An Act Regarding Maine Spirits
Maine Legislature, Session 127, LD 1467
Committee Amendment CA_A_S394 (Senate)
Amends: 28-A MRSA §84, 28-A MRSA §453-C, 28-A MRSA §606, 28-A MRSA §755

COMMITTEE AMENDMENT " A" to S.P. 565, L.D. 1467, Bill, "An Act 
Regarding Maine Spirits" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 28-A MRSA §84, sub-§4, as amended by PL 2013, c. 368, Pt. V, §61, is 
further amended to read: 
4. Confer with commissioner. Confer regularly as necessary or desirable and not 
less than once a month with the Commissioner of Administrative and Financial Services 
on the operation and administration of the bureau and make available for inspection by 
the Commissioner of Administrative and Financial Services, upon request, all books, 
records, files and other information and documents of the bureau; aaa 
Sec. 2. 28-A MRSA §84, sub-§5, as amended by PL 2013, c. 588, Pt. B, §1, is 
further amended to read: 
5. Certification. Certify monthly to the Treasurer of State and the Commissioner of 
Administrative and Financial Services a complete statement of revenues and expenses for 
liquor sales for the preceding month and submit an annual report that includes a complete 
statement of the revenues and expenses for the bureau to the Governor and the 
Legislature, together with recommendations for changes in this Title~; and 
Sec. 3. 28-A MRSA §84, sub-§6 is enacted to read: 
6. Implement a spirits sales data reporting system. Collect from reselling agents 
data on spirits sales made by each reselling agent to establishments licensed to sell spirits 
for on-premises consumption. The data must include, but is not limited to, the amount 
and date of sale of each product code sold to on-premises licensees by the reselling agent. 
For the purposes of this subsection, "product code" has the same meaning as in section 
461. For the purposes of collecting on-premises spirits sales data from reselling agents, 
the director shall enter into a contract with a trade association representing states that 
control and manage the sale of spirits. The contract must require that neither the bureau 
nor the trade association may make publicly available any information that would 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"/,\" to S.P. 565, L.D. 1467 
specifically identify the reselling agent, including, but not limited to, the reseller's name, 
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the name of the reseller's agency liquor store, the reseller's agency liquor store's address 
or the address of any associated storage facility of the reselling agent. 
Sec. 4. 28-A MRSA §453-C, sub-§4 is enacted to read: 
4. Reporting of spirits sales to on-premises licensees. Beginning October 15, 
2016, a licensed reselling agent shall report on a monthly basis all spirits sales made to 
establishments licensed to sell spirits for on-premises consumption. 
A. A report under this subsection must be made to a trade association contracted by 
the bureau to collect spirits sales data from reselling agents as described in section 84, 
subsection 6. 
B. 
The bureau shall ensure that reports under this subsection may be made by 
electronic transmission through a secure website established by the bureau. A 
reselling agent that is not reasonably able to use the website may submit a report 
under this subsection on paper or by using other methods approved by the bureau. 
C. The bureau may provide a stipend or reimbursement to reselling agents licensed 
and actively selling spirits to on-premises licensees as of July 1, 2016 to mitigate the 
costs of compliance with this subsection. 
D. The bureau may adopt rules regarding mitigating the costs incurred by reselling 
agents in complying with this subsection. Rules adopted pursuant to this paragraph 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 28-A MRSA §606, sub-§2, as amended by PL 2011, c. 380, Pt. PPPP, §1 
and PL 2013, c. 368, Pt. V, §61, is repealed. 
Sec. 6. 28-A MRSA §755, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to 
read: 
§755. Records confidential 
All Except for on-premises spirits sales data required to be reported by reselling 
agents in accordance with section 453-C, subsection 4, all business and financial records 
of licensees are confidential. 
Sec. 7. Bureau to adopt rules. No later than October 1, 2016, the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations shall adopt rules to mitigate the costs incurred by reselling agents in 
complying with the reporting requirements of the Maine Revised Statutes; Title 28-A, 
section 453-C, subsection 4.' 
SUMMARY 
This amendment replaces the bill. 
As in the bill, the amendment establishes a 
requirement that reselling agents report sales of spirits made to establishments licensed to 
sell spirits for on-premises consumption. Under the amendment, spirits sales data is 
required to be reported monthly beginning October 15, 2016. The amendment repeals the 
requirement in current law that on-premises licensees report retail spirits sales data to the 
bureau. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 565, L.D. 1467 
It amends the section of law that governs the responsibilities of the Director of the 
Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services to include a requirement that the director 
implement a spirits sales reporting system. The reporting system is facilitated by a trade 
association representing states that control the sale and distribution of spirits. 
The amendment directs the bureau to adopt rules to help mitigate the costs incurred 
by those reselling agents licensed and selling spirits to on-premises licensees as of July 1, 
2016. 
FDCALN<Jl'I: UQIJIIID 
(SeealtMW) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/10/16 feac 
LD 1467 
LR 2447(02) 
An Act Regarding Maine Spirits 
Fiscal Note for Bill as Amended by Committee Amendment 'r-t'' ~., s"'-1} 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services from implementing a spirits sales reporting system and adopting certain rules 
are expected to be minor and can be absorbed within existing budgeted resources. 
LR2447(02) - Fiscal Note - Page I of I