reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES › Subchapter 2: SPECIFIC LICENSE REQUIREMENTS › 28-A §1075. Auxiliary licenses

§1075. Auxiliary licenses
1.  Issuance of licenses.
Pursuant to section 1012, subsection 2 and subject to the requirements of subsection 1‑A, the bureau may issue one auxiliary license under this section for the sale of spirits, wine or malt liquor for on-premises consumption at one additional premises to:
A. A Class A restaurant located at, a Class A restaurant/lounge located at, a Class A lounge located at or a hotel with a Class I license located at a ski area, golf course or disc golf course; or   [PL 2021, c. 658, §195 (RPR).]
A-1. A golf course with a Class I license or a club with a Class I or Class V license located at a golf course or disc golf course.   [PL 2021, c. 658, §195 (NEW).]
B. [PL 2021, c. 658, §195 (RP).]
C. [PL 2021, c. 658, §195 (RP).]
D. [PL 2021, c. 658, §195 (RP).]
[PL 2021, c. 658, §195 (RPR).]
1-A.  Qualifications.
To qualify for an auxiliary license under this section:
A. The additional premises that will be subject to the auxiliary license must be located at the same ski area, golf course or disc golf course as the licensee's current Class A restaurant, Class A restaurant/lounge, Class A lounge, hotel, golf course or club;   [PL 2021, c. 658, §195 (NEW).]
B. The additional premises must offer food for sale to the public consistent with the sale of food requirement for the primary licensed premises, although the food need not be prepared at the additional premises; and   [PL 2023, c. 44, §28 (AMD).]
C. The additional premises must be properly equipped, including with tables, chairs and restrooms.   [PL 2021, c. 658, §195 (NEW).]
[PL 2023, c. 44, §28 (AMD).]
2.  Sales for consumption on slopes or courses prohibited.
A licensee under this section may not sell liquor at a ski area for consumption on the slopes away from the licensed area. Except as provided in section 1075‑A, a licensee under this section may not sell liquor at a golf course or disc golf course for consumption on the course away from the licensed area.
[PL 2021, c. 658, §195 (RPR).]
2-A.  Sales for consumption on slopes or courses prohibited.
[PL 2005, c. 108, §3 (RP).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1993, c. 410, §ZZ19 (AMD). PL 1993, c. 730, §45 (AMD). PL 1995, c. 195, §2 (AMD). PL 2003, c. 579, §§2,3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 108, §§2,3 (AMD). PL 2017, c. 17, §8 (AMD). PL 2021, c. 658, §195 (RPR). PL 2023, c. 44, §28 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES › Subchapter 2: SPECIFIC LICENSE REQUIREMENTS › 28-A §1078. Vessel corporations owned by certificate of approval holders (REPEALED)

§1078. Vessel corporations owned by certificate of approval holders
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES › Subchapter 2: SPECIFIC LICENSE REQUIREMENTS › 28-A §1079. International air terminals (REPEALED)

§1079. International air terminals
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §101 (RPR). PL 1997, c. 373, §104 (AMD). PL 2021, c. 658, §207 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES › Subchapter 2: SPECIFIC LICENSE REQUIREMENTS › 28-A §1080. Common consumption areas

§1080. Common consumption areas
1.  Issuance of licenses.
The bureau may issue a common consumption area license under this section to a licensed auditorium, hotel, restaurant, Class A restaurant or Class A restaurant/lounge or a manufacturer licensed under section 1355‑A if:
A. The auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer is a licensed establishment located within an entertainment district established in accordance with section 221;   [PL 2019, c. 281, §10 (NEW).]
B. The premises of the auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer are adjacent to the common consumption area or, if the auditorium is an outdoor facility, the premises of the auditorium are adjacent to or within the common consumption area;   [PL 2019, c. 281, §10 (NEW).]
C. The common consumption area is properly equipped with tables, chairs and restrooms;   [PL 2019, c. 281, §10 (NEW).]
D. The common consumption area has obtained any required licensing from the Department of Health and Human Services; and   [PL 2019, c. 281, §10 (NEW).]
E. The bureau has not yet issued the maximum number of common consumption area licenses permitted by the entertainment district ordinance.   [PL 2019, c. 281, §10 (NEW).]
[PL 2019, c. 281, §10 (NEW).]
2.  Authority.
A common consumption area license authorizes the licensee to permit the licensee's customers to consume within the common consumption area any spirits, wine or malt liquor sold by the licensee under the authority of the licensee's auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer license.
[PL 2019, c. 281, §10 (NEW).]
3.  Restrictions.
A common consumption area licensee may permit the licensee's customers to consume liquor purchased from the licensee only on the premises of the licensee or within the boundaries of the common consumption area approved by the municipal officers and the bureau. The common consumption area must be controlled by barriers and by signs prohibiting consumption beyond the barriers.
[PL 2019, c. 281, §10 (NEW).]
SECTION HISTORY
PL 2019, c. 281, §10 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1201-A. Transfer of spirits among certain licensees

