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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 55. MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §1401. Wholesale 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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1401. Wholesale licenses
1. Issuance of licenses. The bureau may issue licenses under this section for the sale and distribution of malt liquor or wine at wholesale.
[1997, c. 373, §123 (amd).]
2. Fees. Except as provided in subsection 4, the fee for a wholesale license is:
A. Six hundred dollars for the principal place of business; and
[1987, c. 45, Pt. A, §4 (new).]
B. Six hundred dollars for each additional warehouse maintained by the wholesale licensee, but not located at the principal
place of business.
[1987, c. 342, §109 (amd).]
[1987, c. 342, §109 (amd).]
3. Term of wholesale license. Except as provided in subsection 4, a wholesale license is effective for one year from the date of issuance.
[1987, c. 45, Pt. A, §4 (new).]
4. Temporary permits. The bureau may issue special permits, upon application in writing, for the temporary storage of malt liquor or wine under
terms and upon conditions prescribed by the bureau.
[1997, c. 373, §123 (amd).]
5. Qualifications. The bureau may not issue a wholesale license to an applicant unless:
A. If the applicant is a person, the applicant has been a resident of the State for at least 6 months; or
[1987, c. 45, Pt. A, §4 (new).]
B. If the applicant is a corporation, the applicant has conducted business in this State for at least 6 months.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §123 (amd).]
6. License transferrable to other premises. A wholesale license may be transferred from the premises in the town originally specified to premises in another town.
[1987, c. 45, Pt. A, §4 (new).]
7. Warehouses and sales representatives. A wholesale licensee shall maintain a warehouse or warehouses within the State and employ one or more sales representatives,
licensed under chapter 59, for the purpose of soliciting orders.
[1987, c. 45, Pt. A, §4 (new).]
8. Franchise or agreement with certificate of approval holder. A wholesale licensee shall operate under a franchise or agreement for the resale of malt liquor or wine within an allocated
territory by a certificate of approval holder.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§109
(AMD).
PL 1997,
Ch. 373,
§123
(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 - §1402-A. Samples of products
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1402-A. Samples of products
A person licensed as a small brewery, farm winery or wholesaler may give a retail licensee samples of products under the following
conditions:
[1997, c. 228, §1 (new).]
1. Invoice required. The products must be accompanied by an invoice;
[1997, c. 228, §1 (new).]
2. Product registered. The product must be registered with the bureau and clearly labeled as a sample;
[1997, c. 228, §1 (new).]
3. Taxes paid. Taxes must be paid on each item;
[1997, c. 228, §1 (new).]
3-A. Partial-bottle wine samples. The products are partial-bottle wine samples provided to licensees licensed for on-premises consumption. The agent providing
the sample shall maintain a log stating the names of the licensees who sampled the product and the amount sampled. Partial
bottle samples must be properly sealed between tastings;
[2003, c. 69, §1 (new).]
4. Maximum annual sample established. The maximum amount of samples given to a retail licensee may not exceed 9 gallons of malt beverage and 9 liters of wine
annually;
[2003, c. 69, §2 (amd).]
5. Samples removed. Beer and wine samples given to an off-premise retailer must be removed from the premises to be sampled; and
[1997, c. 228, §1 (new).]
6. Records maintained. Records must be maintained for a 2-year period by the licensee giving or receiving samples.
[1997, c. 228, §1 (new).]
Section History:
PL 1997,
Ch. 228,
§1
(NEW).
PL 2003,
Ch. 69,
§1,2
(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 - §1402. Taste testing of wine and malt liquor products
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1402. Taste testing of wine and malt liquor products
1. Taste testing on wholesale licensee's premises. With the bureau's written permission, a wholesale licensee may designate a special area or room on the wholesale licensee's
premises for the specific purpose of taste testing wine or malt liquor products.
[1997, c. 373, §124 (amd).]
2. Taste testing on retail licensee's premises. With the bureau's written permission, a wholesale licensee may rent or lease an area or room from an on-premise retail licensee
for the purpose of inviting retail licensees to taste test wine or malt liquor products.
[1997, c. 373, §124 (amd).]
3. Conditions on taste-testing activity. The following conditions apply to all taste testings.
A. The wholesale licensee or a certificate of approval holder may provide the products for taste testing only if all taxes
and premiums required by this Title have been paid.
[1987, c. 45, Pt. A, §4 (new).]
B. Taste-testing activity must be conducted only within the special designated area or room.
[1987, c. 45, Pt. A, §4 (new).]
C. Taste-testing activity must be open only to invited retail licensees or their authorized agents and not to their family
members, guests or the general public.
[1987, c. 45, Pt. A, §4 (new).]
D. After the taste-testing activity is concluded, the wholesale licensee shall remove all products supplied for the taste-testing
activity from the retail licensee's premises.
[1987, c. 45, Pt. A, §4 (new).]
