As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
1.  Agreement“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder’s brands of malt liquor, wine or beverages. The performance or accomplishment of any of the following acts shall constitute prima facie evidence of an “agreement” within the meaning of this definition:  
A. The shipment, preparation for shipment or acceptance of any order by any certificate of approval holder or its agents for any malt liquor, wine or beverages to a wholesale licensee within the State; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The payment by a wholesale licensee and the acceptance of payment by any certificate of approval holder or its agent or the shipment of an order for malt liquor or beverages intended for sale in Maine.   [PL 1987, c. 45, Pt. A, §4 (NEW).]

[PL 1987, c. 45, Pt. A, §4 (NEW).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 1451

  • Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder's brands of malt liquor, wine or beverages. See Maine Revised Statutes Title 28-A Sec. 1451
  • Bottler: means a person who packages spirits, wine or beer for sale in containers, and is not engaged in distilling, brewing, fermenting or rectifying liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Brewer: means a person who produces malt liquor by fermentation of malt, wholly or partially, or from any substitute for malt. See Maine Revised Statutes Title 28-A Sec. 2
  • certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355-A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1451
  • Distiller: means a person who produces spirits by the process of distillation. See Maine Revised Statutes Title 28-A Sec. 2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officer, directors or persons in active control of the activities of that entity. See Maine Revised Statutes Title 28-A Sec. 1451
  • Primary source of supply: means the distiller, the bottler, the brewer, the winery, the brand owner or the designated agent of any distiller, brewer, winery or brand owner. See Maine Revised Statutes Title 28-A Sec. 1451
  • sale territory: means the area of primary sales responsibility expressly or implicitly designated by any agreement between a wholesale licensee and a certificate of approval holder for the brand or label of a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451
  • wholesale licensee: means any person holding a wholesale malt liquor or wine license within the State, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451
  • 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
  • Winery: means a facility that ferments, ages and bottles wine and hard cider. See Maine Revised Statutes Title 28-A Sec. 2
1-A.  Certificate of approval holder.  Notwithstanding section 2, subsection 8, “certificate of approval holder” means an in-state manufacturer of malt liquor or wine licensed under section 1355-A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361.  

[PL 2019, c. 615, §6 (NEW); PL 2019, c. 615, §7 (AFF).]

2.  Person.  Notwithstanding section 2, subsection 23, “person” means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officer, directors or persons in active control of the activities of that entity. “Person” also includes heirs, assigns, personal representatives and guardians.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

3.  Primary source of supply“Primary source of supply” means the distiller, the bottler, the brewer, the winery, the brand owner or the designated agent of any distiller, brewer, winery or brand owner.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

4.  Territory or sale territory“Territory” or “sale territory” means the area of primary sales responsibility expressly or implicitly designated by any agreement between a wholesale licensee and a certificate of approval holder for the brand or label of a certificate of approval holder.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

5.  Wholesale licensee.  Notwithstanding section 2, subsection 34, “wholesale licensee” means any person holding a wholesale malt liquor or wine license within the State, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder.  

[PL 1987, c. 45, Pt. A, §4 (NEW).]

SECTION HISTORY

PL 1987, c. 45, §A4 (NEW). PL 2019, c. 615, §6 (AMD). PL 2019, c. 615, §7 (AFF).