An Act Concerning the Ability of On-premises Liquor Licensees To Dispense Liquor in Sealed Refillable Containers
Maine Legislature, Session 127, LD 0678
Committee: Veterans and Legal Affairs
Sponsors: CHENETTE, VALENTINO, BATES, FECTEAU, HOBBINS, HOGAN
Amends: 28-A MRSA §2, 28-A MRSA §1051

Legislative Document 
No. 678 
H.P. 459 
House of Representatives, March 3, 2015 
An Act Concerning the Ability of On-premises Liquor Licensees To 
Dispense Liquor in Sealed Refillable Containers 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CHENETTE of Saco. 
Cosponsored by Senator VALENTINO of York and 
Representatives: BATES of Westbrook, FECTEAU of Biddeford, HOBBINS of Saco, 
HOGAN of Old Orchard Beach. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §2, sub-§26, as enacted by PL 1987, c. 45, Pt. A, §4, is 
amended to read: 
26.  Retail sale. "Retail sale" means any single sale of liquor of less than 20 gallons, 
or its metric equivalent, for consumption on or off the premises where sold and whether 
in the original package, in a sealed refillable container or as a mixed drink for immediate 
consumption. 
Sec. 2.  28-A MRSA §2, sub-§27, as amended by PL 1997, c. 373, §18, is further 
amended to read: 
27.  Retailer.  "Retailer" means any person licensed by the bureau to engage in the 
purchase and resale of liquor in the original container, sealed refillable container or by the 
drink, for consumption on or off the premises where sold.  "Retailer" does not include 
wholesalers as defined in subsection 35.  
A.  "Off-premise Off-premises retail licensee" means a person licensed to sell liquor 
in sealed bottles, containers or original packages to be consumed off the premises 
where sold. 
B.  "On-premise On-premises retail licensee" means a person licensed to sell liquor to 
be consumed on the premises where sold or in sealed refillable containers. 
Sec. 3.  28-A MRSA §1051, sub-§3, as amended by PL 2009, c. 438, §2, is 
further amended to read: 
3.  Liquor not to be consumed elsewhere.  Except as provided in paragraphs A and 
B to C and in section 1207, no licensee for the sale of liquor to be consumed on the 
premises where sold may personally or by an agent or employee, sell, give, furnish or 
deliver any liquor to be consumed elsewhere than upon the licensed premises.  The 
service and consumption of liquor must be limited to areas that are clearly defined and 
approved in the application process by the bureau as appropriate for the consumption of 
liquor.  Outside areas must be controlled by barriers and by signs prohibiting 
consumption beyond the barriers. 
A.  Subject to law and the rules of the bureau, hotel or bed and breakfast licensees 
may sell liquor in the original packages or by the drink to bona fide registered room 
guests.  Any sale to a guest may be delivered to the guest's room only by a hotel or 
bed and breakfast employee. 
B.  A licensee may serve liquor at locations other than the licensed premises under 
the off-premise off-premises catering license issued under section 1052. 
C.  A person licensed under this section may dispense liquor from a keg into a 
sealable refillable container for resale to be consumed off the premises.  A sealable 
refillable container must be sealed by the licensee subsequent to dispensing for resale 
off the premises under this paragraph. For purposes of this paragraph, "keg" has the 
same meaning as in section 714, subsection 1, paragraph A. 
SUMMARY 
This bill allows on-premises retail liquor licensees to dispense liquor from kegs into 
sealable refillable containers for resale.