An Act To Conect Errors, Inconsistencies and Conflicts in and To Revise the State's Liquor Laws
Maine Legislature, Session 130, LD 1643
Committee Amendment CA_A_S571 (Senate)
Amends: 28-A MRSA §2, 28-A MRSA §606, 28-A MRSA §707, 28-A MRSA §753, 28-A MRSA §1012, 28-A MRSA §1052, 28-A MRSA §1055, 28-A MRSA §1355-A, 28-A MRSA §1652, 28-A MRSA §2073-C, 28-A MRSA §2073-D, 28-A MRSA §2519

COMMITTEE AMENDMENT "A- "to S.P. 528, L.D. 1643, "An Act To Conect 
Errors, Inconsistencies and Conflicts in and To Revise the State's Liquor Laws" 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. 28-A MRSA §2, sub-§2-D is enacted to read: 
2-D. Bottle, the verb. The verb "bottle" means to package spirits, wine or malt liquor 
for sale in containers.' 
Amend the bill in section 6 in subsection 5 by striking out all of paragraph A (page 1, 
lines 28 and 29 in L.D.) and inserting the following: 
'A. Producing malt liquor by fermentation of malt. wholly or partially. or any substitute 
for malt: or' 
Amend the bill by inserting after section 6 the following: 
'Sec. 7. 28-A MRSA §2, sub-§6-C is enacted to read: 
6-C. Business entity. "Business entity" means a partnership. corporation, firm, 
association or other legal entity.' 
Amend the bill in section 10 in subsection 11 in paragraph A in the first line (page 2, 
line 18 in L.D.) by striking out the following: "the person's own" 
Amend the bill in section 15 in subsection 15 in paragraph Kin the last line (page 4, 
line 34 in L.D.) by inserting after the following: "paddleball" the following: '. pickleball' 
Amend the bill by inserting after section 16 the following: 
'Sec.17. 28-AMRSA §2, sub-§18, as amended by PL 1987;j;. 342, §10, is repealed 
and the following enacted in its place: 
18. Malt liquor. "Malt liquor" means liquor: 
A. For which no less than 51 % of the total alcohol by volume derives from the 
fermentation of malt, one or more substitutes for malt or any combination of malt and 
one or more substitutes for malt: and 
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COMMITTEE AMENDMENT "A "to S.P. 528, L.D. 1643 ( $-$1 ~ 
B. For which no more than 49% of the total alcohol by volume derives from the 
fermentation of flavors, other non beverage ingredients and adjuncts, including honey, 
fruit, fruit juice, fruit concentrate, herbs, spices, maple syrup and other food materials. 
"Malt liquor" does not include beverages made with malt liquor to which spirits have been 
added.' 
Amend the bill in section 21 in subsection 29 by striking out all of paragraph A (page 
7, lines 6 and 7 in L.D.) and inserting the following: 
'A. Producing the person's own malt liquor by fermentation of malt, wholly or partially, 
or any substitute for malt: or' 
Amend the bill in section 22 in subsection 29-A in paragraph A in the first line (page 
7, line 18 in L.D.) by striking out the following: "the person's own" 
Amend the bill by striking out all of section 23 and inserting the following: 
'Sec. 23. 28-A MRSA §2, sub-§29-B, as amended by PL 2019, c. 529, §3, is further 
amended to read: 
29-B. Small winery. "Small winery" means a facility person that ferments, and ages 
and bottles: 
A. Up to 50,000 gallons per year of -its the person's own wine that is not hard cider; 
and 
B. Up to 3,000 barrels per year of-its the person's own wine that is hard cider.' 
Amend the bill by inserting after section 26 the following: 
'Sec. 27. 28-A MRSA §2, sub-§31-D is enacted to read: 
31-D. Substitute for malt. "Substitute for malt" means rice, grain of any kind, bran, 
glucose, sugar and molasses and any other substitute for malt allowed by the United States 
Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.' 
Amend the bill in section 32 in subsection 36 in the first line (page 9, line 13 in L.D.) 
by inserting after the following: "liquor" the following: ', other than malt liquor,' 
Amend the bill by striking out all of section 33 and inserting the following: 
'Sec. 33. 28-A MRSA §2, sub-§37, as amended by PL 1997, c. 767, §3, is further 
amended to read: 
37. Winery. "Winery" means a facility person that ferments, and ages and bottles 
wine and hard eider.' 
Amend the bill by striking out all of section 53. 
Amend the bill by striking out all of section 58. 
Amend the bill by striking out all of section 89 and inserting the following: 
'Sec. 89. 28-A MRSA §606, as amended by PL 2021, c. 592, Pt. B, §2, is further 
amended to read: 
§606. Liquor bought from bureau; sale to go:vernment ageneies Purchase of spirits 
by licensees, government instrumentalities, airlines, ferry services, hospitals 
and state institutions 
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COMMITTEE AMENDMENT" fr "to S.P. 528, L.D. 1643 ( S-57 ') 
1. Purchase of HiJ"lffif spirits. Subject to the restrictions provided in subsection 1-A, 
a person licensed to sell spirits for on-premises consumption mHSt shall purchase spirits 
from an agency liquor store licensed as a reselling agent under seetion 453 C. This 
subsection does not apply to public service corporations operating interstate. 
1-A. On-premises licensees; purchase from ageney store reselling agent. A Except 
for a public service corporation that operates interstate, a person licensed to sell spirits for 
on-premises consumption on the premises shall purchase spirits from at1 agenery1 liquor store 
a reselling agent only~ in accordance with this subsection. A licensee that violates this 
subsection is subject to the administrative penalties provided in section 2074-A. 
A. The sale price of spirits sold by a reselling agent to an establishment licensed for 
on-premises consumption must be the retail price established by the commission or the 
discounted retail price established by the bureau in accordance with subsection 1-C. 
B. Upon completion of a transaction, the agency liquor store reselling agent and the 
on-premises licensee shall each retain a copy of the licensee order form. 
1-C. Price of state spirits sales to agency liquor stores. The bureau may offer 
discounts below the retail price set by the commission on spirits sold to agency liquor 
stores. 
D. Purehase of spirits. Subjeet to the restrietions provided in subseetion 1 A, a 
person licensed to sell spirits for on premises consumption must purchase spirits from a 
reselling agent. This subsection does not apply to public service corporations operating 
interstate. 
3. Prospective licensees may order liq-ueF spirits in advance. Upon approval of the 
bureau, persons vmo have a person that has been issued an agency liquor store license 
effective at a future date or a license, to sell spirits for on-premises consumption effective 
at a future date, may order futuer spirits in advance of the effective date of the license and 
may advertise the effective date. 
4-A. Discount rates for agency liquor stores; rulemaking. Beginning July 1, 2014, 
the bureau shall set the wholesale price of spirits, which is the price an agency liquor store 
pays to purchase spirits from the State, at a minimum discount of 12% off the retail price. 
Upon the expiration or termination of all contracts for the operation of the State's wholesale 
spirits business in effect on January 1, 2022, the bureau shall set the wholesale price of 
spirits, which is the price an agency liquor store pays to purchase spirits from the State, at 
a minimum discount of 18% off of the retail price. 
