An Act To Allow a Sales Representative To Serve Spirits or Wine at a Tasting Event
Maine Legislature, Session 127, LD 0364
Committee Amendment CA_A_H175 (House)
Amends: 28-A MRSA §460, 28-A MRSA §1051, 28-A MRSA §1205

COMMITTEE AMENDMENT " ~"to H.P. 251, L.D. 364, Bill, "An Act To Allow 
a Sales Representative To Serve Spirits or Wine at a Tasting Event" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow a Sales Representative To Serve Alcoholic Beverages at a Tasting 
Event' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MRSA §460, sub-§l, as enacted by PL 2009, c. 459, § 1, is 
amended to read: 
1. Taste testing on agency liquor store premises. Subject to the conditions in 
subsection 2, the bureau may authorize an agency liquor store stocking at least 200 
different codes of distilled spirits products to conduct taste testing of distilled spirits on 
that licensee's premises. An agency liquor store may request authority to conduct a taste 
testing using forms prescribed by the bureau. 
The request must indicate if a sales 
representative licensed under section 1502 will be pouring samples for taste testing and 
verification that the sales representative has successfully completed an alcohol server 
education course approved by the commissioner. Any other consumption of alcoholic 
beverages on an agency liquor store's premises is prohibited, except as permitted under 
section 1205 or 1207. 
Sec. 2. 28-A MRSA §460, sub-§2, ~, as enacted by PL 2009, c. 459, §1, is 
amended to read: 
L. The agency liquor store must notifY the bureau of the date and time scheduled for 
all taste-testing events. 
This notification must list the name of any sales 
representative licensed under section 1502 who will be pouring samples for taste 
testing. 
Sec. 3. 28-A MRSA §1051, sub-§8, as enacted by PL 2013, c. 258, §1, IS 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to HoPo 251, L.Do 364 
8. Liquor taste-testing events for general public on retail licensee's premises. 
The bureau may authorize an on-premise retail licensee to conduct taste testings of liquor 
open to the public on the licensed premises. Taste-testing events under this subsection 
must be conducted during hours that are authorized by the bureau for the sale of liquor on 
the licensed premises and may be held in collaboration with a certificate of approval 
holder, sales representative licensed under section 1502 or wholesale licensee. An on-
premise retail licensee may request authority to conduct a taste testing using forms 
prescribed by the bureau. The request must indicate if a sales representative licensed 
under section 1502 will be pouring samples of liquor for taste testing and verification that 
the sales representative has successfully completed an alcohol server education course 
approved by the commissioner. The following conditions apply to all taste-testing events 
conducted under this subsection. 
A. Liquor may not be served to persons who have not yet attained 21 years of age. 
B. A person may not be served more than a total of 12 ounces of malt liquor having 
an alcohol content of 6% or less; for malt liquor having an alcohol content greater 
than 6% but less than 12%, a person may not be served more than a total of 6 ounces; 
or, for malt liquor having an alcohol content of 12% or greater, a person may not be 
served more than a total of 3 ounces. 
C. A person may not be served more than a total of 5 ounces of wine having an 
alcohol content of 14% or less; or, for wine having an alcohol content greater than 
14%, a person may not be served more than a total of3 ounces of wine. 
D. A person may not be served more than a total of 1 112 ounces, in 112 ounce 
servings, of distilled spirits having an alcohol content of 80 proof or less; or, for 
distilled spirits containing an alcohol content of greater than 80 proof, a person may 
not be served more than a total of3/4 of an ounce in 114 ounce servings. 
E. A person may not be charged a fee for any liquor served as part of a taste-testing 
event. 
F. A person may not be served who is visibly intoxicated. 
G. A taste-testing event must be conducted within the hours of retail sale established 
in this Title. 
H. The retail licensee must obtain the written permission of the bureau before 
conducting a taste-testing event. 
I. The retail licensee may conduct no more than one taste-testing event per month. 
J. A taste-testing event is not allowed in any municipality where on-premises and 
off-premises sales are not allowed pursuant to chapter 5. 
K. The retail licensee must notify the bureau of the date and time scheduled for a 
taste-testing event. This notification must list the name of any sales representative 
licensed under section 1502 who will be pouring samples for taste testing. 
L. Liquor served at a taste-testing event may be provided by the retail licensee 
purchasing the liquor from a wholesale licensee or agency liquor store. A record of a 
transaction under this paragraph must be maintained and made available to the 
bureau. 
COMMITTEE AMENDMENT 
~tO 
<f.O 
COMMITTEE AMENDMENT ,A "to H.P. 251, L.D. 364 
M. 
The retail licensee shall establish a designated area in which to conduct a 
taste-testing event in accordance with this section and shall make reasonable attempts 
to ensure that tastings are confined to the designated area. 
N. 
The retail licensee, with prior approval from the bureau, may conduct an 
invitation-only taste-testing event at the licensed premises in place of or to coincide 
with a taste-testing event that is open to the public. 
O. After a taste-testing event is concluded, the retail licensee may return any unused 
portion of liquor used to conduct the taste-testing event to the licensee's existing 
stock. 
P. 
A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may provide and distribute food or 
snacks to be consumed in conjunction with the liquor to be tasted at no cost to the 
public or the retail licensee if the total cost for the food or snacks does not exceed 
$200 per event. Any remaining food or snacks provided in conjunction with a 
taste-testing event must be removed by the certificate of approval holder, licensed 
sales representative or wholesale licensee from the licensed premises at the 
conclusion of the event. 
