An Act To Clarify the Laws Governing Alcohol Manufacturer Licenses
Maine Legislature, Session 128, LD 1525
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, SAVIELLO, GIDEON, GUERIN, HUBBELL, PIERCE, SANBORN
Amends: 28-A MRSA §1355-A

Legislative Document
No. 1525
H.P. 1049
House of Representatives, April 25, 2017
An Act To Clarify the Laws Governing Alcohol Manufacturer 
Licenses
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative LUCHINI of Ellsworth.
Cosponsored by Senator SAVIELLO of Franklin and
Representatives: Speaker GIDEON of Freeport, GUERIN of Glenburn, HUBBELL of Bar 
Harbor, PIERCE of Falmouth, SANBORN of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §1355-A, sub-§2, as amended by PL 2015, c. 74, §6 and c. 
166, §3, is further amended to read: 
2.  Manufacturers.  The following provisions apply to brewery, small brewery, 
winery, small winery, distillery and small distillery licensees. 
A.  A licensee may permit sampling of the liquor product on the premises: 
(1)  By employees for the purpose of quality control of the product; 
(2) By wholesalers for the purpose of determining whether to carry the product as 
a wholesale product if the holder of the license pays the excise tax on the product 
sampled according to section 1652; and  
(3)  By the public, as provided under paragraph B, if the holder of the license 
pays the excise tax on the product sampled according to section 1652. 
B.  A licensee under this section may serve to the public complimentary samples of 
liquor produced by the licensee at the licensed premises where liquor is produced by 
the licensee if the municipality in which the licensed premises is located has 
authorized the sale of liquor under chapter 5. 
(1)  Samples may be served only at the licensed premises and only during regular 
business hours. 
(2)  Samples, including complimentary samples, may be served for a charge, as 
determined by the licensee, subject to the sales tax on liquor under Title 36, 
section 1811.  A licensee shall maintain a record of liquor samples subject to a 
charge and maintain those records for a period of 2 years. 
C.  A licensee under this section may sell to nonlicensees during regular business the 
hours of legal sale from the licensed premises where liquor is produced by the 
licensee liquor produced by the bottle or can, by the keg, by the case or in bulk for 
consumption off the licensed premises.  The volume of a keg sold in accordance with 
this paragraph may not exceed 15.5 gallons.  A container sold in accordance with this 
paragraph must comply with all labeling requirements.  Spirits sold by distillers and 
small distillers in accordance with this paragraph must be first sold to the State, 
subject to the listing, pricing and distribution provisions of this Title are subject to the 
requirements under subsection 5, paragraph D.  Each licensee shall submit a monthly 
report to its wholesaler detailing sales made directly from the premises.  When 
applicable, the wholesaler shall calculate the fees for any bottle deposit and submit an 
invoice to the licensee for expenses associated with the requirements prescribed in 
Title 38, chapter 33, including the retailer handling fee, the state container deposit 
and a mutually agreed-upon pick-up fee. 
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. 
E.  A licensee may serve complimentary samples of liquor on Sunday after the hour 
of 5 a.m. and may sell liquor on Sunday after the hour of 5 a.m. if the municipality in 
which the licensed premises is located has authorized the sale of liquor on Sunday for 
consumption off the premises under chapter 5. 
F.  A licensee may charge for samples or shall otherwise comply with the conditions 
in paragraph E.  Each sample poured is subject to a charge in an amount determined 
by the licensee and is subject to the sales tax on liquor under Title 36, section 1811.  
A licensee shall maintain a record of liquor samples subject to a charge and maintain 
those records for a period of 2 years.   
G.  A licensee that is a brewery or small brewery may sell on the premises during 
regular business hours and within the hours of legal sale to nonlicensees liquor 
produced at the licensed premises.  The volume of the package may not exceed 15.5 
gallons and must be consumed off the premises.  The sale of packages described in 
this paragraph must comply with keg tagging requirements provided in section 714.  
Each licensee shall submit a monthly report to its wholesaler detailing sales made 
directly from the premises.  The wholesaler shall calculate the fees for any bottle 
deposit and submit an invoice to the licensee for expenses associated with the 
requirements prescribed in Title 38, chapter 33 including the retailer handling fee, 
state container deposit and a mutually agreed-upon pick-up fee. 
H.  A small winery or small brewery licensee shall keep and maintain complete 
records on all sales to a retail licensee. 
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 E. 
J.  A licensee may display up to 25 bottles of liquor produced by the licensee in a 
window of the location under paragraph D  C where liquor is sold for consumption 
off the licensed premises.  Locations licensed under subsection 4, paragraph B, 
subparagraph (2) or subsection 5, paragraph B, subparagraph (3) may also display up 
to 25 bottles of liquor produced by the licensee. 
Sec. 2.  28-A MRSA §1355-A, sub-§3, ¶B, as enacted by PL 2011, c. 629, §22, 
is amended to read: 
B.  A holder of a small brewery license may produce not more than 50,000 gallons of 
malt liquor per year. 
(1)  Upon application by a holder of a small brewery license whose brewery has 
produced malt liquor in an amount that exceeds 50,000 gallons in one year, the 
bureau may renew that holder's small brewery license for only one additional 
year. 
(2)  A holder of a small brewery license may sell or deliver its products to 
licensed retailers or wholesalers.  The licensee may sell, on the premises for 
consumption off the premises, malt liquor produced at the licensed premises by 
the bottle, by the case or in bulk to licensed retailers, including, but not limited 
to, off-premises retail licensees, restaurants and clubs.  Notwithstanding section 
1361, the holder of a small brewery license may sell its products directly to a 
retail licensee under this paragraph without selling to a wholesale licensee.  A 
small brewery licensee shall keep and maintain complete records on all sales to a 
retail licensee. 