The bureau by rule may establish discount rates greater than the minimum discount rates 
established in this subsection, including: 
A. Graduated discount rates, which must be structured in a way that does not adversely 
affect agency liquor stores that stock a low level of inventory; and 
B. Increased discount rates to be awarded as part of a sales incentive program for 
agency liquor stores. In adopting a sales incentive program under this paragraph, the 
bureau shall consider the effect of the sales incentive program on state revenue and on 
any pending or existing contracts awarded under section 90. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
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COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( S-57 ') 
4-B. Discount rate for small distilleries. Beginning July 1, 2019, the bureau shall 
set the wholesale price of spirits produced by a smalJ distillery licensed under section 
1355-A, subsection 5, paragraph B and retained by that small distillery for sale under 
section 1355-A, subsection 5, paragraph G or H, which is the price the small distillery pays 
to purchase those spirits from the State, at a discount of 22. 7 5% ef off the retail price. 
5. Sale to government instrumentalities. The bureau may authorize the sale of spirits 
to government instrumentalities within the State approved by the bureau. The bureau shall 
set the price. 
6. Sale to airlines and ferry services for consumption outside the State. The bureau 
may authorize the sale of spirits Bet for consumption withlfl outside of the State to airlines 
and ferry services or their agents as authorized by the bureau. The bureau shall set the 
price. 
6-A. Sale to hospitals and state institutions. The bureau may authorize the sale of 
spirits to hospitals and state institutions within the State for medicinal purposes only. The 
bureau shall set the price. 
7. Premium must be collected. Nothing in this section permits the sale of spirits 
without collecting the entire premium assessed under chapter 65. 
8. Limits on price. An agency liquor store shall sell all spirits purchased from the 
bureau or through an entity w.varded a contract under section 90 at the retail price 
established by the commission.' 
Amend the bill by inserting after section 94 the following: 
'Sec. 95. 28-A MRSA §707, sub-§8, 1A, as enacted by PL 2019, c. 665, §10, is 
repealed.' 
Amend the bill by inserting after section 110 the following: 
'Sec. 111. 28-A MRSA §753, as enacted by PL 1987, c. 45, Pt. A, §4, is amended 
to read: 
§753. Certifieate of approval holder Special warehouse facility licensee to keep 
records 
1. Records to be kept. £:,;:ery certificate of approval holder A licensee operating .!! 
special warehouse storage facilities facility within the State shall keep complete records 
concerning all transactions conducted at the special warehouse storage facility. The records 
must show: 
A. The date and amounts of all liquor received and from whom they were received; 
and 
B. The dates and amounts of all liquor shipped or withdrawn and the name of the 
person for whom the liquor was shipped or withdrawn. 
2. Manner in which records to be kept. The certificate of approval holder A licensee 
shall maintain the records upon the premises.' 
Amend the bill by striking out all of section 153 and inserting the following: 
'Sec. 153. 28-A MRSA §1012, sub-§3, as amended by PL 2021, c. 76, §1, is 
repealed and the following enacted in its place: 
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COMMITTEE AMENDMENT" /)r "to S.P. 528, L.D. 1643 ( S,-51 'i) 
3. Off-premises catering license. A club licensed to sell spirits, wine and malt liquor 
or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed Class A 
lounge, licensed hotel, licensed bed and breakfast, licensed auditorium, licensed civic 
auditorium or licensed performing arts center may obtain a license to conduct off-premises 
catering of the same type or types of liquor that the establishment may sell pursuant to the 
establishment's underlying club, Class A restaurant, Class A restaurant/lounge, Class A 
lounge, hotel, bed and breakfast, auditorium, civic auditorium or performing arts center 
license as provided in section 1052. The fee for an off-premises catering license is $10 per 
calendar day of the event or gathering.' 
Amend the bill by striking out all of section 163 and inserting the following: 
'Sec. 163. 28-A MRSA §1052, as amended by PL 2021, c. 76, §2, is further 
amended to read: 
§1052. Off premise Off-premises catering at planned events or gatherings 
1. Off-premises catering license for sale of liquor off premises. Class A restaurants, 
Class A lounges, Class A restaurant/lounges, hotels, bed and breakfasts, clubs, auditoriums, 
civic auditoriums and performing arts centers A club licensed to sell spirits, wine and malt 
liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed Class 
A lounge, licensed hotel, licensed bed and breakfast, licensed auditorium, licensed civic 
auditorium or licensed performing arts center may apply for an additional license to 
conduct off-premises catering of spirits, •.yine and malt liquor at planned events or 
gatherings to be held at locations other than the licensee's premises under this section. 
2. Fee. The license fee for the off premise catering license is $10 per calendar day of 
the event or gathering. 
3. Sponsor Type of event. The off premise sales An off-premises catering license 
authorizes the licensee to sell the type or types of liquor specified in subsection 3-A only 
at: 
A. Public events or public gatherings sponsored by a charitable, nonprofit organization 
or civic group; and 
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B. Private events or private gatherings sponsored by an individual person, organization 
or association of persons. 
3-A. Type of liquor. An off-premises catering licensee may sell at an event described 
in subsection 3 only the type or types of liquor that the licensee is authorized to sell pursuant 
to the licensee's underlying club, Class A restaurant, Class A restaurant/lounge, Class A 
lounge, hotel, bed and breakfast, auditorium, civic auditorium or performing arts center 
license. 
4. Application. The licensee must apply for an off-premises catering license by filing 
a written application with the bureau at least 24 hours before the event or gathering. The 
application must include the following: 
A. Title and purpose of the event; 
B. Date, time and duration; 
C. Location; 
D. Approximate number of persons to be accommodated; 
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COMMITTEE AMENDMENT" A" to S.P. 528, L.D. 1643 C ?"'570 
E. Name and address of the sponsoring person, organization or association; 
F. If food is to be served, the name and address of the food caterer, if other than the 
licensee; and 
G. Approval by the municipal officers, or a municipal official designated by the 
municipal officers, of the municipality in which the proposed additional licensed 
premises are located, which, notwithstanding section 653, may be granted without 
public notice. The bureau shall accept approval required under this paragraph in 
electronic form submitted by the applicant or directly by the municipality to the bureau. 
5. 
Ruling on application. 
Upon receipt of the application, the bureau may 
immediately approve or deny the application. The bureau shall advise the applicant that 
the license and the off premise off-premises sales license may be revoked and suspended 
under chapter 33. 
6. Local option questions. The bureau may not grant approval for the sale of liquor 
at events to be held in areas where the voters have voted in the negative concerning the 
pertinent local option questions.' 
Amend the bill by inserting after section 168 the following: 
'Sec. 169. 28-A MRSA §1055, as enacted by PL 2015, c. 142, §3, is amended by 
amending the section headnote to read: 
§1055. Liquor samples at Class A restaurants and Class A restaurant/lounges' 
Amend the bill in section 184 in subsection 4 in the 3rd line (page 54, line 15 in L.D.) 
by striking out the following: "enforcement officer" and inserting the following: 
'enforcement officer inspector' 
Amend the bill in section 187 in §1073 in the first line (page 55, line 1 in L.D.) by 
inserting after the first occurrence of the following: "centers;" the following: 'indoor' 
Amend the bill in section 193 in subsection 4 in the first line (page 57, line 38 in L.D.) 
by striking out the following: "A" and inserting the following: 'A Notwithstanding section 
803, subsection 4, a' 
Amend the bill by striking out all of section 221 and inserting the following: 
'Sec. 221. 28-A MRSA §1355-A, as amended by PL 2021, c. 514, §2, is further 
amended to read: 
§1355-A. Manufacturer licenses 
1. Issuance of licenses. The bureau may issue licenses under this section to breweries, 
small breweries, wineries, small wineries, distilleries and .. small distilleries, bottlers and 
rectifiers in the State that operate under federal law and federal supervision. 
1-A. Definition. For purposes of this section, "manufacturing facility" means the 
premises ·of a brewery. small brewery, winery, small winery. distillery or small distillery 
licensed under this section where liquor products are produced. 
