An Act to Update and Clarify Certain Provisions of State Liquor and Lottery Laws

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 323 - L.D. 494
An Act to Update and Clarify Certain Provisions of State Liquor and Lottery
Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain provisions in this legislation relate to businesses that cater to
tourists, and the Legislature recognizes that the tourism season is crucial for the State's
economy and public well-being; and
Whereas, the tourism season, which brings millions of visitors and significant
revenue to the State, relies on a regulated and enjoyable environment, including accessible
and responsible alcohol sales; and
Whereas, for these reasons, this legislation needs to take effect before the expiration
of the 90-day period; 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:
PART A
Sec. A-1. 28-A MRSA §2, sub-§15, ¶N-2 is enacted to read:
N-2. "Purveyor of spirits" means an agency liquor store licensed by the bureau under
section 462 to conduct unlimited spirits taste-testing events on the agency liquor store's
licensed premises.
Sec. A-2. 28-A MRSA §2, sub-§33-A, as enacted by PL 2021, c. 658, §32, is
amended to read:
33-A. Vessel. "Vessel" means a ship, vessel or boat of any kind used for navigation
of the coastal waters or for commercial navigation of inland waters and licensed for
APPROVED
JUNE 10, 2025
BY GOVERNOR
CHAPTER
230
PUBLIC LAW
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carrying no fewer than 25 12 passengers under the requirements of the Public Utilities
Commission or the United States Coast Guard.
Sec. A-3. 28-A MRSA §10, sub-§1, as amended by PL 2021, c. 658, §44, is further
amended to read:
1. Class A restaurant or restaurant and off-premises retail licensee on same
premises not prohibited. If a portion of the premises is licensed as an off-premises retail
licensee, no provision within this Title may not be construed to prohibit issuance of a Class
III or Class IV license to the same licensee for a restaurant or Class A restaurant for the
remaining portion of the premises, as long as necessary qualifications are maintained for
each separately licensed area and food is available for free or purchase at all times that
liquor is sold for on-premises consumption.
Sec. A-4. 28-A MRSA §10, sub-§2-B, as amended by PL 2021, c. 658, §§45 and
46, is further amended to read:
2-B. Access exception. Notwithstanding subsection 2, there may be access between
the 2 licensed areas by the public as provided by this subsection.
A. There may be access between the 2 licensed areas when there is a clear delineation
of space, by a wall or permanent barrier that separates the 2 licensed areas and allows
only one clearly defined and controlled point of access for patrons between the licensed
establishments. The controlled point of access is not required to include a door that
must be physically opened and closed.
B. When access between the 2 licensed areas exists for patrons of either establishment,
all food must be available for free or purchase at all times that malt liquor and wine is
sold for on-premises consumption must be served by an employee of the licensed on-
premises establishment and:.
(1) Must be accompanied by a full meal prepared in a separate and complete
kitchen on the premises of the on-premises establishment if the on-premises
establishment is a Class A restaurant; or
(2) Must be accompanied by a full meal or a hot or cold meal prepared in a separate
and complete kitchen on the premises of the on-premises establishment if the on-
premises establishment is a restaurant. For purposes of this subparagraph, a "hot
or cold meal" means a meal consisting of food items that customarily appear on a
restaurant menu, including, but not limited to, sandwiches, salads, hamburgers,
cheeseburgers, hot dogs and pizza. A meal consisting solely of prepackaged snack
foods such as popcorn, chips or pretzels is not a "hot or cold meal" within the
meaning of this subparagraph.
C. Malt liquor or wine sold or served on the premises may not be transported by a
patron or employee of either establishment from one licensed area to another. The
licensee shall ensure that easily readable signs are conspicuously posted to inform the
public that transfer of malt liquor or wine from one licensed area to another is strictly
prohibited.
Sec. A-5. 28-A MRSA §13, as repealed and replaced by PL 2021, c. 658, §49, is
amended to read:
§13. Low-alcohol spirits products sold by malt liquor or wine licensees
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1. Retail sales. Notwithstanding any provision of this Title to the contrary, a person
licensed to sell malt liquor or wine for on-premises or off-premises consumption may also
sell low-alcohol spirits products. All provisions of this Title applicable to wine, except
chapters 65 and 67, apply to low-alcohol spirits products when sold by persons licensed to
sell wine for on-premises or off-premises consumption.
2. Wholesale sales. Notwithstanding any provision of this Title to the contrary, a
person licensed under section 1401 as an in-state wholesaler of malt liquor or wine may
also sell and distribute low-alcohol spirits products.
