Maine Revised Statutes Title 28-A Sec. 1453 – Dual distributorship prohibited
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1. Dual distributorship prohibited. A certificate of approval holder that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreement for its brand or label in the same territory.
[PL 2021, c. 658, §256 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1453
- 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 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
- 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 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
- 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
- Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Primary source of supply: means the distillery, the bottler, the brewery, the winery, the brand owner or the designated agent of any distillery, brewery, winery or brand owner. See Maine Revised Statutes Title 28-A Sec. 1451
- sell: means any transfer or delivery of liquor for a consideration. 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 holding a wholesale license under section 1401, 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
- 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. Certificate of approval holder to file list. Each certificate of approval holder shall file with its application for a certificate of approval or in-state manufacturer license a list giving the name and address of each bottler and wholesale licensee authorized to distribute products of that certificate of approval holder and designating the exclusive territory assigned to each wholesale licensee within the State. Unless authorized by the bureau, wholesale licensees may not sell those products to licensees outside of the exclusive territory allocated and designated.
A. Sales of wine to retail licensees at the wholesale licensee’s warehouse must be considered a sale within the wholesale licensee’s exclusive territory. [PL 2021, c. 658, §256 (AMD).]
[PL 2021, c. 658, §256 (AMD).]
3. Primary source of supply. A wholesale licensee may not purchase liquor from anyone other than the primary source of supply within the United States.
[PL 2021, c. 658, §256 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §256 (AMD).