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 §1205. Taste testing of wine

§1205. Taste testing of wine
1.  Taste testing on off-premises retail licensee's premises.
Subject to the conditions in subsections 2 and 2‑A, the bureau may authorize an off‑premises retail licensee stocking at least 100 different wine labels to conduct taste testing of wine on that licensee's premises. Except as provided in section 1206, an off-premises retail licensee may not allow any other consumption of liquor on the off‑premises retail licensee's premises.
[PL 2021, c. 658, §214 (AMD).]
2.  Conditions for conducting taste-testing events.
The following conditions apply to taste-testing events under this section:
A. Wine may not be served to persons who have not yet attained the age of 21 years;   [PL 2009, c. 459, §2 (AMD).]
B. A person may not be served more than a total of 5 ounces of wine having an alcohol content of 14% or less; and, for wine having an alcohol content greater than 14%, a person may not be served more than a total of 3 ounces of wine;   [PL 2019, c. 79, §2 (AMD).]
C. A person may not be charged a fee for any wine served as part of a taste-testing event;   [PL 2019, c. 79, §2 (AMD).]
D. A person may not be served who is visibly intoxicated;   [PL 2009, c. 459, §2 (AMD).]
E. A taste‑testing event must be limited to a designated area;   [PL 2019, c. 79, §2 (AMD).]
F. A taste‑testing event must be conducted within the hours of retail sale established in this Title;   [PL 2019, c. 79, §2 (AMD).]
G. [PL 2019, c. 79, §2 (RP).]
H. The retail licensee may conduct an unlimited number of taste‑testing events per month. If the retail licensee complies with the applicable requirements of sections 460 and 1207, the retail licensee may offer spirits and malt liquor for tasting at the same time as wine;   [PL 2021, c. 131, §2 (AMD).]
I. A taste‑testing event is not allowed in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5;   [PL 2019, c. 79, §2 (AMD).]
J. [PL 2019, c. 79, §2 (RP).]
K. [PL 2023, c. 349, §3 (RP).]
K-1. Wine served at a taste‑testing event must be:
(1) Purchased by the retail licensee from a wholesale licensee;
(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 retail licensee's premises; or
(3) Provided by a licensed sales representative participating in the taste-testing event or by a manufacturer licensed under section 1355‑A participating in the taste-testing event and purchased in the State at the retail price. A record of a transaction under this subparagraph must be maintained and made available to the bureau. After the taste-testing event is concluded, the licensed sales representative or manufacturer shall remove all products supplied for the taste-testing event from the licensee's premises;   [PL 2023, c. 349, §4 (NEW).]
L. Prior to a taste-testing event, the retail licensee shall post prominently at the entrance to the store a sign that announces the date and time of the event;   [PL 2021, c. 658, §215 (AMD).]
M. An off‑premises retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the off‑premises retail licensee's premises in place of or to coincide with a taste-testing event that is open to the public. A taste-testing event that is exclusively invitation only is not subject to the posting requirement in paragraph L; and   [PL 2021, c. 658, §216 (AMD).]
N. Wine may be poured for the taste-testing event only by the owner or an employee of the off-premises retail licensee, by a sales representative licensed under section 1502 or, if the manufacturer of the wine being poured is licensed under section 1355‑A, by the manufacturer or an employee of the manufacturer.   [PL 2021, c. 658, §217 (NEW).]
[PL 2023, c. 349, §§3, 4 (AMD).]
2-A.  Written permission from the bureau.
An off‑premises retail licensee must obtain the written permission of the bureau before conducting a taste‑testing event using the following procedure.
A. The retail licensee shall request authority to conduct a taste‑testing event using forms prescribed by the bureau.   [PL 2019, c. 79, §2 (NEW).]
B. The retail licensee may submit a separate form for each taste‑testing event or a single form listing some or all of the taste‑testing events the retail licensee requests authority to conduct in a calendar month under this section, section 460 and section 1207.   [PL 2019, c. 79, §2 (NEW).]
C. The request must indicate the date and time for each taste‑testing event and the liquor product or products that will be offered at each event.   [PL 2019, c. 79, §2 (NEW).]
D. [PL 2021, c. 658, §218 (RP).]
[PL 2021, c. 658, §218 (AMD).]
3.  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.
[PL 2013, c. 476, Pt. A, §27 (AMD).]
SECTION HISTORY
PL 1989, c. 488 (NEW). PL 1995, c. 30, §§4-6 (AMD). PL 1997, c. 373, §§110,111 (AMD). PL 1997, c. 414, §§1-3 (AMD). PL 1997, c. 683, §A16 (AMD). PL 2005, c. 32, §1 (AMD). RR 2009, c. 2, §§79, 80 (COR). PL 2009, c. 459, §2 (AMD). PL 2009, c. 510, §§4-6 (AMD). PL 2011, c. 69, §§1, 2 (AMD). PL 2011, c. 103, §2 (AMD). PL 2013, c. 368, Pt. V, §§42, 43 (AMD). PL 2013, c. 476, Pt. A, §27 (AMD). PL 2015, c. 129, §§4, 5 (AMD). PL 2019, c. 79, §2 (AMD). PL 2021, c. 131, §2 (AMD). PL 2021, c. 658, §§214-218 (AMD). PL 2023, c. 349, §§3, 4 (AMD).