Sec. 3.  28-A MRSA §1355-A, sub-§3, ¶C, as amended by PL 2015, c. 166, §4, 
is repealed. 
Sec. 4.  28-A MRSA §1355-A, sub-§4, ¶B, as enacted by PL 2011, c. 629, §22, 
is amended to read: 
B.  A holder of a small winery license may produce not more than 50,000 gallons per 
year of wines, sparkling wines and fortified wines. 
(1)  A holder of a small winery license may sell or deliver its products to licensed 
retailers or wholesalers.  The licensee may sell, on the premises for consumption 
off the premises, wine produced at the licensed premises by the bottle, by the 
case or in bulk to licensed retailers, including, but not limited to, off-premises 
retail licensees, restaurants and clubs.  Notwithstanding section 1361, the licensee 
may sell its products directly to a retail licensee under this paragraph without 
selling to a wholesale licensee.  A small winery licensee shall keep and maintain 
complete records on all sales to a retail licensee. 
(2)  A holder of a small winery license, upon application to and approval of the 
bureau and payment of the license fees, may obtain licenses for off-premises 
consumption for up to 2 additional locations other than the location of the in-state 
manufacturer licensed under this section.  The holder of the licenses is not 
required to conduct any bottling or production at the additional licensed locations 
but may conduct all activities permitted by this section at the additional licensed 
locations. 
Sec. 5.  28-A MRSA §1355-A, sub-§5, ¶E, as enacted by PL 2011, c. 629, §22, 
is repealed. 
Sec. 6.  28-A MRSA §1355-A, sub-§5, ¶H, as enacted by PL 2015, c. 440, §2, is 
amended to read: 
H.  Notwithstanding paragraph D, a holder of a small distillery license licensed under 
paragraph E subsection 5-A to operate a location licensed under chapter 43 for 
on-premises consumption may pay the bureau the difference between the distillery's 
price charged to the bureau and the discounted list price charged by the bureau when 
a distillery purchases its own spirits to be sold at its on-premises location.  A small 
distillery is not required to transport spirits that will be sold for on-premises 
consumption under paragraph E subsection 5-A to a warehouse operated by the 
bureau or by a wholesaler contracted by the bureau under section 90 for distribution 
to the location where the small distillery is authorized to sell spirits produced by the 
small distillery for on-premises consumption.  A holder of a small distillery license 
shall record the quantity of spirits sold for on-premises consumption that were not 
transported to a warehouse as described in this paragraph and submit monthly reports 
of this information, along with the full amount of state liquor tax due as prescribed by 
chapter 65, to the bureau in a manner prescribed by the bureau. 
Sec. 7.  28-A MRSA §1355-A, sub-§5-A is enacted to read: 
5-A.  One on-premises retail license per licensed location.  A brewery, small 
brewery, winery or small winery licensed under this section 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.  A holder of a distillery or small distillery license may be 
issued one license under chapter 43 per distillery location for a connected establishment 
for the sale of liquor to be consumed on the premises at the distillery.  For the purposes of 
this paragraph, "connected establishment" as it applies to distilleries and small distilleries 
means a Class A restaurant or a Class A restaurant/lounge. 
A.  The retail license must be held exclusively by the holder of the brewery, small 
brewery, winery, small winery, distillery or small distillery license. 
B.  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. 
C.  All records related to activities under a manufacturer license issued under this 
section must be kept separate from records related to the retail license. 
D.  Notwithstanding any other provision of this Title, a brewery or small brewery 
licensed in accordance with this section may sell from the establishment at the site of 
the brewery licensed for the sale of alcoholic beverages to be consumed on the 
premises malt liquor to be consumed off the premises under the conditions specified 
in this paragraph. 
(1)  Only malt liquor brewed at the brewery where the establishment licensed for 
on-premises consumption is licensed may be sold at that establishment. 
(2)  Malt liquor must be dispensed in bottles provided by and with labels unique 
to the brewery of 32 to 64 ounces in volume. 
(3)  No more than 6 bottles may be prefilled at any one time. 
(4)  A deposit may be charged per bottle. Bottles sold under this paragraph are 
not subject to Title 38, chapter 33. 
(5)  The bottle in which the malt liquor is dispensed must be sealed by the 
licensee with a seal that is tamper-evident. 
(6)  Malt liquor dispensed in accordance with this paragraph must be consumed 
off the premises. 
(7)  A sale of malt liquor for off-premises consumption from the establishment 
licensed for on-premises consumption must be accompanied by a sales receipt 
with a time stamp that indicates time of purchase. 
(8)  A sale of malt liquor for off-premises consumption from the establishment 
licensed for on-premises consumption may not be made after 10:00 p.m. 
The bureau may adopt rules to enforce this paragraph.  Rules adopted in accordance with 
this paragraph are routine technical rules in accordance with Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill removes duplicative language regarding samples provided to the public by 
manufacturers licensed to produce wine, malt liquor and spirits in the State.  The bill 
consolidates into one paragraph the provisions that govern the sale of a manufacturer's 
product for off-premises consumption to nonlicensees from the licensed manufacturer's 
facility.  It also repeals and replaces in a separate subsection the provisions governing the 
authorization of a licensed manufacturer in the State to have a retail establishment 
licensed for the sale of liquor to be consumed on the premises, issued in accordance with 
the Maine Revised Statutes, Title 28-A, chapter 43.