An Act To Make Available to the Public Certain Information Concerning the Alcohol Content of Malt Liquor, Wine and Spirits
Maine Legislature, Session 126, LD 1763
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, PATRICK, FREDETTE, HERBIG, LONGSTAFF, ROCHELO, SAUCIER, SCHNECK
Amends: 28-A MRSA §709, 28-A MRSA §711

Legislative Document 
No. 1763 
H.P. 1265 
House of Representatives, February 10, 2014 
An Act To Make Available to the Public Certain Information 
Concerning the Alcohol Content of Malt Liquor, Wine and Spirits 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LUCHINI of Ellsworth. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: FREDETTE of Newport, HERBIG of Belfast, LONGSTAFF of Waterville, 
McCABE of Skowhegan, ROCHELO of Biddeford, SAUCIER of Presque Isle, SCHNECK of 
Bangor. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, current ambiguity in the law regarding the display of alcohol content is 
causing confusion among manufacturers, sellers and distributors of alcoholic beverages; 
and 
Whereas, it is important to resolve this ambiguity as soon as possible; 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 People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §709, sub-§1, ¶A, as amended by PL 1999, c. 275, §1, is 
further amended to read: 
A.  No licensee or employee or agent of a licensee may: 
(1)  Offer or deliver any free liquor to any person or group of persons; 
(2)  Deliver more than 2 drinks containing spirits, a carafe containing more than 
one liter or 33.8 ounces of wine, or any serving or pitcher containing more than 
one liter or 33.8 ounces of malt liquor, to one person at one time; 
(3)  Sell, offer to sell or deliver to any person or group of persons an unlimited 
number of drinks for a fixed price, except at private functions not open to the 
public; 
(4)  Encourage or permit, on the licensed premises, any game or contest that 
involves drinking or the awarding of drinks as prizes; or 
(5)  Any Engage in any other practice the specific purpose of which is to 
encourage customers of the licensee to drink to excess; and or 
(6)  Use images or phrases likely to be considered as statements of high alcohol 
content, such as "full strength," "high test," "extra strength" or "high proof" or 
similar words or phrases. This subparagraph does not prohibit a licensee or 
employee or agent of a licensee from including the alcohol content of malt liquor, 
wine or spirits in an advertisement or on a label, or in a display on an 
advertisement or label, if the alcohol content is expressed as a percentage of 
alcohol by volume. 
Sec. 2.  28-A MRSA §711, as amended by PL 1993, c. 730, §33, is repealed. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law prohibits a person licensed to manufacture, sell or distribute alcoholic 
beverages from publishing in any form an advertisement of malt liquor that refers in any 
manner to the alcohol content of the malt liquor manufactured, sold or distributed by that 
licensee, including through the use of phrases such as "full strength," "extra strength" or 
"prewar strength."  The inclusion of the alcohol content on the product label is permitted. 
This bill prohibits the use of images as well as phrases that may be considered as 
statements of high alcohol content but permits the advertisement of alcohol content with 
respect to malt liquor, wine and spirits as long as it is expressed as a percentage of 
alcohol by volume.