An Act to Update and Clarify Certain Provisions of State Liquor
Maine Legislature, Session 132, LD 0494
Sponsors: SUPICA
Amends: 28-A MRSA §2, 28-A MRSA §10, 28-A MRSA §13, 28-A MRSA §453-C, 28-A MRSA §462, 28-A MRSA §709, 28-A MRSA §1012, 28-A MRSA §1052, 28-A MRSA §1061, 28-A MRSA §1068, 28-A MRSA §1069-A, 28-A MRSA §1070, 28-A MRSA §1074, 28-A MRSA §1402, 8 MRSA §372, 28-A MRSA §84, 28-A MRSA §707, 28-A MRSA §710

Legislative Document
No. 494
H.P. 323
House of Representatives, February 11, 2025
An Act to Update and Clarify Certain Provisions of State Liquor 
and Lottery Laws
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Received by the Clerk of the House on February 6, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative SUPICA of Bangor.
Cosponsored by Representatives: DOUDERA of Camden, GUERRETTE of Caribou.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  28-A MRSA §2, sub-§15, ¶N-2 is enacted to read:
N-2.  "Purveyor of spirits" means an agency liquor store licensed by the bureau under 
section 462 to conduct unlimited spirits taste-testing events on the agency liquor store's 
licensed premises.
Sec. A-2.  28-A MRSA §2, sub-§33-A, as enacted by PL 2021, c. 658, §32, is 
amended to read:
33-A.  Vessel.  "Vessel" means a ship, vessel or boat of any kind used for navigation 
of the coastal waters or for commercial navigation of inland waters and licensed for 
carrying no fewer than 25 12 passengers under the requirements of the Public Utilities 
Commission or the United States Coast Guard.
Sec. A-3.  28-A MRSA §10, sub-§1, as amended by PL 2021, c. 658, §44, is further 
amended to read:
1.  Class A restaurant or restaurant and off-premises retail licensee on same 
premises not prohibited.  If a portion of the premises is licensed as an off-premises retail 
licensee, no provision within this Title may not be construed to prohibit issuance of a Class 
III or Class IV license to the same licensee for a restaurant or Class A restaurant for the 
remaining portion of the premises, as long as necessary qualifications are maintained for 
each separately licensed area and food is available for free or purchase at all times that 
liquor is sold for on-premises consumption.
Sec. A-4.  28-A MRSA §10, sub-§2-B, as amended by PL 2021, c. 658, §§45 and 
46, is further amended to read:
2-B.  Access exception.  Notwithstanding subsection 2, there may be access between 
the 2 licensed areas by the public as provided by this subsection.
A.  There may be access between the 2 licensed areas when there is a clear delineation 
of space, by a wall or permanent barrier that separates the 2 licensed areas and allows 
only one clearly defined and controlled point of access for patrons between the licensed 
establishments.  The controlled point of access is not required to include a door that 
must be physically opened and closed.
B.  When access between the 2 licensed areas exists for patrons of either establishment, 
all food must be available for free or purchase at all times that malt liquor and wine is 
sold for on-premises consumption must be served by an employee of the licensed on-
premises establishment and:.
(1)  Must be accompanied by a full meal prepared in a separate and complete 
kitchen on the premises of the on-premises establishment if the on-premises 
establishment is a Class A restaurant; or
(2)  Must be accompanied by a full meal or a hot or cold meal prepared in a separate 
and complete kitchen on the premises of the on-premises establishment if the on-
premises establishment is a restaurant.  For purposes of this subparagraph, a "hot 
or cold meal" means a meal consisting of food items that customarily appear on a 
restaurant menu, including, but not limited to, sandwiches, salads, hamburgers, 
cheeseburgers, hot dogs and pizza.  A meal consisting solely of prepackaged snack 
foods such as popcorn, chips or pretzels is not a "hot or cold meal" within the 
meaning of this subparagraph.
