An Act Regarding Spirits Price Regulation
Maine Legislature, Session 131, LD 2014
Committee: Veterans and Legal Affairs
Amends: 28-A MRSA §83-C

Legislative Document
No. 2014
S.P. 836
In Senate, June 22, 2023
An Act Regarding Spirits Price Regulation
Reported by Senator HICKMAN of Kennebec for the Joint Standing Committee on 
Veterans and Legal Affairs pursuant to Public Law 2021, chapter 622, section 6.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed 
pursuant to Joint Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §83-C, sub-§2, as amended by PL 2021, c. 658, §54, is further 
amended to read:
2.  Price regulation.  Make recommendations to the commission regarding the retail 
prices of spirits sold in the State and establish Establish the wholesale and retail prices of 
spirits sold in this State.  The bureau shall adopt rules regarding the wholesale pricing of 
spirits and the retail pricing of spirits sold to by agency liquor stores.  The wholesale spirits 
provider is granted the privilege to distribute spirits under this Title and is immune from 
antitrust action so long as the wholesale spirits provider is in compliance with the bureau's 
rules and all other applicable laws and regulations;. Rules adopted pursuant to this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
In adopting rules establishing prices under this subsection, the bureau shall:
A.  Seek to ensure the bureau receives sufficient, but not excessive, revenues to meet 
the requirements of this Title;
B.  Seek to ensure equitable prices for similar products across product price and bottle 
size;
C.  Seek to ensure equitable price markups based on product price or bottle size; and
D.  Seek to avoid disproportionate impacts on spirits suppliers and agency liquor stores 
due to product price or bottle size;
SUMMARY
This bill is reported out by the Joint Standing Committee on Veterans and Legal Affairs 
pursuant to Public Law 2021, chapter 622. 
The bill removes the provision in current law directing the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations to make recommendations to the State Liquor and Lottery Commission 
regarding the retail prices of spirits sold in the State and instead requires the bureau to 
establish the wholesale and retail prices of spirits sold in this State through major 
substantive rulemaking. The rulemaking must:
1.  Seek to ensure the bureau receives sufficient, but not excessive, revenues to meet 
the requirements of the Maine Revised Statutes, Title 28-A;
2.  Seek to ensure equitable prices for similar products across product price and bottle 
size;
3.  Seek to ensure equitable price markups based on product price or bottle size; and
4.  Seek to avoid disproportionate impacts on spirits suppliers and agency liquor stores 
due to product price or bottle size.
The committee has not taken a position on the substance of this bill. By reporting this 
bill out, the committee is not suggesting and does not intend to suggest that it agrees or 
disagrees with any aspect of this bill. The committee is reporting the bill out for the sole 
purpose of having a bill printed that can be referred to the committee for an appropriate 
public hearing and subsequent processing in the normal course. The committee is taking 
this action to ensure clarity and transparency in the legislative review of the proposals 
contained in the bill.