An Act To Expand Consumer Choice for Wine
Maine Legislature, Session 126, LD 1783
Committee Amendment CA_A_H809 (House)
Amends: 28-A MRSA §2, 28-A MRSA §1201

COMMITTEE AMENDMENT "A" to H.P. 1276, L.D. 1783, Bill, "An Act To 
Expand Consumer Choice for Wine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MRSA §2, sub-§14, as amended by PL 2013, c. 368, Pt. V, §9, is 
further amended to read: 
14. 
Licensee. 
"Licensee" means a person licensed by the bureau. 
"Licensee" 
includes, but is not limited to, agency liquor stores, auction licensees and certificate of 
approval holders. 
Sec. 2. 28-A MRS A §751, sub-§4 is enacted to read: 
4. Wine purchased from auction licensee. A retail licensee shall keep a separate 
record of wine purchased from an auction licensee, as defined by section 1209, 
subsection 1, paragraph A. 
Sec. 3. 28-A MRSA §1201, sub-§2, as amended by PL 1997, c. 373, §105, is 
further amended to read: 
2. Ineligible as licensee. +he Except as provided in section 1209, the bureau may 
not issue a license for the sale of malt liquor or wine to any person who is not engaged in 
a bona fide retail business other than the sale of malt liquor or wine at retail. 
Sec. 4. 28-A MRS A §1209 is enacted to read: 
§1209. Sale of wine by auction 
Notwithstanding any provision of section 1201, chapter 55 or chapter 57 to the 
contrary, this section governs wine auctions. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
COMMITTEE AMENDMENT 
R OF &:OMMITTEE AMENDMENT "A "to H.P. 1276, L.D. 1783 
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A. "Auction licensee" means a wine auction house issued a license pursuant to this 
section. An auction licensee is not an auctioneer as defined in Title 32, section 284. 
B. "Private collection" means wine owned for consumption or investment purposes 
by a person that is not licensed as a manufacturer, retailer, distributor or wholesaler in 
any state or by the Federal Government. 
C. "Wine auction" means an event at which a wine auction house sells by auction 
wines from a private collection to private collectors who are nonlicensees, as defined 
in section 2503, and to retailers licensed to sell wine for on-premises or off-premises 
consumption. 
D. 
"Wine auction house" means a person that is not a manufacturer, retailer, 
distributor or wholesaler and that conducts a wine auction of wine owned by or 
consigned to the wine auction house. 
2. Prohibition. A wine auction house may not conduct a wine auction without a 
license pursuant to this section. 
3. License; fee; affidavit. Subject to this section, the bureau may issue a license to 
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conduct a wine auction to a wine auction house. A license issued pursuant to this 
subsection is valid for one calendar year. The license fee per calendar year is $500. The 
bureau shall require an applicant for a wine auction license to provide a signed affidavit 
attesting that the applicant has not been found in violation of a rule or a law in this State 
or another state or of the Federal Government regarding the manufacture, sale or 
distribution of alcoholic beverages. The bureau may not issue a wine auction license to a 
person who has been found in violation of a regulation, rule or law in this State or another 
state or of the Federal Government regarding the manufacture, sale or distribution of 
alcoholic beverages. 
4. Conditions. The following conditions apply to a wine auction licensed under this 
section. 
A. Fifteen calendar days prior to the wine auction, the auction licensee shall notify 
the bureau of the physical address of and the date and time scheduled for the wine 
auction and shall submit a list of the wines to be auctioned. 
B. The auction licensee shall collect registration information as determined by the 
bureau by rule from each person who is registered as a bidder for the wine auction, 
which must include, at a minimum, the name and address of the person, and shall 
submit the registration information to the bureau. Nothing in this paragraph prevents 
an auction licensee from allowing a person to register as a bidder at the time of the 
event as long as the registration information is collected and made available to the 
bureau. 
C. The auction licensee shall notify the bureau of each sale of wine at the wine 
auction. 
D. Wine sold at the wine auction may not be opened or consumed at the wine 
auction. 
E. 
The auction licensee shall ensure that the recipient of wine sold at the wine 
auction is 21 years of age or older. 
COMMITTEE AMENDMENT 
ROPS 
COMMITTEE AMENDMENT 'A" to H.P. 1276, L.D. 1783 
I 
F. 