1-B. Bottlers and rectifiers. A bottler or rectifier licensed under this section may 
permit sampling of a liquor product bottled or rectified by that licensee on the premises 
where it is bottled or rectified: 
A. By employees for the purpose of quality control of the product; and 
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COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( $-S71) 
B. By wholesalers for the purpose of determining whether to carry the product as a 
wholesale product if the licensee pays the excise tax on the product sampled according 
to section 1652. 
2, Manufacturers other than bottlers and rectifiers. The following provisions 
apply to brewery, small brewery, winery, small winery, distillery and small distillery 
licensees. 
A. A licensee governed by this subsection may permit sampling of the.!! liquor product 
produced by that licensee on the premises where the liquor product is produced: 
(1) By employees for the purpose of quality control of the product; and 
(2) By wholesalers for the purpose of determining whether to carry the product as 
a wholesale product if the holder of the license licensee pays the excise tax on the 
product sampled according to section 1652t-afld~ 
(3) By the public if the holder of the license pays the excise tax on the product 
sampled according to section 1652. 
B. A licensee under this section governed by this subsection may serve to the public 
complimentary samples of liquor produced by the licensee at the licensed premises 
manufacturing facility where that liquor is produced by the licensee under the 
conditions specified in this paragraph. 
(1) The licensee may sell samples to the public or offer samples to the public at 
no cost. 
(2) The licensee shall pay the excise tax, if any, according to section 1652 on all 
samples served to the public under this paragraph. If a sample is sold by the 
licensee, it is also subject to the sales tax on liquor under Title 3 6, section 1811. 
(3) The licensee shall maintain a record of all samples the licensee sells under this 
paragraph and shall maintain those records for a period of 2 years. 
( 4) The licensee may serve samples to the public under this paragraph only during 
the hours of legal sale set forth in section 4. 
(5) The area of the licensed premises where the licensee serves samples to the 
public under this paragraph is not required to be separate from and may be accessed 
by the same entrance as the area licensed for on-premises consumption of liquor 
under chapter 43 in accordance with paragraph I. 
(6) Spirits samples served to the public under this paragraph by a distillery must 
first be sold to the State, subject to the listing, pricing and distribution provisions 
of this Title. Spirits samples served to the public under this paragraph by a small 
distillery are subject to the requirements of subsection 5, paragraph H. 
(7) The licensee may not serve samples to minors or visibly intoxicated persons. 
C. A licensee under this section may sell to nonlicensees during regular business hours 
from the licensed premises 1,1,1here liquor is produced by the licensee liquor produced 
by the bottle, by the case or in bulk for consumption off the licensed premises. Spirits 
sold by distillers in accordance v,rith this paragraph must be first sold to the State, 
subject to the listing, pricing and distribution provisions of this Title. 
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COMMITTEE AMENDMENT "Pr "to S.P. 528, L.D. 1643 ( S- 57 r) 
D. A licensee under this section governed by this subsection may sell for off-premises 
consumption liquor produced by the licensee from the licensed premises manufacturing 
facility where liquor is produced by the licensee liquor produced by the licensee for 
consumption off the licensed premises under the conditions specified in this paragraph. 
( 1) Sales made in accordance with this paragraph do not require a the licensee 
under this section to obtain an additional retail license under chapter 45. 
(2) Liquor sold in accordance with this paragraph may not be consumed anywhere 
on the licensed premises. 
(3) The area of the licensed premises where a the licensee opts to transact sales for 
off-premises consumption is not required to be separate from and may be accessed 
by the same entrance fer as the area licensed for on-premises consumption ofliquor 
under chapter 43 in accordance with paragraph I. 
( 4) Sales under this paragraph may be made only during the hours of legal sale as 
provided in section 4. 
(5) Spirits sold by a distillery must first be sold to the State, subject to the listing, 
pricing and distribution provisions of this Title. Spirits sold by a small distillery 
are subject to the requirements of subsection 5, paragraph G. 
(6) Except as provided in subsection 3, paragraphs C and C-1, sales may be made 
only by the bottle, by the case or in bulk. 
E. A licensee may serve complimentary samples of liquor on Sunday after the hour of 
a.m. and may sell liquor on Sunday after the hour of 5 a.m. if the municipality in 
·.vhich the licensed premises is located has authorized the sale of liquor on Sunday for 
consumption off the premises under chapter 5. 
F. A licensee may charge for samples or shall othervlise comply ·.vith the conditions 
in paragraph E. Each sample poured is subject to a charge in an amount determined by 
the licensee and is subject to the sales tax on liquor under Title 3 6, section 1811. A 
licensee shall maintain a record of liquor samples subject to a charge and maintain 
those records for a period of 2 years. 
G. A licensee that is a brev,ref)' or small brev,rery may sell on the premises during 
regular business hours and within the hours of legal sale to nonlicensees liquor 
produced at the licensed premises. The volume of the package may not exceed 15.5 
gallons and must be consumed off the premises. The sale of packages described in this 
paragraph must comply with keg tagging requirements provided in section 714. Each 
licensee shall submit a monthly report to its v,rholesaler detailing sales made directly 
from the premises. The wholesaler shall calculate the fees for any bottle deposit and 
submit an invoice to the licensee for expenses associated \Vith the requirements 
prescribed in Title 38, chapter 33 including the retailer handling fee, state container 
deposit and a mutually agreed upon pick up fee. 
H. A. small winery or small brev,ref)' licensee shall keep and maintain complete records 
on all sales to a retail licensee. 
I. A licensee governed by this subsection may be issued one on-premises retail license 
under chapter 43 per licensed location, on the premises of the licensed location or at 
another location, for the sale of liquor to be consumed on the premises at the retail 
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COMMITTEE AMENDMENT" /Jr "to S.P. 528, L.D. 1643 ( ':, 51 i) 
premises if the same person or persons hold a controlling interest in both the licensed 
manufacturing location and the licensed retail establishment manufacturing facility 
under the conditions specified in this paragraph. 
(1-A) The on-premises retail license issued under chapter 43 may be for retail 
activities located at the manufacturing facility or for retail activities at another 
location if the same person or persons hold a majority ownership interest in both 
the manufacturing facility and the premises licensed under chapter 43. 
(2) The retail license issued under chapter 43 authorizes the sale for on~premises 
consumption of products ef produced at the brev,rery, small brewery, winery, small 
v,rinery, distillery or small distillery, in addition to manufacturing facility as well 
as other liquor permitted to be sold under the applicable class of the retail license, 
to be consumed on the premises. 
(2-A) Liquor sold under a chapter 4 3 retail license operated on the premises of a 
location licensed under this section issued under chapter 43 on the premises of the 
manufacturing facility may not be consumed on any part of the premises where 
patrons are not generally permitted. 
(3) All records related to activities under a manufacturer the authority of the 
manufacturing facility's license issued under this section must be kept separate 
from records related to activities under the authority of the retail license issued 
under chapter 43. Income from the sale of liquor under subparagraph ( 4-A) or 
under paragraph B or D by a manufacturing facility that is located on the same 
premises as the retail license issued under chapter 43 is not included in calculating 
whether that retail licensee satisfies any applicable income from the sale of food 
requirement set forth in chapter 43. 
( 4) A distillery or small distillery must meet the requirements of subsection 5, 
paragraphs D and E Spirits sold under the authority of the retail license issued 
under chapter 43 to the holder of a distillery license must first be sold to the State, 
subject to the listing, pricing and distribution provisions of this Title. Spirits sold 
under the authority of the retail license issued under chapter 43 to the holder of a 
small distillery license are subject to the requirements of subsection 5, paragraph 
H. 
