An Act Regarding the Sale of Hard Cider
Maine Legislature, Session 127, LD 0616
Committee Amendment CA_A_H265 (House)
Amends: 28-A MRSA §1355-A

COMMITTEE AMENDMENT "A" to H.P. 429, L.D. 616, Bill, "An Act 
Regarding the Sale of Hard Cider" 
Amend the bill by striking out the title and substiMing the following: 
'An Act To Allow Certain Wine and Hard Cider Manufacturing Partnerships' 
Amend the bill oy striking out everything after the enacting clause and before the 
summary and inserting the following: 
"-
'Sec. 1. 28~A MRSA §2, sub~§32~B is enacted to read: 
32-B. Tenant winery. "Tenant winery" means a person who has been issued an 
approved application for an alternating proprietorship from the United States Depaliment 
of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to 
engage in an altemating proprietorship as defined by federal regulation and is licensed by 
the bureau to produce wine or hard cider at a manufacturing facility of another winery 
who is licensed by the bureau. 
Sec. 2. 28~A MRSA §60S, first~, as amended by PL 2013, c. 446, §l, is further 
amended to read: 
Except as otherwise provided in this section and section 608, a license or any interest 
in a license may not be sold, transferred, assigned or otherwise subject to control by any 
person other than the licensee. If the business, or any interest in the business, in 
connection with which a licensed activity is conducted is sold, transferred or assigned, the 
license holder shall immediately send to the bureau the license and a sworn statement 
showing the name and address of the purchaser. The bureau is not required to refund any 
portion of the licensee license fee if the license is surrendered before it expires. For the 
purposes of this section, neither a tenant brewer who is licensed in accordance with 
section 1355-A., subsection 6 nor a tenant winery who is licensed in accordance with 
section l355-A, subsection 7 is net considered to be subject to the control of the host 
brewer or host winery, as the case may be, as described in that subsection those 
subsections, or considered to have been transferred or assigned the license or interest in 
the license of the host brewer or host winery. 
. COMMITTEE AMENDMENT 
COMMITTEE AMENDMEl~n"A" to H.P. 429, L.D. 616 
Sec. 3. 28-A MRSA §1355-A, sub-§7 is enacted to read: 
7. Tenant winery. Except as otherwise provided, the following provisions aIm1y to 
a tenant winery license under whiCh the holder of a tenant winely license may produce 
wine at the manufacturing facility of another winery, referred to in this subsection as "the 
host winery," licensed by the bureau under subsection 4. This subsection applies to hard 
cider produced by a manufacturer licensed as a winery or small winery under subsection 
4. 
A. To be eligible for a tenant winery license, a person must submit an application to 
the bureau in a manner prescribed by the bureau and hold an approved application for 
an alternating proprietors~ip issued by the l.Jni~ed States Department of the Tr~asU1Y, 
Alcoh.ol and Tobacco Tax and Trade Bureau that authorizes a tenant winery to use 
the facilities and equipment of a host winery. 
B. A tenant winery is subject to the same requirements regarding manufacture of its 
pr.oduct . as if the tcnant winery conducted its manufacturing on its own premises 
independently. 
C. A tenant winery is not eligible for privileges provided in subsection 2 except for 
sampling described by paragraph A, subparagraphs (1) and (2). 
D. 
A tenant winery may not produce wine or hard cider f.or another winery or 
certificate of appr.oval holder. 
E. . A ten~nt winery shall ensure that the tenant winery maintains control of the raw 
ingrediepts used to manufacture the tenant winery's product. 
F. A license issued under subsection 4 rimy allow for up to 9 tenant wineries at a 
time at the manufacturing facility of ah.ost winery: 
G. The bureau may require a tenant winery to maintain a record or log indicating 
which equipment is being used at any time by the tenant winery in the production of 
wine or hard cider and which employees are working on production of the tenant 
winery's product. 
. 
H. The bureau shall require that reports from a tenant winery be submitted in a 
manner similar t.o the manner in which a winery licensed under subsection 4 submits 
reports. The bureau shall also require a tenant winery to submit copies of reports 
requir~d of holders of an approv~d applicatio'n issued by the United States 
Department orthe Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing 
the tenant winery to engage in an' alternating proprietorship.' 
SUMMARY 
This amendment replaces the bill. 
The amendment establishes a tenant winery 
license similar to the tenant brewery license in current law. Under the amendment, a 
tenant winery must have approval from the United States Department of the Treasury, 
Alcohol and Tobacco Tax and Trade Bureau authorizing an alternating proprietorship 
with another winery. The amendment allows up to 9 tenant wineries per host winery. A 
tenant winery may share or rent the facilities and equipment of the host winery under 
celiain conditions, including maintaining control of their own raw ingredients and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A" to H.P. 429, L,D. 616 
complying with repoliing requirements of the Department of Administrative and 
Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. 
Since 
manufacturcrs of hard cider are licensed as wineries under current law, this amendment 
applies to the manufacture of hard cider as well as wine. 
FISCAL NOTE REQUIRED 
(See Attacbed) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05128115 
Mac 
LD 616 
LR 974(02) 
An Act Regarding the Sale of Hard Cider 
Fiscal Note for Bill as Amended by Committee Amendment 'f}' (II ~ J!Pi) 
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 associated with licensing and inspection of tenant wineries are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR0974(02)" Fiscal Note - Page 1 of 1