Each container of wine auctioned must have a permanently affixed label 
indicating that the wine was acquired from a private collection. The label must 
include the name of the wine auction house and the wine auction license number 
issued by the bureau in accordance with this section. 
G. A wine auction house may not conduct more than 12 wine auctions per year. 
H. Wine to be sold at auction may not be stored on the premises where the wine 
auction is conducted. 
1. 
The auction licensee may not sell wine that the auction licensee purchased or 
received from a person who holds a license issued by any state or the Federal 
Government to manufacture, bottle, distribute or otherwise sell wine at wholesale or 
retail. 
J. The auction licensee shall maintain a record of each container of wine, listed by 
name and the number of containers available and including the origin of each 
container of wine, that will be for sale at a wine auction with an affidavit attesting 
that the wine was acquired from a private collection. The auction licensee shall 
provide, upon request from the bureau, the record under this paragraph. 
5. 
Sales and use tax; excise tax. 
An auction licensee shall comply with the 
provisions of Title 36, Part 3 including all requirements relating to the collection, 
reporting and remittance of the sales and use taxes of the State on sales of wine at a wine 
auction to nonlicensees intended for private consumption. An auction licensee shall 
comply with the provisions of chapter 65 relating to the collection, reporting and 
remittance of excise taxes of the State on sales of wine at auction. Excise taxes must be 
paid within 60 days of the wine auction. If an auction licensee fails to remit the excise 
taxes within 60 days, the bureau may prohibit the auction licensee from holding 
subsequent wine auctions until the excise taxes are paid in full. Failure to pay sales and 
excise taxes required by this subsection may result in revocation or suspension of a wine 
auction license. 
6. 
Beverage container deposit. 
Containers of wine that are not labeled in 
accordance with Title 32, section 1865 and are sold at a wine auction pursuant to this 
section are not subject to Title 32, chapter 28. 
7. 
Purchase and resale by retailers. 
A retailer licensed under this Title for 
consumption of wine on the premises or off the premises may purchase wine offered at a 
wine auction conducted pursuant to this section and may resell that wine in accordance 
with the retailer's license issued under this Title. 
8. Storage and transportation. An auction licensee shall notify the bureau of the 
physical address in the State where wine that is to be sold at auction is stored and the 
method by which wine purchased at auction will be transported. 
9. Rules. The bureau shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 5. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
COMMITTEE AMENDMENT 
_ c. 
~ ~ 
cO 
COMMITTEE AMENDMENT "A" to H.P. 1276, L.D. 1783 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Alcoholic Beverages - General Operation 0015 
Initiative: Provides funding for one Office Associate II position and related costs to 
conduct licensing activities. 
GENERAL FUND 
2013-14 
2014-15 
POSITIONS - LEGISLATIVE COUNT 
0.000 
1.000 
Personal Services 
$0 
$72,763 
All Other 
$0 
$4,024 
GENERAL FUND TOTAL 
$0 
$76,787 
SUMMARY 
This amendment replaces the bill. The amendment establishes a license for a person 
to conduct wine auctions. Wine sold at auction by a wine auction licensee must be wine 
that was acquired from a private collection and not from anyone licensed to produce or to 
sell or distribute wine at retail or wholesale. A wine auction license allows for up to 12 
auctions per year. 
Wines sold at auction may be purchased by registered bidders, 
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including persons licensed to sell wine for off-premises or on-premises consumption. An 
auction licensee must pay all required sales and excise taxes. If a licensee fails to pay 
taxes within a prescribed period oftime, the license may be suspended or revoked. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01114 MaC 
LD 1783 
LR 2727(02) 
An Act To Expand Consumer Choice for Wine 
Fiscal Note for Bill as Amended by Committee Amendment "A: L 
~ -Y; Oev 
Committee: Veterans and Legal Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$0 
$51,787 
$0 
$76,787 
$0 
$25,000 
Projections 
FY 2015-16 
$51,787 
$76,787 
$25,000 
Projections 
FY 2016-17 
$51,787 
$76,787 
$25,000 
This bill establishes a license for a person to conduct wine auctions. The bill includes a General Fund appropriation 
for one Office Associate II position and related costs to the Department of Administrative and Financial Services to 
conduct licensing activities associated with these auctions. General Fund revenues would increase by $25,000 
beginning in fiscal year 2014-15, assuming 50 wine auction licenses are issued annually. 
LR2727(02) - Fiscal Note - Page 1 of 1