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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 51. CERTIFICATE OF APPROVAL HOLDERS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §1351. Certificate of approval
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1351. Certificate of approval
1. Certificate of approval required. All in-state manufacturers, out-of-state manufacturers and out-of-state wholesalers must obtain a certificate of approval
from the bureau.
[1997, c. 373, §112 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§112
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1355. Manufacturer licenses
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 2: MANUFACTURERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1355. Manufacturer licenses
1. Issuance of licenses. The bureau may issue manufacturer licenses to distill, rectify, brew or bottle spirits, wine or malt liquor to distillers,
rectifiers, brewers, bottlers and wineries, as defined in section 2, operating under federal law and federal supervision.
[1993, c. 730, §46 (amd).]
1-A. Breweries. The following provisions apply to the manufacturer's license issued to a brewery other than a small brewery licensed under
subsection 2.
A. The holder of a brewery license may produce malt liquor in an amount exceeding 50,000 gallons a year.
[1987, c. 623, §15 (rpr).]
B. The holder of a brewery license may permit sampling of the malt liquor product on the premises:
(1) By employees for the purpose of quality control of the product;
(2) By wholesalers for the purpose of determining whether to carry the brewery's product as a wholesale product, provided
that the holder of the brewery license pays the excise tax on the product sampled according to section 1652; and
(3) By the public in conjunction with a tour of the brewery's facilities, provided that:
(a) The holder of the brewery license pays the excise tax on the product sampled according to section 1652; and
(b) Minors are not permitted to consume or possess any liquor or imitation liquor as defined in section 2.
[2001, c. 501, §1 (amd).]
C. The holder of a brewery license may sell on the brewery premises during regular business hours to nonlicensees only a specialty
package of malt liquor produced at the brewery. The volume of the specialty package may not exceed 15.5 gallons and must
be consumed off the premises. The sale of specialty packages described in this paragraph must comply with keg tagging requirements
provided in section 714. The brewery shall submit a monthly report to its wholesaler detailing sales made directly from the
brewery premises. The wholesaler shall calculate the fees for any bottle deposit and submit an invoice to the brewery for
expenses associated with the requirements prescribed in Title 32, chapter 28 including the retailer handling fee, state container
deposit and a mutually agreed-upon pick-up fee.
[2001, c. 236, §1 (amd).]
D. The holder of a brewery license may sell the brewery's product to wholesalers.
[1987, c. 623, §15 (rpr).]
E. The holder of a brewery license may be issued one license under chapter 43 per brewery location for the sale of liquor to
be consumed on the premises at the brewery.
(1) The retail license must be held exclusively by the holder of the brewery license.
(2) This retail license authorizes the sale of products of the brewery, other than the specialty package under paragraph
C, in addition to other liquor permitted to be sold under the retail license, to be consumed on the premises.
(3) Notwithstanding section 1361, the brewery licensee may sell products of the brewery directly to the retail licensee under
this paragraph without selling to a wholesale licensee. The brewery licensee shall keep and maintain complete records on all
sales to the retail licensee.
(4) All records of the brewery licensee must be kept separate from the records of the retail licensee.
[1999, c. 790, Pt. A, §34 (rpr).]
[2001, c. 236, §1 and c. 501, §1 (amd).]
2. Small breweries. The following conditions apply to licenses issued to small breweries.
A. A holder of a small brewery license may produce malt liquor containing 25% or less alcohol by volume in an amount not to
exceed 50,000 gallons per year.
[1993, c. 730, §46 (amd).]
A-1. A holder of a small brewery license may permit sampling of the malt liquor product on the premises for the following purposes.
(1) Employees may sample the product for the purpose of quality control of the product.
(2) Wholesalers and retailers may sample the product for the purpose of determining whether to carry the product as a wholesale
or retail product, provided that the holder of the small brewery license pays the excise tax on the product sampled according
to section 1652.
