Maine Revised Statutes Title 28-A Sec. 1504 – Samples of spirits products
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A person licensed under section 1502 as a sales representative for a spirits supplier may give a retail licensee samples of spirits under the following conditions: [PL 2021, c. 658, §260 (AMD).]
1. Invoice required. The spirits must be accompanied by an invoice;
[PL 2021, c. 658, §260 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1504
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2
- Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. 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 Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 On-premises retail licensee: means a person licensed to sell liquor to be consumed on the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2 Person: 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 licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises 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 Spirits: 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 Spirits supplier: means a person that provides spirits for sale by the bureau in the State, including:
A. See Maine Revised Statutes Title 28-A Sec. 2Wholesale spirits provider: means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption. 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. Product registered. The spirits must be listed by the commission for sale in this State and clearly labeled as a sample;
[PL 2021, c. 658, §260 (AMD).]
3. Taxes paid.
[PL 2019, c. 404, §28 (RP).]
3-A. Partial-bottle spirits samples.
[PL 2021, c. 658, §260 (RP).]
4. Sampling record; prohibited recipients. The sales representative who provides the sample shall maintain a log stating the names of the agency liquor store or on-premises retail licensee to whom a full-bottle sample is given under subsection 5 or the person to whom a partial-bottle sample of spirits is given under subsection 6 and the amount of that partial-bottle sample. The person to whom the sales representative gives spirits samples under this section may not be a minor or a visibly intoxicated person;
[PL 2021, c. 658, §260 (AMD).]
5. Full-bottle samples. The maximum amount of unopened full-bottle samples of spirits given to a retail licensee by a sales representative may not exceed 6 liters per year per distillery represented by that sales representative. Individual samples may not exceed one liter. A full-bottle sample is an unopened bottle of spirits provided to an agency liquor store or an on-premises retail licensee licensed to sell spirits;
[PL 2021, c. 658, §260 (AMD).]
6. Partial-bottle samples. Bottles of spirits designated for partial-bottle sampling must be properly sealed between samplings. Samples poured from a bottle of spirits designated for partial-bottle sampling may be provided only:
A. On the premises of a retailer licensed to sell spirits for on-premises consumption to the owner of or a supervisory or managerial employee of the retailer; or [PL 2021, c. 658, §260 (NEW).]
B. On the premises of an agency liquor store to the owner of or a supervisory or managerial employee of the agency liquor store; [PL 2021, c. 658, §260 (NEW).]
[PL 2021, c. 658, §260 (AMD).]
7. Records maintained. Records of samples given or received under this section must be maintained for a 2-year period by the sales representative and the retail licensee that gave or received the samples; and
[PL 2021, c. 658, §260 (AMD).]
8. Access to samples. A sales representative shall request samples from bailment inventory of a spirits supplier housed at the wholesale spirits provider‘s warehouse for the purposes described under this section.
[PL 2021, c. 658, §260 (AMD).]
SECTION HISTORY
PL 2007, c. 113, §1 (NEW). PL 2007, c. 695, Pt. E, §1 (AMD). PL 2011, c. 629, §§31, 32 (AMD). PL 2017, c. 35, §2 (AMD). PL 2019, c. 404, §28 (AMD). PL 2021, c. 658, §260 (AMD).