CHAPTER 535
H.P. 1701 - L.D. 2407
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the changes proposed by this Act need to take effect before the expiration of the 90-day period to enable a farm winery in this State to commence business; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §2, sub-§11-B is enacted to read:
11-B. Fortified wine. "Fortified wine" means:
A. Any liquor containing more than 15.5% alcohol by volume that is produced by the fermentation of fruit or other agricultural products containing sugar; and
B. Wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.
Sec. 2. 28-A MRSA §2, sub-§31, as amended by PL 1993, c. 462, §3, is further amended to read:
31. Spirits. "Spirits" means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of distilled spirits of any kind, including low-alcohol spirits products. "Spirits" does not include low-alcohol spirits products or fortified wine.
Sec. 3. 28-A MRSA §81, sub-§§1 and 2, as enacted by PL 1997, c. 373, §28, are amended to read:
1. Oversight of Bureau of Alcoholic Beverages and Lottery Operations. The commission shall monitor the operation of the alcohol bureau in its administration of the laws relating to the sale of spirits and fortified wine.
2. Advice. The commission shall advise the director of the alcohol bureau regarding the administration of the functions of the alcohol bureau. The commission may advise the Governor and the Legislature regarding issues relating to the operation of the alcohol bureau and the administration of the laws relating to the sale of spirits and fortified wine.
Sec. 4. 28-A MRSA §83, sub-§§1 to 4, as enacted by PL 1997, c. 373, §28, are amended to read:
1. Bureau of Alcoholic Beverages and Lottery Operations; rules. The alcohol bureau shall manage the sale, distribution and merchandising of spirits and fortified wine through state liquor stores, agency liquor stores and licensees. The alcohol bureau may establish rules and procedures for the administration of the state liquor laws under its jurisdiction. The rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. The day-to-day activities of the alcohol bureau are under the supervision of the Commissioner of Administrative and Financial Services and the director of the alcohol bureau.
2. Purchase. The alcohol bureau may buy and have in its possession spirits and fortified wine for sale to the public. The alcohol bureau shall buy spirits directly and not through the State Purchasing Agent. All spirits and fortified wine must be free from adulteration and misbranding.
3. Sell at retail. The alcohol bureau may sell at retail in state liquor stores in original packages, either over the counter or by shipment to points within the State, spirits of all kinds and fortified wine for consumption off the premises of state liquor stores operated under the direction of the alcohol bureau.
4. Enter into contracts. Subject to any applicable laws relating to public contracts, the alcohol bureau may enter into contracts or agreements and establish contract performance standards for the wholesale purchase of alcoholic beverages spirits and fortified wine.
Sec. 5. 28-A MRSA §84, sub-§1, as enacted by PL 1997, c. 373, §28, is amended to read:
1. Manage sale of alcoholic beverages. Manage the sale of alcoholic beverages spirits and fortified wine through state liquor stores, agency liquor stores and licensees in accordance with applicable laws and rules that provide for the operation of wholesale distribution of spirits and fortified wine;
Sec. 6. 28-A MRSA §1355, sub-§3, ¶A-1 is enacted to read:
A-1. A holder of a farm winery license may fortify wine produced by the farm winery license holder and import spirits solely for this purpose. If the farm winery license holder produces fortified wine pursuant to this paragraph, the combined total of wine, sparkling wine and fortified wine produced at the farm winery may not exceed 50,000 gallons per year. For purposes of this paragraph, "fortified wine" means wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective February 23, 2000.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
