An Act To Increase the Opportunities for Taste-testing Events for On-premises Liquor Licensees
Maine Legislature, Session 126, LD 1042
Committee: Veterans and Legal Affairs
Sponsors: TUTTLE, LONGSTAFF, SAUCIER, SCHNECK
Amends: 28-A MRSA §1051

Legislative Document 
No. 1042 
S.P. 359 
In Senate, March 14, 2013 
An Act To Increase the Opportunities for Taste-testing Events for 
On-premises Liquor Licensees 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed 
pursuant to Joint Rule 218. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator TUTTLE of York. 
Cosponsored by Representative LONGSTAFF of Waterville and 
Representatives: SAUCIER of Presque Isle, SCHNECK of Bangor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1051, sub-§8 is enacted to read: 
8.  Liquor taste-testing events for general public on retail licensee's premises.  
The bureau may authorize an on-premise retail licensee to conduct taste testings of liquor 
open to the public on the licensed premises.  Taste-testing events under this subsection 
must be conducted during hours that are authorized by the bureau for the sale of liquor on 
the licensed premises and may be held in collaboration with a certificate of approval 
holder, sales representative licensed under section 1502 or wholesale licensee.  The 
following conditions apply to all taste-testing events conducted under this subsection. 
A.  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 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 of 3 ounces of wine. 
D.  A person may not be served more than a total of 1 1/2 ounces, in 1/2 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. 
E.  A person may not be charged a fee for any liquor served as part of a taste-testing 
event. 
F.  A person may not be served who is visibly intoxicated. 
G.  A taste-testing event must be conducted within the hours of retail sale established 
in this Title. 
H.  The retail licensee must obtain the written permission of the bureau before 
conducting a taste-testing event. 
I.  The retail licensee may conduct up to 3 taste-testing events per month.  
J.  A taste-testing event is not allowed in any municipality where on-premises and 
off-premises sales are not allowed pursuant to chapter 5. 
K.  The retail licensee must notify the bureau of the date and time scheduled for a 
taste-testing event. 
L.  Liquor served at a taste-testing event may be provided by: 
(1)  The retail licensee purchasing the liquor from a wholesale licensee or agency 
liquor store; 
(2) A certificate of approval holder or wholesale licensee directly from the 
certificate of approval holder or wholesale licensee at the retail price for the 
liquor; or 
(3)  A certificate of approval holder or wholesale licensee purchasing the liquor 
from the retail licensee's existing inventory of stock at the retail price for the 
liquor. 
A record of a transaction under this paragraph must be maintained and made 
available to the bureau. 
M.  Prior to a taste-testing event, the retail licensee shall post prominently at the 
entrance to the licensed premises a sign that announces the date and time of the event. 
N.  A retail licensee, with prior approval from the bureau, may conduct an invitation-
only taste-testing event at the licensed premises in place of or to coincide with a taste-
testing event that is open to the public.  A taste-testing event that is exclusively 
invitation only is not subject to the posting requirement in paragraph M. 
O.  After a taste-testing event is concluded, if a certificate of approval holder, 
licensed sales representative or wholesale licensee has provided liquor for the event, 
the certificate of approval holder, licensed sales representative or wholesale licensee 
shall remove any remaining liquor supplied for the event from the licensed premises. 
P.  A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may provide and distribute food or 
snacks to be consumed in conjunction with the liquor to be tasted at no cost to the 
public or the retail licensee if the total cost for the food or snacks does not exceed 
$200 per event.  Any remaining food or snacks provided in conjunction with a 
taste-testing event must be removed by the certificate of approval holder, licensed 
sales representative or wholesale licensee from the licensed premises at the 
conclusion of the event. 
Q.  A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may provide material to advertise 
the liquor being offered at the taste-testing event or for the promotion of responsible 
use of alcohol. A certificate of approval holder, licensed sales representative or 
wholesale licensee may use the advertising material only for promotional display on 
the licensed premises.  Advertising material related to the taste-testing event may 
include signs, coasters, napkins, table tents and items of like value and must be 
removed by the certificate of approval holder, licensed sales representative or 
wholesale licensee from the licensed premises at the conclusion of the event. 
R.  A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may distribute novelties to the public 
during the event at a cost not to exceed $3 per novelty.  All remaining novelties under 
this paragraph must be removed by the certificate of approval holder, licensed sales 
representative or wholesale licensee from the licensed premises at the conclusion of 
the taste-testing event. 
SUMMARY 
This bill allows on-premises liquor licensees to conduct up to 3 taste-testing events 
per month for the general public under conditions and restrictions similar to those 
imposed upon off-premises licensees.  The bill also allows in-state distillers, brewers and 
wineries and in-state and out-of-state wholesalers to provide or supply products for the 
on-premises licensee to use as taste-testing samples including by purchasing those 
products from the on-premises licensee's existing stock of inventory.