(3) The public may sample the product in conjunction with a tour of the brewery's facilities, provided that:
(a) The holder of the small brewery license pays the excise tax on the product according to section 1652; and
(b) Minors are not permitted to consume or possess any liquor or imitation liquor as defined in section 2.
[2001, c. 501, §2 (amd).]
B. A holder of a small brewery license may sell, on the premises during regular business hours, malt liquor produced at the
brewery by the bottle, by the case or in bulk.
[1993, c. 730, §46 (amd).]
C. A holder of a small brewery license may sell or deliver the product to licensed retailers and wholesalers. The licensee
may sell, on the premises for consumption off the premises, malt liquor produced at the brewery by the bottle, case or in
bulk to licensed retailers, including, but not limited to, off-premise retail licensees, restaurants and clubs.
[1993, c. 730, §46 (amd).]
D. A holder of a small brewery license may apply for one license for the sale of liquor to be consumed on the premises for
a location other than the brewery.
[1993, c. 730, §46 (amd).]
E. A holder of a small brewery license may list on product labels and in its advertising the list of the ingredients and the
product's average percentage of the recommended daily allowances of nutritional requirements.
[1993, c. 730, §46 (amd).]
[2001, c. 504, §2 (amd).]
2-A. Small breweries that exceed production limit; license renewal. The bureau, upon application by the holder of a small brewery license whose brewery has produced malt liquor in an amount
that exceeds 50,000 gallons in one year, may renew that holder's small brewery license for only one additional year.
[2001, c. 236, §2 (new).]
3. Farm wineries. The following conditions apply to farm wineries.
A. A holder of a farm winery license may produce wines and sparkling wines in an amount not to exceed 50,000 gallons a year.
[1993, c. 730, §46 (amd).]
A-1. A holder of a farm winery license may fortify wine produced by the farm winery license holder and import spirits solely
for this purpose. If the farm winery license holder produces fortified wine pursuant to this paragraph, the combined total
of wine, sparkling wine and fortified wine produced at the farm winery may not exceed 50,000 gallons per year. For purposes
of this paragraph, "fortified wine" means wine to which spirits have been added as long as the resulting liquor does not exceed
24% alcohol by volume.
[1999, c. 535, §6 (new).]
B. A holder of a farm winery license may serve complimentary samples of wine and sell, during regular business hours, wines
produced at the winery by the bottle, by the case or in bulk on the premises of the winery to persons who are not minors.
A holder of a farm winery license may serve complimentary samples of wine on Sunday after the hour of 12 noon and may sell
wines on Sunday after the hour of 12 noon if the municipality in which the winery is located has authorized the sale of wines
on Sunday for consumption off the premises under chapter 5.
[1993, c. 730, §46 (amd).]
C. A holder of a farm winery license, upon application to and approval of the bureau and payment of the license fees, may obtain
licenses for up to 2 additional locations other than the winery licensed under this subsection. The holder of the licenses
is not required to conduct any bottling or production of wine at the additional licensed locations but may conduct all activities
permitted by this section at the winery.
[1999, c. 275, §2 (amd).]
D. A holder of a farm winery license may sell or deliver the product to licensed retailers and wholesalers and may sell, on
the premises, wine produced at the winery by the bottle, by the case or in bulk to licensed retailers, including, but not
limited to, off-premise retail licensees, restaurants and clubs.
[1993, c. 730, §46 (amd).]
[1999, c. 535, §6 (amd).]
4. Bottlers.
[1987, c. 342, §107 (rp).]
5. Maine farm wineries.
[1987, c. 342, §107 (rp).]
6. Other wineries.
[1987, c. 342, §107 (rp).]
7. Wineries.
[1987, c. 342, §107 (rp).]
8. Small brewer distiller license. The following conditions apply to small brewer distiller licenses.
A. To be eligible for a small brewer distiller license, a person must hold a small breweries license under subsection 2 and
obtain a basic permit for distilling, rectifying, blending and bottling spirits from the federal Department of the Treasury,
Bureau of Alcohol, Tobacco, Firearms and Explosives.
