An Act To Allow Wine Retailers with 2 or More Licensed Facilities To Freely Transfer Wine between Approved Facilities
Maine Legislature, Session 130, LD 1914
Committee Amendment CA_A_H792 (House)
Amends: 28-A MRSA §1201, 28-A MRSA §1201-B

COMMITTEE AMENDMENT "/f "to H.P. 1420, L.D. 1914, "An Act To Allow 
Wine Retailers with 2 or More Licensed Facilities To Freely Transfer Wine between 
Approved Facilities" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-A MRSA §1201, sub-§3-A, as amended by PL 2013, c. 476, Pt. A, §26, 
is further amended to read: 
3-A. Sale or transfer of malt liquor or wine for off-premises consumption to 
retailer prohibited. A person licensed under this section, or an agent or employee of the 
person, may not knowingly sell or transfer malt liquor or wine to another retailer lioensed 
under this seotion for resale except as provided in section 606 or 1201-B. 
Sec. 2. 28-A MRSA §1201-B is enacted to read: 
§1201-B. Transfer of wine between retail locations 
1. Definition. As used in this section. unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Approved retailer" means a retailer licensed to sell wine for off-premises 
consumption that has received approval to sell or transfer wine to a commonly owned 
retail licensee under subsection 3. 
B. "Commonly owned retail licensee" means. with respect to a retailer licensed to sell 
wine for off-premises consumption, another retailer licensed to sell wine for off-
premises consumption if the same person or persons hold a majority ownership interest 
in both retailers. 
2. Authority to transfer wine between retail locations. Notwithstanding section 
1201, subsection 3-A and any other provision of this Title to the contrary, an approved 
retailer may sell or transfer wine by the case or by the bottle to a commonly owned retail 
licensee under the following conditions: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .fr:, to H.P. 1420, L.D. 1914 
A. The approved retailer licensed and any commonly owned retail licensee to which 
wine is transferred or sold must be located within the territory that has been allocated 
under section 140 L subsection 8 to a single wholesale licensee for the purposes of 
making wholesale sales of the specific wine product being sold or transferred; 
B. The approved retailer and any commonly owned retail licensee to which wine is 
transferred or sold must share an electronic inventory· tracking system capable of 
identifying which retailer has possession of the case or bottle of wine at all times; and 
C. The approved retailer shall if necessary designate an area of the licensed premises 
to which customers do not have access ofno more than 750 square feet for the storage 
of wine and may not store wine in any other area or facility. 
3. Application; approval. 
A retailer licensed to sell wine for off-premises 
consumption shall seek approval from the bureau. on a form designated by the bureau. in 
advance of making an initial sale or transfer of wine to a commonly owned retail licensee 
under subsection 2. The bureau may not approve an application under this subsection unless 
the retailer provides sufficient information for the bureau to determine: 
A. That each sale or transfer of wine from the retailer to a commonly owned licensee 
will satisfy the requirements of subsection 2. paragraph A; 
B. That the retailer's electronic inventory tracking system satisfies the requirements of 
subsection 2. paragraph B; 
• 
C. That the retailer's storage of wine satisfies the requirements of subsection 2. 
paragraph C; and 
D. That the retailer has a safe and secure method for transferring wine to a commonly 
owned retail licensee. 
The bureau may not approve an application under this subsection from a retailer licensed 
to sell wine for off-premises consumption if the bureau has already approved an application 
under this subsection from one of the retailer's commonly owned retail licensees. 
4. Modification. An approved retailer shall submit a modified application, on a form 
designated by the bureau. and must receive approval from the bureau prior to: 
A. Making an initial sale or transfer of wine products not included in the initial 
application submitted under subsection 3 or a previously approved modified 
application under this subsection; or 
B. Making an initial sale or transfer of wine to a commonly owned licensee not 
identified in the initial application submitted under subsection 3 or a previously 
approved modified application under this subsection. 
The bureau may not approve an application under this subsection unless the bureau 
determines that the approved retailer will continue to meet the requirements of subsection 
if the modification is approved. 
5. Penalty. In addition to any penalty that may be imposed under chapter 33, the 
bureau may prohibit a retailer licensed to sell wine for off-premises consumption that 
violates any provision of this section or of any rule adopted by the bureau to implement 
this section from engaging in the activities authorized by subsection 2.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ff, to H.P. 1420, L.D. 1914 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, provides that only one 
retailer within a group of commonly owned retailers that are licensed to sell wine for off-
premises consumption may obtain authority from the Department of Administrative and 
Financial Services, Bureau of Alcoholic Beverages and Lottery Operations to sell or 
transfer wine to other retailers within the group. This retailer may designate an area within 
its licensed premises to which customers do not have access of no more than 750 square 
feet for the storage of wine and may not store wine in any other area or facility. Before 
making its first transfer or sale of wine, the retailer must demonstrate that the group of 
commonly owned retailers shares an inventory tracking system capable of identifying 
which retailer within the group has possession of each container of wine at all times; that 
it has a safe and secure method for transferring wine; and that it will not transfer wine to a 
commonly owned retailer unless that retailer is located within the same wholesaler's 
territory for the specific wine product being sold or transferred. 
The amendment also makes technical changes to add clarity to the provision of law 
that, as a general rule, prohibits an off-premises retailer from selling or transferring malt 
liquor or wine to another retailer. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/15/22 ;t;,,,ac.. 
LD 1914 
LR2265(02) 
An Act To Allow Wine Retailers with 2 or More Licensed Facilities To Freely Transfer Wine between 
Approved Facilities 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '/fr { ff,- 712) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services associated with this legislation can be absorbed within existing budgeted 
resources. 
LR2265(02) - Fiscal Note - Page 1 of 1