An Act To Support Maine Businesses by Authorizing Certain Brewing Partnerships
Maine Legislature, Session 126, LD 1548
Committee Amendment CA_A_S252 (Senate)
Amends: 28-A MRSA §605, 28-A MRSA §1052-B, 28-A MRSA §1355-A

COMMITTEE AMENDMENT "A " to S.P. 590, L.D. 1548, Bill, "An Act To 
Support Maine Businesses by Authorizing Certain Brewing Partnerships" 
Amend the bill by striking out everything after the title and before the summaty and 
inserting the following: 
'Emergency preamble., Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
IS 
Whereas, current law w:lth regard to tenant breweries producing malt liquor at host 
breweries does not reflect fed(:ral recognition of this practice; and 
Whereas, it may be beneficial to breweries in this State to enter into partnerships 
that allow for shared manufacturing facilities; and 
Whereas, some licensed brewers have existing excess production capacity that 
could be utilized by tenant bn:wers, creating new employment opportunities in this State; 
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 Peoph~ of the State of Maine as follows: 
Sec. 1. 2S-A MRSA §2, sub-§32-A is enacted to read: 
32-A. Tenant brewer. "Tenant brewer" means a person who has submitted a 
brewer's notice to and received approval from the United States Department of the 
Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the brewer to engage 
in an alternating proprietorship as defined by federal regulation and is licensed by the 
bureau to produce malt liquor at a manufacturing facility of another brewer who is 
licensed by the bureau. 
COMMITTEE AMENDMENT 
'f"." \. 
COMMITTEE AMENDMENT 'A "to S.P. 590, L.D. 1548 
Sec. 2. 28-A MRSA §605, first ~, as amended by PL 1997, c. 373, §54, is further 
amended to read: 
Except as otherwise provided in this section, no license or any interest in a license 
may be sold, transferred, assigned or otherwise subject to control by any person other 
than the licensee. If the business, or any interest in the business, in connection with 
which a licensed activity is conducted is sold, transferred or assigned, the license holder 
shall immediately send to the bureau the license and a sworn statement showing the name 
and address of the purchaser. The bureau is not required to refund any portion of the 
licensee fee if the license is surrendered before it expires. For the purposes of this 
section, a tenant brewer who is licensed in accordance with section 1355-A, subsection 6 
is not considered to be subject to the control of the host brewer, as described in that 
subsection, or considered to have been transferred or assigned the license or interest in 
the license of the host brewer. 
Sec. 3. 28-A MRSA §1052-B, sub-§l, as amended by PL 2011, c. 629, §17, is 
further amended to read: 
1. Special taste-testing festival license. Malt liquor manufacturers licensed under 
section 1401 and manufacturers of malt liquor or wine licensed as small breweries, tenant 
breweries or small wineries under section 1355-A may apply jointly for an additional 
license to participate in a special taste-testing festival under this section. The special 
taste-testing festival license is valid for no more than 3 consecutive days and may be 
issued once annually. 
Sec. 4. 28-A MRSA §1355-A, sub-§6 is enacted to read: 
6. Tenant brewer. Except as otherwise provided, the following provisions apply to 
a tenant brewer license under which the holder of a tenant brewer license may produce 
malt liquor at the manufacturing facility of another brewer, referred to in this subsection 
as "the host brewer," licensed by the bureau under subsection 3. 
A. To be eligible for a tenant brewer license, a person must submit an application to 
the bureau in a manner prescribed by the bureau and hold a brewer's notice approved 
by the United States Department of the Treasury, Alcohol and Tobacco Tax and 
Trade Bureau, that authorizes a tenant brewer to use the facilities and equipment of a 
host brewer. 
B. A tenant brewer is subject to the same requirements regarding production of malt 
liquor as if the tenant brewer conducted its manufacturing on its own premises 
independently. 
C. A tenant brewer is not eligible for privileges provided in subsection 2 except for 
sampling described by paragraph A, subparagraphs (1) and (2). 
D. A tenant brewer is governed by the provisions of subsection 3 except for the 
privileges granted under paragraph C. 
E. A tenant brewer may not brew or produce malt liquor for another brewer or 
certificate of approval holder. 
F. A tenant brewer shall ensure that the tenant brewer maintains control of the raw 
ingredients used to manufacture the tenant brewer's product. 
COMMITTEE AMENDMENT 
1"'" " ~. 1 
COMMITTEE AMENDMENT "A "to S.P. 590, L.D. 1548 
G. Only one tenant brewer license may be issued per host brewer licensed under 
subsection 3. 
H. The bureau may require a tenant brewer to maintain a record or log indicating 
which equipment is being used at any time by the tenant brewer in the production of 
malt liquor and which employees are working on production of the tenant brewer's 
product. 
I. 
The bureau shall require that reports from a tenant brewer be submitted in a 
manner similar to the manner in which a brewer licensed under subsection 3 submits 
reports, The bureau shall also require a tenant brewer to submit copies of reports 
required of holders of an approved brewer's notice issued by the United States 
Department of the TreasUly, Alcohol and Tobacco Tax and Trade Bureau authorizing 
the tenant brewer to engage in an alternating proprietorship. 
Emergency clause. 
Tn view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. The amendment establishes a license for a tenant 
brewer, which is a brewer that produces malt liquor at the manufacturing facility of 
another licensed brewer. A tenant brewer is licensed simply for the production of malt 
liquor and is not granted privileges extended to the host brewer, such as operation of an 
on-site retail store or offering on-site taste-testing for the public. Under the amendment, a 
host brewer may have only one tenant brewer operating at its facility. The amendment 
also clarifies that tenant brewe:rs are authorized to take part in beer and wine taste-tasting 
festivals. The amendment adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06/01113 hac:. 
LD 1548 
LR 2145(02) 
An Act To Support Maine Businesses by Authorizing Certain Brewing Partnerships 
Fiscal Note for Bill as Amended by Committee Amendment A' IS .... ]FS 1-"'\ 
Committee: Veterans and Legal Affairs 
L 
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Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Public Safety associated with licensing and inspection of tenant brewers can be 
absorbed within existing budgeted resources. 
LR2145(02) - Fiscal Note - Page I of 1