Maine Revised Statutes Title 28-A Sec. 2073-B – In-state transportation of spirits
Current as of: 2023 | Check for updates
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1. Prohibition. Except as provided in subsection 2, section 1201?A or section 2073?E, a person may not transport more than 4 liters of spirits within the State unless the spirits were legally purchased from:
A. An agency liquor store; or [PL 2021, c. 658, §268 (NEW).]
B. An in-state manufacturer authorized under section 1355?A to sell spirits for off-premises consumption. [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 28-A Sec. 2073-B
- 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
- Bottler: means a person that packages spirits, wine or malt liquor for sale in containers and is not engaged in distilling, brewing, fermenting or rectifying liquor. 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. 2Commission: 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fortified wine: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Liquor: 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. 2Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. 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 Rectifier: means a person that produces spirits or low-alcohol spirits products by combining spirits with other products. See Maine Revised Statutes Title 28-A Sec. 2 Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-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 Small 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. 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 Summons: Another word for subpoena used by the criminal justice system. Tenant winery: means a person who has been issued an approved application for an alternating proprietorship from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce wine or hard cider at a manufacturing facility of another winery who is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Wholesale 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 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 Winery: means a person that ferments and ages wine. See Maine Revised Statutes Title 28-A Sec. 2
2. Exceptions. Notwithstanding subsection 1, a person may transport spirits within the State in the following circumstances.
A. An individual may transport spirits within the State in accordance with a permit issued under section 2073?A, subsection 2, paragraph B. [RR 2021, c. 2, Pt. A, §102 (COR).]
B. A person may transport spirits the person transported into the State pursuant to section 2073?A, subsection 2, paragraph C to:
(3) A winery, small winery or tenant winery licensed under section 1355?A, for the production of fortified wine; or
(4) A brewery, small brewery or tenant brewery licensed under section 1355?A, for the production of low-alcohol spirits products containing malt liquor. [PL 2021, c. 658, §268 (NEW).]
C. A licensed in-state manufacturer of spirits may transport spirits produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport spirits produced by the manufacturer to:
(1) A warehouse designated by the commission under section 81;
(2) A bottler or rectifier licensed under section 1355?A;
(3) A winery, small winery or tenant winery licensed under section 1355?A, for the production of fortified wine;
(4) A brewery, small brewery or tenant brewery licensed under section 1355?A, for the production of low-alcohol spirits products containing malt liquor;
(5) Any location to which the licensed in-state manufacturer of spirits is authorized to transport its own products under section 1355?A; or
(6) The state line for transportation outside the State. [PL 2021, c. 658, §268 (NEW).]
D. The wholesale spirits provider may transport spirits between warehouses designated by the commission under section 81 or to agency liquor stores as provided in section 503. [PL 2021, c. 658, §268 (NEW).]
E. A reselling agent may transport spirits to on-premises retail licensees as provided in section 459. [PL 2021, c. 658, §268 (NEW).]
Each shipment of spirits transported within the State in accordance with paragraph B, C, D or E must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits.
[RR 2021, c. 2, Pt. A, §102 (COR).]
3. Penalties. The following penalties apply to violations of this section.
A. A person that transports within the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged. [PL 2021, c. 658, §268 (NEW).]
B. A person that transports within the State a quantity of 40 or more liters of spirits in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A. [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
4. Evidence. The possession of more than 8 liters of spirits in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.
[PL 2021, c. 658, §268 (NEW).]
5. Forfeiture. Notwithstanding section 2221?A, a court shall order spirits transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:
A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or [PL 2021, c. 658, §268 (NEW).]
B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B. [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
SECTION HISTORY
PL 2021, c. 658, §268 (NEW). RR 2021, c. 2, Pt. A, §102 (COR).