Maine Revised Statutes Title 28-A Sec. 1368 – Retail sales and taste testing at farmers’ markets
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1. Farmers’ market defined. For purposes of this section, “farmers’ market” has the same meaning as in Title 7, section 415, subsection 1, paragraph A.
[PL 2019, c. 360, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1368
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Licensee: 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. 2Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Retail sale: means any single sale of liquor for consumption on or off the premises where sold and whether in the original package or as a mixed drink for immediate 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 Small distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small winery: means a person that ferments and ages:
A. See Maine Revised Statutes Title 28-A Sec. 2Spirits: 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 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. Retail sales and taste-testing events at farmers’ markets. Subject to the conditions set forth in this section and the applicable bylaws of the farmers’ market, a small brewery, small winery or small distillery licensed under section 1355?A or an employee of the licensee who is at least 21 years of age may sell or offer for taste testing at a farmers’ market any wine, spirits or malt liquor manufactured in the State by the licensee.
[PL 2019, c. 360, §6 (NEW).]
3. Conditions. The following conditions apply to retail sales and taste-testing events permitted under this section:
A. The licensee shall apply for authorization to conduct retail sales or taste-testing events at farmers’ markets using a form prescribed by the bureau and by paying an annual fee of $75. The licensee shall submit the application at least 30 days prior to the first date when the licensee will conduct retail sales or conduct a taste-testing event at a farmers’ market; [PL 2019, c. 360, §6 (NEW).]
B. Prior to each month during which the licensee wishes to conduct retail sales or taste-testing events at farmers’ markets, the licensee shall provide to the bureau a list of the date, time and location of each farmers’ market at which the licensee intends to conduct retail sales or taste-testing events and must receive approval from the bureau for that month. The bureau may request a diagram of the layout of each farmers’ market at which the licensee intends to conduct retail sales or taste-testing events; [PL 2019, c. 360, §6 (NEW).]
C. The licensee shall keep and maintain a record of the dates, times and locations of the licensee’s conduct of retail sales or taste-testing events at farmers’ markets under this section; [PL 2019, c. 360, §6 (NEW).]
D. The farmers’ market must consist of at least 6 separate stalls or booths that sell farm or food products, not including liquor, and must be authorized by the bureau under subsection 4; [PL 2019, c. 360, §6 (NEW).]
E. The stall or booth operated by the licensee at the farmers’ market is considered part of the licensed premises of the licensee for purposes of this chapter; [PL 2019, c. 360, §6 (NEW).]
F. All wine, spirits and malt liquor for retail sale must be prepackaged and sold by the bottle or case. The holder of a small distillery license may provide spirits for sale at a farmers’ market in the same manner as permitted under section 1355?A, subsection 5, paragraph G; [PL 2019, c. 360, §6 (NEW).]
G. The licensee may not charge a fee for samples at a taste-testing event under this section and may not serve spirits, wine or malt liquor to a minor or an individual who is visibly intoxicated. The licensee may not serve a taste-testing sample of more than 4 ounces of malt liquor, 1 1/2 ounces of wine or 1/2 ounce of spirits and may not serve an individual more than 6 samples per day; and [PL 2019, c. 360, §6 (NEW).]
H. All activities authorized under this section must be conducted within the hours of retail sales established in this Title and may not be conducted in any municipality where on-premises and off-premises sales are not allowed pursuant to chapter 5. [PL 2019, c. 360, §6 (NEW).]
[PL 2019, c. 360, §6 (NEW).]
4. Farmers’ market authorization. At least 30 days prior to the sale or taste testing of wine, spirits or malt liquor, a farmers’ market must obtain municipal approval to sell or conduct taste testing of wine, spirits and malt liquor under this section. If the farmers’ market is held on private property, the application must include a written statement signed by the owner of the property permitting the sale or taste testing of wine, spirits or malt liquor in accordance with this section.
[PL 2019, c. 360, §6 (NEW).]
5. Rules. The bureau may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2019, c. 360, §6 (NEW).]
SECTION HISTORY
PL 2019, c. 360, §6 (NEW).