CHAPTER 677
H.P. 1835 - L.D. 2571
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1052-A, as amended by PL 1997, c. 373, §86, is repealed.
Sec. 2. 28-A MRSA §1052-B is enacted to read:
§1052-B. Special taste-testing festival license
1. Special taste-testing festival license. Manufacturers of malt liquor or wine licensed as small breweries or farm wineries under section 1355 may apply jointly for an additional license to participate in a special taste-testing festival under this section. The special taste-testing festival license is valid for no more than 3 consecutive days and may be issued once annually.
2. Fee. The license fee for the special taste-testing festival license is $20 for each manufacturer of malt liquor and each manufacturer of wine.
3. Application. The licensees must apply jointly for a special taste-testing festival license by filing a written application with the bureau at least 5 days, not including Saturdays, Sundays or legal holidays, before the event. The application must include the following:
A. Name and address of each licensee;
B. Title and purpose of the event;
C. Date, time and duration of the event;
D. Location of the event;
E. The method by which the licensees will monitor the number of samples served to each person attending the festival; and
F. Approval by the municipal officers or a municipal official designated by the municipal officers of the municipality where the proposed special taste-testing festival will be located, which, notwithstanding section 653, may be granted without public notice.
4. Ruling on application. Upon receipt of the application, the bureau shall immediately approve or deny the application. The bureau shall advise the applicants that the license may be revoked or suspended under chapter 33.
5. Conditions on taste-testing festivals. The following conditions apply to taste-testing festivals under this section.
A. Licensees may not serve more than 12 4-ounce samples or any number of samples that total more than 48 ounces to any one person in one day.
B. Minors are prohibited from attending the special taste-testing festival unless accompanied by a parent or guardian.
C. Taste-testing must be conducted within the hours of retail sale established in this Title.
D. A person may not be charged a fee beyond the fee for admission for any malt liquor or wine served as part of a taste-testing festival.
E. Each person attending the festival must be given a card, tickets or some other mechanism to record the number of samples consumed.
F. The licensee must record each sample served.
G. A sample may not be served to a person unless the licensee has verified that the person has not reached the sample limit.
H. A person who is visibly intoxicated may not be served.
6. Excise taxes; premiums. A licensee must pay the appropriate excise taxes and premiums under sections 1652 and 1703 before the scheduled date of the special taste-testing festival.
Effective August 11, 2000, unless otherwise indicated.
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