2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2073-B. In-state transportation of spirits

§2073-B. In-state transportation of spirits
1.  Prohibition.
Except as provided in subsection 2, section 1201‑A or section 2073‑E, a person may not transport more than 4 liters of spirits within the State unless the spirits were legally purchased from:
A. An agency liquor store; or   [PL 2021, c. 658, §268 (NEW).]
B. An in-state manufacturer authorized under section 1355‑A to sell spirits for off-premises consumption.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
2.  Exceptions.
Notwithstanding subsection 1, a person may transport spirits within the State in the following circumstances.
A. An individual may transport spirits within the State in accordance with a permit issued under section 2073‑A, subsection 2, paragraph B.   [RR 2021, c. 2, Pt. A, §102 (COR).]
B. A person may transport spirits the person transported into the State pursuant to section 2073‑A, subsection 2, paragraph C to:
(1) A warehouse designated by the commission under section 81;
(2) A bottler or rectifier licensed under section 1355‑A;
(3) A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine; or
(4) A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor.   [PL 2021, c. 658, §268 (NEW).]
C. A licensed in-state manufacturer of spirits may transport spirits produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport spirits produced by the manufacturer to:
(1) A warehouse designated by the commission under section 81;
(2) A bottler or rectifier licensed under section 1355‑A;
(3) A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine;
(4) A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor;
(5) Any location to which the licensed in-state manufacturer of spirits is authorized to transport its own products under section 1355‑A; or
(6) The state line for transportation outside the State.   [PL 2021, c. 658, §268 (NEW).]
D. The wholesale spirits provider may transport spirits between warehouses designated by the commission under section 81 or to agency liquor stores as provided in section 503.   [PL 2021, c. 658, §268 (NEW).]
E. A reselling agent may transport spirits to on-premises retail licensees as provided in section 459.   [PL 2021, c. 658, §268 (NEW).]
Each shipment of spirits transported within the State in accordance with paragraph B, C, D or E must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits.
[RR 2021, c. 2, Pt. A, §102 (COR).]
3.  Penalties.
The following penalties apply to violations of this section.
A. A person that transports within the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.   [PL 2021, c. 658, §268 (NEW).]
B. A person that transports within the State a quantity of 40 or more liters of spirits in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
4.  Evidence.
The possession of more than 8 liters of spirits in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.
[PL 2021, c. 658, §268 (NEW).]
5.  Forfeiture.
Notwithstanding section 2221‑A, a court shall order spirits transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:
A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or   [PL 2021, c. 658, §268 (NEW).]
B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
SECTION HISTORY
PL 2021, c. 658, §268 (NEW). RR 2021, c. 2, Pt. A, §102 (COR).