( 4-A) A person issued a retail license under chapter 43 for premises other than the 
licensed manufacturing facility may sell liquor for off-premises consumption under 
the conditions stated in paragraph D. 
(5) 
The licensee shall ensure that products purchased for off-premises 
consumption under paragraph D are not consumed on the licensed premises of the 
manufacturing facility or the retail license issued under chapter 43, if that retail 
license authorizes retail activities at another location. 
J. A licensee governed by this subsection may display up to 25 bottles of liquor 
produced by the licensee in a window of the 51 location under paragraph D where liquor 
is sold for consumption off the licensed premises. Locations licensed under subsection 
4, paragraph B, sa-bparagraph (2) or subsection 5, paragraph B, subparagraph (3) may 
also display up to 25 bottles of liquor produced by the licensee where the licensee is 
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COMMITTEE AMENDMENT" ,4 "to S.P. 528, L.D. 1643 { $-57 7) 
authorized by this section to sell its products for on-premises consumption or for off-
premises consumption. 
K. For the purposes of selling liquor for on premises and off premises consumption, 
a licensee Vlho operates more than one facility licensed for the manufacture of liquor 
under this section may A licensee governed by this subsection may transport liquor 
produced at the licensed manufacturing facility in bulk or packaged in kegs. bottles or 
cans, including by the case, to: 
(1) Transfer product produced by the licensee in bulk or packaged in kegs, bottles 
or cans, including by the ease, at one facility licensed for the manufacture of liquor 
to another Another manufacturing facility at ,;,vhieh the licensee is licensed to 
manufacture liquor or to any location where the licensee: licensed under this 
section if the same person or persons hold a majority ownership interest in both of 
the licensed manufacturing facilities; and 
(a) 
Serves samples of the manufacturer's product in accordance 
1;,,rith 
subsection 2, paragraphs E and F; and 
(b) Is authorized under this section to sell the manufacturer's product to 
nonlieensees for off premises consumption; and 
(2) Transfer product produced by the licensee in bulk or packaged in kegs, bottles 
or cans, including by the ease, from a facility at which the licensee is licensed to 
manufacture liquor to any An establishment licensed for on premises consumption 
under chapter 43 retail sales operated by the licensee as authorized under paragraph 
I; subsection 4, paragraph B, subparagraph (2); or subsection 5, paragraph B, 
subparagraph (3) as long as the same person or persons hold a majority ownership 
interest in both the licensed manufacturing facility and the licensed retail 
establishment. 
If the same person or persons hold a majority ovmership interest of greater than 50% 
in more than one facility licensed for the manufacture of liquor under this section, the 
person or persons are considered one licensee for the purpose of transferring liquor as 
authorized by this paragraph. 
2-B. Grandfathering of certain licenses issued prior to January 1, 2018. The 
bureau may not suspend, revoke or refuse to renew a license issued under this section or 
chapter 43 or 45 that was initially issued prior to January 1, 2018 solely on the basis that: 
A. The establishment licensed under chapter 43 or 45 was determined by the bureau 
after the license was issued to not be exclusively held or exclusively owned by a person 
licensed to manufacture liquor under this section; or 
B. The licensee is in violation of section 707, subsection 2, 3-A or 5-A, if the violation 
existed in the same manner at the time the license was initially issued or at the time the 
license was renewed. 
The prohibition described in this subsection does not apply if the reason for suspension, 
revocation or refusal to renew is due to the licensee's substantial misrepresentation of or 
failure to disclose material facts required for the issuance or renewal of the license. 
3. Breweries; small breweries. Except as otherwise provided in this section, the 
following provisions apply to breweries and small breweries. 
Page l 0 - 130LR0452(02) 
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COMMITTEE AMENDMENT" ,A- "to S.P. 528, L.D. 1643 ( $-5 7 lj 
A. A holder of a brewery license may produce and bottle more than 30,000 barrels of 
malt liquor per year. 
B. A holder of a small brewery license may produce and bottle up to 30,000 barrels of 
malt liquor per year. 
( 1) Upon application by a holder of a small brewery license that has produced malt 
liquor in an amount that exceeds 30,000 barrels in one year, the bureau may renew 
that holder's small brewery license for only one additional year. 
(2) A holder of a small brewery license may sell or deliver its products to licensed 
retailers or wholesalers. The licensee may sell, on the premises for consumption 
off the premises off-premises consumption, malt liquor produced at the licensed 
premises by the bottle, by the case or in bulk to licensed retailers, including, but 
not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding 
section 1361, the holder of a small brewery license may sell its products directly 
to a retail licensee under this paragraph without selling to a wholesale licensee. A 
small brewery licensee shall keep and maintain complete records on all sales to a 
retail licensee. 
B-1. To be eligible for a brewery or small brewery license, a person must hold a 
brewer's notice issued by the United States Department of the Treasury, Alcohol and 
Tobacco Tax and Trade Bureau. 
C. Notwithstanding any ether provision of this Title to the contrary. an on-premises 
retail license issued under chapter 43 pursuant to subsection 2, paragraph I to the holder 
of a brewery or small brewery licensed in accordance 1,vith this section may sell from 
the establishment at the site of the brev,1e1:y licensed for the sale of alcoholic beverages 
to be consumed on the premises license authorizes the sale of malt liquor te-be 
consumed off the premises in prefilled, refillable bottles for off-premises consumption 
under the conditions specified in this paragraph. 
(1) Only malt liquor brewed at the brewery vt'11ere the on premises establishment 
is licensed or small brewery associated with the on-premises retail license issued 
under chapter 43 may be sold at the on premises establishment under this 
paragraph. 
(2) Malt liquor must be dispensed in bottles provided by and with labels unique to 
the brewery or small brewery of 32 to 64 ounces in volume. 
(3) No more than 6 bottles may be prefilled at any one time. 
( 4) A deposit may be charged per bottle. Bottles sold under this paragraph are not 
subject to Title 38, chapter 33. 
(5) The bottle in which the malt liquor is dispensed must be sealed by the licensee 
with a seal that is tamper-evident. 
( 6) Malt liquor dispensed in accordance with this paragraph must be consumed off 
the premises. 
(7) All sales of malt liquor from the on premises establishment for off premises 
consumption under this paragraph must be accompanied by a sales receipt with a 
time stamp that indicates time of purchase. 
COMMITTEE AMENDMENT 
CJ) 
~ 
COMMITTEE AMENDMENT" ,4- "to S.P. 528, L.D. 1643 ( $-- 57 !) 
(8) Sale of malt liquor from the on premises establishment for off premises 
consumption may not be made Malt liquor may not be sold pursuant to this 
paragraph after 10:00 p.m. 
The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance 
with this paragraph are routine technical rules in accordance 1.vith as defined in Title 5, 
chapter 375, subchapter 2-A. 
C-1. A holder of a brewery or small brewery license may sell for off-premises 
consumption kegs of malt liquor produced by the licensee under the conditions 
specified in this paragraph. 
(1) Only malt liquor brewed at the brewery or small brewery may be sold by the 
keg, which may not exceed 15 .5 gallons in volume and which must comply with 
the tagging and labeling requirements set forth in section 714. 
(2) Sales under this paragraph may be made only during the hours of legal sale as 
provided in section 4. 
(3) The brewery or small brewery shall submit a monthly report to its wholesale 
licensee detailing sales made under this paragraph. The wholesale licensee shall 
calculate the fees for any bottle deposit and submit an invoice to the licensee for 
expenses associated with the requirements prescribed in Title 38, chapter 33 
including the retailer handling fee, state container deposit and a mutually agreed-
upon pickup fee. 
