‘An Act Regarding Taste-testing Event Licenses’
| SP0628 LD 1637 |
Session - 126th Maine Legislature C "A", Filing Number S-475, Sponsored by
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LR 2483 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act Regarding Taste-testing Event Licenses’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current ambiguity in the law regarding the conduct of special licensed events for the taste testing of alcoholic beverages is having a negative impact on the promotion of craft breweries and wineries in the State; and
Whereas, it is important to resolve this ambiguity as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 28-A MRSA §709, sub-§2, ¶E, as amended by PL 2011, c. 629, §12, is further amended to read:
Sec. 2. 28-A MRSA §1052-B, as amended by PL 2013, c. 345, §3; c. 351, §§1 and 2; and c. 368, Pt. XXXX, §1 and affected by §13, is repealed.
Sec. 3. 28-A MRSA §1052-C, as amended by PL 2011, c. 629, §18, is repealed.
Sec. 4. 28-A MRSA §1052-D is enacted to read:
§ 1052-D. Taste-testing event license
A sponsored manufacturer licensed in another state may participate in the taste-testing event in the same manner and subject to the same conditions as a manufacturer licensed under section 1355-A or a person who has been granted a certificate of approval if:
Nothing in this section prohibits a manufacturer licensed under section 1355-A or a manufacturer who has received a certificate of approval from sponsoring more than one sponsored manufacturer.
(1) The 12-sample limit does not apply when the licensee provides a variety of substantial food offerings to patrons of the taste-testing event. For the purposes of this subparagraph, "substantial food" does not include offerings such as prepackaged snacks, pretzels, peanuts, popcorn or chips; and
(2) The sample-size and 12-sample limit do not apply when a licensee includes, as part of a taste-testing event, a multicourse sit-down meal designed to pair food with complementing alcoholic beverages. This exception applies only at a taste-testing event that is designed to promote the food and beverage or hospitality industry at which at least 50% of the vendors represent and promote a business other than the manufacture or distribution of liquor.
Sec. 5. 28-A MRSA §1361, sub-§2, as amended by PL 2007, c. 539, Pt. QQQ, §1, is further amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
summary
This amendment replaces the bill. The amendment repeals 2 provisions in current law that establish a special taste-testing festival license and a special food and beverage industry taste-testing event license and replaces them with one taste-testing event license that allows for sampling of malt liquor, wine and spirits. Under this amendment, a taste-testing event license may be issued to a manufacturer or distributor who has been issued a certificate of approval from the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. It also allows for a certificate of approval holder to sponsor manufacturers or distributors who have not been issued a certificate of approval so that they may take part in the taste-testing event. A certificate of approval holder may take part in up to 10 licensed events per year. An event may last up to 4 consecutive days.
Under the amendment, a taste-testing event must be held in a venue with clearly defined points of entry that prohibit the consumption of alcoholic beverages outside the designated area. A patron of the event pays a single admission price for the event and is not charged for samples provided. Taste-testing event licensees must ensure that persons who are intoxicated may not be served at the event and that samples of malt liquor, wine or spirits are not presented in a manner that permits patrons to help themselves. Minors are prohibited from the event unless the taste testing takes place in an area of the venue where minors are not allowed. Those providing the samples to patrons must wear identification, such as a badge, so that a person being served a sample can clearly read the name of the manufacturer or distributor providing the sample. The amendment also requires that an affidavit be provided to the bureau attesting that those pouring samples have not been found in violation of a law governing the service of alcohol to minors. Sample sizes are limited to 4 ounces of malt liquor, 1 1/2 ounces of wine and 1/2 ounce of spirits. The overall sample limit is 12 samples per person, per day of the event. The amendment also provides for certain exceptions to the sample size and overall limits.
Spirits provided for taste testing at the event must be spirits that are listed for sale by the Bureau of Alcoholic Beverages and Lottery Operations. The amendment provides that all required taxes on liquor served at the event must be paid in advance. Empty bottles of liquor not listed for sale in the State must be removed from the State after the event. The amendment requires that the Bureau of Alcoholic Beverages and Lottery Operations create a pamphlet or similar document, available on the bureau's publicly accessible website, that describes the requirements and conditions of the event, including generally applicable laws.
The amendment also provides that a limited certificate of approval currently available to wine manufacturers who ship less than 120 gallons of wine into the State per year is also available to manufacturers of malt liquor subject to the same gallon limit.