Maine Revised Statutes Title 28-A Sec. 1355-A – Manufacturer licenses
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1. Issuance of licenses. The bureau may issue licenses under this section to breweries, small breweries, wineries, small wineries, distilleries, small distilleries, bottlers and rectifiers in the State that operate under federal law and federal supervision.
[PL 2021, c. 658, §226 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1355-A
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- 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
- Bottler: means a person that packages spirits, wine or malt liquor for sale in containers and is not engaged in distilling, brewing, fermenting or rectifying liquor. 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. 2Distillery: 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. 2Fortified wine: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Hard cider: means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 28-A Sec. 2 Keg: means a container capable of holding at least 5 gallons of liquid. See Maine Revised Statutes Title 28-A Sec. 2 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 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 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 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 Rectifier: means a person that produces spirits or low-alcohol spirits products by combining spirits with other products. See Maine Revised Statutes Title 28-A Sec. 2 Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-premises consumption. 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 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 Tenant brewery: means a person that has submitted a brewer's notice to and received approval from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the person to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce malt liquor and low-alcohol spirits products consisting of malt liquor to which spirits have been added at a manufacturing facility of another brewery that is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Tenant winery: means a person who has been issued an approved application for an alternating proprietorship from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce wine or hard cider at a manufacturing facility of another winery who is licensed by the bureau. 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 Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. See Maine Revised Statutes Title 28-A Sec. 2 Wholesale spirits provider: means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption. 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 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
1-A. Definition. For purposes of this section, “manufacturing facility” means the premises of a brewery, small brewery, winery, small winery, distillery or small distillery licensed under this section where liquor products are produced.
[PL 2021, c. 658, §226 (NEW).]
1-B. Bottlers and rectifiers. A bottler or rectifier licensed under this section may permit sampling of a liquor product bottled or rectified by that licensee on the premises where it is bottled or rectified:
A. By employees for the purpose of quality control of the product; and [PL 2021, c. 658, §226 (NEW).]
B. By wholesalers for the purpose of determining whether to carry the product as a wholesale product if the licensee pays the excise tax on the product sampled according to section 1652. [PL 2021, c. 658, §226 (NEW).]
[PL 2021, c. 658, §226 (NEW).]
2. Manufacturers other than bottlers and rectifiers. The following provisions apply to brewery, small brewery, winery, small winery, distillery and small distillery licensees.
A. A licensee governed by this subsection may permit sampling of a liquor product produced by that licensee on the premises where the liquor product is produced:
(1) By employees for the purpose of quality control of the product; and
(2) By wholesalers for the purpose of determining whether to carry the product as a wholesale product if the licensee pays the excise tax on the product sampled according to section 1652. [PL 2021, c. 658, §226 (AMD).]
B. A licensee governed by this subsection may serve to the public samples of liquor produced by the licensee at the manufacturing facility where that liquor is produced by the licensee under the conditions specified in this paragraph.
(1) The licensee may sell samples to the public or offer samples to the public at no cost.
(2) The licensee shall pay the excise tax, if any, according to section 1652 on all samples served to the public under this paragraph. If a sample is sold by the licensee, it is also subject to the sales tax on liquor under Title 36, section 1811.
(3) The licensee shall maintain a record of all samples the licensee sells under this paragraph and shall maintain those records for a period of 2 years.
(4) The licensee may serve samples to the public under this paragraph only during the hours of legal sale set forth in section 4.
(5) The area of the licensed premises where the licensee serves samples to the public under this paragraph is not required to be separate from and may be accessed by the same entrance as the area licensed for on-premises consumption of liquor under chapter 43 in accordance with paragraph I.
(6) Spirits samples served to the public under this paragraph by a distillery must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits samples served to the public under this paragraph by a small distillery are subject to the requirements of subsection 5, paragraph H.
(7) The licensee may not serve samples to minors or visibly intoxicated persons. [PL 2021, c. 658, §226 (AMD).]
