An Act to Update and
Maine Legislature, Session 132, LD 0494
Committee Amendment CA_A_H328 (House)
Amends: 28-A MRSA §707, 28-A MRSA §707-B, 28-A MRSA §709, 28-A MRSA §710

FmST SPECIAL SESSION
COMMITTEE AMENDMENT "^ " to H.P 323 L.D 494, "An Act to Update and
Clarify Certain Provisions of State Liquor and Lottery Laws"
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain provisions in this legislation relate to businesses that cater to
tourists, and the Legislature recognizes that the tourism season is cmcial for the State's
economy and public well-being; and
Whereas, the tourism season, which brings millions of visitors and significant
revenue to the State, relies on a regulated and enjoyable environment, including accessible
and responsible alcohol sales; and
Whereas, for these reasons, this legislation needs to take effect before the expiration
of the 90-day period; and
Whereas, m the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the followmg legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore;
Amend the bill in Part A by mserting after section 7 the following:
'Sec.A-8. 28-AMRSA§708,sub-§6,asamendedbyPL2017,c. 153, §1, is further
amended to read:
6. Marketing and mail-in promotions. Upon approval by the commission,
promotional materials designed to encourage a consumer to purchase a spirits product to
be attached to or displayed near the spirits product where it is offered for sale for off-
premises consumption may be offered by those whose spirits products are listed by the
commission. Upon approval by the commission, a mail-in rebate may be provided to
consumers through print or electronic media, attached to the spirits product or displayed
COMMITTEE AMENDMENT
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COMMOTEE AMENDMENT " ^ to H.P. 323, L.D. 494
near the spirits product where the spirits product is offered for sale for off-premises
consumption. Mail-in rebates approved by the commission must be redeemed by the
manufacturer and not by the retail licensee and may not exceed the purchase price of the
spirits product. Mail-in rebates authorized by this subsection must require the inclusion of
the original dated sales receipt for the spirits product to which the rebate is applied. The
commission may approve mail-in rebates that offer an incrementally greater discount based
upon increased volume of purchased product. Mail-in rebates, certificates or merchandise
included with a spirits product must be inserted in the package or attached to the package
by the manufacturer or manufacturer's designated broker.'
Amend the bill in Part A by striking out all of section 19.
Amend the bill in Part C by striking out all of section 1 and inserting the following:
'See. C-l. 28-A MRSA §707, sub-§2, as amended by PL 1993, c. 730, §30, is
further amended to read:
2. Licensee must may not receive nnythine of value or eive things of value. Ne A.
licensee or applicant for a license may not receive, directly or indirectly, any monoy, credit,
thing of value from any person within or without the State, cash or gift cards. indorsement
of commercial paper, guarantee of credit or financial assistance of any sort from any person
within or without the State or things of value aggregating in an amount that exceeds $750
annually, if the person is:
A. Engaged, directly or indirectly, in the manufacture, distribution, wholesale sale,
storage or transportation of liquor; or
B. Engaged in the manufacture, distribution, sale or transportation of any commodity,
equipment, material or advertisement used in connection with the manufacture,
distribution, wholesale sale, storage or transportation of liquor.
The bureau may not impose a limit on the amount of things of value that are in use by or
in the possession of a licensee at any one time. as lone as the things of value were given to
a licensee within the annual limits established by this subsection.
A licensee may not give things of value with the intent to induce a retailer to purchase
liquor from the licensee to the exclusion, in whole or in part. of liquor offered for sale by
other persons.
Nothing in this This subsection prevents does not prevent an affiliate of a licensee from
receiving money for sponsorship of a transportation system for transporting the public or
for sponsorship of specific sporting events and cultural events as long as the licensee does
not receive any payment or thing of value from the public transportation system or the
sportmg and cultural events and as long as such an affiliate does not derive any portions of
its revenues from the licensee. All sponsorships must have prior written approval of the
bureau. The bureau shall adopt rules implementing this paragraph.'
Amend the bill in Part C m section 2 in subsection 7 in paragraph C in the last line
(page 7, line 31 in L.D.) by strildng out the following: "or"
Amend the bill in Part C in section 2 in subsection 7 in paragraph D in the last line
(page 7, line 34 in L.D.) by striking out the following: ".," and inserting the following:': or'
Amend the bill in Part C in section 2 in subsection 7 by inserting after paragraph D the
following:
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COMMITTEE AMENDMENT "A." to H.P. 323, L.D, 494
<A><
'E, A wholesale licensee or certificate of approval holder, includine on behalf of a
brand fhe wholesale licensee or certificate of aooroval holder supplies or manufactures.
from entering into a written agreement yader section 707-B with an eligible licensee
for:
d) The purchase of advertisme space or time on or within the licensed premises.
iucludine. but not limited to. chvsical simage. digital media and naming rights to
portions of the venue;
(2) The sponsorship ofeyents^eYenLs_eries or^designated^ areas within the venue.
includine lounges, beverage stations and hospitality zones; and
(3) The co-branding or cross-promotion of events in conjunction with the licensee,
as Ions ^c^^ or cross-Dromotion does not result in direct or indirect
control over the operations of die licensee.
Amend the bill by inserting after section 3 the following:
'Sec.C-4. 28-A MRSA §707-B is enacted to read:
S707-B. Advertisioe and sponsorship agreements at licensed venues
1. Definitions. For the purposes of this section, unless the context otherwise indicates.
the following terms have the followme meanines,
A, _"Brand" means aBrQduct_name of malt liquor, wine or spirit authorized for sale in
the State by a certificate of approval holder or wholesaler,
B. "Venue" means the licensed premises of an auditorium, civic auditQrium, outdoor
stadium or performing arts center,
2. Adyertisine n ermitted. Notwithstandine any orovisionjsf this Title_to the _CQntrarv»
a wholesale licensee or certificate of approval holder, including on behalf of a brand the
wholesale licensee or certificate of approval holder supplies or manufactures, may engage
in advertisme or sponsorshit) activities with a licensee described m^ybsection^
the conditions and limitations set forth in this section.
