Maine Revised Statutes Title 28-A Sec. 1381 – Certificate of approval; spirits
Current as of: 2023 | Check for updates
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1. Definition. For purposes of this section, “out-of-state spirits supplier” means an out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of spirits for resale to the bureau.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1381
- 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
- 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
- Spirits: 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
- Spirits supplier: means a person that provides spirits for sale by the bureau in the State, including:
A. See Maine Revised Statutes Title 28-A Sec. 2Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Certificate of approval required. An out-of-state spirits supplier may not transport spirits into the State or cause spirits to be transported into the State unless the out-of-state spirits supplier has obtained a certificate of approval from the bureau in accordance with this section.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
3. Fee for certificate of approval. The fee for a certificate of approval under this section is $1,000 per year, except that the fee for an out-of-state spirits supplier that transports or causes to be transported a total of 450 liters of spirits or less per year is $100. Payment of the fee must accompany the application for the certificate of approval.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF).]
4. Conditions on certificate of approval. A certificate of approval under this section is subject to the laws of the State, including, but not limited to, all applicable requirements of Title 38, section 1615, and the rules of the bureau.
[RR 2021, c. 2, Pt. A, §101 (COR).]
5. Shipment restrictions. Except as provided in sections 2073?A and 2073?E, a person that has been issued a certificate of approval under this section may transport spirits into the State or cause spirits to be transported into the State only if the spirits are delivered to a warehouse designated by the commission under section 81.
[PL 2021, c. 658, §233 (AMD).]
6. Phased-in fee.
[PL 2019, c. 615, §4 (NEW); PL 2019, c. 615, §7 (AFF); MRSA T. 28-A §1381, sub-§6 (RP).]
SECTION HISTORY
PL 2019, c. 615, §4 (NEW). PL 2019, c. 615, §7 (AFF). PL 2021, c. 658, §233 (AMD). PL 2021, c. 742, §2 (AMD). RR 2021, c. 2, Pt. A, §101 (COR).