Maine Revised Statutes Title 28-A Sec. 2073-D – In-state transportation of malt liquor, wine or low-alcohol spirits products
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1. Prohibition. Except as provided in subsection 2 and section 2073?E, a person may not transport within the State more than 400 fluid ounces of malt liquor, more than 4 liters of wine and more than 4 liters of low-alcohol spirits products unless the malt liquor, wine or low-alcohol spirits products were legally purchased from:
A. An off-premises retail licensee; [PL 2021, c. 658, §270 (NEW).]
B. An in-state manufacturer authorized under section 1355?A to sell malt liquor, wine or low-alcohol spirits products for off-premises consumption; or [PL 2021, c. 658, §270 (NEW).]
[PL 2021, c. 658, §270 (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-D
- 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
- 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.
- 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. 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 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 Summons: Another word for subpoena used by the criminal justice system. 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
2. Exceptions. Notwithstanding subsection 1, a person may transport malt liquor, wine or low-alcohol spirits products within the State in the following circumstances.
A. An individual may transport within the State malt liquor, wine or low-alcohol spirits products in accordance with a permit issued under section 2073?C, subsection 2, paragraph B. [PL 2021, c. 658, §270 (NEW).]
B. A person may transport malt liquor or wine the person transported into the State pursuant to section 2073?C, subsection 2, paragraph C. [PL 2021, c. 658, §270 (NEW).]
C. A licensed in-state manufacturer of malt liquor, wine or low-alcohol spirits products may transport malt liquor, wine or low-alcohol spirits products produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport malt liquor, wine or low-alcohol spirits products produced by the manufacturer to:
(2) A wholesale licensee;
(3) Any location to which the licensed in-state manufacturer is authorized to transport its own products under section 1355?A;
(4) A warehouse operated by the licensed in-state manufacturer; or
(5) The state line for transportation outside the State. [PL 2021, c. 658, §270 (NEW).]
D. A wholesale licensee may transport malt liquor, wine or low-alcohol spirits products to an on-premises or off-premises retailer of malt liquor or wine in accordance with sections 713 and 1401. [PL 2021, c. 658, §270 (NEW).]
Each shipment of malt liquor, wine or low-alcohol spirits products transported within the State in accordance with paragraph B, C or D must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the malt liquor, wine or low-alcohol spirits products.
[PL 2021, c. 658, §270 (NEW).]
3. Penalties. The following penalties apply to violations of this section.
A. A person that transports within the State less than 1,300 fluid ounces of malt liquor, less than 40 liters of wine or less than 40 liters of low-alcohol spirits products 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, §270 (NEW).]
B. A person that transports within the State 1,300 or more fluid ounces of malt liquor, 40 or more liters of wine or 40 or more liters of low-alcohol spirits products 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, §270 (NEW).]
[PL 2021, c. 658, §270 (NEW).]
4. Evidence. The possession of more than 800 fluid ounces of malt liquor, more than 8 liters of wine or more than 8 liters of low-alcohol spirits products 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, §270 (NEW).]
5. Forfeiture. Notwithstanding section 2221?A, a court shall order malt liquor, wine or low-alcohol spirits products 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, §270 (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, §270 (NEW).]
[PL 2021, c. 658, §270 (NEW).]
SECTION HISTORY
PL 2021, c. 658, §270 (NEW).