An Act To Clarify Certificate of Approval Requirements under the State's Liquor Laws
Maine Legislature, Session 129, LD 2089
Committee Amendment CA_A_S407 (Senate)

COMMITTEE AMENDMENT " A " to S.P. 738, L.D. 2089, Bill, "An Act To 
Clarify Certificate of Approval Requirements under the State's Liquor Laws" 
Amend the bill in section 1 in subsection 8 in paragraph B in the 2nd line (page 1, 
line 8 in L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill in section 1 in subsection 8 in paragraph C in the first line (page 1, 
line 9 in L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill by striking out all of section 2. 
Amend the bill in section 3 in §1351 by striking out all of subsection 2 and inserting 
the following: 
'2. Definition. For purposes of this section, "out-of-state spirits supplier" means an 
out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of 
spirits for resale to the bureau.' 
Amend the bill in section 4 in subsection 5 in the next to the last line (page 1, line 30 
in L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill in section 5 in § 13 81 by striking out all of subsection 1 and inserting 
the following: 
'1. Definition. For purposes of this section, "out-of-state spirits supplier" means an 
out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of 
spirits for resale to the bureau.' 
Amend the bill in section 5 in § 13 81 in subsection 3 in the 2nd line (page 2, line 10 in 
L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill in section 5 in §1381 in subsection 3 in the 3rd line (page 2, line 11 in 
L.D.) by striking out the following: "120 gallons" and inserting the following: 'a total of 
liters' 
Amend the bill in section 5 in §1381 in subsection 5 in the 2nd line (page 2, line 16 in 
L.D.) by striking out the following: "who" and inserting the following: 'that' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" f:\ "to S.P. 738, L.D. 2089 ( ~ · l\b r) 
Amend the bill in section 5 in § 13 81 in subsection 5 in the last line (page 2, line 18 in 
L.D.) by striking out the following: "wholesale liquor provider" and inserting the 
following: 'warehouse designated by the commission under section 81' 
Amend the bill in section 5 in § 13 81 by adding at the end a new subsection to read: 
'6. Phased-in fee. Notwithstanding subsection 3. until September 1. 2021. the fee 
for a certificate of approval under this section is $500 per year, except that the fee for an 
out-of-state spirits supplier that transports or causes to be transported a total of 450 liters 
of spirits or less per year is $100. Payment of the fee must accompany the application for 
the certificate of approval. 
This subsection is repealed September 1. 2021.' 
Amend the bill in section 6 in §1401-A in the next to the last line (page 2, line 24 in 
L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill in section 7 in subsection 1-A in the next to the last line (page 2, line 
in L.D.) by striking out the following: "who" and inserting the following: 'that' 
Amend the bill by adding after section 7 the following: 
'Sec. 8. Effective date. This Act takes effect September 1, 2020.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The bill resolves an inconsistency in the State's liquor laws by clarifying that an out-
of-state spirits supplier must obtain a certificate of approval from the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations before it may transport spirits into the State for sale to the bureau or cause 
spirits to be transported into the State for sale to the bureau. 
This amendment, which is the majority report of the committee, clarifies that only 
out-of-state spirits manufacturers and persons that engage in the out-of-state purchase of 
spirits for resale to the bureau are required to obtain a certificate of approval under the 
process established in the bill. The amendment further clarifies that, when out-of-state 
spirits suppliers ship spirits to Maine, the spirits must be delivered to a warehouse 
designated by the State Liquor and Lottery Commission. 
Under the bill, an out-of-state spirits supplier is required to pay a $1,000 annual fee to 
obtain a certificate of approval, except that an out-of-state spirits supplier that ships 120 
gallons of spirits or less to Maine per year is only required to pay a $100 annual fee. The 
amendment converts the total volume amount used to determine whether an out-of-state 
spirits supplier is eligible to pay the $100 reduced fee from gallons to liters, which is the 
unit of measurement typically used in the spirits industry. The amendment delays the 
effective date of the bill until September 1, 2020 and provides that an out-of-state spirits 
supplier that is not eligible to pay the $100 reduced fee is only required to pay $500 for a 
certificate of approval for the first year that the provision is in effect. 
Beginning 
September 1, 2021, the annual fee for an out-of-state spirits supplier that is not eligible to 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 738, L.D. 2089 ( S -U.,t:,7,) 
pay the $100 reduced fee returns to the $1,000 level established by the bill. Finally, the 
amendment makes technical changes to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/24/20 fear:::.. 
LD2089 
LR3173(02) 
An Act To Clarify Certificate of Approval Requirements under the State's Liquor Laws 
Fiscal Note for Bill as Amended by Committee Amendment "(1' Cs-l.161_) 
Committee: Veterans and Legal Affairs 
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 laws regarding approval of out-of-state spirits 
suppliers are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR3173(02) - Fiscal Note - Page 1 of 1