§1201-A. Transfer of spirits among certain licensees
Notwithstanding section 606, subsection 1 and section 1201, subsection 3‑A, if a business or corporation has multiple locations in the State licensed to sell spirits for consumption off the premises, spirits may be transferred from one of those licensed locations to another to facilitate the sale of those spirits. A licensee that transfers spirits from one location to another in accordance with this section must notify the bureau of all transfers in advance on a form determined by the bureau. The licensee shall maintain a record of all transfers made in accordance with this section.   [PL 2003, c. 208, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 208, §1 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1202. Employment of minors

§1202. Employment of minors
1.  Employees under 17.
An employee under 17 years of age may not accept payment for the sale of malt liquor or wine at the check-out counter of an off-premises retail licensee's establishment.
[PL 2021, c. 658, §211 (AMD).]
2.  Employees who are 17.
An employee who is at least 17 years of age but less than 21 years of age may accept payment only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.
[PL 1997, c. 373, §108 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1993, c. 266, §22 (AMD). PL 1997, c. 373, §108 (AMD). PL 2021, c. 658, §211 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1203. License for florists and florist shops (REPEALED)

§1203. License for florists and florist shops
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §105 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1204. Ship chandlers

§1204. Ship chandlers
1.  Issuance of licenses.
The bureau may issue licenses under this section for the sale of malt liquor and wine for off-premises consumption to ship chandlers, as defined in section 2, subsection 15, paragraph S.
[PL 2021, c. 658, §212 (AMD).]
2.  Conditions on sales.
Ship chandlers may sell malt liquor and wine only to ships which are:
A. Not licensed as retail licensees; and   [PL 1987, c. 342, §106 (NEW).]
B. Registered in another state or another country.   [PL 1987, c. 342, §106 (NEW).]
[PL 1987, c. 342, §106 (NEW).]
3.  Exception to off-premises retail licensee requirements.
Notwithstanding section 1201, a licensed ship chandler is not required to have or maintain a stock of groceries, compatible merchandise or combination of both.
[PL 2021, c. 658, §213 (AMD).]
SECTION HISTORY
PL 1987, c. 342, §106 (NEW). PL 1997, c. 373, §109 (AMD). PL 2021, c. 658, §§212, 213 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1206. Consumption prohibited on off-premises retail licensee's premises

§1206. Consumption prohibited on off-premises retail licensee's premises
Except as provided in sections 460, 1205, 1207, 1208, 1402‑A and 1504, an off-premises retail licensee may not permit a person to consume liquor on the off-premises retail licensee's premises.   [PL 2021, c. 658, §219 (AMD).]
SECTION HISTORY
PL 1993, c. 266, §23 (NEW). PL 2009, c. 438, §4 (AMD). PL 2009, c. 459, §3 (AMD). PL 2009, c. 652, Pt. A, §42 (RPR). PL 2011, c. 629, §20 (AMD). PL 2021, c. 658, §219 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 1: GENERAL PROVISIONS › 28-A §1351. Certificate of approval

§1351. Certificate of approval
1.  Certificate of approval required.
All out-of-state manufacturers of malt liquor or wine, out-of-state wholesalers of malt liquor or wine and out-of-state spirits suppliers must obtain a certificate of approval from the bureau.
[PL 2019, c. 615, §2 (AMD); PL 2019, c. 615, §7 (AFF).]
2.  Definition.
For purposes of this section, "out-of-state spirits supplier" means an out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of spirits for resale to the bureau.
[PL 2019, c. 615, §2 (NEW); PL 2019, c. 615, §7 (AFF).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §112 (AMD). PL 2019, c. 615, §2 (AMD). PL 2019, c. 615, §7 (AFF).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 2: MANUFACTURERS › 28-A §1355. Manufacturer licenses (REPEALED)

§1355. Manufacturer licenses
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 248 (AMD). PL 1987, c. 342, §107 (RPR). PL 1987, c. 623, §15 (RPR). PL 1993, c. 60, §1 (AMD). PL 1993, c. 542, §§1,2 (AMD). PL 1993, c. 730, §46 (AMD). PL 1997, c. 373, §113 (AMD). PL 1999, c. 275, §2 (AMD). PL 1999, c. 535, §6 (AMD). PL 1999, c. 790, §A34 (AMD). PL 2001, c. 236, §§1,2 (AMD). PL 2001, c. 501, §§1,2 (AMD). PL 2005, c. 377, §1 (AMD). PL 2009, c. 167, §1 (AMD). PL 2011, c. 48, §1 (AMD). PL 2011, c. 62, §§1, 2 (AMD). PL 2011, c. 280, §2 (AMD). PL 2011, c. 629, §21 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 2: MANUFACTURERS › 28-A §1356. Illegal manufacture