[2005, c. 377, §1 (new).]
B. A holder of a small brewer distiller license may produce distilled spirits in an amount not to exceed 30,000 gallons per
year.
[2005, c. 377, §1 (new).]
C. A holder of a small brewer distiller license may hold up to 3 Maine retail licenses for the sale of liquor to be produced
at the distillery and to be consumed on the premises at a connected establishment. For purposes of this paragraph, "connected
establishment" means a Class A restaurant or Class A restaurantlounge that is owned in whole or in part by the holder of
the small brewer distiller license. All records of the small brewer distiller license must be kept separate from the records
of the retail licensee.
[2005, c. 377, §1 (new).]
D. Spirits produced by a holder of a small brewer distiller license must be sold to the State and are subject to the listing,
pricing and distribution provisions of this Title.
[2005, c. 377, §1 (new).]
E. A holder of a small brewer distiller license may permit sampling of the spirits on the distillery premises by employees
for quality control purposes.
[2005, c. 377, §1 (new).]
F. A holder of a small brewer distiller license may list on a product's label and in its advertising the ingredients and the
product's average percentage of the recommended daily allowances of nutritional requirements.
[2005, c. 377, §1 (new).]
G. The holder of a small brewer distiller license is subject to all inspections and other oversight applied to large distilleries
in the State by the State Government and the Federal Government.
[2005, c. 377, §1 (new).]
[2005, c. 377, §1 (new).]
9. Small brewer distiller licensee that exceeds production limit; license renewal. The bureau, upon application by the holder of a small brewer distiller license whose distillery has produced distilled spirits
in an amount that exceeds 30,000 gallons in one year, may renew that holder's small brewer distiller license for only one
additional year.
[2005, c. 377, §1 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 248,
§
(AMD).
PL 1987,
Ch. 342,
§107
(RPR).
PL 1987,
Ch. 623,
§15
(RPR).
PL 1993,
Ch. 60,
§1
(AMD).
PL 1993,
Ch. 542,
§1,2
(AMD).
PL 1993,
Ch. 730,
§46
(AMD).
PL 1997,
Ch. 373,
§113
(AMD).
PL 1999,
Ch. 275,
§2
(AMD).
PL 1999,
Ch. 535,
§6
(AMD).
PL 1999,
Ch. 790,
§A34
(AMD).
PL 2001,
Ch. 236,
§1,2
(AMD).
PL 2001,
Ch. 501,
§1,2
(AMD).
PL 2005,
Ch. 377,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1356. Illegal manufacture
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 2: MANUFACTURERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1356. Illegal manufacture
1. Illegal manufacture; penalty. Any person not licensed by the bureau who manufactures for sale any liquor, and any person who sells any liquor manufactured
by that person without a license in the State, commits a Class E crime.
[1997, c. 373, §114 (amd).]
2. Seizure and libeling of equipment and materials.
[1987, c. 342, §108 (rp).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§108
(AMD).
PL 1997,
Ch. 373,
§114
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1361. Certificate of approval
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 3: MALT LIQUOR AND WINE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1361. Certificate of approval
1. Certificate of approval required. No manufacturer or foreign wholesaler of malt liquor or wine may hold for sale, sell or offer for sale in intrastate commerce,
or transport or cause to be transported into the State for resale, any malt liquor or wine unless the manufacturer or foreign
wholesaler has obtained from the bureau a certificate of approval.
[1997, c. 373, §115 (amd).]
2. Fee for certificate of approval. The fee for a certificate of approval is $600 per year for malt liquor only and $600 for wine only, except that the fee
for a manufacturer or foreign wholesaler of wine who ships 120 gallons of wine or less per year is $100. Payment of the fee
must accompany the application for the certificate.