C. [PL 2021, c. 658, §226 (RP).]
D. A licensee governed by this subsection may sell for off-premises consumption liquor produced by the licensee from the manufacturing facility where liquor is produced by the licensee under the conditions specified in this paragraph.
(1) Sales made in accordance with this paragraph do not require the licensee to obtain an additional retail license under chapter 45.
(2) Liquor sold in accordance with this paragraph may not be consumed anywhere on the licensed premises.
(3) The area of the licensed premises where the licensee opts to transact sales for off-premises consumption is not required to be separate from and may be accessed by the same entrance as the area licensed for on-premises consumption of liquor under chapter 43 in accordance with paragraph I.
(4) Sales under this paragraph may be made only during the hours of legal sale as provided in section 4.
(5) Spirits sold by a distillery must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits sold by a small distillery are subject to the requirements of subsection 5, paragraph G.
(6) Except as provided in subsection 3, paragraphs C and C?1, sales may be made only by the bottle, by the case or in bulk. [PL 2021, c. 658, §226 (AMD).]
E. [PL 2021, c. 658, §226 (RP).]
F. [PL 2021, c. 658, §226 (RP).]
G. [PL 2021, c. 658, §226 (RP).]
H. [PL 2021, c. 658, §226 (RP).]
I. A licensee governed by this subsection may be issued one on-premises retail license under chapter 43 per licensed manufacturing facility under the conditions specified in this paragraph.
(1-A) The on-premises retail license issued under chapter 43 may be for retail activities located at the manufacturing facility or for retail activities at another location if the same person or persons hold a majority ownership interest in both the manufacturing facility and the premises licensed under chapter 43.
(2) The retail license issued under chapter 43 authorizes the sale for on-premises consumption of products produced at the manufacturing facility as well as other liquor permitted to be sold under the applicable class of the retail license.
(2-A) Liquor sold under a retail license issued under chapter 43 on the premises of the manufacturing facility may not be consumed on any part of the premises where patrons are not generally permitted.
(3) All records related to activities under the authority of the manufacturing facility’s license issued under this section must be kept separate from records related to activities under the authority of the retail license issued under chapter 43. Income from the sale of liquor under subparagraph (4-A) or under paragraph B or D by a manufacturing facility that is located on the same premises as the retail license issued under chapter 43 is not included in calculating whether that retail licensee satisfies any applicable income from the sale of food requirement set forth in chapter 43.
(4) Spirits sold under the authority of the retail license issued under chapter 43 to the holder of a distillery license must first be sold to the State, subject to the listing, pricing and distribution provisions of this Title. Spirits sold under the authority of the retail license issued under chapter 43 to the holder of a small distillery license are subject to the requirements of subsection 5, paragraph H.
(4-A) A person issued a retail license under chapter 43 for premises other than the licensed manufacturing facility may sell liquor for off-premises consumption under the conditions stated in paragraph D.
(5) The licensee shall ensure that products purchased for off-premises consumption under paragraph D are not consumed on the premises of the manufacturing facility or the retail license issued under chapter 43, if that retail license authorizes retail activities at another location. [PL 2021, c. 658, §226 (AMD).]
J. A licensee governed by this subsection may display up to 25 bottles of liquor produced by the licensee in a window of a location where the licensee is authorized by this section to sell its products for on-premises consumption or for off-premises consumption. [PL 2021, c. 658, §226 (AMD).]
K. A licensee governed by this subsection may transport liquor produced at the licensed manufacturing facility in bulk or packaged in kegs, bottles or cans, including by the case, to:
(1) Another manufacturing facility licensed under this section if the same person or persons hold a majority ownership interest in both of the licensed manufacturing facilities; and
(2) An establishment licensed for retail sales operated by the licensee under paragraph I; subsection 4, paragraph B, subparagraph (2); or subsection 5, paragraph B, subparagraph (3) as long as the same person or persons hold a majority ownership interest in both the licensed manufacturing facility and the licensed retail establishment.
[PL 2021, c. 658, §226 (AMD).]
2-A. Majority interest requirement.
[PL 2017, c. 347, §5 (RP).]
