An Act Regarding Rulemaking and Pricing under the Bureau of Alcoholic Beverages and Lottery Operations
Maine Legislature, Session 130, LD 1906
Committee Amendment CA_A_S463 (Senate)
Amends: 28-A MRSA §81, 28-A MRSA §84, 28-A MRSA §1404, 28-A MRSA §1405

COMMITTEE AMENDMENT "fr" to S.P. 668, L.D. 1906, "An Act Regarding 
Rulemaking and Pricing under the Bureau of Alcoholic Beverages and Lottery Operations" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Streamline and Modernize the Department of Administrative and 
Financial Services, Bureau of Alcoholic Beverages and Lottery Operations' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-A MRSA §81, sub-§5 is enacted to read: 
5. Retail price; reconsideration. The commission shall, in accordance with section 
1651 and after considering any recommendation submitted by the bureau, establish the 
retail price of spirits sold in the State. The director of the bureau shall notify the affected 
spirits supplier of the commission's decision establishing the retail price and of the affected 
spirits supplier's opportunity to request reconsideration of the retail price determination at 
an adjudicatory hearing conducted by the commission in accordance with Title 5, chapter 
375, subchapter 4. The decision of the commission issued after an adjudicatory hearing 
requested under this subsection is final agency action for the purposes of judicial review 
under Title 5, chapter 375, subchapter 7. The commission shall adopt rules establishing 
the procedures for the conduct of adjudicatory hearings under this subsection, including 
but not limited to the deadline for an affected spirits supplier to request a hearing. Rules 
adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. For purposes of this subsection, "affected spirits supplier" means a spirits 
supplier that supplies a spirits product that is the subject of a retail price determination of 
the State. 
Sec. 2. 28-A MRSA §84, sub-§6, as amended by PL 2019, c. 13, §8, is further 
amended to read: 
6. Implement a spirits sales data reporting system. Collect from reselling agents 
data on spirits sales made by each reselling agent to establishments licensed to sell spirits 
Page I - 130LR2511(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fi- "to S.P. 668, L.D. 1906 {.3-'--j le.,'0 
for on-premises consumption. The data must include, but is not limited to, the amount and 
date of sale of each product code sold to on-premises licensees by the reselling agent. For 
the purposes of this subsection, "product code" has the same meaning as in section 461. 
For the purposes of collecting on-premises spirits sales data from reselling agents, the 
director shall enter into a contract with a trade association representing states that control 
and manage the sale of spirits. The contract must require the trade association to compile 
aggregate data for each product code on the monthly sales made by reselling agents to 
establishments licensed to sell spirits for on-premises consumption and to make that data 
and the data provided in subsection 6-A available to spirits suppliers. The contract must 
O 
also require that neither the bureau nor the trade association may make publicly available 
any information that would specifically identify the reselling agent, including, but not 
limited to, the reseller's name, the name of the reseller's agency liquor store, the reseller's 
agency liquor store's address or the address of any associated storage facility of the reselling 
agent; afl:4 
Sec. 3. 28-A MRSA §84, sub-§6-A is enacted to read: 
6-A. Wholesale spirits sales data. Provide to the trade association awarded the 
contract under subsection 6 data on spirits sales made each month by the State to agency 
liquor stores. The data must include, but is not limited to, aggregate sales of each product 
code sold to agency liquor stores by the State. For the purposes of this subsection, "product 
code" has the same meaning as in section 461: and 
Sec. 4. 28-A MRSA §1404, as amended by PL 1997, c. 373, §128, is further 
amended to read: 
§1404. Unbonded wholesale licensees 
1. Procedure for unbonded wholesale licensees. Unbonded wholesale licensees 
shall order and purchase malt liquor and wine under the following procedures. 
A. The bureau shall furnish all purchase order forms. 
B. The unbonded vAlolesale lieensee shall eomplete the fonns in (lllintuplieate. 
C. The unbonded wholesale licensee ordering malt liquor or wine shall mail 3 eopies 
submit to the bureau, in a manner specified by the bureau, a copy of the completed 
purchase order form to the bureau with a eheek payment for the amount of excise taxes 
required to cover the amount of the order. 
D. The UH:bonded vAlolesale lieensee may mail the original eopy of the order to the 
brewery or winery or wholesaler with •.vhom the lieensee •.visbes to plaee the order. 
