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: Veterans and Legal Affairs
Sponsors: SAVIELLO, BLACK, MARTIN
Amends: 28-A MRSA §2, 28-A MRSA §708-B

Legislative Document 
No. 1197 
S.P. 424 
In Senate, April 2, 2015 
An Act To Allow Certificate of Approval Holders under the Liquor 
Licensing Laws To Donate Alcohol to Nonprofit Organizations 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative BLACK of Wilton and 
Representative: MARTIN of Eagle Lake. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §2, sub-§15, ¶I, as amended by PL 2011, c. 629, §2, is 
further amended to read: 
I.  "Incorporated civic organization" means any charitable or civic organization 
incorporated as a corporation without stock under Title 13, chapter 81 or Title 13-B 
or an organization designated by the Internal Revenue Service under the United 
States Internal Revenue Code, Section 501(c). 
Sec. 2.  28-A MRSA §708-B, as repealed and replaced by PL 2011, c. 629, §11, is 
amended to read: 
§708-B.  Donations to public broadcasting stations and incorporated civic 
organizations 
1.  Donations for auctions, prizes, gifts or awards.  Notwithstanding any other 
provisions of law, a person licensed in the State as a brewery, small brewery, winery, 
small winery, distillery, small distillery, certificate of approval holder or wholesaler may 
donate a gift certificate to purchase its product or donate its product to a public 
broadcasting station or an incorporated civic organization licensed under section 1071 for 
the purpose of an auction or for use by the organization as a prize, gift or award. A 
certificate of approval holder may donate a gift certificate to purchase its product or 
donate its product to a public broadcasting station or an incorporated civic organization 
licensed under section 1071 for the purpose of an auction as long as the product donated 
is provided by a wholesaler who is reimbursed for the product by the certificate of 
approval holder for the cost of the donated product.  Spirits donated by a distiller 
distillery or small distillery under this subsection must have been sold to the State for 
listing, pricing and distribution as required by this Title.  Any donation is subject to the 
following. 
A.  A brewery, small brewery, winery, small winery, distillery, small distillery, 
certificate of approval holder or wholesaler shall maintain a record of each donation, 
including the value of each donation and the date on which each donation was made. 
B.  A public broadcasting station or licensed incorporated civic organization shall 
ensure that the recipient of the donated item is 21 years of age or older.  
2.  Donations for on-premises events.  Notwithstanding any other provisions of law, 
a person licensed in the State as a brewery, small brewery, winery, small winery, 
distillery, small distillery, certificate of approval holder or wholesaler may donate provide 
its product, free of charge or at a reduced price, to a licensee to be served at a licensed on-
premises event for the benefit of an incorporated civic organization that has been issued a 
license for an on-premises event open to the public.  A certificate of approval holder may 
donate its product to an incorporated civic organization that has been issued a license for 
an on-premises event open to the public as long as the product donated is provided by a 
wholesaler who is reimbursed for the product by the certificate of approval holder for the 
cost of the donated product.  Spirits donated by a distiller distillery or small distillery 
under this subsection must have been sold to the State for listing, pricing and distribution 
as required by this Title.  A brewery, small brewery, winery, small winery, distillery, 
small distillery, certificate of approval holder or wholesaler shall maintain a record of 
each donation its products provided under this subsection, including the value of each 
donation the products provided and the date on which each donation was made the 
products were provided.  The licensee to whom the product is provided shall maintain a 
record of each product provided, the date on which each product was provided and the 
name of the incorporated civic organization benefited.  The licensee may not serve the 
donated or reduced-price product at any event other than an event benefiting the 
designated incorporated civic organization and shall ensure that the benefit of the free or 
reduced-price product inures to the benefit of the designated incorporated civic 
organization.  Excess donations must be returned to the donor within a reasonable period 
following the licensed on-premises event.  The donor shall ensure that excise tax is paid 
on all donated wine and malt liquor.  Any donated containers must be recycled or 
returned to the donor for refilling, as appropriate, and may not be presented for 
redemption under Title 32, chapter 28. 
SUMMARY 
This bill allows certificate of approval holders under the liquor licensing laws to 
donate a gift certificate to purchase their products or donate their products to an 
incorporated civic organization for use by the organization as a prize, gift or award. It 
also allows alcohol producers and wholesalers to provide their products, free of charge or 
at a reduced price, to a licensee to be served at a licensed on-premises event for the 
benefit of an incorporated civic organization.