1.  Certificate of approval required.  No manufacturer or foreign wholesaler of malt liquor or wine may hold for sale, sell or offer for sale in intrastate commerce, or transport or cause to be transported into the State for resale, any malt liquor or wine unless the manufacturer or foreign wholesaler has obtained from the bureau a certificate of approval.  

[PL 1997, c. 373, §115 (AMD).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 1361

  • 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
  • Certificate of approval holder: means :  
A. 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
  • Malt liquor: includes , but is not limited to, ale, beer, porter and stout. 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
  • Retailer: means any person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink, for consumption on or off the premises where sold. 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 facility that brews, lagers and kegs, bottles or packages its own malt liquor, not to exceed 30,000 barrels per year. See Maine Revised Statutes Title 28-A Sec. 2
  • Small winery: means a facility that ferments, ages and bottles:  
  • A. See Maine Revised Statutes Title 28-A Sec. 2
  • Wholesale licensee: means a person licensed by the bureau as a wholesaler. See Maine Revised Statutes Title 28-A Sec. 2
  • Wholesaler: means a person who engages in the purchase and resale of malt or brewed beverages or wines, 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 when taste testing, on the premises of that wholesaler. See Maine Revised Statutes Title 28-A Sec. 2
  • Wine: includes , but is not limited to, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine, provided that the alcohol content is not above 24% by volume. 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.  Fee for certificate of approval.  The fee for a certificate of approval is $1,000 per year for malt liquor only and $1,000 for wine only, except that the fee for a manufacturer or foreign wholesaler of wine or malt liquor who ships 120 gallons of wine or malt liquor or less per year is $100. Payment of the fee must accompany the application for the certificate.  

    [PL 2013, c. 531, §5 (AMD).]

    3.  Conditions on certificate of approval.  The certificate of approval is subject to the laws of the State and the rules of the bureau.  
    A. Any violation of the rules of the bureau is ground for suspension or revocation of the certificate at the discretion of the District Court Judge.   [PL 1997, c. 373, §115 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

    [PL 1997, c. 373, §115 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

    4.  No sales of malt liquor or wine to person without wholesale license.  No certificate of approval holder, except a licensed small brewery or small winery authorized under section 1355?A to sell its own products directly to retailers, may sell or cause to be transported into the State any malt liquor or wine to any person to whom a Maine wholesale license has not been issued by the bureau. Malt liquor or wine must be delivered to the place of business of the wholesaler as shown in the wholesaler’s license, must be unloaded and inventoried at the wholesaler’s premises upon the wholesaler’s receipt of the shipment and must come to rest before delivery is made to any retailer to enable the bureau to inspect and inventory wholesale warehouses for the purpose of verifying taxes that are required to be paid on malt liquor and wine purchased by importers.  

    [PL 2019, c. 529, §7 (AMD).]

    5.  No exclusivity agreement.  No certificate of approval holder may make it a condition in selling malt liquor or wine to any wholesale licensee that the wholesale licensee may not sell malt liquor or wine manufactured or sold by other manufacturers or foreign wholesalers.  

    [PL 1987, c. 45, Pt. A, §4 (NEW).]

    SECTION HISTORY

    PL 1987, c. 45, §A4 (NEW). PL 1993, c. 507, §1 (AMD). PL 1997, c. 373, §§115,116 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 20, §1 (AMD). PL 2005, c. 683, §A46 (AMD). PL 2007, c. 539, Pt. QQQ, §1 (AMD). PL 2011, c. 629, §23 (AMD). PL 2013, c. 531, §5 (AMD). PL 2019, c. 529, §7 (AMD).