D. Notwithstanding any pro11ision of this Title to the contrary, a brev,rery or small 
brewery licensed in accordance with this section may sell malt liquor to be consumed 
off the premises under the conditions specified in this paragraph if the bre1.very or small 
breVlef)' is participating in a taste testing ei,ent under section 1052 D. 
(1) The brev1ery or small brev,rery may sell only malt liquor produced in the State 
by that brev,rery or small brewery. 
(2) A sale of malt liquor in accordance v,rith this paragraph must be accompanied 
by a sales receipt. 
E. A holder of a brewery or small brewery license may produce low-alcohol spirits 
products containing malt liquor produced by the brewery or small brewery and may 
import spirits solely for this purpose. 
(1) If a small brewery license holder produces low-alcohol spirits products 
pursuant to this paragraph, the combined total of malt liquor and low-alcohol spirits 
products produced at the small brewery may not exceed 30,000 banels per year. 
4. Wineries; small wineries. Except as otherwise provided in this section, the 
following provisions apply to wineries and small wineries. 
A. A holder of a winery license may produce and bottle more than 50,000 gallons per 
year of wine that is not hard cider and may produce and bottle more than 3,000 barrels 
per year of wine that is hard cider. 
B. A holder of a small winery license may produce and bottle up to 50,000 gallons per 
year of wine that is not hard cider and may produce and bottle up to 3,000 banels per 
year of wine that is hard cider. 
COMMITTEE AMENDMENT 
(f) 
~ 
COMMITTEE AMENDMENT" /)r" to S.P. 528, L.D. 1643 (S,-57 9 
(1) A holder of a small winery license may sell or deliver its products to licensed 
retailers or wholesalers. The licensee may sell, on the premises for consumption 
off the premises, off-premises consumption any wine produced at the licensed 
premises by the bottle, by the case or in bulk to licensed retailers, including, but 
not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding 
section 1361, the licensee may sell its products directly to a retail licensee under 
this paragraph without selling to a wholesale licensee. A small winety licensee 
shall keep and maintain complete records on all sales to a retail licensee. 
(2) A holder of a small winery license, upon application to and approval of the 
bureau and payment of the a $50 license fees fee per location, may obtain licenses 
for off-premises consumption for up to 2 additional locations other than the 
location of the in-state manufacturer licensed under this section. The holder of the 
licenses is not required to conduct any bottling or production at the additional 
licensed locations but may conduct all activities permitted by this section at the 
additional licensed locations. 
B-1. To be eligible for a winezy or small winezy license, a person must hold a basic 
permit for producing wine from the United States Department of the Treasury. Alcohol 
and Tobacco Tax and Trade Bureau. 
C. A holder of a winery or small winery license may fortify wine produced by the 
winery license holder and import spirits solely for this purpose. 
(1) If a small winery license holder produces fortified wine pursuant to this 
paragraph, the combined total of •;,,rine, sparkling ·.vine and fortified 'Nine all wine. 
other than hard cider, produced at the small winery may not exceed 50,000 gallons 
per year. 
D. Notwithstanding any provision of this Title to the contrary, a 1tvinef)' or small winef)' 
licensed in accordance with this section may sell wine to be consumed off the premises 
under the conditions specified in this paragraph if the winery or small winef)' is 
participating in a taste testing e:'rent under section 1052 D. 
(1) The vi'inef)' or small winery may sell only vi'ine produced in the State by that 
winef)' or small 1Ninery. 
(2) A sale of ,,vine in accordance v,rith this paragraph must be accompanied by a 
sales receipt. 
For purposes of this subsection, "fortified wine" means wine to which spirits have been 
added as long as the resulting liquor does not exceed 24% alcohol by volume. 
5. Distilleries; small distilleries. Except as otherwise provided in this section, the 
following provisions apply to distilleries and small distilleries. 
A. A holder of a distillery license may distill, rectify, blend and bottle more than 
50,000 gallons of spirits per year. 
B. A holder of a small distillery license may distill, rectify, blend and bottle not more 
than 50,000 gallons of spirits per year. 
(1) The small distillery off premises license fee is $100. 
COMMITTEE AMENDMENT 
Cf) 
Cl!'. 
COMMITTEE AMENDMENT" /t "to S.P, 528, L.D. 1643 { $-51 ~ 
(2) Upon application by a holder of a small distillery license whose distillery has 
produced spirits in an amount that exceeds 50,000 gallons in one year, the bureau 
may renew that holder's small distillery license for only one additional year. 
(3) A holder of a small distillery license, upon application to and approval of the 
bureau and payment of~ a $100 license fee& fee per location, may obtain licenses 
for off-premises consumption for up to 2 additional locations other than the 
location of the in-state manufacturer licensed under this section. The holder of the 
licenses is not required to conduct any bottling or production at the additional 
licensed locations but may conduct all activities permitted by this section at the 
additional licensed locations. 
C. To be eligible for a distillery or small distillery license, a person must hold a basic 
permit for distilling, rectifying, blending and bottling spirits from the United States 
Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. 
D. ~ 
Except as otherwise provided in this section, spirits produced by a holder of 
a distillery or small distillery license must be sold to the State and are subject to the 
listing, pricing and distribution provisions of this Title. 
E. A holder of a distillery or small distillery lioense may be issued one lioense under 
ohapter 4 3 per distillery looation for a oonneoted establishment for the sale of liquor to 
be oonsumed on the premises at the distillery. 
(1) For the purposes of this paragraph, "oonnected establishment" means a Class 
fL restaurant or a Class A restaurant/lounge that is ovmed by the holder of the in 
state manufaoturer license. 
(2) All records of the manufacturer license must be kept separate from the records 
of the retail lioensee. 
F. A distillery or small distillery may provide san'lples to the public ofliquors produced 
by the distillery that have been sold to the State in aceordance with paragraph D and 
repurchased by the distillery or small distillery. 
F-1. A distillery or small distillery may sell to the public for on-premises consumption 
cocktails containing samples of spirits produced by the distillery or small distillery 
under the conditions specified in this paragraph. 
(1) A cocktail may be sold only at the manufactming facility where the spirits are 
produced or at an additional location licensed under paragraph B, subparagraph 
(3). 
(2) The distillery or small distillery may include wine or spirits not manufactured 
by the distillery or small distillery as an ingredient in the cocktail only if the 
distillery or small distillery purchased the wine or spirits from an agency liquor 
store licensed as a reselling agent. 
(3) A cocktail may not contain more than 4 1/2 ounces of spirits. 
This paragraph is repealed March 30, 2025. 
G. Notwithstanding paragraph D, a holder of a small distillery license that sells its 
products directly to consumers for off-premises consumption under paragraph B, 
subparagraph (3) eF.,, subsection 2, paragraph C, D or E subsection 2, paragraph I. 
COMMITTEE AMENDMENT 
(f) 
er 
COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( <::r5t 0 
subparagraph ( 4-A) may pay the bureau the difference between the distillery's price 
charged to the bureau and the discounted retail price charged by the bureau under 
section 606, subsection 4-B. A small distillery is not required to transport spirits that 
will be sold for off-premises consumption as described in this paragraph to a warehouse 
operated by the bureau or by a v,rl10lesaler eontraeted by the bureau under seetion 90 
wholesale spirits provider. 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. 