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§110
(AMD).
PL 1997,
Ch. 373,
§124
(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 - §1403. Interstate purchase or transportation
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1403. Interstate purchase or transportation
1. No purchases other than from certificate of approval holder. No wholesale licensee may purchase or cause to be transported into the State any malt liquor or wine from any person to
whom the bureau has not issued a certificate of approval.
[1997, c. 373, §125 (amd).]
1-A. Wholesale licensee may purchase from wholesale licensee. The bureau may give written permission to a wholesale licensee to purchase malt liquor or wine from another wholesale licensee.
[1997, c. 373, §126 (amd).]
2. Sale of malt liquor or wine not purchased from a certificate of approval holder prohibited. No wholesale licensee may sell to another wholesale licensee any malt liquor or wine which has not been purchased from a
brewery, winery or foreign wholesaler holding a certificate of approval.
[1987, c. 45, Pt. A, §4 (new).]
3. License revoked if it requires wholesale license to not sell other brands. The District Court Judge shall revoke the license of any wholesale licensee, who requires as a condition of selling malt
liquor or wine to another wholesale licensee, that the purchasing wholesale licensee may not sell other brand names of malt
liquor or wine.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. Monthly report. By the 10th day of each calendar month, each wholesale licensee shall furnish to the bureau, in the form prescribed by the
bureau, a monthly report of all malt liquor or wine purchased and sold during the preceding month.
[1997, c. 373, §127 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§111
(AMD).
PL 1997,
Ch. 373,
§125-127
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
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 - §1404. Unbonded wholesale licensees
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1404. Unbonded wholesale licensees
1. Procedure for unbonded wholesale licensees. Unbonded wholesale licensees shall order and purchase malt liquor and wine under the following procedures.
A. The bureau shall furnish all purchase order forms.
[1997, c. 373, §128 (amd).]
B. The unbonded wholesale licensee shall complete the forms in quintuplicate.
[1997, c. 373, §128 (amd).]
C. The unbonded wholesale licensee ordering malt liquor or wine shall mail 3 copies of the form to the bureau with a check
for the amount of excise taxes required to cover the amount of the order.
[1997, c. 373, §128 (amd).]
D. The unbonded wholesale licensee may mail the original copy of the order to the brewery or winery or wholesaler with whom
the licensee wishes to place the order.
[1997, c. 373, §128 (amd).]
E. On receipt of the 3 copies and a check for excise taxes, the bureau shall promptly process the copies and return one copy
to the wholesale licensee and send one to the brewery, winery or foreign wholesaler designated to receive the order. The
bureau shall keep the 3rd copy on file.
[1997, c. 373, §128 (amd).]
F. No brewery, winery or foreign wholesaler may ship or release malt liquor or wine for delivery in Maine until notified by
the bureau that the excise tax has been paid in accordance with this section.
[1997, c. 373, §128 (amd).]
[1997, c. 373, §128 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§128
(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 - §1405. Bonded wholesale licensees
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1405. Bonded wholesale licensees
1. Procedures for bonded wholesale licensees. Bonded wholesale licensees shall order and purchase malt liquor and wine under the following procedures.
A. The bureau shall furnish all purchase order forms.
[1997, c. 373, §129 (amd).]
B. The bonded wholesale licensee shall complete the forms in triplicate.
[1987, c. 45, Pt. A, §4 (new).]
C. The bonded wholesale licensee shall submit the original copy to the brewery, winery or foreign wholesaler with whom he wishes
to place the order.
[1987, c. 45, Pt. A, §4 (new).]
D. The bonded wholesale licensee shall then mail to the bureau one copy of the form and retain one copy for the licensee's
files.
[1997, c. 373, §129 (amd).]
[1997, c. 373, §129 (amd).]
2. Corporate security bond. To secure payment of the excise tax and premium, each wholesale licensee shall file with the bureau a corporate surety bond
guaranteeing payment of the proper excise tax and premium due the State.
A. The bureau shall fix the amount and terms of the bond, subject to the following restrictions.
(1) The bond must be equal to the highest monthly excise tax and premium paid by the wholesale licensee during the period
of the prior year license, plus 10% of the highest month.
(2) New licensees desiring to furnish bond under this section shall furnish a corporate surety bond in an amount to be determined
by the bureau.
(3) All bonds must be provided and effective only for each licensed year.
[1997, c. 373, §130 (amd).]
B. Failure to pay the excise tax and premium when due is grounds for suspension of the license of the wholesale licensee.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §130 (amd).]
3. Payment of excise tax and premium. By filing the bond required in subsection 2, a wholesale licensee may pay monthly the excise tax imposed by section 1652
and the premium imposed by section 1703 on all malt liquor or wine shipped into the State as shown by invoice of the shipment
by the out-of-state wholesaler or certificate of approval holder.