§1356. Illegal manufacture
1.  Illegal manufacture; penalty.
Any person not licensed by the bureau who manufactures for sale any liquor, and any person who sells any liquor manufactured by that person without a license in the State, commits a Class E crime.
[PL 1997, c. 373, §114 (AMD).]
2.  Seizure and libeling of equipment and materials.
[PL 1987, c. 342, §108 (RP).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §108 (AMD). PL 1997, c. 373, §114 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 2: MANUFACTURERS › 28-A §1357. Sales to persons in another state

§1357. Sales to persons in another state
Notwithstanding any provision of this Title to the contrary, a manufacturer licensed under section 1355‑A may sell and ship its products to a person located in another state, 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.   [PL 2021, c. 8, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 8, §2 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1362. Disposal of fees (REPEALED)

§1362. Disposal of fees
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §117 (AMD). PL 2021, c. 658, §228 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1363. Manufacture of malt liquor or table wine; credit; furnishing materials and equipment (REPEALED)

§1363. Manufacture of malt liquor or table wine; credit; furnishing materials and equipment
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §118 (AMD). PL 2019, c. 665, §12 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1364. Invoices and reports

§1364. Invoices and reports
1.  Furnish invoices.
All certificate of approval holders shall promptly file with the bureau a copy of every invoice sent to wholesale licensees and the original copy of the Maine purchase order. The invoice must include the licensee's name and the purchase number.
[PL 1997, c. 373, §119 (AMD).]
2.  File monthly reports.
All certificate of approval holders shall furnish a monthly report on or before the 15th day of each calendar month in the form prescribed by the bureau.
[PL 2011, c. 147, §1 (AMD).]
3.  Certification that excise tax paid.
A certificate of approval holder may not ship or cause to be transported into the State any malt liquor or wine until the bureau has certified that:
A. The excise tax has been paid; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The wholesale licensee, to whom shipment is to be made, has filed a bond to guarantee payment of the excise tax as provided in section 1405.   [PL 2021, c. 658, §229 (AMD).]
[PL 2021, c. 658, §229 (AMD).]
4.  Reports of low-alcohol spirits products.
[PL 2021, c. 658, §230 (RP).]
5.  Limitation on definition of "certificate of approval holder."
Notwithstanding section 2, subsection 8, as used in this section, "certificate of approval holder" means an in-state manufacturer of malt liquor or wine licensed under section 1355‑A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361.
[PL 2019, c. 615, §3 (NEW); PL 2019, c. 615, §7 (AFF).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §VV5 (AMD). PL 1991, c. 591, §VV5 (AMD). PL 1997, c. 373, §119 (AMD). PL 2011, c. 147, §1 (AMD). PL 2019, c. 615, §3 (AMD). PL 2019, c. 615, §7 (AFF). PL 2021, c. 658, §§229, 230 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1365. Low-alcohol spirits product tax

§1365. Low-alcohol spirits product tax
In addition to any tax paid under section 1652, each certificate of approval holder that manufactures low-alcohol spirits products shall pay a tax of 30¢ on each gallon of low-alcohol spirits product sold to a wholesale licensee. In addition to the forms filed pursuant to section 1364, on or before the 15th day of each calendar month, a certificate of approval holder that manufactures low-alcohol spirits products shall file with the bureau a monthly report on the number of gallons of low-alcohol spirits product sold to wholesale licensees with a copy of each invoice relating to each such sale. The certificate of approval holder must enclose payment for the tax due under this section on the reported sales.   [PL 2021, c. 658, §231 (AMD).]
SECTION HISTORY
PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §VV6 (NEW). PL 1991, c. 591, §VV6 (NEW). PL 1997, c. 373, §120 (AMD). PL 2013, c. 368, Pt. XXXX, §2 (AMD). PL 2013, c. 368, Pt. XXXX, §13 (AFF). PL 2021, c. 658, §231 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1366. Retail sales at farmers' market (REPEALED)

§1366. Retail sales at farmers' market
(REPEALED)
SECTION HISTORY
PL 2011, c. 280, §3 (NEW). PL 2011, c. 629, §24 (AMD). RR 2017, c. 1, §19 (COR). PL 2017, c. 168, §§1-3 (AMD). PL 2019, c. 360, §4 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 3: MALT LIQUOR AND WINE › 28-A §1367. Tastings at farmers' markets (REPEALED)