H. Notwithstanding paragraph D, a holder of a small distillery license that sells its 
products or offers complimentary samples of its products directly to consumers for on-
premises consumption under paragraph E-er F-1 or under subsection 2, paragraph B,B 
or F I may pay the bureau the difference between the distillery's price charged to the 
bureau and the discounted retail price charged by the bureau under section 606, 
subsection 4-B. A small distillery is not required to transport spirits that will be sold 
for on-premises consumption as described in this paragraph to a warehouse operated 
by the bureau or by a 1,vholesaler eontraeted by the bureau under seetion 90 the 
wholesale spirits provider. 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. 
I. Notwithstanding any provision of this Title to the eontrary, a distillery or small 
distillery lieensed in aeeordanee v,rith this seetion may sell spirits to be eonsumed off 
the premises under the eonditions speeified in this paragraph if the distillery or small 
distillery is partieipating in a taste testing event under seetion 1052 D. 
(1) The distillery or small distillery may sell only spirits produeed in the State by 
that distillery or small distillery. 
(2) Spirits sold in aeeordanee v1ith this paragraph are subj eet to the listing, prieing 
and distribution provisions of this Title. 
(3) A sale of spirits in aeeordanee v,rith this paragraph must be aeeompanied by a 
sales reeeipt. 
J. A holder of a distillery or small distillery license may produce low-alcohol spirits 
products. 
(1) If a small distillery license holder produces low-alcohol spirits products 
pursuant to this paragraph, the combined total of spirits and low-alcohol spirits 
products produced at the small distillery may not exceed 50,000 gallons per year. 
6. Tenant brewer brewery. Except as otherwise provided, the following provisions 
apply to a tenant brewer brewery license under which the holder of a tenant brewer brewery 
license may produce and bottle malt liquor at the manufacturing facility of another brewer 
brewery. referred to in this subsection as "the !! host brev1er brewery," licensed by the 
bureau under subsection 3. 
COMMITTEE AMENDMENT 
en 
er: 
COMMITTEE AMENDMENT" ,4 "to S.P. 528, L.D. 1643 (::,~51/) 
A. To be eligible for a tenant brewer brewery license, a person must submit an 
application to the bureau in a manner prescribed by the bureau and hold a brewer's 
notice approved issued by the United States Department of the Treasury, Alcohol and 
Tobacco Tax and Trade Bureau, that authorizes a tenant brev,er brewery to use the 
facilities and equipment of a host brewer brewery. If the tenant brewery meets the 
requirements of subsection 3, paragraph B, the application must be accompanied by 
the license fee set forth in section 1551 for a small brewery. If the tenant brewery does 
not meet the requirements of subsection 3, paragraph B, the application must be 
accompanied by the license fee set forth in section 1551 for a brewery. 
B. A tenant brewer brewery is subject to the same requirements regarding production 
of malt liquor and low-alcohol spirits products containing malt liquor as if the tenant 
brewer brewery conducted its manufacturing on its own premises independently. 
C. A tenant brev1er brewery is not eligible for privileges provided in subsection 2 
except for sampling described by paragraph A, subparagraphs (1) and (2). 
D. A tenant brev,rer brewery is governed by the provisions of subsection 3 except for 
the privileges granted under paragraph C. 
E. A tenant brewer brewery may not brew or produce malt liquor or low-alcohol spirits 
products containing malt liquor for another brewer brewery or certificate of approval 
holder. 
F. A tenant brewer brewery shall ensure that the tenant brewer brewery maintains 
control of the raw ingredients used to manufacture the tenant brev.'er's brewery's 
product. 
G-1. Licenses issued under subsection 3 may allow for up to 9 tenant brev,•ers 
breweries at a time at the manufacturing facility of a host brewer brewery. 
H. The bureau may require a tenant bre,;,,•er brewery to maintain a record or log 
indicating which equipment is being used at any time by the tenant brewer brewery in 
the production of malt liquor or low-alcohol spirits products containing malt liquor and 
which employees are working on production of the tenant brev,rer' s brewery's product. 
I. The bureau shall require that reports from a tenant brewer brewery be submitted in 
a manner similar to the manner in which a brev1er brewery licensed under subsection 
submits reports. The bureau shall also require a tenant bre,ver brewery to submit 
copies of reports required of holders of an approved brewer's notice issued by the 
United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau 
authorizing the tenant brewer brewery to engage in an alternating proprietorship. 
7. Tenant winery. Except as otherwise provided, the following provisions apply to a 
tenant winery license under which the holder of a tenant winery license may produce and 
bottle wine at the manufacturing facility of another winery, referred to in this subsection as 
"the!! host winery," licensed by the bureau under subsection 4. This subsection applies to 
hard cider produced by a manufacturer licensed as a winery or small winery under 
subsection 4. 
A. To be eligible for a tenant winery license, a person must submit an application to 
the bureau in a manner prescribed by the bureau and hold an approved application for 
an alternating proprietorship issued by the United States Department of the Treasury, 
Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant winery to use the 
COMMITTEE AMENDMENT 
Cl) 
iy: 
( 
COMMITTEE AMENDMENT" A" to S.P. 528, L.D. 1643 ( §-57/) 
facilities and equipment of a host winery. If the tenant winery meets the requirements 
of subsection 4, paragraph B, the application must be accompanied by the license fee 
set forth in section 1551 for a small winery. If the tenant winery does not meet the 
requirements of subsection 4, paragraph B, the application must be accompanied by 
the license fee set forth in section 1551 for a winery. 
B. A tenant winery is subject to the same requirements regarding manufacture of its 
product as if the tenant winery conducted its manufacturing on its own premises 
independently. 
C. A tenant winery is not eligible for privileges provided in subsection 2 except for 
sampling described by paragraph A, subparagraphs (1) and (2). 
D. 
A tenant winery may not produce wine or hard cider for another winery or 
certificate of approval holder. 
E. A tenant winery shall ensure that the tenant winery maintains control of the raw 
ingredients used to manufacture the tenant winery'o product wine or hard cider. 
F. A license issued under subsection 4 may allow for up to 9 tenant wineries at a time 
at the manufacturing facility of a host winery. 
G. The bureau may require a tenant winery to maintain a record or log indicating which 
equipment is being used at any time by the tenant winery in the production of wine or 
hard cider and which employees are working on production of the tenant winery's 
product. 
H. The bureau shall require that reports from a tenant winery be submitted in a manner 
similar to the manner in which a winery licensed under subsection 4 submits reports. 
The bureau shall also require a tenant winery to submit copies of reports required of 
holders of an approved application issued by the United States Department of the 
Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant winery 
to engage in an alternating proprietorship.' 
Amend the bill in section 232 in subsection 3 in paragraph E in the first line (page 77, 
line 31 in L.D.) by striking out the following: "Wine or malt liquor" and inserting the 
following: 'Malt liquor or wine' 
Amend the bill in section 255 in § 1504 in the first indented paragraph in the first 2 
lines (page 82, lines 29 and 30 in L.D.) by striking out the following: "manufacturer or 
spirits" and inserting the following: 'manufacturer or' 
Amend the bill by striking out all of section 259 and inserting the following: 
'Sec. 259. 28-A MRSA §1652, sub-§4, as amended by PL 2013, c. 368, Pt. XXXX, 
§8 and affected by § 13, is further amended to read: 
4. Excise tax accounts and adjustments. The bureau shall open an excise tax account 
with all manufacturers, each wholesale licensees licensee and each certificate of approval 
holders holder and make the following adjustments when appropriate. As used in this 
subsection, "certificate of approval holder" means an in-state manufacturer of malt liquor, 
wine or low-alcohol spirits products licensed under section 1355-A or an out-of-state 
manufacturer of or out-of-state wholesaler of malt liquor, wine or low-alcohol spirits 
products that has been issued a certificate of approval under section 1361. 