Sec. A-6. 28-A MRSA §453-C, sub-§1, as amended by PL 2021, c. 658, §70, is
further amended to read:
1. License to resell spirits purchased from the bureau; fortified wine sale
permitted. An agency liquor store may not resell spirits purchased from the bureau to a
retail licensee licensed for on-premises consumption unless the agency liquor store is
licensed as a reselling agent under this section. 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. A reselling agent may sell fortified wine to a retail licensee
for on-premises consumption.
Sec. A-7. 28-A MRSA §462 is enacted to read:
§462. Purveyor of spirits
1. License. An agency liquor store may obtain a purveyor of spirits license to conduct
unlimited taste-testing events as provided in this section.
2. License fee. The fee for a purveyor of spirits license is $500.
3. Eligibility. An agency liquor store is eligible for a purveyor of spirits license if it
meets the following criteria:
A. The agency liquor store has in stock a minimum of 1,500 different product codes.
For the purposes of this paragraph, "product code" has the same meaning as in section
461; and
B. At least 50% of the agency liquor store sales are from the sale of liquor.
4. Conditions for conducting taste-testing events. The conditions under this
subsection apply to taste-testing events under this section.
A. Spirits may not be served to a person who has not yet attained 21 years of age.
B. A person who is visibly intoxicated may not be served.
C. Spirits served at a taste-testing event under a purveyor of spirits license must be:
(1) Provided by the agency liquor store;
(2) Purchased at the retail price by a licensed sales representative participating in
the taste-testing event from existing stock available for purchase at the agency
liquor store; or
(3) Provided by a licensed sales representative participating in the taste-testing
event or a spirits supplier, including those licensed under section 1355-A,
participating in the taste-testing event and purchased in the State at the retail price.
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The purveyor of spirits shall maintain and make available to the bureau a record of
transactions under this subparagraph.
D. Spirits may be poured for the taste-testing event only by the owner or an employee
of the agency liquor store, by a sales representative licensed under section 1502 or by the
spirits supplier.
5. Mixed drinks. The purveyor of spirits licensee may provide mixed drinks
containing spirits for a taste-testing event.
6. Spirits containers used for taste-tasting events. Spirits containers that have been
opened for a taste-testing event must be resealed and stored in an area not accessible by the
public after the taste-testing event.
7. Rules. The bureau may 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.
Sec. A-8. 28-A MRSA §708, sub-§6, as amended by PL 2017, c. 153, §1, is further
amended to read:
6. Marketing and mail-in promotions. Upon approval by the commission,
promotional materials designed to encourage a consumer to purchase a spirits product to
be attached to or displayed near the spirits product where it is offered for sale for off-
premises consumption may be offered by those whose spirits products are listed by the
commission. Upon approval by the commission, a mail-in rebate may be provided to
consumers through print or electronic media, attached to the spirits product or displayed
near the spirits product where the spirits product is offered for sale for off-premises
consumption. Mail-in rebates approved by the commission must be redeemed by the
manufacturer and not by the retail licensee and may not exceed the purchase price of the
spirits product. Mail-in rebates authorized by this subsection must require the inclusion of
the original dated sales receipt for the spirits product to which the rebate is applied. The
commission may approve mail-in rebates that offer an incrementally greater discount based
upon increased volume of purchased product. Mail-in rebates, certificates or merchandise
included with a spirits product must be inserted in the package or attached to the package
by the manufacturer or manufacturer's designated broker.
Sec. A-9. 28-A MRSA §709, sub-§2, ¶I, as amended by PL 2021, c. 658, §104,
is further amended to read:
I. Conducting taste testing under section 460, 462, 1051, 1205, 1207, 1368 or 1402;
Sec. A-10. 28-A MRSA §1012, sub-§3, as amended by PL 2023, c. 285, §1, is
further amended to read:
3. Off-premises catering license. A club licensed to sell spirits, wine and malt liquor
or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed restaurant,
licensed Class A lounge, licensed hotel, licensed bed and breakfast, licensed golf course,
licensed auditorium, licensed civic auditorium or licensed performing arts center may
obtain a license to conduct off-premises catering of the same type or types of liquor that
the establishment may sell pursuant to the establishment's underlying club, Class A
restaurant, Class A restaurant/lounge, restaurant, Class A lounge, hotel, bed and breakfast,
golf course, auditorium, civic auditorium or performing arts center license as provided in
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section 1052. The fee for an off-premises catering license is $10 per calendar day of the
event or gathering.
Sec. A-11. 28-A MRSA §1052, sub-§1, as amended by PL 2023, c. 285, §2, is
further amended to read:
1. Off-premises catering license for sale of liquor. A club licensed to sell spirits,
wine and malt liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge,
licensed restaurant, licensed Class A lounge, licensed hotel, licensed bed and breakfast,
licensed golf course, licensed auditorium, licensed civic auditorium or licensed performing
arts center may apply for an additional license to conduct off-premises catering at planned
events or gatherings to be held at locations other than the licensee's premises under this
section.
