An Act Regarding the Sale of Alcohol by a Manufacturer with an On-premises Retail License
Maine Legislature, Session 128, LD 0388
Committee: Veterans and Legal Affairs
Sponsors: SAVIELLO, LANGLEY, WOODSOME
Amends: 28-A MRSA §1355-A

Legislative Document
No. 388
S.P. 129
In Senate, February 2, 2017
An Act Regarding the Sale of Alcohol by a Manufacturer with an 
On-premises Retail License
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 Senators: LANGLEY of Hancock, WOODSOME of York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1355-A, sub-§2, ¶¶D 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. 
(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, 
paragraph 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. 
SUMMARY 
This bill 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 bill 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.  It also 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.