Maine Revised Statutes Title 28-A Sec. 1052-D – Taste-testing event license
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1. Taste-testing event license. One or more certificate of approval holders, wholesale licensees or spirits suppliers may apply jointly in any combination for a license to participate in a taste-testing event subject to the conditions prescribed by this section.
[PL 2021, c. 658, §168 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1052-D
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Certificate of approval holder: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. See Maine Revised Statutes Title 28-A Sec. 2 Distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2 Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2 Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Retail sale: means any single sale of liquor for consumption on or off the premises where sold and whether in the original package or as a mixed drink for immediate consumption. See Maine Revised Statutes Title 28-A Sec. 2 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Small brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small winery: means a person that ferments and ages:
A. See Maine Revised Statutes Title 28-A Sec. 2Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Venue: The geographical location in which a case is tried. Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Winery: means a person that ferments and ages wine. See Maine Revised Statutes Title 28-A Sec. 2 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Sponsored manufacturers. For the purposes of this section, “sponsored manufacturer” means a manufacturer without a license or certificate of approval that is sponsored by a person licensed under subsection 1.
A sponsored manufacturer licensed in another state may participate in the taste-testing event in the same manner and subject to the same conditions as a person licensed under subsection 1 if:
A. The sponsored manufacturer provides a copy of state and federal licenses or permits authorizing the manufacture of liquor; and [PL 2021, c. 658, §168 (AMD).]
B. The sponsored manufacturer is included on the application for the taste-testing event license. [PL 2013, c. 531, §4 (NEW).]
Nothing in this section prohibits a person licensed under subsection 1 from sponsoring more than one sponsored manufacturer.
[PL 2021, c. 658, §168 (AMD).]
3. Application. An applicant for a taste-testing event license shall submit a written application to the bureau no later than 15 calendar days prior to the first day of the taste-testing event. The application must include the following:
A. The name and address of each applicant; [PL 2013, c. 531, §4 (NEW).]
B. The title and purpose of the taste-testing event; [PL 2013, c. 531, §4 (NEW).]
C. The date, time and duration of the taste-testing event; [PL 2013, c. 531, §4 (NEW).]
D. The address and location of the taste-testing event including a description of the area designated for the taste-testing event; [PL 2013, c. 531, §4 (NEW).]
E. The names of each sponsored manufacturer that intends to take part in the taste-testing event and the name of the certificate of approval holder or manufacturer that has agreed to be the manufacturer’s sponsor; [PL 2021, c. 658, §168 (AMD).]
F. The sample size and overall sample limit that will be imposed for each day of the taste-testing event consistent with the requirements in subsection 7, paragraph C; and [PL 2013, c. 531, §4 (NEW).]
G. Approval by the municipal officer or a municipal official designated by the municipal officers of the municipality where the taste-testing event will be located. Notwithstanding section 653, the approval may be granted without public notice. [PL 2013, c. 531, §4 (NEW).]
[PL 2021, c. 658, §168 (AMD).]
4. Fee. The license fee for a taste-testing event license is $20 for each person licensed under subsection 1 and each sponsored manufacturer participating in the taste-testing event.
[PL 2021, c. 658, §168 (AMD).]
5. Ruling on application. Upon receipt of an application under subsection 3, the bureau shall immediately approve or deny the application. The bureau shall advise applicants that the license may be suspended or revoked under chapter 33.
[PL 2013, c. 531, §4 (NEW).]
6. Up to 10 licensed events per year; one event per license. A person eligible for a license under subsection 1 may obtain up to 10 licenses under this section per calendar year. Each license permits a taste-testing event lasting up to 4 consecutive days.
[PL 2021, c. 658, §168 (AMD).]
7. Conditions. The following conditions apply to taste-testing events licensed under this section.
A. A person may not be charged a fee, except the fee for admission, for any malt liquor, wine or spirits that are offered for taste testing at the event. [PL 2021, c. 658, §168 (AMD).]
B. The venue for the taste-testing event may not be currently licensed to serve any type of liquor for on-premises consumption. If the venue is currently licensed for on-premises consumption, the bureau shall temporarily suspend the authority of the on-premises retail licensee to sell liquor for on-premises consumption in the area designated for the taste-testing event. Notwithstanding paragraph A, the on-premises retail licensee may sell liquor for on-premises consumption outside the area designated for the taste-testing event. [PL 2021, c. 658, §168 (AMD).]
