An Act To Expand the Market for Maine Liquor Manufacturers
Maine Legislature, Session 130, LD 0307
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI
Amends: 28-A MRSA §707, 28-A MRSA §1357

Legislative Document
No. 307
S.P. 133
In Senate, February 8, 2021
An Act To Expand the Market for Maine Liquor Manufacturers
(EMERGENCY)
Received by the Secretary of the Senate on February 4, 2021.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the spread of the novel coronavirus disease referred to as COVID-19 has 
created a public health emergency; and
Whereas, in response to this public health emergency, the Governor issued an 
executive order on March 18, 2020 requiring the closure of tasting rooms and requiring 
restaurants and bars, including those operated by Maine manufacturers of spirits, wine and 
malt liquor, to close their dine-in facilities; and
Whereas, although restaurants were permitted to reopen for dine-in service by June 
17, 2020, they were required to limit indoor seating capacity and, from November 20, 2020 
through January 2021, were additionally required to close their dine-in facilities by 9:00 
p.m. nightly to prevent spread of the virus; and
Whereas, the reopening of bars and tasting rooms has been postponed until further 
notice; and
Whereas, the combined effects of the public health emergency and subsequent public 
health measures have significantly affected the economic health of Maine manufacturers 
of spirits, wine and malt liquor; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §707, sub-§7, as amended by PL 2019, c. 665, §9, is further 
amended to read:
7.  Exceptions.  This section does not prohibit:
A.  A manufacturer or out-of-state wholesaler from extending the usual and customary 
credit to a wholesale licensee for the purchase of malt liquor or wine; or
B.  A manufacturer or out-of-state wholesaler from furnishing materials and equipment 
for the use of a wholesale licensee or the wholesale licensee's employees, including:
(1)  Painting the wholesale licensee's vehicles;
(2)  Supplying legal advertising signs used by the wholesale licensee in the course 
of the wholesale licensee's business; and
(3)  Supplying uniforms for the employees of the wholesale licensee.; or
C.  A manufacturer licensed under section 1355-A from selling and shipping its 
products to an individual in another state for personal use and not for resale, as long as 
the sale and shipment are authorized by and conducted in accordance with the 
requirements of the law of the state where the shipment is delivered.
Sec. 2.  28-A MRSA §1357 is enacted to read:
§1357.  Sales to persons in another state
Notwithstanding any provision of this Title to the contrary, a manufacturer licensed 
under section 1355-A may sell and ship its products to a person located in another state, as 
long as the sale and shipment are authorized by and conducted in accordance with the 
requirements of the law of the state where the shipment is delivered.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill clarifies that licensed Maine manufacturers of spirits, wine, malt liquor and 
low-alcohol spirits products may sell and ship their products to a person located in another 
state, as long as the sale and shipment are both authorized by and conducted in accordance 
with the requirements of the law of the state where the shipment is delivered.