2-B. Grandfathering of certain licenses issued prior to January 1, 2018. The bureau may not suspend, revoke or refuse to renew a license issued under this section or chapter 43 or 45 that was initially issued prior to January 1, 2018 solely on the basis that:
A. The establishment licensed under chapter 43 or 45 was determined by the bureau after the license was issued to not be exclusively held or exclusively owned by a person licensed to manufacture liquor under this section; or [PL 2017, c. 341, §1 (NEW).]
B. The licensee is in violation of section 707, subsection 2, 3?A or 5?A, if the violation existed in the same manner at the time the license was initially issued or at the time the license was renewed. [PL 2019, c. 665, §11 (AMD).]
The prohibition described in this subsection does not apply if the reason for suspension, revocation or refusal to renew is due to the licensee’s substantial misrepresentation of or failure to disclose material facts required for the issuance or renewal of the license.
[PL 2019, c. 665, §11 (AMD).]
3. Breweries; small breweries. Except as otherwise provided in this section, the following provisions apply to breweries and small breweries.
A. A holder of a brewery license may produce and bottle more than 30,000 barrels of malt liquor per year. [PL 2021, c. 658, §226 (AMD).]
B. A holder of a small brewery license may produce and bottle up to 30,000 barrels of malt liquor per year.
(1) Upon application by a holder of a small brewery license that has produced malt liquor in an amount that exceeds 30,000 barrels in one year, the bureau may renew that holder’s small brewery license for only one additional year.
(2) A holder of a small brewery license may sell or deliver its products to licensed retailers or wholesalers. The licensee may sell, on the premises for off-premises consumption, malt liquor produced at the licensed premises by the bottle, by the case or in bulk to licensed retailers, including, but not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding section 1361, the holder of a small brewery license may sell its products directly to a retail licensee under this paragraph without selling to a wholesale licensee. A small brewery licensee shall keep and maintain complete records on all sales to a retail licensee. [PL 2021, c. 658, §226 (AMD).]
B-1. To be eligible for a brewery or small brewery license, a person must hold a brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2021, c. 658, §226 (NEW).]
C. Notwithstanding any provision of this Title to the contrary, an on-premises retail license issued under chapter 43 pursuant to subsection 2, paragraph I to the holder of a brewery or small brewery license authorizes the sale of malt liquor in prefilled, refillable bottles for off-premises consumption under the conditions specified in this paragraph.
(1) Only malt liquor brewed at the brewery or small brewery associated with the on-premises retail license issued under chapter 43 may be sold under this paragraph.
(2) Malt liquor must be dispensed in bottles provided by and with labels unique to the brewery or small brewery of 32 to 64 ounces in volume.
(3) No more than 6 bottles may be prefilled at any one time.
(4) A deposit may be charged per bottle. Bottles sold under this paragraph are not subject to Title 38, chapter 33.
(5) The bottle in which the malt liquor is dispensed must be sealed by the licensee with a seal that is tamper-evident.
(6) Malt liquor dispensed in accordance with this paragraph must be consumed off the premises.
(7) All sales of malt liquor under this paragraph must be accompanied by a sales receipt with a time stamp that indicates time of purchase.
(8) Malt liquor may not be sold pursuant to this paragraph after 10:00 p.m.
The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A. [PL 2021, c. 658, §226 (AMD).]
C-1. A holder of a brewery or small brewery license may sell for off-premises consumption kegs of malt liquor produced by the licensee under the conditions specified in this paragraph.
(1) Only malt liquor brewed at the brewery or small brewery may be sold by the keg, which may not exceed 15.5 gallons in volume and which must comply with the tagging and labeling requirements set forth in section 714.
(2) Sales under this paragraph may be made only during the hours of legal sale as provided in section 4.
(3) The brewery or small brewery shall submit a monthly report to its wholesale licensee detailing sales made under this paragraph. The wholesale licensee shall calculate the fees for any bottle deposit and submit an invoice to the licensee for expenses associated with the requirements prescribed in Title 38, chapter 33 including the retailer handling fee, state container deposit and a mutually agreed-upon pickup fee. [PL 2021, c. 658, §226 (NEW).]
