HP1056, LD 1536, item 1, An Act To Allow Maine Manufacturers To Sell Products for Off-premises Consumption at Taste-testing Events and Farmers' Markets and To Allow Taste Testings at Farmers' Markets

An Act To Allow Maine Manufacturers To Sell Products for Off-premises Consumption at Taste-testing Events and Farmers' Markets and To Allow Taste Testings at Farmers' Markets

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA §1355-A, sub-§3, ¶D is enacted to read:

D. Notwithstanding any other provision of this Title, a brewery or a small brewery licensed in accordance with this section may sell malt liquor to be consumed off the premises under the conditions specified in this paragraph if participating in a taste-testing event under section 1052-D.

(1) Only malt liquor brewed at the brewery may be sold in accordance with this paragraph.

(2) A sale of malt liquor in accordance with this paragraph must be accompanied by a sales receipt.

Sec. 2. 28-A MRSA §1355-A, sub-§4, ¶D is enacted to read:

D. Notwithstanding any other provision of this Title, a winery or a small winery licensed in accordance with this section may sell wine to be consumed off the premises under the conditions specified in this paragraph if participating in a taste-testing event under section 1052-D.

(1) Only wine produced at the winery may be sold in accordance with this paragraph.

(2) A sale of wine in accordance with this paragraph must be accompanied by a sales receipt.

Sec. 3. 28-A MRSA §1355-A, sub-§5, ¶I is enacted to read:

I. Notwithstanding any other provision of this Title, a distillery or a small distillery licensed in accordance with this section may sell spirits to be consumed off the premises under the conditions specified in this paragraph if participating in a taste-testing event under section 1052-D.

(1) Only spirits produced at the distillery may be sold in accordance with this paragraph.

(2) Spirits sold in accordance with this paragraph are subject to the listing, pricing and distribution provisions of this Title.

(3) A sale of spirits in accordance with this paragraph must be accompanied by a sales receipt.

Sec. 4. 28-A MRSA §1366, sub-§1, as amended by PL 2011, c. 629, §24, is further amended to read:

1. Retail sales at farmers' market. A licensee under section 1355-A, subsection 3, paragraph B or ; subsection 4, paragraph B ; subsection 5, paragraph B or an employee of the licensee who is at least 21 years of age may sell wine , spirits or malt liquor manufactured in the State by the licensee at a farmers' market pursuant to this section.

Sec. 5. 28-A MRSA §1366, sub-§3, as enacted by PL 2011, c. 280, §3, is amended to read:

3. Conditions. A licensee under subsection 1 may sell wine , spirits or malt liquor at a farmers' market under the following conditions:

A. The licensee shall apply for and must have received authorization to sell at farmers' markets from the bureau and paid an annual fee of $75. The application pursuant to this paragraph must be in a form determined by the bureau. The licensee shall submit the application at least 30 days prior to the date when wine , spirits or malt liquor is to be sold at a farmers' market;

B. Prior to each month during which the licensee wishes to sell at a farmers' market, the licensee shall provide to the bureau a list of the date, time and location of each farmers' market at which the licensee intends to sell and must receive approval from the bureau for that month;

B-1. The licensee shall keep and maintain a record of the dates, times and locations of the licensee's participation in a farmers' market under this section;

C. The farmers' market must consist of at least 6 separate stalls or booths that sell farm or food products, not including alcoholic beverages liquor, and must be authorized by the bureau under subsection 4;

D. The stall or booth operated by the licensee at the farmers' market is considered part of the licensed premises of the licensee for purposes of this chapter;

E. All wine , spirits and malt liquor must be prepackaged and sold by the bottle or case; and

F. Taste testing or sampling of wine and malt liquor is not permitted at the farmers' market.

G. Spirits sold in accordance with this subsection are subject to the listing, pricing and distribution provisions of this Title.

Sec. 6. 28-A MRSA §1366, sub-§4, as enacted by PL 2011, c. 280, §3, is amended to read:

4. Farmers' market authorization. At least 30 days prior to the sale of wine , spirits or malt liquor, a farmers' market must obtain municipal approval to sell wine , spirits and malt liquor under this section and apply for and receive authorization from the bureau for a licensee authorized under subsection 3, paragraph A to sell wine , spirits or malt liquor at the farmers' market. If the farmers' market is held on private property, the application must include a written statement signed by the owner of the property permitting the sale of wine , spirits or malt liquor in accordance with this section. The bureau may request a diagram of the layout of the farmers' market. An application required by this subsection must be in a form determined by the bureau.

Sec. 7. 28-A MRSA §1367 is enacted to read:

§ 1367. Tastings at farmers' markets

1. Taste testing. Subject to the conditions set forth in this section, a brewery, small brewery, winery, small winery, distillery or small distillery licensed under section 1355-A may conduct taste-testing events at farmers' markets. For purposes of this section, "farmers' market" has the meaning as in Title 7, section 415, subsection 1, paragraph A.

2. Conditions on taste-testing activities. The following conditions apply to taste-testing activities allowed under this section.

A. An individual at a taste-testing activity may not be charged a fee.

B. An individual at a taste-testing activity may not be served a taste-testing sample of more that 4 ounces of malt liquor, 1 1/2 ounces of wine or 1/2 ounce of spirits. An individual is limited to 6 samples per day per manufacturer licensed under section 1355-A.

C. Malt liquor, wine or spirits for taste testing may not be poured in advance and made available for individuals participation in the taste testing to serve themselves.

D. An individual at a taste-testing activity who is visibly intoxicated may not be served malt liquor, wine or spirits.

E. Taste-testing activities must be conducted within the hours of retail sales established in this Title.

F. Taste-testing activities are not allowed in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5.

G. A licensee under section 1355-A conducting a taste-testing activity at a farmers' market must keep a record of when and where the activity took place. A licensee is limited to 6 taste-testing events per calendar year at farmers' markets.

SUMMARY

This bill allows the sale of wine, spirits and malt liquor manufactured in Maine for off-premises consumption at taste-testing events and the sale of spirits manufactured in Maine at farmers' markets. Under current law, the sale of wine and malt liquor at farmers' markets is allowed. The bill also allows taste testings to be conducted at farmers' markets.

HP1056 LD 1536	Session - 128th Maine Legislature		LR 720 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer