Maine Revised Statutes Title 28-A Sec. 1209 – Sale of privately held wine by auction
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Notwithstanding any provision to the contrary in section 1201, chapter 55 or chapter 57, this section governs wine auctions. [PL 2015, c. 366, §1 (NEW).]
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Auction permittee” means a person licensed under Title 32, section 285 who is issued a permit pursuant to this section. [PL 2015, c. 366, §1 (NEW).]
B. “Fine and rare wine” means a wine that is not available for purchase in this State through a licensed retailer or wholesaler. [PL 2015, c. 366, §1 (NEW).]
C. “Privately held wine” means fine and rare wine owned for consumption or investment purposes by a person who is not licensed as a liquor manufacturer, retailer, distributor or wholesaler in any state or by the Federal Government. [PL 2015, c. 366, §1 (NEW).]
D. “Wine auction” means an event at which an auction permittee auctions privately held wine owned by or consigned to the auction permittee. [PL 2015, c. 366, §1 (NEW).]
[PL 2015, c. 366, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1209
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Commission: 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
- 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
- Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. 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
- Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. 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
- Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2
- 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
2. Wine auctions. A wine auction may be held by an auction permittee only in accordance with this section. A person legally owning privately held wine may sell or commission for sale the privately held wine to an auction permittee by means of an auction pursuant to this section. Privately held wine may not be auctioned under this section to a person who holds a license under this subpart or subpart 3.
[PL 2015, c. 366, §1 (NEW).]
3. Permit; fee. Subject to the conditions in subsection 4, the bureau may issue a permit to conduct a wine auction to a person licensed under Title 32, section 285 who applies for a wine auction permit. A permit issued pursuant to this subsection is valid for the length of the auction, which may not exceed 2 days. The permit fee for a wine auction is $250.
[PL 2015, c. 366, §1 (NEW).]
4. Conditions. The following conditions apply to a wine auction and a wine auction permit under this section.
A. The auction permittee shall submit to the bureau an inventory of the privately held wine to be sold at the auction on a form determined by the bureau. The inventory form must include the owner of the privately held wine and identifying information as to where the privately held wine was purchased by the owner. For the purposes of subsection 1, paragraph B, wine is considered fine and rare wine if it is not available for purchase in this State through a licensed retailer or wholesaler at the time the inventory is submitted to the bureau. [PL 2015, c. 366, §1 (NEW).]
B. The auction permittee shall notify the bureau at least 30 days prior to the auction of the address, date and time scheduled for the wine auction. [PL 2015, c. 366, §1 (NEW).]
C. The auction permittee shall obtain written verification of the identity of each successful bidder who purchases privately held wine at the wine auction. The information must include, at a minimum, the name and address of the person. [PL 2015, c. 366, §1 (NEW).]
D. Privately held wine sold at the wine auction may not be opened or consumed on the premises of the wine auction. [PL 2015, c. 366, §1 (NEW).]
E. The auction permittee shall notify the bureau of each sale of privately held wine at the wine auction. [PL 2015, c. 366, §1 (NEW).]
F. The privately held wine to be sold at auction may not be stored on the premises where the wine auction is conducted except while the wine auction is being conducted. [PL 2015, c. 366, §1 (NEW).]
G. The auction permittee shall ensure that each recipient of privately held wine sold at the wine auction is 21 years of age or older. [PL 2015, c. 366, §1 (NEW).]
H. The auction permittee shall ensure that each bottle of privately held wine sold at the wine auction has a permanently affixed label stating that the wine is privately held wine. [PL 2015, c. 366, §1 (NEW).]
[PL 2015, c. 366, §1 (NEW).]
5. Excise tax; sales tax. An auction permittee shall comply with the provisions of chapter 65 and Title 36, Part 3 including all requirements relating to the collection, reporting and remittance of the excise and sales and use taxes of the State on sales of privately held wine sold at a wine auction. The bureau may refuse to issue a wine auction permit to an auction permittee who has violated this subsection.
[PL 2015, c. 366, §1 (NEW).]
6. Beverage container deposit. A container of privately held wine auctioned under this section must comply with the provisions of Title 38, chapter 33.
[PL 2021, c. 658, §225 (AMD).]
7. Rules. The bureau shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2015, c. 366, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 366, §1 (NEW). PL 2021, c. 658, §225 (AMD).