C.  Malt liquor or wine sold or served on the premises may not be transported by a 
patron or employee of either establishment from one licensed area to another.  The 
licensee shall ensure that easily readable signs are conspicuously posted to inform the 
public that transfer of malt liquor or wine from one licensed area to another is strictly 
prohibited.
Sec. A-5.  28-A MRSA §13, as repealed and replaced by PL 2021, c. 658, §49, is 
amended to read:
§13.  Low-alcohol spirits products sold by malt liquor or wine licensees
1.  Retail sales.  Notwithstanding any provision of this Title to the contrary, a person 
licensed to sell malt liquor or wine for on-premises or off-premises consumption may also 
sell low-alcohol spirits products.  All provisions of this Title applicable to wine, except 
chapters 65 and 67, apply to low-alcohol spirits products when sold by persons licensed to 
sell wine for on-premises or off-premises consumption.
2.  Wholesale sales.  Notwithstanding any provision of this Title to the contrary, a 
person licensed under section 1401 as an in-state wholesaler of malt liquor or wine may 
also sell and distribute low-alcohol spirits products.
Sec. A-6.  28-A MRSA §453-C, sub-§1, as amended by PL 2021, c. 658, §70, is 
further amended to read:
1.  License to resell spirits purchased from the bureau; fortified wine sale 
permitted.  An agency liquor store may not resell spirits purchased from the bureau to a 
retail licensee licensed for on-premises consumption unless the agency liquor store is 
licensed as a reselling agent under this section.  A reselling agent is prohibited from 
reselling spirits to a retail licensee licensed for on-premises consumption unless the spirits 
are purchased from the bureau.  A reselling agent may sell fortified wine to a retail licensee 
for on-premises consumption.
Sec. A-7.  28-A MRSA §462 is enacted to read:
§462.  Purveyor of spirits
1.  License.  An agency liquor store may obtain a purveyor of spirits license to conduct 
unlimited taste-testing events as provided in this section.  
2.  License fee.  The fee for a purveyor of spirits license is $500.
3.  Eligibility.  An agency liquor store is eligible for a purveyor of spirits license if it 
meets the following criteria: 
A.  The agency liquor store has in stock a minimum of 1,500 different product codes.  
For the purposes of this paragraph, "product code" has the same meaning as in section 
461; and
B.  At least 50% of the agency liquor store sales are from the sale of liquor. 
4.  Conditions for conducting taste-testing events.  The conditions under this 
subsection apply to taste-testing events under this section.
A.  Spirits may not be served to a person who has not yet attained 21 years of age.  
B.  A person who is visibly intoxicated may not be served. 
C.  Spirits served at a taste-testing event under a purveyor of spirits license must be: 
(1)  Provided by the agency liquor store;  
(2)  Purchased at the retail price by a licensed sales representative participating in 
the taste-testing event from existing stock available for purchase at the agency 
liquor store; or  
(3)  Provided by a licensed sales representative participating in the taste-testing 
event or a spirits supplier, including those licensed under section 1355-A, 
participating in the taste-testing event and purchased in the State at the retail price. 
The purveyor of spirits shall maintain and make available to the bureau a record of 
transactions under this subparagraph.
D.  Spirits may be poured for the taste-testing event only by the owner or an employee 
of the agency liquor store, by a sales representative licensed under section 1502 or by the 
spirits supplier. 
5.  Mixed drinks.  The purveyor of spirits licensee may provide mixed drinks 
containing spirits for a taste-testing event.
6.  Spirits containers used for taste-tasting events.  Spirits containers that have been 
opened for a taste-testing event must be resealed and stored in an area not accessible by the 
public after the taste-testing event.  
7.  Rules.  The bureau may adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. A-8.  28-A MRSA §709, sub-§2, ¶I, as amended by PL 2021, c. 658, §104, 
is further amended to read:
I.  Conducting taste testing under section 460, 462, 1051, 1205, 1207, 1368 or 1402;
Sec. A-9.  28-A MRSA §1012, sub-§3, as amended by PL 2023, c. 285, §1, is 
further amended to read:
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 restaurant, 
licensed Class A lounge, licensed hotel, licensed bed and breakfast, licensed golf course, 
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, restaurant, Class A lounge, hotel, bed and breakfast, 
golf course, 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.