E. On receipt of the 3 eopies copy of the completed purchase order form and a eheek 
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payment for excise taxes submitted under paragraph C, the bureau shall promptly 
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process the payment and submit copies and retHra one eopy of the completed purchase 
order form indicating that excise taxes have been paid to the unbonded wholesale 
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licensee and send one to the bre•11ery, •.vinery or foreign v.rliolesaler designated to 
reeeive certificate of approval holder with which the unbonded wholesale licensee 
wishes to place the order. The burea-l¼ shall keep the 3rd eopy on file. 
F. No brev;ery, winery or foreign •.vholesaler A certificate of approval holder may not 
ship or release malt liquor or wine for delivery in Maine the State until notified by the 
bureau that the excise tax has been paid in accordance with this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" r\ "to S.P. 668, L.D. 1906 L s-Y le~ 
Sec. 5. 28-A MRSA §1405, sub-§1, as amended by PL 1997, c. 373, §129, is 
further amended to read: 
1. Procedures for bonded wholesale licensees. Bonded wholesale licensees shall 
order and purchase malt liquor and wine under the following procedures. 
A. The bureau shall furnish. all purchase order forms. 
R The bonded vmolesale lieensee shall emnplete the forms in triplieate. 
C. The bonded wholesale licensee shall submit the original f! copy of the completed 
purchase order form to the bre•Nef)', winef)' or foreign vmolesaler certificate of 
approval holder with vmom he which the bonded wholesale licensee wishes to place 
the order. 
D. The bonded wholesale licensee shall then mail submit to the bureau ene, in a 
manner specified by the bureau, a copy of the completed purchase order form and retain 
ene !! copy for the licensee's files. 
Sec. 6. Report. Not later than January 15, 2023, the Department of Administrative 
and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations shall 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
alcoholic beverages matters that describes the process by which the State Liquor and 
Lottery Commission established in the Maine Revised Statutes, Title 5, section 12004-G, 
subsection 14 establishes the retail price of spirits sold in the State; describes the process 
by which the bureau develops recommended retail prices for the commission's 
consideration; explains how any pricing formula or calculator employed by the bureau to 
establish such recommended retail prices operates, the factors that affect a retail price 
calculated using such a formula or calculator and the reasons that the bureau chose to 
incorporate those factors in the formula or calculator; and informs the committee of the 
status of the commission's adoption of rules pursuant to the Maine Revised Statutes, Title 
28-A, section 81, subsection 5. The committee may submit legislation related to the report 
to the 131st Legislature in 2023.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and makes the following changes to the State's liquor 
laws. 
1. It requires the State Liquor and Lottery Commission to adopt routine technical rules 
establishing procedures by which a spirits supplier may, after the commission establishes 
the retail price of that spirits supplier's own spirits product, request a reconsideration of that 
retail price determination at an adjudicatory hearing. 
2. Under current law, the Department of Administrative and Financial Services, 
Bureau of Alcoholic Beverages and Lottery Operations must enter into a contract with a 
trade association representing states that control and manage the sale of spirits for the 
monthly collection of data, by product code, on spirits sales made by each reselling agent 
to establishments licensed to sell spirits for on-premises consumption. The amendment 
requires the trade association to compile and make available aggregate data, by product 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 668, L.D. 1906 (S-L/Ce-s) 
code, on the monthly sales made by reselling agents to establishments licensed to sell spirits 
for on-premises consumption. The amendment also requires the bureau to provide to the 
same trade association monthly data, by product code, on aggregate spirits sales made by 
the State to agency liquor stores. The trade association must make this data available to 
spirits suppliers. 
3. It streamlines the paperwork requirements by updating the procedures for purchase 
order forms that bonded and unbonded wholesale licensees must fill out when ordering 
malt liquor or wine. 
4. It requires the bureau to submit a report to the joint standing committee of the 
Legislature having jurisdiction over alcoholic beverages matters by January 15, 2023 that 
describes the processes by which the commission establishes the retail price of spirits sold 
in the State, describes the process by which the bureau develops recommended retail prices 
for the commission's consideration, explains how any pricing formula or calculator 
employed by the bureau to establish such recommended retail prices operates and informs 
the committee of the status of the commission's establishment of a process for a spirits 
supplier to seek a reconsideration of a commission retail price determination. 
The 
committee is authorized to submit legislation related to the report to the 131st Legislature 
in 2023. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 03/17 /22 ~ae. 
LD 1906 
LR 2511(02) 
An Act Regarding Rulemaking and Pricing under the Bureau of Alcoholic Beverages and Lottery 
Operations 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '14' ( s-l-/0__,~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services as a result of the provisions of this bill are anticipated to be minor and can be 
absorbed within existing budgeted resources. 
LR25 l 1 (02) - Fiscal Note - Page 1 of 1