§1367. Tastings at farmers' markets
(REPEALED)
SECTION HISTORY
RR 2017, c. 1, §20 (COR). PL 2017, c. 168, §4 (NEW). PL 2019, c. 360, §5 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 4: SPECIAL WAREHOUSES › 28-A §1371. Special warehouse storage facilities

§1371. Special warehouse storage facilities
1.  Licensing of special warehouse storage facilities.
Notwithstanding the importation restrictions of section 1361, subsection 4 and sections 2073‑A and 2073‑C, the bureau may issue a license authorizing the direct importation of malt liquor, wine or spirits by a manufacturer, wholesaler or spirits supplier located in a foreign country or another state into special warehouse storage facilities located within the State that are under the direct supervision and control of the licensee under this section or into a public warehouse with the approval of the bureau.
[PL 2021, c. 658, §232 (AMD).]
2.  Fee.
The fee for a license under this section is $600 a year for malt liquor only, $600 a year for wine only and $600 a year for spirits only.
[PL 2021, c. 658, §232 (AMD).]
3.  Stored liquor not subject to state spirits tax or excise tax until withdrawn.
Liquor stored in special warehouse storage facilities licensed under this section is not subject to the state spirits tax under section 1651 or to the excise tax under section 1652 until it is withdrawn from the special warehouse storage facilities.
A. Malt liquor and wine withdrawn from the special warehouse storage facilities by wholesale licensees immediately become subject to the same tax as malt liquor and wine imported into the State from out-of-state certificate of approval holders. The wholesale licensee shall withdraw the malt liquor and wine to be distributed in the State by the procedure established in sections 1404 and 1405.   [PL 2021, c. 658, §232 (AMD).]
B. The bureau may withdraw spirits from special warehouse storage facilities.   [PL 1997, c. 373, §122 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]
C. Out-of-state purchasers authorized by the bureau may withdraw spirits, wine and malt liquor from special warehouse storage facilities. The authorization allows the out-of-state purchasers to directly transport the spirits, wine and malt liquor to the state border for delivery outside of the State. Products withdrawn by authorized out-of-state purchasers for delivery outside of the State are not subject to the state spirits tax under section 1651 or the state excise tax under section 1652.   [PL 2021, c. 658, §232 (AMD).]
[PL 2021, c. 658, §232 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 183 (AMD). PL 1997, c. 373, §§121,122 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2013, c. 368, Pt. XXXX, §3 (AMD). PL 2013, c. 368, Pt. XXXX, §13 (AFF). PL 2021, c. 658, §232 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 51: CERTIFICATE OF APPROVAL HOLDERS › Subchapter 5: SPIRITS › 28-A §1381. Certificate of approval; spirits

§1381. Certificate of approval; spirits
1.  Definition.
For purposes of this section, "out-of-state spirits supplier" means an out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of spirits for resale to the bureau.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
2.  Certificate of approval required.
An out-of-state spirits supplier may not transport spirits into the State or cause spirits to be transported into the State unless the out-of-state spirits supplier has obtained a certificate of approval from the bureau in accordance with this section.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
3.  Fee for certificate of approval.
The fee for a certificate of approval under this section is $1,000 per year, except that the fee for an out-of-state spirits supplier that transports or causes to be transported a total of 450 liters of spirits or less per year is $100. Payment of the fee must accompany the application for the certificate of approval.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
4.  Conditions on certificate of approval.
A certificate of approval under this section is subject to the laws of the State, including, but not limited to, all applicable requirements of Title 38, section 1615, and the rules of the bureau.
[RR 2021, c. 2, Pt. A, §101 (COR).]
5.  Shipment restrictions.
Except as provided in sections 2073‑A and 2073‑E, a person that has been issued a certificate of approval under this section may transport spirits into the State or cause spirits to be transported into the State only if the spirits are delivered to a warehouse designated by the commission under section 81.
[PL 2021, c. 658, §233 (AMD).]
6.  Phased-in fee.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF); MRSA T. 28-A §1381, sub-§6 (RP).]
SECTION HISTORY
PL 2019, c. 615, §4 (NEW). PL 2019, c. 615, §7 (AFF). PL 2021, c. 658, §233 (AMD). PL 2021, c. 742, §2 (AMD). RR 2021, c. 2, Pt. A, §101 (COR).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1401. Wholesale licenses

