CHAPTER 501
H.P. 204 - L.D. 257
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA �708, as amended by PL 1995, c. 582, �1, is further amended to read:
�708. Prohibited discounts and rebates
1. Certificate of approval holders. A certificate of approval holder may not offer to wholesale licensees any special discounts, volume discounts or other reduced prices or discounts, except bona fide price reductions under section 1408 offered to all wholesale licensees. A certificate of approval holder may offer depletion allowances to wholesale licensees if the depletion allowance is posted in accordance with section 1408. A certificate of approval holder may not offer any free merchandise, rebate or gift contingent on the purchase of malt liquor or wine to the purchaser of an alcoholic beverage.
2. Wholesale licensees. A wholesale licensee may not offer to retail licensees any special discounts, volume discounts, depletion allowances, other reduced prices or discounts, or refunds except bona fide price reductions under section 1408 offered to all retail licensees. A wholesale licensee may not offer any free merchandise, rebate, refund or gift contingent on the purchase of malt liquor, wine or low-alcohol spirits to the purchaser of an alcoholic beverage.
3. Retail licensees. A retail licensee may not offer any free merchandise, rebate or gift contingent on the purchase of malt liquor or wine. A retail licensee may not offer any free merchandise, rebate or gift contingent on the purchase of spirits, except for mail-in rebate coupons redeemed by the manufacturer to the purchaser of any alcoholic beverage.
5. Combination packages. Notwithstanding subsection 3, agency liquor store licensees may offer for sale any package or combination of packages of spirits that the commission has approved for sale in state liquor stores.
This section does not prohibit a certificate of approval holder from including a mail-in offer, a certificate or merchandise in a package of beer, wine or low-alcohol spirits for sale by an off-premise retailer. The package containing the mail-in offer, certificate or merchandise must be packaged by the certificate of approval holders at the brewery or winery.
This section does not prohibit the unconditional distribution of merchandise to the patrons of an on-premise establishment.
Sec. 2. 28-A MRSA �709, sub-�1, �A, as amended by PL 1993, c. 266, �16, is further amended to read:
A. No licensee or employee or agent of a licensee may:
(1) Offer or deliver any free drinks liquor to any person or group of persons;
(2) Deliver more than 2 drinks, or a pitcher of malt liquor or carafe of wine containing more than one liter or 33.8 ounces, to one person at one time;
(3) Sell, offer to sell or deliver to any person or group of persons an unlimited number of drinks for a fixed price, except at private functions not open to the public;
(4) Encourage or permit, on the licensed premises, any game or contest which that involves drinking or the awarding of drinks as prizes; or
(5) Any other practice the specific purpose of which is to encourage customers of the licensee to drink to excess; and
Sec. 3. 28-A MRSA �1051, sub-�3, as enacted by PL 1987, c. 45, Pt. A, �4, is amended to read:
3. Liquor not to be consumed elsewhere. Except as provided in paragraphs A and B, no licensee for the sale of liquor to be consumed on the premises where sold may personally or by his an agent or employee, sell, give, furnish or deliver any liquor to be consumed elsewhere than upon the licensed premises. The service and consumption of liquor must be limited to areas that are clearly defined and approved in the application process by the bureau as appropriate for the consumption of liquor. Outside areas must be controlled by barriers and by signs prohibiting consumption beyond the barriers.
A. Subject to law and the rules of the commission bureau, hotel licensees may sell liquor in the original packages or by the drink to bona fide registered room guests. Any sale to a guest may be delivered to the guest's room only by a hotel employee.
B. A licensee may serve liquor at locations other than the licensed premises under the off-premise catering license issued under section 1052.
Sec. 4. 28-A MRSA �1652, sub-�2-B is enacted to read:
2-B. Failure to make payments. If a winery or brewery that has not filed an excise tax surety bond fails to make tax payments as required by this section, the bureau may immediately take back its license issued pursuant to section 1355, having the effect of voiding the license.
Sec. 5. 28-A MRSA �2077-A, as amended by PL 1993, c. 60, �3, is repealed.
Sec. 6. 28-A MRSA �2077-B is enacted to read:
�2077-B. Interstate shipping of liquor prohibited
1. Prohibition. A person may not sell, furnish, deliver or purchase liquor from an out-of-state company by mail order.
2. Penalty. A person who violates this section is subject to penalties listed in section 2075, subsection 4.
Effective September 19, 1997, unless otherwise indicated.
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