An Act to Expand the Number of On-premises Retail Liquor
Maine Legislature, Session 132, LD 1456
Committee: Veterans and Legal Affairs
Sponsors: DAUGHTRY
Amends: 28-A MRSA §1355-A, 36 MRSA §1811

Legislative Document
No. 1456
S.P. 597
In Senate, April 3, 2025
An Act to Expand the Number of On-premises Retail Liquor 
Licenses a Liquor Manufacturer May Be Issued
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President DAUGHTRY of Cumberland.
Cosponsored by Senator: TIMBERLAKE of Androscoggin, Representatives: MALON of 
Biddeford, RIELLY of Westbrook, SHAGOURY of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §1355-A, sub-§1, as amended by PL 2021, c. 658, §226, is 
further amended to read:
1.  Issuance of licenses.  The bureau may issue licenses under this section to breweries, 
small breweries, tenant breweries, wineries, small wineries, tenant wineries, distilleries, 
small distilleries, bottlers and rectifiers in the State that operate under federal law and 
federal supervision.
Sec. 2.  28-A MRSA §1355-A, sub-§1-A, as enacted by PL 2021, c. 658, §226, is 
amended to read:
1-A.  Definition.  For purposes of this section, "manufacturing facility" means the 
premises of a brewery, small brewery, tenant brewery, winery, small winery, tenant winery, 
distillery or small distillery licensed under this section where liquor products are produced.
Sec. 3.  28-A MRSA §1355-A, sub-§2, as amended by PL 2021, c. 658, §226, is 
further amended to read:
2.  Manufacturers other than bottlers and rectifiers.  The following provisions 
apply to brewery, small brewery, tenant brewery, winery, small winery, tenant winery, 
distillery and small distillery licensees.
A.  A licensee governed by this subsection may permit sampling of a 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 licensee pays the excise tax on the product sampled 
according to section 1652.
B.  A licensee governed by this subsection may serve to the public samples of liquor 
produced by the licensee at the 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 36, 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.
D.  A licensee governed by this subsection may sell for off-premises consumption 
liquor produced by the licensee from the manufacturing facility where liquor is 
produced by the licensee under the conditions specified in this paragraph.
(1)  Sales made in accordance with this paragraph do not require the licensee 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 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 as the area licensed for on-premises consumption of liquor 
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.
I.  A licensee governed by this subsection may be issued one or more on-premises retail 
license licenses under chapter 43 per licensed manufacturing facility under the 
conditions specified in this paragraph. An 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 licensee and the on-premises retail licensee licensed 
under chapter 43.
(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 If a person or persons hold a majority 
ownership interest in one manufacturing licensee, the person or persons may hold 
no less than a majority ownership interest in up to 3 retail licensees licensed under 
chapter 43. If a person or persons hold a majority ownership interest in at least 2 
manufacturing licensees that, collectively, manufacture at least 1,000 barrels of 
liquor per year, the person or persons may hold no less than a majority ownership 
interest in up to 6 on-premises retail licensees licensed under chapter 43. A person 
or persons with a majority ownership interest in one or more manufacturing 
licensees may not hold an ownership interest in more than 6 on-premises retail 
licensees licensed under chapter 43.
(2)  The A retail license issued under chapter 43 authorizes the sale for on-premises 
consumption of products produced at the manufacturing facility as well as other 
liquor permitted to be sold under the applicable class of the retail license.
(2-A)  Liquor sold under a retail license 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 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 a 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 a 
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)  Spirits sold under the authority of the a 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 a 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 premises of the 
manufacturing facility or the a 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 a location where the licensee is authorized by 
this section to sell its products for on-premises consumption or for off-premises 
consumption.
K.  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)  Another manufacturing facility  licensed under this section if the same person 
or persons hold a majority ownership interest in both of the licensed manufacturing 
facilities; and
(2)  An establishment licensed for retail sales operated by the licensee 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.
Sec. 4.  36 MRSA §1811, sub-§1, ¶D, as amended by PL 2023, c. 643, Pt. H, §23 
and affected by §29 and amended by c. 673, §22 and affected by §28, is further amended 
by amending subparagraph (2) to read:
(2)  Eight percent on the value of liquor sold in licensed establishments as defined 
in Title 28‑A, section 2, subsection 15, in accordance with Title 28‑A, chapter 43 
and liquor sold for on-premises consumption by a licensed brewery, small brewery, 
tenant brewery, winery, small winery, tenant winery, distillery or small distillery 
pursuant to Title 28‑A, section 1355‑A, subsection 2, paragraph B;
SUMMARY
This bill expands from one to 3 the number of on-premises retail liquor licensees a 
person or persons who hold a majority ownership interest in a manufacturing licensee may 
hold no less than a majority ownership interest in. The on-premises retail locations may be 
at the manufacturing facility or other locations. If a person or persons hold a majority 
ownership interest in 2 or more manufacturing licensees that collectively manufacture at 
least 1,000 barrels per year, the person or persons may hold no less than a majority 
ownership interest in up to 6 on-premises retail licensees.  The bill limits a person or 
persons who hold a majority ownership interest in one or more manufacturing licensees to 
holding an ownership interest in no more than 6 on-premises retail licensees. The bill also 
adds tenant breweries and tenant wineries to the provision of law requiring on-premises 
liquor sales to be charged sales tax at the rate of 8%.