§1401. Wholesale licenses
1.  Issuance of licenses.
The bureau may issue licenses under this section for the in-state sale and distribution of malt liquor and wine at wholesale.
[PL 2021, c. 658, §234 (AMD).]
2.  Fees.
Except as provided in subsection 4, the fee for a wholesale license is:
A. Six hundred dollars for the principal place of business; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Six hundred dollars for each additional warehouse maintained by the wholesale licensee, but not located at the principal place of business.   [PL 1987, c. 342, §109 (AMD).]
[PL 1987, c. 342, §109 (AMD).]
3.  Term of wholesale license.
Except as provided in subsection 4, a wholesale license is effective for one year from the date of issuance.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
4.  Temporary permits.
The bureau may issue special permits, upon application in writing, for the temporary storage of malt liquor or wine under terms and upon conditions prescribed by the bureau.
[PL 1997, c. 373, §123 (AMD).]
5.  Qualifications.
The bureau may not issue a wholesale license to an applicant unless:
A. If the applicant is a person, the applicant has been a resident of the State for at least 6 months; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. If the applicant is a corporation, the applicant has conducted business in this State for at least 6 months.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1997, c. 373, §123 (AMD).]
6.  License transferrable to other premises.
A wholesale license may be transferred from the premises in the town originally specified to premises in another town.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
7.  Warehouses and sales representatives.
A wholesale licensee shall maintain a warehouse or warehouses within the State and employ one or more sales representatives, licensed under chapter 59, for the purpose of soliciting orders. For the purposes of this subsection, "sales representative" means an employee of a wholesale licensee whose primary duty is soliciting orders from or making sales to retail licensees.
[PL 2015, c. 387, §1 (AMD).]
8.  Franchise or agreement with certificate of approval holder.
A wholesale licensee shall operate under a franchise or agreement for the resale of malt liquor or wine within an allocated territory by a certificate of approval holder.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
9.  Sales to licensees only.
A licensee under this section may sell or distribute malt liquor and wine only to persons licensed for the retail sale of malt liquor and wine for on-premises or off-premises consumption in accordance with this Title.
[PL 2021, c. 658, §235 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §109 (AMD). PL 1997, c. 373, §123 (AMD). PL 2013, c. 476, Pt. A, §§29, 30 (AMD). PL 2015, c. 387, §1 (AMD). PL 2021, c. 658, §§234, 235 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1401-A. Limitation on definition of "certificate of approval holder"

§1401-A. Limitation on definition of "certificate of approval holder"
Notwithstanding section 2, subsection 8, as used in this chapter, unless the context otherwise indicates, "certificate of approval holder" means an in-state manufacturer of malt liquor or wine licensed under section 1355‑A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361.   [PL 2019, c. 615, §5 (NEW); PL 2019, c. 615, §7 (AFF).]
SECTION HISTORY
PL 2019, c. 615, §5 (NEW). PL 2019, c. 615, §7 (AFF).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1402. Taste testing of wine and malt liquor products

§1402. Taste testing of wine and malt liquor products
1.  Taste testing on wholesale licensee's premises.
With the bureau's written permission, a wholesale licensee may designate a special area or room on the wholesale licensee's premises for the specific purpose of taste testing wine or malt liquor products.
[PL 1997, c. 373, §124 (AMD).]
2.  Taste testing on retail licensee's premises.
With the bureau's written permission, a wholesale licensee may rent or lease an area or room from an on-premises retail licensee for the purpose of inviting retail licensees to taste test wine or malt liquor products.
[PL 2021, c. 658, §236 (AMD).]
3.  Conditions on taste-testing events.
The following conditions apply to all taste-testing events under this section.
A. The wholesale licensee or a certificate of approval holder may provide the products for taste-testing events only if all taxes required by this Title have been paid.   [PL 2021, c. 658, §237 (AMD).]
B. Taste-testing events must be conducted only within the special designated area or room.   [PL 2021, c. 658, §237 (AMD).]
C. Taste-testing events must be open only to invited retail licensees or their authorized agents and not to their family members, guests or the public.   [PL 2021, c. 658, §237 (AMD).]
D. After the taste-testing event is concluded, the wholesale licensee shall remove all products supplied for the taste-testing event from the retail licensee's premises.   [PL 2021, c. 658, §237 (AMD).]
E. Malt liquor or wine products may not be served to a person who is a minor or who is visibly intoxicated.   [PL 2021, c. 658, §237 (NEW).]
[PL 2021, c. 658, §237 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §110 (AMD). PL 1997, c. 373, §124 (AMD). PL 2013, c. 368, Pt. XXXX, §4 (AMD). PL 2013, c. 368, Pt. XXXX, §13 (AFF). PL 2021, c. 658, §§236, 237 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1402-A. Samples of products

