Maine Revised Statutes Title 28-A Sec. 713 – Selling malt liquor or wine from truck
Current as of: 2023 | Check for updates
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1. Selling malt liquor or wine from truck prohibited. Except as provided in subsections 2 and 3, no wholesale or retail licensee may, either directly or indirectly, by any agent or employee, travel from town to town, or from place to place in the same town, selling, bartering or carrying for sale or exposing for sale any malt liquor or wine from any vehicle.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 28-A Sec. 713
- 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
- 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: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Town: includes cities and plantations, unless otherwise expressed or implied. 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 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. Delivery of orders received. The wholesale licensee may make sales of malt liquor or wine where transportation and delivery are required only upon orders actually received at the principal place of business or warehouse or distributing center, if licensed, of the wholesale licensee before shipment of the malt liquor or wine. The driver or any other employee of the wholesale licensee shall carry an invoice stating the names of the purchaser and the wholesale licensee and the kind and quantity of malt liquor or wine ordered by the sale, together with the date of the sale.
A. This subsection does not prohibit a wholesale licensee from collecting orders for malt liquor or wine by sales representatives calling upon retailers, then filing the orders at the principal place of business or warehouse or distributing center. [PL 1987, c. 342, §47 (NEW).]
[PL 1987, c. 342, §47 (AMD).]
3. Sale from truck by wholesale licensee. A wholesale licensee or an agent or employee of the wholesale licensee may travel from town to town or from place to place in the same town selling, or carrying for sale or exposing for sale, malt liquor or wine from a vehicle only if the wholesale licensee, agent or employee possesses on the vehicle a manifest bearing a detailed description of the total amount of malt liquor or wine on the vehicle and invoices, as required, as well as invoices drawn up at the time of delivery.
[PL 2021, c. 658, §109 (AMD).]
4. Sales or deliveries only to licensees. Sales or deliveries may be made only to licensees of the bureau.
[PL 1997, c. 373, §70 (AMD).]
5. Violation. Whoever violates this section commits a Class E crime.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §47 (AMD). PL 1997, c. 373, §70 (AMD). PL 2021, c. 658, §109 (AMD).