Maine Revised Statutes Title 28-A Sec. 84 – Director of Bureau of Alcoholic Beverages and Lottery Operations
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The director of the bureau or the director’s designee shall: [PL 2013, c. 368, Pt. V, §20 (AMD).]
1. Manage sale of spirits. Manage the sale of spirits through agency liquor stores in accordance with applicable laws and rules that provide for the operation of wholesale distribution of spirits;
[PL 2013, c. 588, Pt. A, §34 (RPR); PL 2013, c. 588, Pt. A, §35 (AFF).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 84
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. 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
- 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
- Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 28-A Sec. 2
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- regularly: includes daily, weekly or monthly, but does not include once a year or less often. See Maine Revised Statutes Title 28-A Sec. 2
- Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-premises consumption. 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
- 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
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Manage enforcement and licensing activities. Manage the enforcement and licensing activities of the bureau under section 83?B;
[PL 2013, c. 476, Pt. A, §10 (NEW).]
2. Act as chief administrative officer of bureau. Act as chief administrative officer of the bureau, having general charge of the office and records and employ such personnel as necessary to fulfill the purpose of this Title. The personnel must be employed with the approval of the commissioner and are subject to the Civil Service Law;
[PL 2021, c. 658, §58 (AMD).]
3. Act as executive secretary. Act as executive secretary of the commission;
[PL 1997, c. 373, §28 (NEW).]
4. Confer with commissioner. Confer regularly as necessary or desirable and not less than once a month with the commissioner on the operation and administration of the bureau and make available for inspection by the commissioner, upon request, all books, records, files and other information and documents of the bureau;
[PL 2021, c. 658, §59 (AMD).]
5. Certification.
[PL 2019, c. 13, §7 (RP).]
6. Implement a spirits sales data reporting system. Collect from reselling agents data on spirits sales made by each reselling agent to establishments licensed to sell spirits for on-premises consumption. The data must include, but is not limited to, the amount and date of sale of each product code sold to on-premises licensees by the reselling agent. For the purposes of this subsection, “product code” has the same meaning as in section 461. For the purposes of collecting on-premises spirits sales data from reselling agents, the director shall enter into a contract with a trade association representing states that control and manage the sale of spirits. The contract must require the trade association to compile aggregate data for each product code on the monthly sales made by reselling agents to establishments licensed to sell spirits for on-premises consumption and to make that data and the data provided in subsection 6?A available to spirits suppliers. The contract must also require that neither the bureau nor the trade association may make publicly available any information that would specifically identify the reselling agent, including, but not limited to, the reseller’s name, the name of the reseller’s agency liquor store, the reseller’s agency liquor store’s address or the address of any associated storage facility of the reselling agent;
[PL 2021, c. 622, §2 (AMD).]
6-A. Wholesale spirits sales data. Provide to the trade association awarded the contract under subsection 6 data on spirits sales made each month by the State to agency liquor stores. The data must include, but is not limited to, aggregate sales of each product code sold to agency liquor stores by the State. For the purposes of this subsection, “product code” has the same meaning as in section 461; and
[PL 2021, c. 622, §3 (NEW).]
7. Annual report. Beginning February 15, 2020, submit a report annually, subject to the approval of the commission, to the Governor and the joint standing committees of the Legislature having jurisdiction over alcoholic beverage matters and appropriations and financial affairs. The joint standing committee of the Legislature having jurisdiction over alcoholic beverage matters may submit to the Legislature legislation based on the report. The report must include:
A. A complete statement of the revenues and expenses for the bureau for the preceding calendar year; [PL 2019, c. 13, §9 (NEW).]
B. A complete statement of the information required by section 83?B, subsection 11 for the preceding calendar year; [PL 2019, c. 13, §9 (NEW).]
C. A complete statement of the information required by section 83?C, subsection 7 for the preceding calendar year; [PL 2019, c. 13, §9 (NEW).]
E. Any recommendations for changes to this Title. [PL 2019, c. 13, §9 (NEW).]
[PL 2019, c. 13, §9 (NEW).]
SECTION HISTORY
PL 1997, c. 373, §28 (NEW). RR 1999, c. 2, §29 (COR). PL 1999, c. 535, §5 (AMD). PL 2013, c. 269, Pt. C, §4 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF). PL 2013, c. 368, Pt. V, §§20, 21 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2013, c. 476, Pt. A, §10 (AMD). PL 2013, c. 588, Pt. A, §34 (AMD). PL 2013, c. 588, Pt. A, §35 (AFF). PL 2013, c. 588, Pt. B, §1 (AMD). PL 2015, c. 430, §§1-3 (AMD). PL 2019, c. 13, §§7-9 (AMD). PL 2021, c. 622, §§2, 3 (AMD). PL 2021, c. 658, §§58, 59 (AMD).