An Act To Allow Certificate of Approval Holders under the Liquor Licensing Laws To Donate Alcohol to Nonprofit Organizations
Maine Legislature, Session 127, LD 1197
Committee Amendment CA_A_S152 (Senate)
Amends: 28-A MRSA §709, 28-A MRSA §1071

COMMITTEE AMENDMENT" A" to S.P. 424, L.D. 1197, Bill, "An Act To 
Allow Certificate of Approval Holders under the Liquor Licensing Laws To Donate 
Alcohol to Nonprofit Organizations" 
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-§15, ~, as amended by PL 2011, c. 629, §2, is 
further amended to read: 
I. 
"Incorporated civic organization" means any charitable or oivio organization 
incorporated as a corporation without stock under Title 13, chapter 81 or Title 13-B 
with a civic or charitable pm-pose, including but not limited to relief of poverty, 
advancement of education and the arts, promotion of social health, safety and 
welfare, fostering community and economic dev_~)opment, protection against animal 
cruelty, combating community deterioration, lessening the burdens of government 
and providing assistance to the undel])rivileged and distressed. 
Sec. 2. 28~A MRSA §70S-B, as repealed and replaced by PL 2011, c. 629, §11, is 
repealed. 
Sec. 3. 2S-A MRSA §708-C is enacted to read: 
§708-C. Donations to public broadcasting stations, incorporated civic organizations 
and national organizations 
1. Donations for an auction or award. A person licensed by the bureau under 
section 1355-A, a certificate of approval holder or a wholesaler may donate a certificate 
to purchase its product or donate its product to a public broadcasting station, an 
incorporated civic organization or a similarly purposed national organization designated 
by the United States Internal Revenue Service under the United States Internal Revenue 
Code of 1986, Section 501(c)(3) for the purpose of an auction or to offer as a prize, gift or 
award in conjunction with efforts to support the purposes of the incorporated civic 
organization, similarly purposed organization or public broadcasting station. 
Spirits 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" A" to S.P. 424, L.D. 1197 
I 
donated in accordance with this subsection must have first been sale! to the State or the 
State's contracted wholesaler for listing, Rricing and distribution in accordance with this 
Title. A person authorized to make a donation in accordance with this subsection shall 
maintain a record of each donation, including the value of the donation and the date on 
which it was made. A recipient of a donation under this subsection must be 21 years of 
age or older. 
2. Donations for consumption at on-premises events. A person licensed by the 
bureau under section 1355-A, a certificate of approval holder or a wholesaler may donate 
its product or provide malt liquor, wine or fortified wine at a reduced price to a person 
licensed by the bureau to serve alcoholic beverages for on-premises consumption at an 
event designed to benefit an incorporated civic organization or a similarly purposed 
national organization designated by the United States Internal Revenue Service under the 
United States Internal Revenue Code of 1986, Section 501(c)(3). Spirits donated in 
. 14 
accordance with this subsection must have first been sold to the State or the State's 
conlracted wholesaler for listing, pricing and distribution in accordance with this Title. A 
person authorized to make a donation or offer its product at a reduced price under this 
subsection shall maintain a record of the products donated or offered, including the value 
of each, the reduced price when applicable and the date on which the product was 
provided. All applicable excise taxes on donated malt liquor, wine and fortified wine 
must be remitted as required by this Title. A licensee provided product in accordance 
with this subsection: 
A. Shall maintain a record of each product received and the date on which it was 
received; 
B. Shall maintain a record of the name of the incorporated civic organization or 
similarly purposed national organization the event was designed to benefit and for 
which the product is provided; 
C. Shall ensure that the product provided is serVed only at the event designed to 
benefit the incorporated civic organization or similarly pllrposed national 
organization; 
D. Shall ensure that excess product that was donated for the event is returned to the 
donor within a reasonable period after the event; and 
E. Sh,all ensure that containers holding donated product are returned to the donor for 
recycling as appropriate and not presented for redemption under Title 32, chapter 28. 
Sec. 4. 28-A MRSA §709, sub-§2, ~~J and K, as enacted by PL 2011, c. 629, 
§15, are amended to read: 
J. Providing samples authorized under section 1355-A, 1402, 1402-A or 1504; Sf 
K. Donations authorized under section-W&--B.- 708-C; or 
Sec. 5. 28-A MRSA §709, sub-§2, ~ 
is enacted to read: 
1. Product suppJied by licensees authorized under section 1052-D for the purposes of 
providing taste-testing samples under a taste-testing event license. 
Sec. 6. 28-A MRSA §1071, sub-§6, as amended by PL 2011, c. 629, §19, is 
further amended to read: 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" A "to S.P. 424, L.D. 1197 
6. 
Server requirements. A manufacturer licensed by the bureau under section 
1355-A, a certificate of approval holder or a wholesaler who provides malt liquor, wine, 
fortified wine or spirits for the public event or gathering being sponsored may serve its 
product at the event. An incorporated civic organization issued a license in accordance 
with this section shall provide the names of tfl.e.s6 persons not licensed undcr chapters 51, 
or 59 who will be serving alcoholic beverages at the pt.ffi.HB event or gathering being 
sponsoree. 
In the event that a server from that list is unavailable, a licensed 
manufacturer, distributor, wholesaler, small winery or small brewery that has provided 
alcoholic beverages to be served at the event may provide serving assistance.' 
SUMMARY 
This amendment replaces the bill. The amendment provides examples of charitable 
or civic purposes within the definition of "incorporated civic organization." Like the bill, 
the amendment provides that manufacturers and wholesalers may donate malt liquor, 
wine or spirits to be used as prizes or for auctions to public broadcasting stations, 
incorporated civic organizations and national organizations with similar purposes to an 
incorporated civic organization that are 50 I (c )(3) organizations. Unlike the bill, the 
amendment provides that these donations may be made without having to provide the 
donation in the form of a gift card good for the purchase of the alcoholic beverage. The 
amendment also changes current law by stating that donations may be made to a person 
who is licensed to serve alcohol for on-premises consumption when the alcohol is being 
served at an event to benefit an incorporated civic organization in the State or a similarly 
purposed national 501(0)(3) organization. Current law allows for those donations only to 
a public broadcasting station or an incorporated civic organization in the State. 
The amendment also provides that a manufacturer or wholesaler licensed by the 
Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations to conduct a special taste-testing event may donate its own 
product to be served at the event. 
Finally the amendment provides that when a manufacturer or wholesaler licensed by 
the bureau provides product to be served at an event for a licensed incorporated civic 
organization where alcohol will be consumed on the premises, the manufacturer or 
wholesaler may serve the product that the manufacturer or wholesaler provided for the 
event. 
COMMITTEE AMENDMENT