COMMITTEE AMENDMENT 
CJ) 
l:Y'. 
COMMITTEE AMENDMENT" ft" to S.P. 528, L.D. 1643 (S-51/) 
A. The bureau may grant credits and make tax adjustments that it determines the 
wholesale licensee or certificate of approval holder is entitled to upon the filing of 
affidavits in the form prescribed by the bureau. 
B. The bureau shall refund all excise tax paid by the wholesale licensee or certificate 
of approval holder on all malt liquor eF.,_ wine caused to be destroyed by a supplier or 
low-alcohol spirits products that have been destroyed as long as the quantity and size 
are verified by the bureau and the destruction is witnessed by an authorized 
representative of the bureau. 
C. If a wholesale licensee's inventories are destroyed by fire, flood or other natural 
disaster, the bureau may refund the excise tax on the wholesale licensee's inventories. 
D. Any wholesale licensee selling malt liquor eF.,_ wine or low-alcohol spirits products 
to an instrumentality, a licensee for resale to an airline, a training site or a ship chandler 
shall present proof of that sale to the bureau. The bureau shall grant to the wholesale 
licensee a credit of all state excise tax paid in connection with that sale under the 
following conditions. 
(1) The bureau shall grant a credit for the excise tax on malt liquor eF.,_ wine or 
low-alcohol spirits products sold by wholesale licensees to any instrumentality of 
the United States or any Maine National Guard state training site exempted by the 
bureau. 
(2) The bureau shall grant a credit for the excise tax on malt liquor eF.,_ wine or 
low-alcohol spirits products sold to any ship chandler as long as the malt liquor 
and.,_ wine and low-alcohol spirits products are resold to vessels of foreign registry 
for consumption after that vessel has left port or are resold for consumption on 
board vessels of United States registry that are destined for a foreign port. 
(3) The bureau shall grant a credit for the excise tax on malt liquor and table.,_ wine 
and low-alcohol spirits products sold to a licensee registered with the bureau for 
resale to licensed airlines or to unlicensed airlines for their international flights.' 
Amend the bill by striking out all of section 264 and inserting the following: 
'Sec. 264. 28-A MRSA §2073-C is enacted to read: 
§2073-C. Importation of malt liquor, wine or low-alcohol spirits products 
1. Prohibition. Except as provided in subsection 2, section 1403-A or section 2073-E, 
a person may not transport malt liquor, wine or low-alcohol spirits products into the State 
or cause malt liquor, wine or low-alcohol spirits products to be transported into the State. 
2. Exceptions. Notwithstanding subsection 1, a person may transport malt liquor, 
wine or low-alcohol spirits products into the State or cause malt liquor, wine or low-alcohol 
spirits products to be transported into the State in the following circumstances. 
A. An individual may transport into the State up to 400 fluid ounces of malt liquor, up 
to 4 liters of wine and up to 4 liters of low-alcohol spirits products for the individual's 
personal use. 
B. Upon application, the bureau may grant a permit to an individual authorizing the 
individual to transport into and within the State more than 400 fluid ounces of malt 
COMMITTEE AMENDMENT 
Cf) 
Y: 
COMMITTEE AMENDMENT" f1 "to S.P. 528, L.D. 1643 (S-51') 
liquor, more than 4 liters of wine or more than 4 liters of low-alcohol spirits products 
for the individual's personal use. 
C. A licensed in-state small brewery, a licensed in-state small winery and a wholesale 
licensee may transport malt liquor or wine into the State or may cause malt liquor or 
wine to be transported into the State by an out-of-state manufacturer of malt liquor or 
wine that has been issued a certificate of approval, an out-of-state wholesaler that has 
been issued a certificate of approval or a common carrier or contract carrier authorized 
by the Department of Public Safety. Each shipment of malt liquor or wine transported 
into the State in accordance with this paragraph must be accompanied by an invoice 
that includes the purchase number and the names of the sender and the licensed in-state 
small brewery, licensed in-state small winery or wholesale licensee that is the intended 
recipient of the malt liquor or wine. 
3. Penalties. The following penalties apply to violations of this section. 
A. A person that transports into the State or that causes to be transported into the State 
a quantity of less than 1,300 fluid ounces of malt liquor, less than 40 liters of wine or 
less than 40 liters of low-alcohol spirits products in violation of this section commits a 
civil violation for which a fine of not more than $500 may be adjudged. 
B. A person that transports into the State or that causes to be transported into the State 
a quantity of 1,300 or more fluid ounces of malt liquor, 40 or more liters of wine or 40 
or more liters of low-alcohol spirits products in violation of this section commits a 
Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, 
subsection 4-A. 
4. Evidence. The possession of more than 800 fluid ounces of malt liquor, more than 
liters of wine or more than 8 liters of low-alcohol spirits products in one or more 
containers that are not labeled in accordance with Title 3 8, section 3105 is prima facie 
evidence of a violation of this section. 
5. Forfeiture. Notwithstanding section 2221-A, a court shall order malt liquor, wine 
or low-alcohol spirits products transported or caused to be transported into the State in 
violation of this section to be forfeited to the State and disposed of as provided in section 
2229: 
A. If a person fails to appear in court either in person or by counsel on the date and 
time specified in response to a Uniform Summons and Complaint issued for a violation 
of this section; or 
B. As part of every adjudication and imposition of a fine under subsection 3, paragraph 
A and every conviction under subsection 3, paragraph B.' 
Amend the bill by striking out all of section 265 and inserting the following: 
'Sec. 265. 28-A MRSA §2073-D is enacted to read: 
§2073-D. In-state transportation of malt liquor, wine or low-alcohol spirits products 
1. Prohibition. Except as provided in subsection 2 and section 2073-E, a person may 
not transport within the State more than 400 fluid ounces of malt liquor, more than 4 liters 
of wine and more than 4 liters of low-alcohol spirits products unless the malt liquor, wine 
or low-alcohol spirits products were legally purchased from: 
COMMITTEE AMENDMENT 
Cf) 
':t: 
COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( S--St 1) 
A. An off-premises retail licensee; 
B. An in-state manufacturer authorized under section 1355-A to sell malt liquor, wine 
or low-alcohol spirits products for off-premises consumption: or 
C. A direct shipper licensed under section 1403-A. 
2. Exceptions. Notwithstanding subsection 1, a person may transport malt liquor, 
wine or low-alcohol spirits products within the State in the following circumstances. 
A. An individual may transport within the State malt liquor. wine or low-alcohol spirits 
products in accordance with a permit issued under section 2073-C. subsection 2. 
paragraph B. 
B. A person may transport malt liquor or wine the person transported into the State 
pursuant to section 2073-C, subsection 2, paragraph C. 
C. A licensed in-state manufacturer of malt liquor. wine or low-alcohol spirits products 
may transport malt liquor. wine or low-alcohol spirits products produced by the 
manufacturer or may cause a common carrier or contract carrier authorized by the 
Department of Public Safety to transport malt liquor, wine or low-alcohol spirits 
products produced by the manufacturer to: 
(1) A bottler or rectifier licensed under section 1355-A: 
(2) A wholesale licensee; 
(3) Any location to which the licensed in-state manufacturer is authorized to 
transport its own products under section 1355-A: 
(4) A warehouse operated by the licensed in-state manufacturer; or 
(5) The state line for transportation outside the State. 
D. 
A wholesale licensee may transport malt liquor, wine or low-alcohol spirits 
products to an on-premises or off-premises retailer of malt liquor or wine in accordance 
with sections 713 and 1401. 
