An Act To Update Alcohol Taste-testing Requirements
Maine Legislature, Session 129, LD 0737
Committee Amendment CA_A_H119 (House)
Amends: 28-A MRSA §460, 28-A MRSA §1205, 28-A MRSA §1207

COMMITTEE AMENDMENT "A" to H.P. 542, L.D. 737, Bill, "An Act To 
Update Alcohol Taste-testing Requirements" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this Act grants agency liquor stores and other off-premises retail licensees 
more flexibility to conduct taste-testing events for spirits, wine and malt liquor on their 
premises; and 
Whereas, it is necessary that this Act take effect before the expiration of the 90-day 
period in order to permit off-premises retail licensees to conduct taste-testing events 
under the flexible provisions of the Act during the summer tourist season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-A MRSA §460, as amended by PL 2015, c. 129, §§1 and 2, c. 184, §§1 
to 3 and c. 329, Pt. D, §1 and affected by §4, is further amended to read: 
§460. Agency liquor store taste testing of spirits 
1. Taste testing on agency liquo1· store premises. Subject to the conditions in 
subseetion subsections 2 and 2-A, the bureau may authorize an agency liquor store 
stocking at least ~ 
different codes of distilled spirits products to conduct taste 
testing of distilled spirits on that licensee's premises. An ageney liquor store may request 
:mtlrnritv to oonrhrnt a taste testinP- mdni;r forms nreserihec:1 hv the hureau. The remrnst 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 542, L.D. 737 
must indioate if a sales representative lioensed under seotion 1502 will be pouring or 
providing samples, or both, for taste testing and verifioation that the sales representative 
has suooessfully oompleted an aloohol server eduoation oourse appro:ved by the 
oommissioner. Any other consumption of alooholic beverages liquor on an agency liquor 
store's premises is prohibited, except as permitted under section 1205 er.,_ 1207. 1208. 
1402-A or 1504. 
2. 
Conditions for conducting taste-testing events. 
The conditions under this 
subsection apply to taste-testing aotivities events under this section. 
A. Distilled spirits Spirits 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 1 1/2 ounces, in 1/2 ounce 
servings, of distilled spirits having an alcohol content of 80 proof or less; er and, for 
distilled spirits containing an alcohol content of greater than 80 proof, a person may 
not be served more than a total of 3/4 of an ounce in 1/4 ounce servings. 
C. Distilled spirits Spirits must be dispensed using a standard measuring device. 
D. Distilled spirits having an alcohol oontent of greater than 80 proof may not be 
offered for tastine at the same time as distilled soirits havine an aloohol oontent of 80 
proof or less. 
E. A person may not be charged a fee for any distilled spirits served as part of a 
taste-testing activity event. 
F. A person may not be served who is visibly intoxicated. 
G. Taste testing A taste-testing event must be limited to a designated area. 
H. Taste testing A taste-testing event must be conducted within the hours of retail 
sale established in this Title. 
I. The agency liquor store mast obtain the vrritten permission of the bureau before 
conducting any taste testing activity. 
J. The agency liquor store may conduct up to 3 tastings 15 taste-testing events per 
month, including tastings taste-testing events conducted under sections 1205 and 
1207. If the agency liquor store complies with the applicable requirements of 
sections 1205 and 1207, the agency liquor store may offer wine and malt liquor for 
tasting at the same time as spirits. 
K. 
Taste testing A taste-testing event is not allowed in any municipality where 
on-premises and off-premises sales are not allowed pursuant to chapter 5. 
L. The agency liquor store must notify the burea-u of the date and time soheduled for 
all taste testing e:vents. 
This notifioation must list the name of any sales 
representative licensed under section 1502 who 1.vill be pouriag samples for taste 
testing. 
M-1. Distilled spirits Spirits served at a taste testing taste-testing event must be 
provided by the agency liquor store or purchased, at the retail list price, by a licensed 
sales representative participating in the taste testiag taste-testing event from existing 
stock available for purchase at the agency liquor store. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .4,, to H.P. 542, L.D. 737 
N. Prior to a taste-testing event, the agency liquor store shall post prominently at the 
entrance to the store a sign that announces the date and time of the event. 
0. An agency liquor store, with prior approval from the bureau, may conduct an 
invitation-only taste-testing event at the agency liquor store's premises in place of or 
to coincide with a taste-testing event that is open to the public. A taste-testing event 
. 6 
that is exclusively invitation only is not subject to the posting requirement in 
paragraph N. 
2-A. Written permission from the bureau. An agency liquor store must obtain the 
written permission of the bureau before conducting a taste-testing event using the 
following procedure. 