C. A licensee under this section shall limit the size of samples provided for tasting to 4 ounces of malt liquor, 1 1/2 ounces of wine and 1/2 ounce of spirits. A licensee shall limit the total number of samples to 12 per day, per person, except that:
(1) The 12-sample limit does not apply when the licensee provides a variety of substantial food offerings to patrons of the taste-testing event. For the purposes of this subparagraph, “substantial food” does not include offerings such as prepackaged snacks, pretzels, peanuts, popcorn or chips; and
(2) The sample-size and 12-sample limit do not apply when a licensee includes, as part of a taste-testing event, a multicourse sit-down meal designed to pair food with complementing liquor. This exception applies only at a taste-testing event that is designed to promote the food and beverage or hospitality industry at which at least 50% of the vendors represent and promote a business other than the manufacture or distribution of liquor. [PL 2021, c. 658, §168 (AMD).]
D. A licensee under this section shall record the number of patrons admitted to the taste-testing event by requiring patrons to submit a ticket or sign a register or by employing some similar method of tracking attendance. [PL 2021, c. 658, §168 (AMD).]
E. Points of entry to the taste-testing venue must be clearly defined and monitored to ensure consumption takes place only within the designated area of the taste-testing event. [PL 2013, c. 531, §4 (NEW).]
F. A minor is prohibited from attending the taste-testing event unless accompanied by a parent or guardian or unless the alcohol served at the taste-testing event is confined to a segregated area from which minors are prohibited. [PL 2013, c. 531, §4 (NEW).]
G. Malt liquor, wine or spirits for taste testing may not be poured in advance and made available for patrons of the taste-testing event to serve themselves. [PL 2013, c. 531, §4 (NEW).]
H. A person who is visibly intoxicated may not be served. [PL 2013, c. 531, §4 (NEW).]
I. A person licensed under subsection 1 may provide for taste testing any malt liquor or wine that the licensee manufactures or distributes that is registered and authorized for distribution and sale under this Title or any spirits that the licensee manufactures or distributes that are listed for sale by the commission. Excise taxes for malt liquor and wine under section 1652 must be paid before the scheduled date of the taste-testing event. [PL 2021, c. 658, §168 (AMD).]
J. A sponsored manufacturer may, for the purpose of promoting spirits, wine or malt liquor for distribution and sale in the State, provide for taste testing any spirits, wine or malt liquor that the sponsored manufacturer manufactures outside the State and that has been registered with the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. All containers of spirits, wine or malt liquor served in accordance with this paragraph, including empty containers, must be removed from the State following the taste-testing event. All spirits, wine and malt liquor provided for the taste-testing event under this paragraph are subject to excise taxes under section 1652 and premiums, when applicable, under section 1703. [PL 2021, c. 658, §168 (AMD).]
K. Each person licensed under subsection 1 and each participating sponsored manufacturer described under subsection 2 shall make available to the bureau or local law enforcement agency upon request a list of the persons designated by the respective licensee to serve malt liquor, wine or spirits for taste testing at the event. The list must be accompanied by an affidavit attesting that no person designated to serve alcohol for taste testing has been found to have violated any state or federal law prohibiting the sale or furnishing of alcohol to a minor. [PL 2021, c. 658, §168 (AMD).]
L. Each person licensed under subsection 1 and each participating sponsored manufacturer described under subsection 2 shall provide to a person designated to serve malt liquor, wine or spirits for taste testing a badge or similar means of identification that clearly identifies the name of the licensee or sponsored manufacturer. The badge or similar means of identification must be worn in a manner so that it is conspicuous and clearly visible to a person being served. [PL 2021, c. 658, §168 (AMD).]
[PL 2021, c. 658, §168 (AMD).]
8. Information to be provided by the bureau. The bureau shall develop an informational pamphlet or similar document that is posted on the bureau’s publicly accessible website describing the conditions that apply to the conduct of a taste-testing event, including generally applicable laws and rules that are not described in this section. The bureau shall consider commonly cited violations from similar events that have been conducted in the State when developing the informational pamphlet or similar document.
[PL 2013, c. 531, §4 (NEW).]
9. Retail sales for off-premises consumption. Notwithstanding any provision of this Title to the contrary, a licensed in-state brewery, small brewery, winery, small winery, distillery or small distillery may sell for off-premises consumption at a taste-testing event under this section malt liquor, wine or spirits manufactured in the State by the licensee under the following conditions.
A. Malt liquor, wine or spirits for retail sale must be prepackaged and sold by the bottle or case. A sale must be accompanied by a sales receipt. [PL 2021, c. 658, §168 (NEW).]
B. Spirits sold by a distillery are subject to the listing, pricing and distribution provisions of this Title. Spirits sold by a small distillery may be sold in the same manner as permitted under section 1355?A, subsection 5, paragraph G. [PL 2021, c. 658, §168 (NEW).]
[PL 2021, c. 658, §168 (NEW).]
SECTION HISTORY
PL 2013, c. 531, §4 (NEW). PL 2019, c. 404, §§20-25 (AMD). PL 2021, c. 658, §168 (AMD).