Q. 
A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may provide material to advertise 
the liquor being offered at the taste-testing event or for the promotion of responsible 
use of alcohol. A certificate of approval holder, licensed sales representative or 
wholesale licensee may use the advertising material only for promotional display on 
the licensed premises. Advertising material related to the taste-testing event may 
include signs, coasters, napkins, table tents and items of like value and must be 
removed by the certificate of approval holder, licensed sales representative or 
wholesale licensee from the licensed premises at the conclusion of the event. 
R. 
A certificate of approval holder, licensed sales representative or wholesale 
licensee who participates in a taste-testing event may distribute novelties to the public 
during the event at a cost not to exceed $3 per novelty. All remaining novelties under 
this paragraph must be removed by the certificate of approval holder, licensed sales 
representative or wholesale licensee from the licensed premises at the conclusion of 
the taste-testing event. 
The bureau may adopt rules to implement this subsection. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. 28-A MRSA §1205, sub-§l, as amended by PL 2011, c. 69, §1, is further 
amended to read: 
1. 
Taste testing on off-premise retail licensee's premises. 
Subject to the 
conditions in subsection 2, the bureau may authorize an off-premise retail licensee 
stocking at least 125 different wine labels to conduct taste testings of wine on that 
licensee's premises. An off-premise retail licensee may request authority to conduct a 
taste testing using forms prescribed by the bureau. The request must indicate if a sales 
representative licensed under section 1502 will be pouring samples for taste testing and 
verification that the sales representative has successfully completed an alcohol server 
COMMITTEE AMENDMENT 
~~ 
~ 
COMMITTEE AMENDMENT"A"to H.P. 251, L.D. 364 
education course approved by the commissioner. Any other consumption of alcoholic 
beverages on an off-premise retail licensee's premises is prohibited. 
Sec. 5. 2S-A MRSA §1205, sub-§2, ~J, as amended by PL 2009, c. 459, §2, is 
further amended to read: 
J. The retail licensee must notify the bureau of the date and time scheduled for all 
taste-testing events. This notification must list the name of any sales representative 
licensed under section 1502 who will be pouring samples for taste testing; 
Sec. 6. 2S-A MRSA §1207, sub-§l, as amended by PL 2009, c. 510, §8, is 
further amended to read: 
1. 
Taste testing on off-premise retail licensee's premises. 
Subject to the 
conditions in subsection 2, the bureau may authorize an off-premise retail licensee 
stocking at least 100 different labels of malt liquor to conduct taste testing of malt liquor 
on that licensee's premises. An off-premise retail licensee may request authority to 
conduct a taste testing using forms prescribed by the bureau. The request must indicate if 
a sales representative licensed under section 1502 will be pouring samples for taste 
testing and verification that the sales representative has successfully completed an alcohol 
server education course approved by the commissioner. 
Any other consumption of 
alcoholic beverages on an off-premise retail licensee's premises is prohibited, except as 
permitted under section 460 or 1205. 
Sec. 7. 2S-A MRSA §1207, sub-§2, ~J, as enacted by PL 2009, c. 459, §4, is 
amended to read: 
J. The retail licensee must notify the bureau of the date and time scheduled for all 
taste-testing events. This notification must list the name of any sales representative 
licensed under section 1502 who will be pouring samples for taste testing. 
Sec. S. 2S-A MRSA §1501, as amended by PL 2013, c. 588, Pt. B, §5, is further 
amended to read: 
§1501. Lists of officers, partners and sales representatives 
All persons selling liquor ffi in the State shall furnish to the bureau a list of all officers 
and directors, if a corporation, or a list of all partners, if a partnership, and the name of 
the sales representatives of the person within the State. 
Sec. 9. 2S-A MRSA §1505, first ~, as enacted by PL 2009, c. 459, §5, is 
amended to read: 
A sales representative holding a license under section 1502 may participate in a 
tasting event permitted under section 460 er; section 1051, subsection 8; section 1205.;...m: 
section 1207 subject to the provisions ofthis section. 
Sec. 10. 2S-A MRSA §1505, sub-§4, as enacted by PL 2009, c. 459, §5, is 
amended to read: 
4. 
Pour or distribute. 
A sales representative participating in a tasting event 
pursuant to this section may not pour or distribute to consumers the products being 
offered for tasting during the event unless the sales representative was listed on a request 
submitted to the bureau by a licensee to conduct a taste testing in accordance with section 
COMMITTEE AMENDMENT 
l3 
COMMITTEE AMENDMENT"~ "to H.P. 251, L.D. 364 
460; section 1051, subsection 8; section 1205; or section 1207. A sales representative 
who pours or distributes products to consumers at a tasting event under section 460; 
section 1051, subsection 8; section 1205; or section 1207 must have successfully 
completed an alcohol server education course approved by the commissioner.' 
SUMMARY 
This amendment replaces the bill and is the majority report of the committee. The 
amendment provides that a licensed sales representative may pour samples of spirits, 
wine or malt liquor at a taste-testing event that has been authorized by the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations at an on-premise retail licensee's establishment, an agency liquor store or an 
off-premise retail licensee's establishment. 
Under the amendment, when a retailer 
requests authority to conduct a taste-testing event, the request must indicate whether a 
licensed sales representative will be participating by pouring samples and verification that 
the sales representative has successfully completed an alcohol server education course 
approved by the commissioner. 
COMMITTEE AMENDMENT