A. The agency liquor store shall request authority to conduct a taste-testing event 
using forms prescribed by the bureau. 
B. The agency liquor store may submit a separate form for each taste-testing event or 
a single form listing some or all of the taste-testing events the agency liquor store 
requests authority to conduct in a calendar month under this section. section 1205 and 
section 1207. 
C. The request must indicate the date and time for each taste-testing event and the 
liquor product or products that will be offered at each event. 
D. The request must indicate whether a sales representative licensed under section 
1502 will be pouring or providing samples, or both, for each taste-testing event and 
include verification that the sales representative has successfully completed an 
alcohol server education course approved by the bureau. 
3. Rules. The bureau may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. 28-A MRSA §1205, as amended by PL 2015, c. 129, §§4 and 5, is further 
amended to read: 
§1205. Taste testing of wine 
1. 
Taste testing on off-premises retail licensee's premises. 
Subject to the 
conditions in subseetion subsections 2 and 2-A, the bureau may authorize an off premise 
off-premises retail licensee stocking at least ~ 
different wine labels to conduct taste 
testings testing of wine on that licensee's premises. An off premise retail licensee may 
request authority to eonduet a taste testing usiag forms preseribed by the bureau. The 
request must iadieate if a sales representative lieensed under seetion 1502 will be pouring 
samples for taste testing and verifieation that the sales representative has suceessfully 
eompleted an alcohol server education course approved by the commissioner. Any other 
consumption of alcoholie beverages liquor on an off pr001ise off-premises retail licensee's 
premises is prohibited. except as permitted under section 460, 1207. 1208, 1402-A or 
1504. 
2. Conditions for conducting taste-testing events. The following conditions apply 
to taste-testing activities events under this section: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·4 "to H.P. 542, L.D. 737 
A. Wine may not be served to persons who have not yet attained the age of 21 years; 
B. A person may not be served more than a total of 5 ounces of wine having an 
alcohol content of 14% or less; er and, for wine having an alcohol content greater 
than 14%, a person may not be served more than a total of3 ounces of wine; 
C. A person may not be charged a fee for any wine served as part of a taste-testing 
activity event; 
D. A person may not be served who is visibly intoxicated; 
E. Taste testing A taste-testing event must be limited to a designated area; 
F. Taste testing A taste-testing event must be conducted within the hours of retail 
sale established in this Title; 
G. 
The retail licensee must obtain the vmtten nermission of the bureau before 
conducting any taste testing activity; 
H. The retail licensee may conduct up to 3 tastings 15 taste-testing events per month, 
including tastings taste-testing events conducted under sections 460 and 1207. If the 
retail licensee complies with the applicable requirements of sections 460 and 1207, 
the retail licensee may offer spilits and malt liquor for tasting at the same time as 
wine; 
I. Taste testing A taste-testing event is not allowed in any municipality where on-
premises and off-premises sales are not allowed pursuant to chapter 5; 
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 vlho v-All be pouring samples for taste testing: 
K. The retail licensee must purchase all wine served at a taste testing taste-testing 
event from a wholesale licensee; 
L. Prior to a taste-testing event, the retail licensee shall post prominently at the 
entrance to the store a sign that announces the date and time of the event; and 
M. An off premise off-premises retail licensee, with prior approval from the bureau, 
may conduct an invitation-only taste-testing event at the off premise off-premises 
retail licensee's premises in place of or to coincide with a taste-testing event that is 
open to the public. A taste-testing event that is exclusively invitation only is not 
subject to the posting requirement in paragraph L. 
2-A. Written permission from the bureau. An off-premises retail licensee must 
obtain the written permission of the bureau before conducting a taste-testing event using 
the following procedure. 
A. The retail licensee shall request authority to conduct a taste-testing event using 
forms prescribed by the bureau. 
B. The retail licensee may submit a separate form for each taste-testing event or a 
single form listing some or all of the taste-testing events the retail licensee requests 
authority to conduct in a calendar month under this section, section 460 and section 
1207. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT''/~'" to H.P. 542, L.D. 737 
C. The request must indicate the date and time for each taste-testing event and the 
liquor product or products that will be offered at each event. 
D. The request must indicate whether a sales representative licensed under section 
1502 will be pouring or providing samples. or both, for each taste-testing event and 
include verification that the sales representative has successfully completed an 
alcohol server education course approved by the bureau. 
3. Rules. The bureau may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3. 28-A MRSA §1207, as amended by PL 2015, c. 129, §§6 and 7, is further 
amended to read: 
§1207. Taste testing of malt liquor 
1. 