§1402-A. Samples of products
A person licensed as a manufacturer of malt liquor or wine under section 1355‑A or licensed as a wholesaler may give a retail licensee samples of products under the following conditions:   [PL 2015, c. 386, §1 (AMD).]
1.  Invoice required.
The products must be accompanied by an invoice;
[PL 1997, c. 228, §1 (NEW).]
2.  Product registered.
The product must be registered with the bureau and clearly labeled as a sample;
[PL 1997, c. 228, §1 (NEW).]
3.  Taxes paid.
Taxes must be paid on each item;
[PL 1997, c. 228, §1 (NEW).]
3-A.  Partial-bottle wine samples.
Bottles of wine designated for partial-bottle sampling must be properly sealed between samplings. Partial-bottle wine samples may be provided only on the premises of a retailer licensed to sell wine for on-premises or off-premises consumption to the owner or a supervisory or managerial employee of the retailer;
[PL 2021, c. 658, §238 (AMD).]
4.  Full-bottle samples.
The maximum amount of unopened full-bottle samples given to a retail licensee may not exceed 18 gallons of malt liquor and 18 liters of wine annually. A full-bottle sample is an unopened bottle of wine or malt liquor given to a retail licensee, which may be consumed by a retail licensee on or off the premises;
[PL 2021, c. 658, §239 (AMD).]
4-A.  Prohibited recipients.
Malt liquor or wine samples authorized under this section may not be provided to a person who is a minor or who is visibly intoxicated; and
[PL 2021, c. 658, §240 (NEW).]
5.  Samples removed.
[PL 2011, c. 629, §28 (RP).]
6.  Records maintained.
Records must be maintained for a 2-year period by the licensee giving or receiving samples.
[PL 1997, c. 228, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 228, §1 (NEW). PL 2003, c. 69, §§1,2 (AMD). PL 2011, c. 629, §§25-28 (AMD). PL 2015, c. 386, §1 (AMD). PL 2017, c. 35, §1 (AMD). PL 2021, c. 658, §§238-240 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1403. Purchase and sale of malt liquor or wine by wholesale licensee

§1403. Purchase and sale of malt liquor or wine by wholesale licensee
1.  Purchase of malt liquor or wine by wholesale licensee.
A wholesale licensee may not purchase malt liquor or wine from a person other than a certificate of approval holder or special warehouse storage facility licensed under section 1371. A wholesale licensee may not cause to be transported into the State malt liquor or wine from a person other than a person to whom the bureau has issued a certificate of approval under section 1361.
[PL 2021, c. 658, §241 (AMD).]
1-A.  Wholesale licensee may purchase from wholesale licensee.
The bureau may give written permission to a wholesale licensee to purchase malt liquor or wine from another wholesale licensee.
[PL 1997, c. 373, §126 (AMD).]
2.  Sale of malt liquor or wine by wholesale licensee.
A wholesale licensee may not sell malt liquor or wine that has not been purchased from a certificate of approval holder or a special warehouse storage facility licensed under section 1371.
[PL 2021, c. 658, §241 (AMD).]
3.  License revoked if it requires wholesale license to not sell other brands.
The District Court shall revoke the license of a wholesale licensee, that requires as a condition of selling malt liquor or wine to another wholesale licensee, that the purchasing wholesale licensee may not sell other brand names of malt liquor or wine.
[PL 2021, c. 658, §241 (AMD).]
4.  Monthly report.
By the 10th day of each calendar month, each wholesale licensee shall furnish to the bureau, in the form prescribed by the bureau, a monthly report of all malt liquor or wine purchased and sold during the preceding month.
[PL 1997, c. 373, §127 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §111 (AMD). PL 1997, c. 373, §§125-127 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2021, c. 658, §241 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1404. Unbonded wholesale licensees

§1404. Unbonded wholesale licensees
1.  Procedure for unbonded wholesale licensees.
Unbonded wholesale licensees shall order and purchase malt liquor and wine under the following procedures.
A. The bureau shall furnish all purchase order forms.   [PL 1997, c. 373, §128 (AMD).]
B. [PL 2021, c. 622, §4 (RP).]
C. The unbonded wholesale licensee ordering malt liquor or wine shall submit to the bureau, in a manner specified by the bureau, a copy of the completed purchase order form with payment for the amount of excise taxes required to cover the amount of the order.   [PL 2021, c. 622, §4 (AMD).]
D. [PL 2023, c. 405, Pt. A, §105 (RP).]
E. On receipt of the copy of the completed purchase order form and payment for excise taxes submitted under paragraph C, the bureau shall promptly process the payment and submit copies of the completed purchase order form indicating that excise taxes have been paid to the unbonded wholesale licensee and to the certificate of approval holder with which the unbonded wholesale licensee wishes to place the order.   [PL 2023, c. 405, Pt. A, §106 (RPR).]
F. A certificate of approval holder may not ship or release malt liquor or wine for delivery in the State until notified by the bureau that the excise tax has been paid in accordance with this section.   [PL 2021, c. 622, §4 (AMD); PL 2021, c. 658, §247 (AMD).]
[PL 2023, c. 405, Pt. A, §§105, 106 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §128 (AMD). PL 2021, c. 622, §4 (AMD). PL 2021, c. 658, §§245-247 (AMD). PL 2023, c. 405, Pt. A, §§105, 106 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1406. Report of changes in wholesale licensees and certificate of approval holders to bureau