Sec. A-12. 28-A MRSA §1052, sub-§3-A, as amended by PL 2023, c. 285, §3, is
further amended to read:
3-A. Type of liquor. An off-premises catering licensee may sell at an event described
in subsection 3 only the type or types of liquor that the licensee is authorized to sell pursuant
to the licensee's underlying club, Class A restaurant, Class A restaurant/lounge, restaurant,
Class A lounge, hotel, bed and breakfast, golf course, auditorium, civic auditorium or
performing arts center license.
Sec. A-13. 28-A MRSA §1061, sub-§1, as amended by PL 1995, c. 270, §1, is
further amended to read:
1. Issuance of licenses. The bureau may issue licenses under this section for the sale
of spirits, wine and malt liquor to be consumed on the premises to hotels, as defined in
section 2, subsection 15, paragraph H as long as the hotel has a minimum of 4 guest rooms
and is licensed by the Department of Health and Human Services, as required by rule.
Sec. A-14. 28-A MRSA §1061, sub-§4, as amended by PL 1995, c. 270, §1, is
repealed.
Sec. A-15. 28-A MRSA §1061, sub-§5 is enacted to read:
5. Consumer transport of liquor within hotel. A licensed hotel may permit
consumers to transport spirits, wine or malt liquor purchased in areas designated for the
consumption of spirits, wine or malt liquor to individual guest rooms.
Sec. A-16. 28-A MRSA §1068, as amended by PL 1997, c. 373, §92, is repealed.
Sec. A-17. 28-A MRSA §1069-A, as amended by PL 1997, c. 373, §93, is repealed.
Sec. A-18. 28-A MRSA §1070, as amended by PL 2021, c. 658, §§185 and 186, is
further amended to read:
§1070. Civic Auditoriums; civic auditoriums; outdoor stadiums; and performing arts
centers
1. Issuance of licenses. The bureau may issue licenses to auditoriums, civic
auditoriums as defined in section 2, subsection 15, paragraph C, outdoor stadiums and
performing arts centers under this section for the sale of spirits, wine and malt liquor. The
license may be issued to the owner of the civic auditorium, or the operator of the
auditorium, civic auditorium, outdoor stadium or performing arts center or to the entity
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providing spirits, wine and malt liquor to the public in the auditorium, civic auditorium,
outdoor stadium or performing arts center.
2. Events on licensed premises only. Licenses issued to civic auditoriums may be
used only in conjunction with a function or event held on the licensed premises.
3. No sales during events for minors. Licensees may not sell spirits, wine or malt
liquor during any school activities or events primarily attended by minors in the rooms
where these activities are taking place.
5. Bottle service of spirits; designated areas. A civic auditorium licensee under this
section may sell spirits in original containers for service in a civic auditorium club suite
under the following conditions:
A. Spirits to be consumed in the club suite must be provided exclusively by the civic
auditorium licensee;
B. Spirits containers provided for consumption in the club suite must remain in the
club suite for the duration of the event for which they were provided; and
C. The number of spirits containers provided for consumption in the club suite may
not exceed 6; and
D. The registered tenant of the club suite or individual specifically granted access to
the club suite by the civic auditorium licensee must sign a contract with the auditorium,
civic auditorium, outdoor stadium or performing arts center agreeing that no any person
under who has not attained 21 years of age will not be provided or served liquor in the
club suite.
For the purposes of this subsection, "venue" means the licensed premises of an auditorium,
civic auditorium, outdoor stadium or performing arts center. For purposes of this
subsection, "club suite" means a designated area within a civic auditorium designed venue
to provide premium viewing of an event in the auditorium venue and to which access is
limited to registered tenants, invited guests and those who have been specifically granted
access by the operator of the civic auditorium venue and is not accessible to the public or
civic auditorium venue patrons with tickets that provide for general admission to that event
at the auditorium venue. A club suite must have a clearly designated point of access for
the registered tenant or person specifically granted access by the operator of the civic
auditorium venue to ensure that persons present in the suite are limited to invited guests
and employees providing services to the club suite.
Sec. A-19. 28-A MRSA §1074, as repealed and replaced by PL 2023, c. 405, Pt.
A, §103, is repealed.