3. Elieible Ucensees, This sectiQ^^ to avenueUcensee^u^^^ 1070.
4. Permitted activities. A, wholesale licensee or certificate of approval holder,
includmg on behalf of a brand the wholesale licensee or certificate of approval holder
supnlies or manufactures, may enter mto a written agreement with an elieible licensee in
accordance with subsection 5 for:
A, The purchase of advertising space or tune on or widiin the licensed premises^
includme. but not limited to. Dhvsical sienaee. disital media and naming rights to
portions of the venue;
B. The sponsorship of events, event series or desienated areas within the venue,
including lounges, beveraee stations and hospitality zones; and
C. The co-branding or cross-Dromotion of events in conjunction with the licensee, as
lone as the co-brandine or cross-promotion does not result in direct or mdirect control
over the operations of the licensee,
5. Conditions of authorization. A written agreement under subsection 4Js permitted
only if:
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COMMnTEE AMENDMENT " h " to H.P. 323, L.D. 494
A. The agreement is in writing and retaiued by the licensee and made available to the
bureau upon request;
B. The written agreement is not conditioned upon the purchase, placement, promotion
or exclusion of a particular brand or product by the licensee:
C. The wholesale licensee or certificate of approval holder, includine on behalf of a
brand the wholesale licensee or certificate of approval holder supplies or manufactures.
does not exert, or attempt to exert, control over the retail oneratious. rmrchasinR
decisions or beverage menu of the licensee:
D. The written agreement comulies with federal law; and
E. The written, agreement does not result in the exclusion, in whole or iujsarJL of
another persons uroduct.
6. Reoortine. A licensee that enters into an agreement authorized by this section shall:
A. Submit to the bureau, upon request, a list of all agreements_entered into pursuanLto
this section;
B, Retain a copy of the written agreement for a period of not less than 3 years and
make the agreement available to the bureau;
C. Annually post a notice indicating that advertising and sponsorship opportunities are
generallY availaUe to^^^^a or certificate of approval holder and the
brands the wholesale licensee or certificate of awroval holder supplies or
manufactures: and
D. Provide to the bureau, upon license renewal, a list of the licensee's sponsors.
Sec. C-5. 28-A MRSA §709, sub-§l, ^A, as amended by PL 2019, c. 404, §14, is
further amended by amending subparagraph (2) to read:
(2) Deliver more than 4 1/2 ounces of spirits over 15% alcohol by volume, a carafe
containing more than one liter or 33.8 ounces of wine or any serving or pitcher
containing more than one liter or 33.8 ounces of malt liquor to one person at one
time;
Sec. C-6. Effective date. That section of this Part that amends the Maine Revised
Statutes, Title 28-A, section 707, subsection 2 takes effect January 1, 2026.'
Amend the bill in Part D by striking out all of section 1 and inserting the following:
'See. D-l. 28-AMRSA§710, sub-§l, as amendedbyPL2019, c. 404, §15,is
further amended by repealing the first blocked paragraph.
Sec. D-2. 28-A MRSA §710, sub-§2, as amended by PL 1987, c. 342, §46, is
repealed.'
5 Amend the bill by adding before the summary the following:
'Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved,'
8 Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " A " to H.P. 323. L.D. 494
"/^"'
SUMMARY
This amendment adds an emergency preamble and emergency clause to the bill. The
amendment allows a manufacturer's designated broker to place mail-in rebates on spirits
products.
The amendment clarifies that, beginning January 1,2026, a licensee or an applicant for
a license may not receive, directly or indirectly, cash or gift cards in any amount. The
amendment also prohibits the Department of Administrative and Financial Services,
Bureau of Alcoholic Beverages and Lottery Operations from imposing a limit on the
amount of things of value that are in use by a licensee at any one time, as long as the thing
of value was given to a licensee in accordance with the law,
The amendment allows a wholesale licensee or certificate of approval holder, includmg
on behalf of a brand the wholesale licensee or certificate of approval holder supplies or
manufactures, to enter into advertising and sponsorship agreements with licensed venues,
The amendment defines "brand" as a product name of malt liquor, wine or spirit authorized
for sale in the State by a wholesale licensee or certificate of approval holder. The
amendment authorizes naming rights, event sponsorships and co-branded promotions
under specified conditions, including reporting requirements, written agreements and
safeguards to ensure availability of competing products,
The amendment amends, rather than repeals as proposed in the bill, the section of law
governing signage restrictions for liquor licensees,
The amendment clarifies the ability for restaurants to serve canned cocktails.
FISCAL NOTE REQmRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05/06/25 t-KL-
LD 494 LR 237(02)
An Act to Update and Clarify Certain Provisions of State Liquor and Lottery Laws
Fiscal Note for Bill as Amended by Committee Amendment 'jfilj
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Revenue
Other Special Revenue Funds $32,160 $32,160 $32,160 $32,160
Fiscal Detail and Notes
The bill includes an ongoing annual revenue increase to the Department of Health and Human Services of $32,160
beginning in fiscal year 2025-26 from an increase in off-premises catering licenses obtained by restaurants and
associated license fee revenue.
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of
Administrative and Financial Services from the provisions of this bill are expected to be minor and can be absorbed
within existing budgeted resources.
LR0237(02) - Fiscal Note - Page 1 of 1