§1406. Report of changes in wholesale licensees and certificate of approval holders to bureau
1.  Certificate of approval holders must list wholesale licensees with bureau; changes.
Each certificate of approval holder shall:
A. File with the bureau a list of the wholesale licensees who distribute their products in the State; and   [PL 1997, c. 373, §132 (AMD).]
B. Give written notice to the bureau and the wholesale licensee affected at least 90 days before any change in:
(1) Its wholesale licensees; or
(2) The territory of its wholesale licensees.   [PL 2021, c. 658, §250 (AMD).]
[PL 2021, c. 658, §250 (AMD).]
2.  Wholesale licensees must list certificate of approval holders with bureau; changes.
Each wholesale licensee shall:
A. File with the bureau:
(1) A list of the certificate of approval holders for whom it distributes malt liquor or wine in the State; and
(2) A statement of the boundaries of its territories; and   [PL 1997, c. 373, §132 (AMD).]
B. Give written notice to the bureau and the certificate of approval holder affected at least 90 days before any change in:
(1) Its territory; or
(2) The distribution of its products.   [PL 1997, c. 373, §132 (AMD).]
[PL 1997, c. 373, §132 (AMD).]
3.  Shortened waiting period before change.
The bureau may shorten the waiting period before a change is made in the following situations.
A. A certificate of approval holder or a wholesale licensee may request a hearing before the bureau to shorten the waiting period before a change is made. The bureau may, for cause, shorten the waiting period before approving a change in either the wholesale licensee or the wholesale licensee's territory.   [PL 1997, c. 373, §132 (AMD).]
B. If both the certificate of approval holder and the wholesale licensee affected waive the 90-day waiting period by giving the bureau written notice, then the bureau may immediately approve a change in either the wholesale licensee or the wholesale licensee's territory.   [PL 1997, c. 373, §132 (AMD).]
[PL 1997, c. 373, §132 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §132 (AMD). PL 2021, c. 658, §250 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1407. Exclusive distributors of certificate of approval holders' products

§1407. Exclusive distributors of certificate of approval holders' products
1.  Exclusive distributors.
Except as provided in section 1454, the wholesale licensee appointed by the certificate of approval holder to be the exclusive distributor for specific brands of malt liquor and wine cannot be terminated as exclusive distributor of those specific brands upon the voluntary or involuntary termination or transfer of the same brands of malt liquor and wine by the certificate of approval holder that registered the specific labels and established prices with the bureau. The certificate of approval holder acquiring these brands shall take the place of the certificate of approval holder that appointed the distributors and shall comply with section 1406.
[PL 2021, c. 658, §251 (AMD).]
2.  Unfair trade practice.
A violation of this section shall be considered a violation of the Maine Unfair Trade Practices Act and all remedies provided by that Act are available for a violation of this section.
[RR 1993, c. 1, §72 (COR).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §112 (AMD). RR 1993, c. 1, §72 (COR). PL 2021, c. 658, §251 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES › 28-A §1408. Posting of prices

§1408. Posting of prices
1.  Posting by certificate of approval holders and bottlers.
Certificate of approval holders and all licensed bottlers must post with the bureau the F.O.B. shipping point prices for which they are selling malt liquor or wine to wholesale licensees.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Posting by wholesale licensees.
Wholesale licensees must post with the bureau the delivered prices for which they are selling malt liquor or wine to licensees and all other entities or instrumentalities.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3.  Posted prices must include deposits.
All prices posted must include deposits required on returnable items, including kegs.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
4.  Price changes.
Except as provided in paragraph A, certificate of approval holders shall give written notice of price changes to the bureau and their respective wholesale licensees at least 30 days before the effective date. Wholesale licensees shall give written notice of their price changes to the bureau at least 15 days before the effective date. All price changes are effective on the first day of the month.
A. The bureau may give written permission to certificate of approval holders or wholesale licensees to reduce the notice period for price changes in specific instances.   [PL 2021, c. 658, §252 (AMD).]
[PL 2021, c. 658, §252 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §113 (AMD). PL 1997, c. 373, §133 (AMD). PL 2021, c. 658, §252 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1452. No inducement or coercion