PART B
Sec. B-1. 8 MRSA §372, sub-§2, ¶K, as enacted by PL 2019, c. 13, §4, is amended
to read:
K. Beginning February 15, 2020, submit a report annually, subject to the approval of
the commission, to the Governor and the joint standing committees of the Legislature
having jurisdiction over lottery matters and appropriations and financial affairs. The
joint standing committee of the Legislature having jurisdiction over lottery matters may
submit to the Legislature legislation based on the report. The report must include:
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(1) A list of the decisions made by the commission and resulting actions for the
preceding calendar fiscal year relevant to lottery operations;
(2) A complete statement of lottery revenues, prize disbursements and expenses
and appropriations from the General Fund, if any, for the preceding calendar fiscal
year;
(3) A 5-year history of the account used to manage lottery operations, which must
include the amount of revenues deposited into the State Lottery Fund and the
amounts transferred to the General Fund;
(4) A detailed statement of the expenditures made to promote lottery sales through
marketing, advertising and recruitment of agents for the preceding calendar fiscal
year;
(5) A description of the lottery marketing and advertising activities for the
preceding calendar fiscal year. The description must identify each radio station
and television station, if any, that broadcast or distributed the advertising;
(6) For each radio station and television station identified pursuant to
subparagraph (5), the format of advertising activity and amount of the expenditures
for the preceding calendar fiscal year associated with each station; and
(7) Any recommendations for changes to this chapter.
Sec. B-2. 28-A MRSA §84, sub-§7, as enacted by PL 2019, c. 13, §9, is amended
to read:
7. Annual report. Beginning February 15, 2020, submit a report annually, subject to
the approval of the commission, to the Governor and the joint standing committees of the
Legislature having jurisdiction over alcoholic beverage matters and appropriations and
financial affairs. The joint standing committee of the Legislature having jurisdiction over
alcoholic beverage matters may submit to the Legislature legislation based on the report.
The report must include:
A. A complete statement of the revenues and expenses for the bureau for the preceding
calendar fiscal year;
B. A complete statement of the information required by section 83‑B, subsection 11
for the preceding calendar fiscal year;
C. A complete statement of the information required by section 83‑C, subsection 7 for
the preceding calendar fiscal year;
D. The information required by section 83‑C, subsection 9; and
E. Any recommendations for changes to this Title.
PART C
Sec. C-1. 28-A MRSA §707, sub-§2, as amended by PL 1993, c. 730, §30, is
further amended to read:
2. Licensee must may not receive anything of value or give things of value. No A
licensee or applicant for a license may not receive, directly or indirectly, any money, credit,
thing of value from any person within or without the State, cash or gift cards, indorsement
of commercial paper, guarantee of credit or financial assistance of any sort from any person
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within or without the State or things of value aggregating in an amount that exceeds $750
annually, if the person is:
A. Engaged, directly or indirectly, in the manufacture, distribution, wholesale sale,
storage or transportation of liquor; or
B. Engaged in the manufacture, distribution, sale or transportation of any commodity,
equipment, material or advertisement used in connection with the manufacture,
distribution, wholesale sale, storage or transportation of liquor.
The bureau may not impose a limit on the amount of things of value that are in use by or
in the possession of a licensee at any one time, as long as the things of value were given to
a licensee within the annual limits established by this subsection.
A licensee may not give things of value with the intent to induce a retailer to purchase
liquor from the licensee to the exclusion, in whole or in part, of liquor offered for sale by
other persons.
Nothing in this This subsection prevents does not prevent an affiliate of a licensee from
receiving money for sponsorship of a transportation system for transporting the public or
for sponsorship of specific sporting events and cultural events as long as the licensee does
not receive any payment or thing of value from the public transportation system or the
sporting and cultural events and as long as such an affiliate does not derive any portions of
its revenues from the licensee. All sponsorships must have prior written approval of the
bureau. The bureau shall adopt rules implementing this paragraph.
Sec. C-2. 28-A MRSA §707, sub-§7, as amended by PL 2021, c. 8, §1, is further
amended to read:
7. Exceptions. This section does not prohibit:
A. A manufacturer or out-of-state wholesaler from extending the usual and customary
credit to a wholesale licensee for the purchase of malt liquor or wine;
B. A manufacturer or out-of-state wholesaler from furnishing materials and equipment
for the use of a wholesale licensee or the wholesale licensee's employees, including:
(1) Painting the wholesale licensee's vehicles;
(2) Supplying legal advertising signs used by the wholesale licensee in the course
of the wholesale licensee's business; and
(3) Supplying uniforms for the employees of the wholesale licensee; or
C. A manufacturer licensed under section 1355‑A from selling and shipping its
products to an individual in another state for personal use and not for resale, as long as
the sale and shipment are authorized by and conducted in accordance with the
requirements of the law of the state where the shipment is delivered.;
D. A manufacturer, distributor or out-of-state wholesaler from engaging in the bona
fide sale of goods to a licensee or applicant for a license, if the amount paid for those
goods by the licensee or applicant for a license is of fair market value; or
E. A wholesale licensee or certificate of approval holder, including on behalf of a
brand the wholesale licensee or certificate of approval holder supplies or manufactures,
from entering into a written agreement under section 707-B with an eligible licensee
for:
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(1) The purchase of advertising space or time on or within the licensed premises,
including, but not limited to, physical signage, digital media and naming rights to
portions of the venue;
(2) The sponsorship of events, event series or designated areas within the venue,
including lounges, beverage stations and hospitality zones; and
(3) The co-branding or cross-promotion of events in conjunction with the licensee,
as long as co-branding or cross-promotion does not result in direct or indirect
control over the operations of the licensee.