D. [PL 2021, c. 658, §226 (RP).]
E. A holder of a brewery or small brewery license may produce low-alcohol spirits products containing malt liquor produced by the brewery or small brewery and may import spirits solely for this purpose.
(1) If a small brewery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of malt liquor and low-alcohol spirits products produced at the small brewery may not exceed 30,000 barrels per year. [PL 2021, c. 658, §226 (NEW).]
[PL 2021, c. 658, §226 (AMD).]
4. Wineries; small wineries. Except as otherwise provided in this section, the following provisions apply to wineries and small wineries.
A. A holder of a winery license may produce and bottle more than 50,000 gallons per year of wine that is not hard cider and may produce and bottle more than 3,000 barrels per year of wine that is hard cider. [PL 2021, c. 658, §226 (AMD).]
B. A holder of a small winery license may produce and bottle up to 50,000 gallons per year of wine that is not hard cider and may produce and bottle up to 3,000 barrels per year of wine that is hard cider.
(1) A holder of a small winery license may sell or deliver its products to licensed retailers or wholesalers. The licensee may sell, on the premises for off-premises consumption any wine produced at the licensed premises by the bottle, by the case or in bulk to licensed retailers, including, but not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding section 1361, the licensee may sell its products directly to a retail licensee under this paragraph without selling to a wholesale licensee. A small winery licensee shall keep and maintain complete records on all sales to a retail licensee.
(2) A holder of a small winery license, upon application to and approval of the bureau and payment of a $50 license fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations. [PL 2021, c. 658, §226 (AMD).]
B-1. To be eligible for a winery or small winery license, a person must hold a basic permit for producing wine from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2021, c. 658, §226 (NEW).]
C. A holder of a winery or small winery license may fortify wine produced by the winery license holder and import spirits solely for this purpose.
(1) If a small winery license holder produces fortified wine pursuant to this paragraph, the combined total of all wine, other than hard cider, produced at the small winery may not exceed 50,000 gallons per year. [PL 2021, c. 658, §226 (AMD).]
D. [PL 2021, c. 658, §226 (RP).]
For purposes of this subsection, “fortified wine” means wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.
[PL 2021, c. 658, §226 (AMD).]
5. Distilleries; small distilleries. Except as otherwise provided in this section, the following provisions apply to distilleries and small distilleries.
A. A holder of a distillery license may distill, rectify, blend and bottle more than 50,000 gallons of spirits per year. [PL 2011, c. 629, §22 (NEW).]
B. A holder of a small distillery license may distill, rectify, blend and bottle not more than 50,000 gallons of spirits per year.
(2) Upon application by a holder of a small distillery license whose distillery has produced spirits in an amount that exceeds 50,000 gallons in one year, the bureau may renew that holder’s small distillery license for only one additional year.
(3) A holder of a small distillery license, upon application to and approval of the bureau and payment of a $100 license fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations. [PL 2021, c. 658, §226 (AMD).]
C. To be eligible for a distillery or small distillery license, a person must hold a basic permit for distilling, rectifying, blending and bottling spirits from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau. [PL 2011, c. 629, §22 (NEW).]
D. Except as otherwise provided in this section, spirits produced by a holder of a distillery or small distillery license must be sold to the State and are subject to the listing, pricing and distribution provisions of this Title. [PL 2021, c. 658, §226 (AMD).]
E. [PL 2021, c. 658, §226 (RP).]
F. [PL 2021, c. 658, §226 (RP).]
F-1. A distillery or small distillery may sell to the public for on-premises consumption cocktails containing samples of spirits produced by the distillery or small distillery under the conditions specified in this paragraph.
(1) A cocktail may be sold only at the manufacturing facility where the spirits are produced or at an additional location licensed under paragraph B, subparagraph (3).
