HP1276
LD 1783
Session - 126th Maine Legislature
 
LR 2727
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Expand Consumer Choice for Wine

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA §1201, sub-§2,  as amended by PL 1997, c. 373, §105, is further amended to read:

2. Ineligible as licensee.   The Except as provided in section 1209, the bureau may not issue a license for the sale of malt liquor or wine to any person who is not engaged in a bona fide retail business other than the sale of malt liquor or wine at retail.

Sec. 2. 28-A MRSA §1209  is enacted to read:

§ 1209 Sale of wine by auction

Notwithstanding any provision to the contrary in section 1201, chapter 55 or chapter 57, this section governs wine auctions.

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Auction licensee" means a wine auction house issued a license pursuant to this section.
B "Fine and rare wine" means a fine and rare wine that is not available for purchase in this State through a retailer or wholesaler.
C "Private collection" means fine and rare wine owned by a person for consumption or investment purposes who is not a retailer or wholesaler.
D "Wine auction" means an event at which a wine auction house sells by auction fine and rare wines from a private collection to private collectors, retailers and wholesalers.
E "Wine auction house" means a person that is not a retailer or wholesaler and that conducts a wine auction of fine and rare wine owned by or consigned to the wine auction house.
2 Prohibition.   A wine auction house may not conduct a wine auction without a license pursuant to this section.
3 License; fee.   Subject to the conditions in this section, the bureau may issue a license to conduct a wine auction to a wine auction house. A license issued pursuant to this subsection is valid for one calendar year. The license fee per calendar year is $50.
4 Conditions.   The following conditions apply to a wine auction licensed under this section.
A The auction licensee shall notify the bureau of the date and time scheduled for the wine auction and shall submit a list of fine and rare wines to be auctioned. The list of wines to be auctioned must identify the country of origin of each fine and rare wine.
B The auction licensee shall collect registration information as determined by the bureau by rule from each person attending the wine auction, which must include, at a minimum, the name and address of the person, and shall submit the registration information to the bureau.
C The auction licensee shall notify the bureau of each sale of fine and rare wine at the wine auction.
D Fine and rare wine sold at the wine auction may not be opened or consumed at the wine auction.
E The auction licensee shall ensure that the recipient of fine and rare wine sold at the wine auction is 21 years of age or older.
F The wine auction must be held on the premises of an off-premise retail licensee or on-premise retail licensee.
G Each container of fine and rare wine auctioned must have a permanently affixed label indicating that the fine and rare wine was acquired from a private collection.
H A wine auction house may not conduct more than 12 wine auctions per year.
I Fine and rare wine to be sold at auction may not be stored on the premises where the wine auction is conducted.
5 Sales and use tax.   An auction licensee shall comply with the provisions of Title 36, Part 3 including all requirements relating to the collection, reporting and remittance of the sales and use taxes of the State on sales of fine and rare wine at a wine auction.
6 Beverage container deposit.   Containers of fine and rare wine that are not labeled in accordance with Title 32, section 1865 and are sold at a wine auction pursuant to this section are not subject to Title 32, chapter 28.
7 Purchase and resale by wholesalers and retailers.   A wholesaler or retailer may purchase fine and rare wine offered at a wine auction conducted pursuant to this section and may resell that fine and rare wine.
8 Rules.   The bureau shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

summary

This bill allows a person who is not a retailer or wholesaler licensed to sell wine or malt liquor in the State to auction fine and rare wines from a private collection to private collectors, retailers and wholesalers under certain conditions.


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