Sec. C-3. 28-A MRSA §707, sub-§9 is enacted to read:
9. Rules. The bureau shall adopt rules implementing this section. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
Sec. C-4. 28-A MRSA §707-B is enacted to read:
§707-B. Advertising and sponsorship agreements at licensed venues
1. Definitions. For the purposes of this section, unless the context otherwise indicates,
the following terms have the following meanings.
A. "Brand" means a product name of malt liquor, wine or spirit authorized for sale in
the State by a certificate of approval holder or wholesaler.
B. "Venue" means the licensed premises of an auditorium, civic auditorium, outdoor
stadium or performing arts center.
2. Advertising permitted. Notwithstanding any provision of this Title to the contrary,
a wholesale licensee or certificate of approval holder, including on behalf of a brand the
wholesale licensee or certificate of approval holder supplies or manufactures, may engage
in advertising or sponsorship activities with a licensee described in subsection 3, subject to
the conditions and limitations set forth in this section.
3. Eligible licensees. This section applies only to a venue licensee under section 1070.
4. Permitted activities. A wholesale licensee or certificate of approval holder,
including on behalf of a brand the wholesale licensee or certificate of approval holder
supplies or manufactures, may enter into a written agreement with an eligible licensee in
accordance with subsection 5 for:
A. The purchase of advertising space or time on or within the licensed premises,
including, but not limited to, physical signage, digital media and naming rights to
portions of the venue;
B. The sponsorship of events, event series or designated areas within the venue,
including lounges, beverage stations and hospitality zones; and
C. The co-branding or cross-promotion of events in conjunction with the licensee, as
long as the co-branding or cross-promotion does not result in direct or indirect control
over the operations of the licensee.
5. Conditions of authorization. A written agreement under subsection 4 is permitted
only if:
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A. The agreement is in writing and retained by the licensee and made available to the
bureau upon request;
B. The written agreement is not conditioned upon the purchase, placement, promotion
or exclusion of a particular brand or product by the licensee;
C. The wholesale licensee or certificate of approval holder, including on behalf of a
brand the wholesale licensee or certificate of approval holder supplies or manufactures,
does not exert, or attempt to exert, control over the retail operations, purchasing
decisions or beverage menu of the licensee;
D. The written agreement complies with federal law; and
E. The written agreement does not result in the exclusion, in whole or in part, of
another person's product.
6. Reporting. A licensee that enters into an agreement authorized by this section shall:
A. Submit to the bureau, upon request, a list of all agreements entered into pursuant to
this section;
B. Retain a copy of the written agreement for a period of not less than 3 years and
make the agreement available to the bureau;
C. Annually post a notice indicating that advertising and sponsorship opportunities are
generally available to a wholesale licensee or certificate of approval holder and the
brands the wholesale licensee or certificate of approval holder supplies or
manufactures; and
D. Provide to the bureau, upon license renewal, a list of the licensee's sponsors.
Sec. C-5. 28-A MRSA §709, sub-§1, ¶A, as amended by PL 2019, c. 404, §14, is
further amended by amending subparagraph (2) to read:
(2) Deliver more than 4 1/2 ounces of spirits over 15% alcohol by volume, a carafe
containing more than one liter or 33.8 ounces of wine or any serving or pitcher
containing more than one liter or 33.8 ounces of malt liquor to one person at one
time;
Sec. C-6. Effective date. That section of this Part that amends the Maine Revised
Statutes, Title 28-A, section 707, subsection 2 takes effect January 1, 2026.
PART D
Sec. D-1. 28-A MRSA §710, sub-§1, as amended by PL 2019, c. 404, §15, is
further amended by repealing the first blocked paragraph.
Sec. D-2. 28-A MRSA §710, sub-§2, as amended by PL 1987, c. 342, §46, is
repealed.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.