Maine Revised Statutes

§1052-B. Special taste-testing festival license

(CONFLICT)
1. (CONFLICT: Text as amended by PL 2013, c. 351, §1) Special taste-testing festival license.  Manufacturers of malt liquor or wine licensed as breweries or wineries under section 1355-A or a similarly licensed brewery or winery in another state may apply jointly for an additional license to participate in a special taste-testing festival under this section. The special taste-testing festival license is valid for no more than 3 consecutive days and may be issued up to 5 times annually.
[ 2013, c. 351, §1 (AMD) .]
1. (CONFLICT: Text as amended by PL 2013, c. 345, §3 ) Special taste-testing festival license.  Malt liquor manufacturers licensed under section 1401 and manufacturers of malt liquor or wine licensed as small breweries, tenant breweries or small wineries under section 1355-A may apply jointly for an additional license to participate in a special taste-testing festival under this section. The special taste-testing festival license is valid for no more than 3 consecutive days and may be issued once annually.
[ 2013, c. 345, §3 (AMD) .]
2. Fee.  The license fee for the special taste-testing festival license is $50 for each manufacturer of malt liquor and each manufacturer of wine.
[ 2013, c. 351, §2 (AMD) .]
3. Application.  Applications for a special taste-testing festival license must be submitted by filing a written application with the bureau at least 5 days, not including Saturdays, Sundays or legal holidays, before the event. The application must include the following:
A. Name and address of each applicant; [2013, c. 351, §2 (AMD).]
B. Title and purpose of the event; [1999, c. 677, §2 (NEW).]
C. Date, time and duration of the event; [1999, c. 677, §2 (NEW).]
D. Location of the event; [1999, c. 677, §2 (NEW).]
E. The method by which the applicants will monitor the number of samples served to each person attending the festival; and [2013, c. 351, §2 (AMD).]
F. Approval by the municipal officers or a municipal official designated by the municipal officers of the municipality where the proposed special taste-testing festival will be located, which, notwithstanding section 653, may be granted without public notice. [1999, c. 677, §2 (NEW).]
[ 2013, c. 351, §2 (AMD) .]
4. Ruling on application.  Upon receipt of the application, the bureau shall immediately approve or deny the application. The bureau shall advise the applicants that the license may be revoked or suspended under chapter 33.
[ 1999, c. 677, §2 (NEW) .]
5. Conditions on taste-testing festivals.  The following conditions apply to taste-testing festivals under this section.
A. Licensees may not serve more than 12 4-ounce samples or any number of samples that total more than 48 ounces to any one person in one day. [1999, c. 677, §2 (NEW).]
B. Minors are prohibited from attending the special taste-testing festival unless accompanied by a parent or guardian. [1999, c. 677, §2 (NEW).]
C. Taste-testing must be conducted within the hours of retail sale established in this Title. [1999, c. 677, §2 (NEW).]
D. A person may not be charged a fee beyond the fee for admission for any malt liquor or wine served as part of a taste-testing festival. [1999, c. 677, §2 (NEW).]
E. Each person attending the festival must be given a card, tickets or some other mechanism to record the number of samples consumed. [1999, c. 677, §2 (NEW).]
F. The licensee must record each sample served. [1999, c. 677, §2 (NEW).]
G. A sample may not be served to a person unless the licensee has verified that the person has not reached the sample limit. [1999, c. 677, §2 (NEW).]
H. A person who is visibly intoxicated may not be served. [1999, c. 677, §2 (NEW).]
[ 1999, c. 677, §2 (NEW) .]
6. Excise taxes.  A licensee must pay the appropriate excise taxes under section 1652 before the scheduled date of the special taste-testing festival.
[ 2013, c. 368, Pt. XXXX, §1 (AMD); 2013, c. 368, Pt. XXXX, §13 (AFF) .]
SECTION HISTORY
1999, c. 677, §2 (NEW). 2003, c. 91, §1 (AMD). 2011, c. 629, §17 (AMD). 2013, c. 345, §3 (AMD). 2013, c. 351, §§1, 2 (AMD). 2013, c. 368, Pt. XXXX, §1 (AMD). 2013, c. 368, Pt. XXXX, §13 (AFF).

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