An Act To Create Jobs and Increase Consumer Wine Choice
Maine Legislature, Session 127, LD 0923
Committee: Veterans and Legal Affairs
Sponsors: GIDEON, PATRICK, DION, GOLDEN, KINNEY, LONGSTAFF, LUCHINI, SAUCIER, TURNER
Amends: 28-A MRSA §1201, 28-A MRSA §1209

Legislative Document 
No. 923 
H.P. 642 
House of Representatives, March 17, 2015 
An Act To Create Jobs and Increase Consumer Wine Choice 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GIDEON of Freeport. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: DION of Portland, GOLDEN of Lewiston, KINNEY of Limington, 
LONGSTAFF of Waterville, LUCHINI of Ellsworth, McCABE of Skowhegan, SAUCIER of 
Presque Isle, TURNER of Burlington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1201, sub-§2, as amended by PL 1997, c. 373, §105, is 
further amended to read: 
2.  Ineligible as licensee.  The Except as provided in section 1209, the bureau may 
not issue a license for the sale of malt liquor or wine to any person who is not engaged in 
a bona fide retail business other than the sale of malt liquor or wine at retail. 
Sec. 2.  28-A MRSA §1209 is enacted to read: 
§1209.  Sale of wine by auction 
Notwithstanding any provision to the contrary in section 1201, chapter 55 or chapter 
57, this section governs wine auctions. 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Auction licensee" means a wine auction house issued a license pursuant to this 
section. 
B.  "Fine and rare wine" means fine and rare wine that is not available for purchase in 
this State through a retailer or wholesaler. 
C.  "Private collection" means fine and rare wine owned for consumption or 
investment purposes by a person that is not a retailer or wholesaler. 
D.  "Wine auction" means an event at which a wine auction house sells by auction 
fine and rare wine from a private collection to private collectors, retailers and 
wholesalers. 
E.  "Wine auction house" means a person that is not a retailer or wholesaler and that 
conducts a wine auction of fine and rare wine owned by or consigned to the wine 
auction house. 
2.  Prohibition.  A wine auction house may not conduct a wine auction without a 
license pursuant to this section. 
3.  License; fee.  Subject to the conditions in this section, the bureau may issue a 
license to conduct a wine auction to a wine auction house.  A license issued pursuant to 
this subsection is valid for one calendar year.  The license fee per calendar year is $50. 
4.  Conditions.  The following conditions apply to a wine auction licensed under this 
section. 
A.  The auction licensee shall notify the bureau of the date and time scheduled for the 
wine auction and shall submit a list of fine and rare wines to be auctioned.  The list of 
wines to be auctioned must identify the country of origin of each fine and rare wine. 
B.  The auction licensee shall collect registration information as determined by the 
bureau by rule from each person attending the wine auction.  The registration 
information must include, at a minimum, the name and address of the person, and the 
auction licensee shall submit the registration information to the bureau. 
C.  The auction licensee shall notify the bureau of each sale of fine and rare wine at 
the wine auction. 
D.  Fine and rare wine sold at the wine auction may not be opened or consumed at the 
wine auction. 
E.  The auction licensee shall ensure that the recipient of fine and rare wine sold at 
the wine auction is 21 years of age or older. 
F.  The wine auction must be held on the premises of an off-premises retail licensee 
or on-premises retail licensee. 
G.  Each container of fine and rare wine auctioned must have a permanently affixed 
label indicating that the fine and rare wine was acquired from a private collection. 
H.  A wine auction house may not conduct more than 12 wine auctions per year. 
I.  Fine and rare wine to be sold at auction may not be stored on the premises where 
the wine auction is conducted. 
5.  Sales and use tax.  An auction licensee shall comply with the provisions of Title 
36, Part 3, including all requirements relating to the collection, reporting and remittance 
of the state sales and use taxes on sales of fine and rare wine at a wine auction. 
6.  Beverage container deposit.  Containers of fine and rare wine that are not labeled 
in accordance with Title 32, section 1865 and are sold at a wine auction pursuant to this 
section are not subject to Title 32, chapter 28. 
7.  Purchase and resale by wholesalers and retailers.  A licensed wholesaler under 
chapter 55 or retailer licensed under this section or chapter 43 may purchase fine and rare 
wine offered at a wine auction conducted pursuant to this section and may resell that fine 
and rare wine. 
8.  Rules.  The bureau shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill allows a person who is not a retailer or wholesaler licensed to sell wine or 
malt liquor in the State to auction fine and rare wines from a private collection to private 
collectors, retailers and wholesalers under certain conditions.