation.  A person, including a common carrier, who knowingly violates this 
section is subject to a fine of up to $500 for a first offense and up to $1,000 for any 
subsequent violation of this section.  A direct retail shipper or common carrier who 
knowingly delivers malt liquor or wine under this section to a person under 21 years of 
age is subject to a fine of up to $5,000.  The bureau may suspend or revoke a direct retail 
shipper license issued under subsection 2 for failure to comply with the requirements of 
this section.  The bureau may accept payment of an offer in compromise in lieu of 
suspension under this subsection; such payments must be determined by rules adopted by 
the bureau. 
8.  Rules.  The bureau may adopt rules to carry out the purposes of this section.  
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill allows off-premise retail licensees of beer and wine to direct ship beer and 
wine in and outside the State subject to certain conditions, including: 
1.  The transaction must be consummated on the licensed premises; 
2.  The beer or wine must be purchased from a licensed wholesaler; 
3.  The recipient must be 21 years of age or older and provide proof of age upon 
delivery; 
4.  The beer or wine may only be for personal use and not for resale; and 
5.  The package must contain a label on its exterior indicating that it contains alcohol 
and may only be delivered to a recipient who is 21 years of age or older.