Maine Revised Statutes Title 28-A Sec. 1401 – Wholesale licenses
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1. Issuance of licenses. The bureau may issue licenses under this section for the in-state sale and distribution of malt liquor and wine at wholesale.
[PL 2021, c. 658, §234 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1401
- 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
- certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355?A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1401-A
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Licensee: 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. 2Person: means an individual, partnership, corporation, firm, association or other legal entity. 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 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
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 [PL 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. [PL 1987, c. 342, §109 (AMD).]
[PL 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.
[PL 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.
[PL 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 [PL 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. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 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.
[PL 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. For the purposes of this subsection, “sales representative” means an employee of a wholesale licensee whose primary duty is soliciting orders from or making sales to retail licensees.
[PL 2015, c. 387, §1 (AMD).]
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.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
9. Sales to licensees only. A licensee under this section may sell or distribute malt liquor and wine only to persons licensed for the retail sale of malt liquor and wine for on-premises or off-premises consumption in accordance with this Title.
[PL 2021, c. 658, §235 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §109 (AMD). PL 1997, c. 373, §123 (AMD). PL 2013, c. 476, Pt. A, §§29, 30 (AMD). PL 2015, c. 387, §1 (AMD). PL 2021, c. 658, §§234, 235 (AMD).