HP1186, LD 1614, item 2, Document Text

Amend the bill in Part A by inserting after section 6 the following:

‘Sec. A-7. 28-A MRSA §83, as amended by PL 2013, c. 269, Pt. A, §2 and Pt. C, §3 and affected by §13 and repealed by c. 368, Pt. V, §18, is repealed.

Amend the bill in Part A in section 8 in §83-C by striking out all of subsection 1 (page 4, lines 38 to 40 in L.D.) and inserting the following:

‘ 1. Administration and trade marketing supervision. Manage the administration and trade marketing of spirits through agency liquor stores and consistent with one or more contracts awarded under section 90;’

Amend the bill in Part A by inserting after section 20 the following:

‘Sec. A-21. 28-A MRSA §803, sub-§1, as amended by PL 2003, c. 451, Pt. T, §12, is further amended to read:

1. Violation of law or rule. Upon discovering a violation of federal or state law, rule or regulation relating to liquor, or an infraction of a rule adopted by the bureau, the commissioner director of the bureau, or the commissioner's director's designee, shall:

A. Report the violation to the District Court Judge in a signed complaint; or

B. Issue warnings to the licensees involved.

Sec. A-22. 28-A MRSA §803, sub-§2, ¶A, as amended by PL 2009, c. 199, §7, is further amended to read:

A. The commissioner director of the bureau or the commissioner's director's designee shall notify the licensee or the licensee's agent or employee by serving on the licensee or the licensee's agent or employee a copy of the complaint and a notice stating the time and place of the hearing and that the licensee or the licensee's agent or employee may appear in person or by counsel at the hearing. Service of the complaint and hearing notice upon the licensee is sufficient when served in hand by the commissioner's director's designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the licensee at the time of the licensee's application for a license. Service of the complaint and hearing notice upon a licensee's agent or employee is sufficient when served in hand by the commissioner's director's designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the agent or employee at the time the agent or employee was initially notified by the bureau of the violation. The commissioner director or the commissioner's director's designee shall file proof of service with the District Court.

Sec. A-23. 28-A MRSA §803, sub-§6, as amended by PL 2003, c. 451, Pt. T, §13, is further amended to read:

6. Warnings. Upon the written recommendation of the commissioner director of the bureau, or the commissioner's director's designee, the District Court Judge, instead of notifying a licensee against whom a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to whom a warning is sent may demand a hearing by notifying the District Court Judge by registered or certified mail within 10 days from the date the warning was mailed.’

Amend the bill in Part B in section 2 by striking out all of subsection 1 (page 11, lines 11 to 18 in L.D.) and inserting the following:

‘ 1. Agent licensed to resell spirits purchased from the bureau. An agent licensed to resell spirits purchased from the bureau or through an entity awarded a contract under section 90 to a retail licensee licensed for on-premises consumption must be licensed as a reselling agent. A reselling agent is prohibited from reselling spirits to a retail licensee licensed for on-premises consumption unless the spirits are purchased from the bureau or through an entity awarded a contract under section 90.’

Amend the bill in Part B in section 3 in subsection 1-D in the 2nd and 3rd lines (page 11, lines 21 and 22 in L.D.) by striking out the following: " and fortified wine"

Amend the bill in Part B in section 4 in subsection 8 in the 2nd line (page 11, line 28 in L.D.) by inserting after the following: " bureau or" the following: ' through'

Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment removes certain references to fortified wine in the bill to be consistent with changes made in the bill that place the jurisdiction over distributing fortified wines with licensed distributors. It also makes changes to the provisions in current law governing the process for suspension and revocation of liquor licenses to reflect the transfer of responsibilities for liquor licensing from the Commissioner of Public Safety to the Director of the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial Services pursuant to Public Law 2013, chapter 368. The amendment also makes nonsubstantive clarifying changes to the bill.

HP1186 LD 1614	Session - 126th Maine Legislature C "A", Filing Number H-652, Sponsored by		LR 2415 Item 2
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