Sec. A-10.  28-A MRSA §1052, sub-§1, as amended by PL 2023, c. 285, §2, is 
further amended to read:
1.  Off-premises catering license for sale of liquor.  A club licensed to sell spirits, 
wine and malt liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge, 
licensed restaurant, licensed Class A lounge, licensed hotel, licensed bed and breakfast, 
licensed golf course, licensed auditorium, licensed civic auditorium or licensed performing 
arts center may apply for an additional license to conduct off-premises catering at planned 
events or gatherings to be held at locations other than the licensee's premises under this 
section.
Sec. A-11.  28-A MRSA §1052, sub-§3-A, as amended by PL 2023, c. 285, §3, is 
further amended to read:
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, restaurant, 
Class A lounge, hotel, bed and breakfast, golf course, auditorium, civic auditorium or 
performing arts center license.
Sec. A-12.  28-A MRSA §1061, sub-§1, as amended by PL 1995, c. 270, §1, is 
further amended to read:
1.  Issuance of licenses.  The bureau may issue licenses under this section for the sale 
of spirits, wine and malt liquor to be consumed on the premises to hotels, as defined in 
section 2, subsection 15, paragraph H as long as the hotel has a minimum of 4 guest rooms 
and is licensed by the Department of Health and Human Services, as required by rule.
Sec. A-13.  28-A MRSA §1061, sub-§4, as amended by PL 1995, c. 270, §1, is 
repealed.
Sec. A-14.  28-A MRSA §1061, sub-§5 is enacted to read:
5.  Consumer transport of liquor within hotel.  A licensed hotel may permit 
consumers to transport spirits, wine or malt liquor purchased in areas designated for the 
consumption of spirits, wine or malt liquor to individual guest rooms.
Sec. A-15.  28-A MRSA §1068, as amended by PL 1997, c. 373, §92, is repealed.
Sec. A-16.  28-A MRSA §1069-A, as amended by PL 1997, c. 373, §93, is repealed.
Sec. A-17.  28-A MRSA §1070, as amended by PL 2021, c. 658, §§185 and 186, is 
further amended to read:
§1070.  Civic  Auditoriums; civic auditoriums; outdoor stadiums; and performing arts 
centers
1.  Issuance of licenses.  The bureau may issue licenses to auditoriums, civic 
auditoriums as defined in section 2, subsection 15, paragraph C, outdoor stadiums and 
performing arts centers under this section for the sale of spirits, wine and malt liquor.  The 
license may be issued to the owner of the civic auditorium, or the operator of the 
auditorium, civic auditorium, outdoor stadium or performing arts center or to the entity 
providing spirits, wine and malt liquor to the public in the auditorium, civic auditorium, 
outdoor stadium or performing arts center.
2.  Events on licensed premises only.  Licenses issued to civic auditoriums may be 
used only in conjunction with a function or event held on the licensed premises.
3.  No sales during events for minors.  Licensees may not sell spirits, wine or malt 
liquor during any school activities or events primarily attended by minors in the rooms 
where these activities are taking place.
5.  Bottle service of spirits; designated areas.  A civic auditorium licensee under this 
section may sell spirits in original containers for service in a civic auditorium club suite 
under the following conditions:
A.  Spirits to be consumed in the club suite must be provided exclusively by the civic 
auditorium licensee;
B.  Spirits containers provided for consumption in the club suite must remain in the 
club suite for the duration of the event for which they were provided; and
C.  The number of spirits containers provided for consumption in the club suite may 
not exceed 6; and
D.  The registered tenant of the club suite or individual specifically granted access to 
the club suite by the civic auditorium licensee must sign a contract with the auditorium, 
civic auditorium, outdoor stadium or performing arts center agreeing that no any person 
under who has not attained 21 years of age will not be provided or served liquor in the 
club suite.
