An Act Regarding the Sale of Alcohol by a Manufacturer with an On-premises Retail License
Maine Legislature, Session 127, LD 1462
Committee Amendment CA_A_S355 (Senate)
Amends: 28-A MRSA §1355-A

COMMITTEE AMENDMENT " A," to S.P. 563, L.D. 1462, Bill, "An Act 
Regarding the Sale of Alcohol by a Manufacturer with an On-premises Retail License" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MRSA §1355-A, sub-§2, ,r,in and I, as enacted by PL 2011, c. 
629, §22, are amended to read: 
D. A licensee under this section may sell from the licensed premises where liquor is 
produced by the licensee liquor produced by the licensee for consumption off the 
licensed premises. 
(1) Sales made in accordance with this paragraph do not require a licensee under 
this section to obtain an additional retail license under chapter 45. 
(2) 
Liquor sold in accordance with this paragraph may not be consumed 
anywhere on the licensed premises. 
(3) The area of the licensed premises where a licensee opts to transact sales for 
off-premises consumption may be accessed from the same entrance used to 
access an area licensed for on-premises consumption of alcoholic beverages 
under chapter 43 in accordance with paragraph I. 
I. A licensee may be issued one retail license under chapter 43 per licensed location 
for the sale of liquor to be consumed on the premises at the retail premises. 
( 1) The retail license must be held exclusively by the holder of the brewery, 
small brewery, winery, small winery, distillery or small distillery license. 
(2) The retail license authorizes the sale of products of the brewery, small 
brewery, winery, small winery, distillery or small distillery, in addition to other 
liquor permitted to be sold under the retail license, to be consumed on the 
premises. 
Page I - 127LR2396(02)-l 
COMMITTEE AMENDMENT 
(!.'b 
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COMMITTEE AMENDMENT" A "to S.P. 563, L.D. 1462 
(3) All records related to activities under a manufacturer license issued under 
this section must be kept separate from records related to the retail license. 
(4) A distillery or small distillery must meet the requirements of subsection 5, 
eaFa~anh paragraphs D and E. 
(5) 
The licensee shall ensure that products purchased for off-premises 
consumption under paragraph D are not consumed on the licensed premises. 
Sec. 2. 28-A MRSA §1355-A, sub-§2, ,rK is enacted to read: 
K. A person with multiple facilities licensed for the manufacture of liquor under this 
section may transfer product produced by the licensee from one licensed facility of 
that person to another licensed facility of that person for the purposes of selling for 
off-premises or on-premises consumption as permitted by laws administered by the 
United States Department of the Treasury, Alcohol and Tobacco Tax and Trade 
Bureau, including any requirements to maintain records regarding transfers between 
facilities.' 
SUMMARY 
This amendment replaces the bill. This amendment clarifies existing law that permits 
a person that is licensed to manufacture malt liquor, wine or spirits at a facility in the 
State to sell the product that person produces from the manufacturing facility for off-
premises consumption without having to get a separate off-premises retail license. The 
amendment specifies that the location of the manufacturing facility where off-premises 
sales of the manufacturer's product occur is not required to be accessed by a separate 
entrance from the area of the facility that is licensed to serve alcoholic beverages for on-
premises consumption. 
The amendment clarifies that distilleries and small distilleries are subject to the 
existing law that requires spirits sold at retail to first be listed for sale and distributed by 
the State. Finally, the amendment adds a provision reflecting federal law that permits a 
manufacturer who manufactures at multiple licensed locations to transport the 
manufacturer's own product between those locations. 
FISCAL NOTE REQUIRED 
(See attacht:d) 
COMMITTEE AMENDMENT 
• 
Approved: 02/04/16 ~ac:.. 
LD 1462 
LR 2396(02) 
An Act Regarding the Sale of Alcohol by a Manufacturer with an On-premises Retail License 
Fiscal Note for Bill as Amended by Committee Amendment 1'/f'(S- ~55) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to allow certain licensees with multiple facilities licensed for the manufacture of liquor to 
transfer their products from one licensed facility to another licensed facility in order to sell for off-premises and on-
premises consumption are expected to be minor and can be absorbed within existing budgeted resources. 
LR2396(02) - Fiscal Note - Page 1 of 1