A. The wholesale licensee shall pay the excise tax and premium by the 10th day of the calendar month following the month in
which shipment occurs.
[1987, c. 45, Pt. A, §4 (new).]
B. At the time of payment of the excise tax and premium, each Maine wholesale licensee shall file with the bureau in the form
prescribed by the bureau:
(1) A verified monthly report of all malt liquor or wine purchased or imported based on the date of shipment invoice during
the preceding calendar month; and
(2) Any additional information the bureau requires to compute and ensure the accuracy of the excise tax and premium payment
accompanying the report.
[1997, c. 373, §131 (amd).]
[1997, c. 373, §131 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§129-131
(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 - §1406. Report of changes in wholesale licensees and certificate of approval holders to bureau
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1406. Report of changes in wholesale licensees and certificate of approval holders to bureau
1. Certificate of approval holders must list wholesale licensees with bureau; changes. Each certificate of approval holder shall:
A. File with the bureau a list of the wholesale licensees who distribute their products in the State; and
[1997, c. 373, §132 (amd).]
B. Give written notice to the bureau and the wholesale licensee affected at least 90 days before any change in:
(1) Its wholesale licensees; or
(2) The territory of its wholesale licensee in the State.
[1997, c. 373, §132 (amd).]
[1997, c. 373, §132 (amd).]
2. Wholesale licensees must list certificate of approval holders with bureau; changes. Each wholesale licensee shall:
A. File with the bureau:
(1) A list of the certificate of approval holders for whom it distributes malt liquor or wine in the State; and
(2) A statement of the boundaries of its territories; and
[1997, c. 373, §132 (amd).]
B. Give written notice to the bureau and the certificate of approval holder affected at least 90 days before any change in:
(1) Its territory; or
(2) The distribution of its products.
[1997, c. 373, §132 (amd).]
[1997, c. 373, §132 (amd).]
3. Shortened waiting period before change. The bureau may shorten the waiting period before a change is made in the following situations.
A. A certificate of approval holder or a wholesale licensee may request a hearing before the bureau to shorten the waiting
period before a change is made. The bureau may, for cause, shorten the waiting period before approving a change in either
the wholesale licensee or the wholesale licensee's territory.
[1997, c. 373, §132 (amd).]
B. If both the certificate of approval holder and the wholesale licensee affected waive the 90-day waiting period by giving
the bureau written notice, then the bureau may immediately approve a change in either the wholesale licensee or the wholesale
licensee's territory.
[1997, c. 373, §132 (amd).]
[1997, c. 373, §132 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§132
(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 - §1407. Exclusive distributors of certificate of approval holders' products
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1407. Exclusive distributors of certificate of approval holders' products
1. Exclusive distributors. Except as provided in section 1454, the wholesale licensee appointed by the certificate of approval holder to be the exclusive
distributor for specific brands of liquor cannot be terminated as exclusive distributor of those specific brands upon the
voluntary or involuntary termination or transfer of the same brands of liquor by the certificate of approval holder who registered
the specific labels and established prices with the bureau. The certificate of approval holder acquiring these brands shall
take the place of the certificate of approval holder who appointed the distributors and shall comply with section 1406.
[1987, c. 342, §112 (amd).]
2. Unfair trade practice. A violation of this section shall be considered a violation of the Maine Unfair Trade Practices Act and all remedies provided
by that Act are available for a violation of this section.
[RR 1993, c. 1, §72 (cor).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§112
(AMD).
RR 1993,
Ch. 1,
§72
(COR).
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 - §1408. Posting of prices
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 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1408. Posting of prices
1. Posting by certificate of approval holders and bottlers. Certificate of approval holders and all licensed bottlers must post with the bureau the F.O.B. shipping point prices for
which they are selling malt liquor or wine to wholesale licensees.
[1987, c. 45, Pt. A, §4 (new).]
2. Posting by wholesale licensees. Wholesale licensees must post with the bureau the delivered prices for which they are selling malt liquor or wine to licensees
and all other entities or instrumentalities.
[1987, c. 45, Pt. A, §4 (new).]
3. Posted prices must include deposits. All prices posted must include deposits required on returnable items, including kegs.
[1987, c. 45, Pt. A, §4 (new).]
4. Price changes. Except as provided in paragraph A, certificate of approval holders and manufacturer's shall give written notice of price
changes to the bureau and their respective wholesale licensees at least 30 days before the effective date. Wholesale licensees
shall give written notice of their price changes to the bureau at least 15 days before the effective date. All price changes
are effective on the first day of the month.
A. The bureau may give written permission to certificate of approval holders, manufacturers or wholesale licensees to reduce
the notice period for price changes in specific instances.
[1997, c. 373, §133 (amd).]
[1997, c. 373, §133 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§113
(AMD).
PL 1997,
Ch. 373,
§133
(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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