Each shipment of malt liquor. wine or low-alcohol spirits products transported within the 
State in accordance with paragraph B, C or D must be accompanied by an invoice that 
includes the purchase number and the names of the sender and intended recipient of the 
malt liquor, wine or low-alcohol spirits products. 
3. Penalties. The following penalties apply to violations of this section. 
A. A person that transports within the State less than 1,300 fluid ounces of malt liquor, 
less than 40 liters of wine or less than 40 liters of low-alcohol spirits products in 
violation of this section commits a civil violation for which a fine of not more than 
$500 may be adjudged. 
B. A person that transports within the State 1,300 or more fluid ounces of malt liquor, 
or more liters of wine or 40 or more liters oflow-alcohol spirits products in violation 
of this section commits a Class E crime, which is a strict liability crime as defined in 
Title 17-A, section 34, subsection 4-A. 
4. Evidence. The possession of more than 800 fluid ounces of malt liquor, more than 
liters of wine or more than 8 liters of low-alcohol spirits products in one or more 
COMMITTEE AMENDMENT 
en 
~ 
COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( 0-51 t) 
containers that are not labeled in accordance with Title 3 8. section 3105 is prima facie 
evidence of a violation of this section. 
5. Forfeiture. Notwithstanding section 2221-A. a court shall order malt liquor. wine 
or low-alcohol spirits products transported within the State in violation of this section to be 
forfeited to the State and disposed of as provided in section 2229: 
A. If a person fails to appear in court either in person or by counsel on the date and 
time specified in response to a Uniform Summons and Complaint issued for a violation 
of this section: or 
B. As part of every adjudication and imposition of a fine under subsection 3, paragraph 
A and every conviction under subsection 3, paragraph B.' 
Amend the bill by inserting after section 279 the following: 
'Sec. 280. 28-A MRSA §2519, sub-§2, ,ill, as amended by PL 1995, c. 140, §8, is 
further amended to read: 
B. A liquor enforcement officer inspector;' 
Amend the bill by inserting after section 280 the following: 
'Sec. 281. Construction. The Maine Revised Statutes, Title 28-A, section 2, 
subsections 29 and 29-B, as amended by this Act, may not be construed to affect the current 
practice by which some breweries and small breweries enter contracts with other breweries 
to produce a portion of their malt liquor products. 
Sec. 282. 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 regarding any appropriate parameters for contract brewing by 
licensed in-state breweries and small breweries and the minimum on-site production 
requirements, if any, that should be imposed on in-state manufacturers of liquor as a 
requirement of licensure under the Maine Revised Statutes, Title 28-A, section 1355-A. In 
preparing the report, the bureau shall consult with relevant stakeholders in the industry, 
including representatives of a statewide association of breweries and small breweries and 
a statewide association of wholesale licensees of malt liquor. The committee is authorized 
to 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 makes the following changes to the bill. 
1. It modifies the language within the definitions of "brewery," "small brewery," 
"distillery" and "small distillery" describing the type of liquor production in which such 
manufacturers engage to more closely align with the language used to describe those 
activities in current law. It also removes from the definitions of "brewery," "small 
brewery," "winery" and "small winery" reference to the authority of such manufacturers to 
bottle their products in containers and adds that authority to the relevant portions of the 
statute governing the authorized activities of licensed in-state liquor manufacturers. It 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( 7::i' St 0 
defines "bottle," when used as a verb in the State's liquor laws, to mean packaging spirits, 
wine or malt liquor for sale in containers. 
2. It states that the language of the amended definitions of "brewery" and "small 
brewery" may not be construed to affect the practice by which breweries and small 
breweries currently enter contracts with other breweries to produce a portion of their malt 
liquor products. In addition, it directs the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations to study the issues of 
contract brewing and minimum in-state manufacturer production requirements, in 
consultation with representatives of a statewide association of breweries and small 
breweries and a statewide association of wholesale licensees of malt liquor, and to submit 
a report to the joint standing committee of the Legislature having jurisdiction over alcoholic 
beverages matters on these topics by January 15, 2023. The committee may submit 
legislation related to the report to the 131 st Legislature in 2023. 
3. It clarifies within the definitions of "malt liquor" and "wine" that liquor that is 
produced by the fermentation of malt, substitutes for malt and other nonbeverage 
ingredients, including fruit concentrate, is considered malt liquor and not wine. It also adds 
a definition of "substitute for malt." 
4. It adds pickleball to the list of racquet sports offered at licensed indoor racquet 
centers. 
5. It moves the definition of "business entity," a phrase used in several provisions of 
the Maine Revised Statutes, Title 28-A, from Title 28-A, section 707 to the general 
definitions section for the Title. 
6. The bill changes from a certificate of approval to a license the authority required by 
the operator of a special warehouse storage facility in the State. The amendment clarifies 
within other provisions of Title 28-A referencing the operators of such facilities that they 
are licensees and not certificate of approval holders. 
7. It changes the term "liquor enforcement officer" where used in Title 28-A to "liquor 
inspector," which is the current term for the position. 
8. It clarifies that the authority of the District Court to suspend or revoke the licenses 
of both a mobile service bar and of the underlying golf course, disc golf course, Class A 
restaurant, Class A restaurant/lounge or Class I hotel license and any other licenses held by 
the mobile service bar licensee for a violation occurring at the mobile service bar is an 
exception to the general rule that license suspensions apply only to the specific premises 
where a violation occurs. 
9. It clarifies that, to be eligible for a brewery, small brewery, winery or small winery 
license, a person must first hold a brewer's notice to produce malt liquor or hold a basic 
permit for producing wine from the United States Department of the Treasury, Alcohol and 
Tobacco Tax and Trade Bureau. 
10. It clarifies that income from the sale of an in-state manufacturer's liquor for off-
premises consumption at its one location licensed pursuant to Title 28-A, chapter 43 is not 
included when calculating whether the manufacturer has satisfied any applicable income 
from the sale of food requirement that is a condition of the license for the one location 
licensed pursuant to Title 28-A, chapter 43. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 528, L.D. 1643 ( S--57 0 
11. It clarifies that a small distillery may self-distribute its spirits products to be sold 
for both on-premises and off-premises consumption at its one location licensed pursuant to 
Title 28-A, chapter 43. 
12. It clarifies that wholesale licensees are entitled to excise tax credits for low-alcohol 
spirits products to the same extent that wholesale licensees are entitled to excise tax credits 
for malt liquor or wine if the malt liquor, wine or low-alcohol spirits products are destroyed 
by the bureau; destroyed by fire, flood or other natural disaster; sold to an instrumentality 
of the United States or a National Guard state training site exempted by the bureau; sold to 
a licensee registered with the bureau for resale to airlines for international flights; or sold 
to a ship chandler for resale to vessels of foreign registry or vessels of domestic registry 
that are destined for a foreign port. 
13. It authorizes the importation into and transportation within the State of low-alcohol 
spirits products for personal use in the same volume that wine may be imported into and 
transported within the State for personal use. 
14. It incorporates the changes to Title 28-A made by Public Law 2021, chapter 76; 
Public Law 2021, chapter 91; Public Law 2021, chapter 514; and Public Law 2021, chapter 
and makes other minor, technical corrections to the bill and to Title 28-A. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/17 /22 ;'!:Pae:. 
LD 1643 
LR452(02) 
An Act To Correct Errors, Inconsistencies and Conflicts in and To Revise the State's Liquor Laws 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '1r" 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
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Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of 
Administrative and Financial Services from the provisions in this bill are expected to be minor and can be absorbed 
within existing budgeted resources. 
LR0452(02) - Fiscal Note - Page 1 of 1