CHAPTER 390
S.P. 462 - L.D. 1335
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is necessary that this legislation take effect immediately in order to allow affected in-state manufacturers to obtain off-premises licenses prior to the summer season; 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 §2, sub-§29-A is enacted to read:
29-A. Small distillery. "Small distillery" means a distiller that produces distilled spirits in an amount that does not exceed 50,000 gallons per year.
Sec. 2. 28-A MRSA §707, sub-§3, as amended by PL 1987, c. 342, §41, is further amended to read:
3. Retail licensee; interest in wholesaler or certificate of approval. No Except as authorized in section 1012, subsection 5, a retail licensee may not have any financial interest, direct or indirect, in any:
A. Maine manufacturer's or wholesaler's license; or
B. Certificate of approval issued to an out-of-state manufacturer or foreign wholesaler of malt liquor or wine.
Sec. 3. 28-A MRSA §707, sub-§4, as repealed and replaced by PL 1987, c. 342, §42, is amended to read:
4. Certificate of approval holder or Maine manufacturer; interest in wholesaler or retail license. No Except as authorized in section 1012, subsection 5, a certificate of approval holder or in-state manufacturer may not have any financial interest, direct or indirect, in any:
A. Maine wholesale license; or
B. Maine retail license.
Sec. 4. 28-A MRSA §1012, sub-§5 is enacted to read:
5. Small distillery off-premises license. Notwithstanding chapter 19, a person who holds a distiller license under section 1551, subsection 3, paragraph A and is a small distillery may obtain a small distillery off-premises license to sell spirits for consumption off the distillery premises, as long as the spirits are manufactured by the distillery, the distiller obtained the spirits for sale from the State and the spirits are sold on the premises of the distillery at the retail prices established by the alcohol bureau in accordance with its rules.
A. The small distillery off-premises license fee is $100 annually.
B. A person may not hold more than one small distillery off-premises license.
C. A small distillery off-premises licensee shall keep records regarding off-premises sales separate and apart from records relating to any other transaction in which the licensee engages.
D. The bureau, upon application by the holder of a small distillery off-premises license whose distillery has produced distilled spirits in an amount that exceeds 50,000 gallons in one year, may renew that holder's small distillery off-premises license for only one additional year.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 14, 2005.
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