[2001, c. 20, §1 (amd).]
3. Conditions on certificate of approval. The certificate of approval is subject to the laws of the State and the rules of the bureau.
A. Any violation of the rules of the bureau is ground for suspension or revocation of the certificate at the discretion of
the District Court Judge.
[1997, c. 373, §115 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1997, c. 373, §115 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. No sales of malt liquor or wine to person without wholesale license. No certificate of approval holder, except a small Maine brewery or Maine farm winery licensee allowed to sell directly to
retailers, may sell or cause to be transported into the State any malt liquor or wine to any person to whom a Maine wholesale
license has not been issued by the bureau. Malt liquor or wine must be delivered to the place of business of the wholesaler
as shown in the wholesaler's license, must be unloaded and inventoried at the wholesaler's premises upon the wholesaler's
receipt of the shipment and must come to rest before delivery is made to any retailer to enable the bureau to inspect and
inventory wholesale warehouses for the purpose of verifying taxes that are required to be paid on malt liquor and wine purchased
by importers.
[1997, c. 373, §116 (amd).]
5. No exclusivity agreement. No certificate of approval holder may make it a condition in selling malt liquor or wine to any wholesale licensee that
the wholesale licensee may not sell malt liquor or wine manufactured or sold by other manufacturers or foreign wholesalers.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1993,
Ch. 507,
§1
(AMD).
PL 1997,
Ch. 373,
§115,116
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 20,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1362. Disposal of fees
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 3: MALT LIQUOR AND WINE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1362. Disposal of fees
The bureau shall deposit the fees collected under section 1361 to the credit of the General Fund.
[1997, c. 373, §117 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§117
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1363. Manufacture of malt liquor or table wine; credit; furnishing materials and equipment
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 3: MALT LIQUOR AND WINE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1363. Manufacture of malt liquor or table wine; credit; furnishing materials and equipment
1. Certificate of approval holder not interested in wholesale license. No officer, director or stockholder of a corporation which is the holder of a manufacturer's certificate of approval may
be interested, either directly or indirectly, as a director, officer or stockholder in any other corporation which holds a
wholesale license.
[1987, c. 45, Pt. A, §4 (new).]
2. Loans by certificate of approval holder. Except as provided in paragraphs A and B, no manufacturer or certificate of approval holder may, either directly or indirectly,
loan any money, credit or their equivalent to any wholesale licensee for equipping, fitting out, maintaining or conducting,
either in whole or in part, a business establishment where malt liquor or wine is sold.
A. A certificate of approval holder may extend the usual and customary commercial credit for malt liquor or table wine sold
and delivered.
[1987, c. 45, Pt. A, § 4 (new).]
B. A manufacturer or holder of a certificate of approval may furnish a wholesale licensee materials and equipment for the use
of the wholesale licensee or the wholesale licensee's employees, such as:
(1) Painting the wholesale licensee's vehicles;
(2) Supplying legal advertising signs used by the wholesale licensee in the course of the wholesale licensee's business;
and
(3) Supplying uniforms for the employees of the wholesale licensee.
[1997, c. 373, §118 (amd).]
[1997, c. 373, §118 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§118
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1364. Invoices and reports
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 3: MALT LIQUOR AND WINE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1364. Invoices and reports
1. Furnish invoices. All certificate of approval holders shall promptly file with the bureau a copy of every invoice sent to wholesale licensees
and the original copy of the Maine purchase order. The invoice must include the licensee's name and the purchase number.
[1997, c. 373, §119 (amd).]
2. File monthly reports. All certificate of approval holders shall furnish a monthly report on or before the 10th day of each calendar month in the
form prescribed by the bureau.
[1997, c. 373, §119 (amd).]
3. Certification that excise tax paid. No certificate of approval holder may ship or cause to be transported into the State any malt liquor or wine until the bureau
has certified that:
A. The excise tax has been paid; or
[1987, c. 45, Pt. A, §4 (new).]