(2) The distillery or small distillery may include wine or spirits not manufactured by the distillery or small distillery as an ingredient in the cocktail only if the distillery or small distillery purchased the wine or spirits from an agency liquor store licensed as a reselling agent.
(3) A cocktail may not contain more than 4 1/2 ounces of spirits. [PL 2023, c. 34, §5 (AMD).]
G. Notwithstanding paragraph D, a holder of a small distillery license that sells its products directly to consumers for off-premises consumption under paragraph B, subparagraph (3), subsection 2, paragraph D or subsection 2, paragraph I, subparagraph (4?A) may pay the bureau the difference between the distillery’s price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4?B. A small distillery is not required to transport spirits that will be sold for off-premises consumption as described in this paragraph to a warehouse operated by the bureau or by a wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for off-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau. [PL 2021, c. 658, §226 (AMD).]
H. Notwithstanding paragraph D, a holder of a small distillery license that sells its products or offers complimentary samples of its products directly to consumers for on-premises consumption under paragraph F?1 or under subsection 2, paragraph B or I may pay the bureau the difference between the distillery’s price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4?B. A small distillery is not required to transport spirits that will be sold for on-premises consumption as described in this paragraph to a warehouse operated by the bureau or by the wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for on-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau. [PL 2021, c. 658, §226 (AMD).]
I. [PL 2021, c. 658, §226 (RP).]
J. A holder of a distillery or small distillery license may produce low-alcohol spirits products.
(1) If a small distillery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of spirits and low-alcohol spirits products produced at the small distillery may not exceed 50,000 gallons per year. [PL 2021, c. 658, §226 (NEW).]
Revisor’s Note: (Paragraph J as enacted by PL 2021, c. 742, §1 is REALLOCATED TO TITLE 28-A, SECTION 1355-A, SUBSECTION 5, PARAGRAPH K)
K. (REALLOCATED FROM T. 28-A, §1355-A, sub-§5, ¶J) A rectifier and a holder of a distillery or small distillery license shall comply with all applicable requirements of Title 38, section 1615. [PL 2023, c. 405, Pt. A, §104 (AMD).]
[PL 2023, c. 34, §5 (AMD); PL 2023, c. 405, Pt. A, §104 (AMD).]
6. Tenant brewery. Except as otherwise provided, the following provisions apply to a tenant brewery license under which the holder of a tenant brewery license may produce and bottle malt liquor at the manufacturing facility of another brewery, referred to in this subsection as “a host brewery,” licensed by the bureau under subsection 3.
A. To be eligible for a tenant brewery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold a brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant brewery to use the facilities and equipment of a host brewery. If the tenant brewery meets the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small brewery. If the tenant brewery does not meet the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a brewery. [PL 2021, c. 658, §226 (AMD).]
B. A tenant brewery is subject to the same requirements regarding production of malt liquor and low-alcohol spirits products containing malt liquor as if the tenant brewery conducted its manufacturing on its own premises independently. [PL 2021, c. 658, §226 (AMD).]
C. A tenant brewery is not eligible for privileges provided in subsection 2 except for sampling described by paragraph A, subparagraphs (1) and (2). [PL 2021, c. 658, §226 (AMD).]
D. A tenant brewery is governed by the provisions of subsection 3 except for the privileges granted under paragraph C. [PL 2021, c. 658, §226 (AMD).]
E. A tenant brewery may not brew or produce malt liquor or low-alcohol spirits products containing malt liquor for another brewery or certificate of approval holder. [PL 2021, c. 658, §226 (AMD).]
F. A tenant brewery shall ensure that the tenant brewery maintains control of the raw ingredients used to manufacture the tenant brewery‘s product. [PL 2021, c. 658, §226 (AMD).]
G. [PL 2015, c. 15, §1 (RP).]
G-1. Licenses issued under subsection 3 may allow for up to 9 tenant breweries at a time at the manufacturing facility of a host brewery. [PL 2021, c. 658, §226 (AMD).]
H. The bureau may require a tenant brewery to maintain a record or log indicating which equipment is being used at any time by the tenant brewery in the production of malt liquor or low-alcohol spirits products containing malt liquor and which employees are working on production of the tenant brewery’s product. [PL 2021, c. 658, §226 (AMD).]