For the purposes of this subsection, "venue" means the licensed premises of an auditorium, 
civic auditorium, outdoor stadium or performing arts center. For purposes of this 
subsection, "club suite" means a designated area within a civic auditorium designed venue 
to provide premium viewing of an event in the auditorium venue and to which access is 
limited to registered tenants, invited guests and those who have been specifically granted 
access by the operator of the civic auditorium venue and is not accessible to the public or 
civic auditorium venue patrons with tickets that provide for general admission to that event 
at the auditorium venue.  A club suite must have a clearly designated point of access for 
the registered tenant or person specifically granted access by the operator of the civic 
auditorium venue to ensure that persons present in the suite are limited to invited guests 
and employees providing services to the club suite.
Sec. A-18.  28-A MRSA §1074, as repealed and replaced by PL 2023, c. 405, Pt. 
A, §103, is repealed.
Sec. A-19.  28-A MRSA §1402, sub-§2, as amended by PL 2021, c. 658, §236, is 
further amended to read:
2.  Taste testing on retail licensee's premises or other locations.  With the bureau's 
written permission, a wholesale licensee may rent or lease an area or room from an on-
premises retail licensee or from any unlicensed venue for the purpose of inviting retail 
licensees to taste test wine or malt liquor products.
PART B
Sec. B-1.  8 MRSA §372, sub-§2, ¶K, as enacted by PL 2019, c. 13, §4, is amended 
to read:
K.  Beginning February 15, 2020, submit a report annually, subject to the approval of 
the commission, to the Governor and the joint standing committees of the Legislature 
having jurisdiction over lottery matters and appropriations and financial affairs. The 
joint standing committee of the Legislature having jurisdiction over lottery matters may 
submit to the Legislature legislation based on the report.  The report must include:
(1)  A list of the decisions made by the commission and resulting actions for the 
preceding calendar fiscal year relevant to lottery operations;
(2)  A complete statement of lottery revenues, prize disbursements and expenses 
and appropriations from the General Fund, if any, for the preceding calendar fiscal 
year;
(3)  A 5-year history of the account used to manage lottery operations, which must 
include the amount of revenues deposited into the State Lottery Fund and the 
amounts transferred to the General Fund;
(4)  A detailed statement of the expenditures made to promote lottery sales through 
marketing, advertising and recruitment of agents for the preceding calendar fiscal 
year;
(5)  A description of the lottery marketing and advertising activities for the 
preceding calendar fiscal year.  The description must identify each radio station 
and television station, if any, that broadcast or distributed the advertising;
(6)  For each radio station and television station identified pursuant to 
subparagraph (5), the format of advertising activity and amount of the expenditures 
for the preceding calendar fiscal year associated with each station; and
(7)  Any recommendations for changes to this chapter.
Sec. B-2.  28-A MRSA §84, sub-§7, as enacted by PL 2019, c. 13, §9, is amended 
to read:
7.  Annual report.  Beginning February 15, 2020, submit a report annually, subject to 
the approval of the commission, to the Governor and the joint standing committees of the 
Legislature having jurisdiction over alcoholic beverage matters and appropriations and 
financial affairs.  The joint standing committee of the Legislature having jurisdiction over 
alcoholic beverage matters may submit to the Legislature legislation based on the report.  
The report must include:
A.  A complete statement of the revenues and expenses for the bureau for the preceding 
calendar fiscal year;
B.  A complete statement of the information required by section 83‑B, subsection 11 
for the preceding calendar fiscal year;
C.  A complete statement of the information required by section 83‑C, subsection 7 for 
the preceding calendar fiscal year;
D.  The information required by section 83‑C, subsection 9; and
E.  Any recommendations for changes to this Title.
PART C
Sec. C-1.  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 or give anything of value.  No A licensee or 
applicant for a license may not receive, directly or indirectly, any money, credit, thing of 
value, indorsement of commercial paper, guarantee of credit or financial assistance of any 
sort exceeding $750 annually from any person within or without the State, 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.
A licensee may not give a thing of value with the intent to induce a retailer to purchase 
liquor from the licensee to the exclusion of liquor offered for sale by other persons.
