An Act To Support Maine Craft Distillers
Maine Legislature, Session 129, LD 1015
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, GIDEON, MADIGAN
Amends: 28-A MRSA §1355-A

Legislative Document
No. 1015
S.P. 294
In Senate, February 26, 2019
An Act To Support Maine Craft Distillers
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Cosponsored by Speaker GIDEON of Freeport and
Representative: MADIGAN of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §1355-A, sub-§5, ¶G, as amended by PL 2015, c. 440, §1, 
is further amended to read:
G.  Notwithstanding paragraph D, a holder of a small distillery license licensed under 
paragraph B, subparagraph (3) to operate a retail location for off-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 retail from its off-premises location.  A small 
distillery is not required to transport spirits that will be sold for off-premises 
consumption under paragraph B, subparagraph (3) 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 off-premises consumption.  A holder of a small distillery license 
shall record the quantity of spirits sold for off-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.  A holder of a small 
distillery license is not liable for any bailment or distribution fees imposed by a 
warehouse operated by the bureau or by a wholesaler contracted by the bureau under 
section 90 for spirits sold for off-premises consumption that were not transported to a 
warehouse as described in this paragraph.
Sec. 2.  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 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 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.  A holder of a small distillery license is not 
liable for any bailment or distribution fees imposed by a warehouse operated by the 
bureau or by a wholesaler contracted by the bureau under section 90 for spirits sold 
for on-premises consumption that were not transported to a warehouse as described in 
this paragraph.
SUMMARY
This bill exempts the holder of a small distillery license from bailment or other 
distribution fees if the product sold by that license holder, either for on-premises or off-
premises consumption, was not transported to a warehouse operated by the State or a 
wholesaler contracted by the State.