I. The bureau shall require that reports from a tenant brewery be submitted in a manner similar to the manner in which a brewery licensed under subsection 3 submits reports. The bureau shall also require a tenant brewery to submit copies of reports required of holders of an approved brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant brewery to engage in an alternating proprietorship. [PL 2021, c. 658, §226 (AMD).]
[PL 2021, c. 658, §226 (AMD).]
7. Tenant winery. Except as otherwise provided, the following provisions apply to a tenant winery license under which the holder of a tenant winery license may produce and bottle wine at the manufacturing facility of another winery, referred to in this subsection as “a host winery,” licensed by the bureau under subsection 4. This subsection applies to hard cider produced by a manufacturer licensed as a winery or small winery under subsection 4.
A. To be eligible for a tenant winery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold an approved application for an alternating proprietorship issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant winery to use the facilities and equipment of a host winery. If the tenant winery meets the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small winery. If the tenant winery does not meet the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a winery. [PL 2021, c. 658, §226 (AMD).]
B. A tenant winery is subject to the same requirements regarding manufacture of its product as if the tenant winery conducted its manufacturing on its own premises independently. [PL 2015, c. 185, §3 (NEW).]
C. A tenant winery is not eligible for privileges provided in subsection 2 except for sampling described by paragraph A, subparagraphs (1) and (2). [PL 2015, c. 185, §3 (NEW).]
D. A tenant winery may not produce wine or hard cider for another winery or certificate of approval holder. [PL 2015, c. 185, §3 (NEW).]
E. A tenant winery shall ensure that the tenant winery maintains control of the raw ingredients used to manufacture the tenant winery’s wine or hard cider. [PL 2021, c. 658, §226 (AMD).]
F. A license issued under subsection 4 may allow for up to 9 tenant wineries at a time at the manufacturing facility of a host winery. [PL 2015, c. 185, §3 (NEW).]
G. The bureau may require a tenant winery to maintain a record or log indicating which equipment is being used at any time by the tenant winery in the production of wine or hard cider and which employees are working on production of the tenant winery’s product. [PL 2015, c. 185, §3 (NEW).]
H. The bureau shall require that reports from a tenant winery be submitted in a manner similar to the manner in which a winery licensed under subsection 4 submits reports. The bureau shall also require a tenant winery to submit copies of reports required of holders of an approved application issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant winery to engage in an alternating proprietorship. [PL 2015, c. 185, §3 (NEW).]
[PL 2021, c. 658, §226 (AMD).]
SECTION HISTORY
PL 2011, c. 629, §22 (NEW). PL 2013, c. 345, §4 (AMD). PL 2013, c. 359, §1 (AMD). PL 2015, c. 15, §§1, 2 (AMD). PL 2015, c. 74, §6 (AMD). PL 2015, c. 166, §§3, 4 (AMD). PL 2015, c. 185, §3 (AMD). PL 2015, c. 440, §§1, 2 (AMD). RR 2017, c. 1, §18 (COR). PL 2017, c. 34, §1 (AMD). PL 2017, c. 123, §1 (AMD). PL 2017, c. 280, §§1-3 (AMD). PL 2017, c. 341, §1 (AMD). PL 2017, c. 347, §§3-5 (AMD). PL 2019, c. 168, §§2-4 (AMD). PL 2019, c. 360, §§1-3 (AMD). PL 2019, c. 404, §§26, 27 (AMD). PL 2019, c. 529, §§4-6 (AMD). PL 2019, c. 665, §11 (AMD). PL 2021, c. 91, §§1, 2 (AMD). PL 2021, c. 514, §2 (AMD). PL 2021, c. 658, §226 (AMD). PL 2021, c. 742, §1 (AMD). RR 2021, c. 2, Pt. A, §100 (COR). PL 2023, c. 34, §5 (AMD). PL 2023, c. 405, Pt. A, §104 (AMD).