An Act Regarding Maine's Liquor Laws (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1786
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 28-A MRSA §9, 28-A MRSA §1355-A

Legislative Document
No. 1786
H.P. 1231
House of Representatives, January 16, 2018
An Act Regarding Maine's Liquor Laws
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LUCHINI of Ellsworth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §9, as amended by PL 1997, c. 373, §24, is repealed.
Sec. 2.  28-A MRSA §1355-A, sub-§2, ¶D, as amended by PL 2017, c. 34, §1, is 
further 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 is not required to be separate from and may be 
accessed from by the same entrance used to access an for the area licensed for on-
premises consumption of liquor under chapter 43 in accordance with paragraph I.
Sec. 3.  28-A MRSA §1355-A, sub-§2, ¶I, as amended by PL 2017, c. 280, §1, is 
further amended to read:
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 if the same 
person or persons hold a controlling interest in both the licensed manufacturing 
location and the licensed retail establishment.
(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, 
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. 4.  28-A MRSA §1355-A, sub-§2-A, as enacted by PL 2017, c. 280, §2, is 
repealed.
SUMMARY
This bill clarifies provisions in existing law authorizing a licensed manufacturer to 
hold a license for a retail establishment where liquor is consumed on the premises.  The 
bill also repeals a provision that requires the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations to establish rules for the 
separation of areas where the privilege of a liquor license may be exercised from where it 
may not be exercised.