Nothing in this subsection prevents 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 sporting 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.
Sec. C-2.  28-A MRSA §707, sub-§7, as amended by PL 2021, c. 8, §1, is further 
amended to read:
7.  Exceptions.  This section does not prohibit:
A.  A manufacturer or out-of-state wholesaler from extending the usual and customary 
credit to a wholesale licensee for the purchase of malt liquor or wine;
B.  A manufacturer or out-of-state wholesaler from furnishing materials and equipment 
for the use of a wholesale licensee or the wholesale licensee's employees, including:
(1)  Painting the wholesale licensee's vehicles;
(2)  Supplying legal advertising signs used by the wholesale licensee in the course 
of the wholesale licensee's business; and
(3)  Supplying uniforms for the employees of the wholesale licensee; or
C.  A manufacturer licensed under section 1355‑A from selling and shipping its 
products to an individual in another state for personal use and not for resale, as long as 
the sale and shipment are authorized by and conducted in accordance with the 
requirements of the law of the state where the shipment is delivered.; or
D.  A manufacturer, distributor or out-of-state wholesaler from engaging in the bona 
fide sale of goods to a licensee or applicant for a license, if the amount paid for those 
goods by the licensee or applicant for a license is of fair market value.
Sec. C-3.  28-A MRSA §707, sub-§9 is enacted to read:
9.  Rules.  The bureau shall adopt rules implementing this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
PART D
Sec. D-1.  28-A MRSA §710, as amended by PL 2019, c. 404, §15, is repealed.
SUMMARY
This bill makes multiple changes to the laws governing certain requirements and 
license provisions administered by the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations. 
Part A of the bill amends areas of statute concerning license types in the following 
ways. 
1.  It creates a new license type for agency liquor stores that are purveyors of spirits.
2.  It amends the definition of "vessel" by reducing the minimum number of passengers 
a ship must have to be considered a vessel for liquor licensing purposes.
3.  It adds licensed restaurants to the entities eligible for an off-premises catering 
license.
4.  It removes the requirement that premises holding both an on-premises restaurant or 
Class A restaurant license and an off-premises retail license must sell food with the 
purchase of an alcoholic beverage.  Instead, the bill requires that food be available for free 
or purchase at all times that liquor is sold for on-premises consumption.
5.  It authorizes licensees licensed to sell malt liquor for on-premises or off-premises 
consumption to also sell low-alcohol spirits products.  It also authorizes a licensed in-state 
wholesaler of malt liquor to sell and distribute low-alcohol spirits products.
6.  It authorizes reselling agents to sell fortified wine to retail licensees for on-premises 
consumption.
7.  It creates statutory consistency within license types for auditoriums, civic 
auditoriums, outdoor stadiums and performing arts centers. 
8.  It provides that, in order to receive a liquor license, a hotel must have a minimum 
of 4 guest rooms and be licensed by the Department of Health and Human Services.  It 
authorizes licensed hotels to permit consumers to transport liquor to individual guest 
rooms.
9.  It authorizes the bureau to allow a wholesale licensee to rent or lease an area or 
room from any unlicensed venue for the purpose of inviting retail licensees to taste test 
wine or malt liquor products.
Part B of the bill amends the bureau's annual reporting requirements to provide 
statements regarding lottery operations and liquor licensing operations for the preceding 
fiscal year rather than the calendar year.
Part C of the bill prohibits a licensee or applicant for a license from receiving, directly 
or indirectly, anything of monetary value greater than $750 from a person engaged directly 
or indirectly in the various facets of manufacturing, distributing, selling, storing and 
transporting liquor. It specifies that the bona fide sale of goods by a manufacturer, 
distributor or out-of-state wholesaler does not violate that prohibition if the price of that 
sale is of fair market value.  It also prohibits a licensee from giving a thing of value with 
the intent to induce a retailer to purchase alcohol from the licensee to the exclusion of 
alcohol offered for sale by other persons.
Part D of the bill repeals the section of law governing signage restrictions for liquor 
licensees.