B. The Maine wholesale licensee, to whom shipment is to be made, has filed a bond to guarantee payment of the excise tax as
provided in section 1405.
[1987, c. 45, Pt. A, § 4 (new).]
[1997, c. 373, §119 (amd).]
4. Reports of low-alcohol spirits products. Each certificate of approval holder that manufactures low-alcohol spirits products shall submit to the bureau, on or before
the 10th day of each calendar month, a form specifying the number of gallons of low-alcohol spirits product sold to wholesale
licensees in the State with a copy of each invoice relating to each such sale.
[1997, c. 373, §119 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 528,
§VV5
(AMD).
PL 1991,
Ch. 591,
§VV5
(AMD).
PL 1997,
Ch. 373,
§119
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1365. Low-alcohol spirits product tax
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 3: MALT LIQUOR AND WINE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1365. Low-alcohol spirits product tax
In addition to any tax or premium paid under section 1652 or section 1703, each certificate of approval holder that manufactures
low-alcohol spirits products shall pay a tax of 30¢ on each gallon of low-alcohol spirits product sold to a wholesale licensee
in the State. In addition to the forms filed pursuant to section 1364, a certificate of approval holder that manufactures
low-alcohol spirits products shall file with the bureau a monthly report on the number of gallons of low-alcohol spirits product
sold to wholesale licensees in the State. The certificate of approval holder must enclose payment for the tax due under this
section on the reported sales.
[1997, c. 373, §120 (amd).]
Section History:
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 528,
§VV6
(NEW).
PL 1991,
Ch. 591,
§VV6
(NEW).
PL 1997,
Ch. 373,
§120
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §1371. Special warehouse storage facilities controlled by certificate of approval holder
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 3: NON-RETAIL SALES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 51: CERTIFICATE OF APPROVAL HOLDERS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subchapter 4: SPECIAL WAREHOUSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1371. Special warehouse storage facilities controlled by certificate of approval holder
1. Certificate of approval for special storage facilities. Notwithstanding the importation restrictions of sections 2073 and 2077, the bureau may issue certificates of approval authorizing
the direct importation of malt liquor, wine or spirits from suppliers located in foreign countries or other states into special
warehouse storage facilities located within the State that are under the direct supervision and control of the certificate
of approval holder or into a public warehouse with the approval of the bureau.
[1997, c. 373, §121 (amd).]
2. Fee. The fee for a certificate of approval under this subsection is $600 a year for malt liquor only, $600 a year for wine only
and $600 a year for spirits only.
[1987, c. 45, Pt. A, §4 (new).]
3. Stored liquor not subject to state liquor tax until withdrawn. Liquor stored in special warehouse storage facilities is not subject to state liquor taxes until it is withdrawn from the
special warehouse storage facilities.
A. Malt liquor and wine withdrawn from the special warehouse storage facilities by Maine wholesale licensees immediately become
subject to the same tax and premiums as malt liquor and wine imported into the State from out-of-state certificate of approval
holders. The wholesale licensee shall withdraw the malt liquor and wine to be distributed in the State by the procedure established
in section 1404 and 1405.
[1987, c. 45, Pt. A, §4 (new).]
B. The alcohol bureau may withdraw spirits from special warehouse storage facilities.
[1997, c. 373, §122 (amd).]
C. Out-of-state purchasers authorized by the bureau may withdraw spirits, wine and malt liquor from special warehouse storage
facilities. The authorization allows the out-of-state purchasers to directly transport the spirits, wine and malt liquor to
the state border for delivery out-of-state. Products withdrawn by authorized out-of-state purchasers for delivery outside
of the State are not subject to the state excise tax or premium.
[1997, c. 373, §122 (amd).]
[1997, c. 373, §122 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1989,
Ch. 183,
§
(AMD).
PL 1997,
Ch. 373,
§121,122
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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