An Act To Amend the Laws Governing Taste Testing of Alcoholic Beverages by Retail Licensees
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law is prohibitive to retail establishments that wish to conduct tastings of alcoholic beverages; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §460, sub-§2, ¶J, as enacted by PL 2009, c. 459, §1, is amended to read:
J. The agency liquor store may conduct up to 3 tastings per month but no more than 12 taste-testing events per year for agency liquor stores that are in operation for less than 12 months per year, and no more than 18 taste-testing events per year for agency liquor stores that are in operation year-round, including tastings conducted under sections 1205 and 1207.
Sec. 2. 28-A MRSA §460, sub-§2, ¶N, as enacted by PL 2009, c. 459, §1, is amended to read:
N. For a minimum of 7 days immediately prior to a taste-testing event, the agency liquor store shall prominently post at the entrance to the store a sign that announces the date and time of the taste-testing event. Taste-testing activities must be conducted away from the primary entrance or exit of the agency liquor store and in a manner so that precludes the possibility of observation by children a person who chooses not to take part in the taste-testing event may navigate through the agency liquor store and maintain a distance of a minimum of 15 feet from the area where the taste-testing event is taking place. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph. This paragraph applies to agency liquor stores that are full-service grocery stores that offer a wide variety of sundries and food and beverage items for sale and do not showcase alcoholic beverages as the primary product offered for sale. This paragraph does not apply to agency liquor stores that are specialty stores that showcase alcoholic beverages as the primary product offered for sale or agency liquor stores that specialize in food products and are too small in area to accommodate the 15foot distance requirement.
Sec. 3. 28-A MRSA §460, sub-§2, ¶O is enacted to read:
O. Notwithstanding paragraphs H and N, an agency liquor store, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the agency liquor store location in a private room in place of or to coincide with a taste-testing event that is open to the public.
Sec. 4. 28-A MRSA §1205, sub-§2, ¶H, as amended by PL 2009, c. 459, §2, is further amended to read:
H. The retail licensee may conduct up to 3 tastings per month but no more than 12 taste-testing events per year for retail licensees that are in operation for less than 12 months per year, and no more than 18 taste-testing events per year for retail licensees that are in operation year-round, including tastings conducted under sections 460 and 1207;
Sec. 5. 28-A MRSA §1205, sub-§2, ¶K, as amended by PL 2009, c. 459, §2, is further amended to read:
K. The retail licensee must purchase all wine served at a taste testing from a wholesale licensee; and
Sec. 6. 28-A MRSA §1205, sub-§2, ¶L, as enacted by PL 2009, c. 459, §2, is amended to read:
L. For a minimum of 7 days immediately prior to a taste-testing event, the retail licensee shall prominently post at the entrance to the store a sign that announces the date and time of the taste-testing event. Taste-testing activities must be conducted away from the primary entrance or exit of the store and in a manner so that precludes the possibility of observation by children a person who chooses not to take part in the taste-testing event may navigate through the store and maintain a distance of a minimum of 15 feet from the area where the taste-testing event is taking place. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph. This paragraph applies to retail licensees that are full-service grocery stores that offer a wide variety of sundries and food and beverage items for sale and do not showcase alcoholic beverages as the primary product offered for sale. This paragraph does not apply to retail licensees that are specialty stores that showcase alcoholic beverages as the primary product offered for sale or retail licensees that specialize in food products and are too small in area to accommodate the 15foot distance requirement; and
Sec. 7. 28-A MRSA §1205, sub-§2, ¶M is enacted to read:
M. Notwithstanding paragraphs F and L, a retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the retail licensee store location in a private room in place of or to coincide with a taste-testing event that is open to the public.
Sec. 8. 28-A MRSA §1207, as enacted by PL 2009, c. 438, §5, is reallocated to 28-A MRSA §1208.
Sec. 9. 28-A MRSA §1207, sub-§1, as enacted by PL 2009, c. 459, §4, is amended to read:
Sec. 10. 28-A MRSA §1207, sub-§2, ¶H, as enacted by PL 2009, c. 459, §4, is amended to read:
H. The retail licensee may conduct up to 3 tastings per month but no more than 12 taste-testing events per year for retail licensees that are in operation for less than 12 months per year, and no more than 18 taste-testing events per year for retail licensees that are in operation year-round, including tastings under section 460 or 1205.
Sec. 11. 28-A MRSA §1207, sub-§2, ¶L, as enacted by PL 2009, c. 459, §4, is amended to read:
L. For a minimum of 7 days immediately prior to a taste-testing event, the retail licensee shall prominently post at the entrance to the store a sign that announces the date and time of the taste-testing event. Taste-testing activities must be conducted away from the primary entrance or exit of the store and in a manner so that precludes the possibility of observation by children a person who chooses not to take part in the taste-testing event may navigate through the store and maintain a distance of a minimum of 15 feet from the area where the taste-testing event is taking place. The Department of Public Safety shall report annually by January 15th to the joint standing committee of the Legislature having jurisdiction over alcohol regulation matters regarding the operation and effectiveness of this paragraph. This paragraph applies to retail licensees that are full-service grocery stores that offer a wide variety of sundries and food and beverage items for sale and do not showcase alcoholic beverages as the primary product offered for sale. This paragraph does not apply to retail licensees that are specialty stores that showcase alcoholic beverages as the primary product offered for sale or retail licensees that specialize in food products and are too small in area to accommodate the 15foot distance requirement.
Sec. 12. 28-A MRSA §1207, sub-§2, ¶M is enacted to read:
M. Notwithstanding paragraphs F and L, a retail licensee, with prior approval from the bureau, may conduct an invitation-only taste-testing event at the retail licensee store location in a private room in place of or to coincide with a taste-testing event that is open to the public.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
SUMMARY
This bill strikes a provision that requires taste testing of alcoholic beverages by retail establishments to be conducted in a manner that precludes the possibility of observation by children. It replaces that provision with a requirement that signs announcing the time and date of a taste-testing event be posted for at least 7 days immediately prior to the event. The bill also increases from 12 to 18 the maximum annual number of taste-testing events that may be conducted by stores or licensees that are open year-round. The bill also requires that taste-testing events that take place at full-service grocery stores be set up in a way that a person who chooses not to take part in the taste-testing event may navigate through the store and maintain a distance of a minimum of 15 feet from the taste-testing event unless the store is a specialty store that showcases alcoholic beverages or is too small to meet the 15foot distance requirement for taste-testing events. The bill also provides for invitation-only taste-testing events.