Taste testing on off-premises retail licensee's premises. 
Subject to the 
conditions in subseetion subsections 2 and 2-A, the bureau may authorize an off premise 
off-premises 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 lieensee may 
request authority to eondaet a taste testing llsing forms preseribed by the bureall. The 
request must indieate if a sales rspresentative lieensed under seetioll 1502 1.vill be p01trillg 
samples for taste testillg alld verifieation that the sales representative has sueeessfully 
eompleted an aleohol server edlleation eollfse approved by the eommissioner. Any other 
consumption of aleoholie beverages liquor on an off premise off-premises retail licensee's 
premises is prohibited, except as permitted under section 460 er., 1205. 1208, 1402-A or 
1504. 
2. Conditions for conducting taste-testing events. 
The conditions under this 
subsection apply to taste-testing aetivities events under this section. 
A. Malt 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 
ah 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; 
er and, 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 charged a fee for any malt liquor served as part of a 
taste-testing activity event. 
D. A person may not be served who is visibly intoxicated. 
E. Taste testing A taste-testing event must be limited to a designated area. 
F. Taste testillg A taste-testing event must be conducted within the hours of retail 
sale established in this Title. 
G. 
The retail licensee must obtain the vlfitten nermissioll of the bl:lfeau before 
oonduotin2= anv taste tsstin2= aotivitv. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·4· to H.P. 542, L.D. 737 
H. The retail licensee may conduct up to 3 tastings 15 taste-testing events per month, 
including tastings taste-testing events conducted under section 460 or 1205. If the 
retail licensee complies with the applicable requirements of sections 460 and 1205, 
the retail licensee may offer spirits and wine for tasting at the same time as malt 
liquor. 
I. Taste testing A taste-testing event is not allowed in any municipality where on-
premises and off-premises sales are not allowed pursuant to chapter 5. 
J. The retail lieensee must notify the bureau of the date and time seheduled for all 
taste testing e:'lents. This notifieation must list the name of any sales representative 
licensed under section 1502 v,rho will be pouring samples for taste testing. 
K. 
The retail licensee must purchase all malt liquor served at a taste testin2' 
taste-testing event from a wholesale licensee. 
L. Prior to a taste-testing event, the retail licensee shall post prominently at the 
entrance to the store a sign that announces the date and time of the event. 
M. An off premise off-premises retail licensee, with prior approval from the bureau, 
may conduct an invitation-only taste-testing event at the off premise off-premises 
retail licensee's premises in place of or to coincide with a taste-testing event that is 
open to the public. A taste-testing event that is exclusively invitation only is not 
subject to the posting requirement in paragraph L. 
2-A. Written permission from the bureau. An off-premises retail licensee must 
obtain the written permission of the bureau before conducting a taste-testing event using 
the following procedure. 
A. The retail licensee shall request authority to conduct a taste-testing event using 
forms prescribed by the bureau. 
B. The retail licensee may submit a separate form for each taste-testing event or a 
single form listing some or all of the taste-testing events the retail licensee requests 
authority to conduct in a calendar month under this section, section 460 and section 
1205. 
C. The request must indicate the date and time for each taste-testing event and the 
liquor product or products that will be offered at each event. 
D. The request must indicate whether a sales representative licensed under section 
1502 will be pouring or providing samples, or both, for each taste-testing event and 
include verification that the sales representative has successfully completed an 
alcohol server education course approved by the bureau. 
3. Rules. The bureau may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 542, L.D. 737 
SUMMARY 
This amendment adds an emergency preamble and emergency clause and authorizes 
agency liquor stores and off-premises retail licensees to conduct up to 15 taste-testing 
events per month of spirits, wine and malt liquor. The amendment allows, but does not 
require, agency liquor stores and off-premises retail licensees to submit a single request to 
the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations listing all of the taste-testing events the agency liquor store or 
off-premises retail licensee plans to conduct in a single calendar month. The amendment 
also allows agency liquor stores and off-premises retail licensees to conduct taste testing 
of spirits, wine and malt liquor at the same taste-testing event, as long as the agency 
liquor store or off-premises retail licensee is licensed to sell the types of liquor being 
offered at the event. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/12/19 ;Wac 
LD737 
LR 1438(02) 
An Act To Update Alcohol Taste-testing Requirements 
Fiscal Note for Bill as Amended by Committee Amendment ;A• { H·-/f f) 
Committee: Veterans and Legal Affairs 
lJ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services as a result of changes to the rules regarding taste-testing events for spirits, 
wine and malt liquor are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR1438(02) - Fiscal Note - Page 1 of l