§1452. No inducement or coercion
1.  Certificate of approval holder.
No certificate of approval holder may:
A. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to accept delivery of any liquor or any other commodity which has not been ordered by the wholesale licensee;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to do any illegal act or thing by threatening to amend, cancel, terminate or refuse to renew any agreement existing between a certificate of approval holder and a wholesale licensee; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Require a wholesale licensee to assent to any condition, stipulation or provision limiting the wholesale licensee's right to sell the product of any other certificate of approval holder anywhere in the State if the acquisition of the product of another certificate of approval holder does not materially impair the quality of service or quantity of sales of the existing brand or brands of the certificate of approval holder seeking to impose the condition, stipulation or provision.   [PL 2021, c. 658, §255 (AMD).]
[PL 2021, c. 658, §255 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §255 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1453. Dual distributorship prohibited

§1453. Dual distributorship prohibited
1.  Dual distributorship prohibited.
A certificate of approval holder that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreement for its brand or label in the same territory.
[PL 2021, c. 658, §256 (AMD).]
2.  Certificate of approval holder to file list.
Each certificate of approval holder shall file with its application for a certificate of approval or in-state manufacturer license a list giving the name and address of each bottler and wholesale licensee authorized to distribute products of that certificate of approval holder and designating the exclusive territory assigned to each wholesale licensee within the State. Unless authorized by the bureau, wholesale licensees may not sell those products to licensees outside of the exclusive territory allocated and designated.
A. Sales of wine to retail licensees at the wholesale licensee's warehouse must be considered a sale within the wholesale licensee's exclusive territory.   [PL 2021, c. 658, §256 (AMD).]
[PL 2021, c. 658, §256 (AMD).]
3.  Primary source of supply.
A wholesale licensee may not purchase liquor from anyone other than the primary source of supply within the United States.
[PL 2021, c. 658, §256 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §256 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1454. Cancellation

§1454. Cancellation
1.  Good cause.
Notwithstanding the terms, provisions or conditions of any agreement, no certificate of approval holder may amend, cancel, terminate or refuse to continue or renew any agreement, or cause a wholesale licensee to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation or causing a resignation. "Good cause" does not include the sale or purchase of a certificate of approval holder. "Good cause" includes, but is not limited to, the following:
A. Revocation of the wholesale licensee's license to do business in the State;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Bankruptcy or insolvency of the wholesale licensee;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Assignment for the benefit of creditors or similar disposition of the assets of the wholesale licensee; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Failure by the wholesale licensee to substantially comply, without reasonable excuse or justification, with any reasonable and material requirement imposed upon the wholesale licensee by the certificate of approval holder.   [PL 2021, c. 658, §257 (AMD).]
[PL 2021, c. 658, §257 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §257 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1455. Notice of intent to terminate

§1455. Notice of intent to terminate
1.  Written notices.
Before any termination procedure initiated by the certificate of approval holder, the certificate of approval holder shall give the wholesale licensee a written notice of any claimed deficiency existing in the wholesale licensee's territory and the certificate of approval holder shall give the wholesale licensee reasonable time or, if the certificate of approval holder is a small beer manufacturer or a small hard cider manufacturer, at least 30 days to correct the claimed deficiency or deficiencies. After this time has elapsed, the certificate of approval holder shall provide the wholesale licensee with a written notice of the certificate of approval holder's intent to amend, cancel, terminate, refuse to continue, refuse to renew or cause the wholesale licensee to resign from an agreement at least 90 days prior to the effective date of the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation. The written notice must state all of the reasons for the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation. The notice provisions of this section do not apply if the reason for the intended amendment, cancellation, termination, refusal to continue, refusal to renew or causing of resignation is:
A. The bankruptcy or insolvency of the wholesale licensee;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. An assignment for the benefit of creditors or similar disposition of the assets of the wholesale licensee's business;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Revocation of the wholesale licensee's license; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Conviction or a plea of guilty or no contest to a charge of violating a law relating to the business that materially affects the wholesale licensee's ability to remain in business.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
For purposes of this section, "small beer manufacturer" and "small hard cider manufacturer" have the same meanings as in section 1457, subsection 1‑A.
[PL 2021, c. 658, §258 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2019, c. 529, §8 (AMD). PL 2021, c. 658, §258 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1456. Assignment, transfer or sale of business

§1456. Assignment, transfer or sale of business
No certificate of approval holder may unreasonably withhold consent to any assignment, transfer or sale of the wholesale licensee's business whenever the wholesale licensee to be substituted meets the material and reasonable qualifications and standards required of its wholesale licensees.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).