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28-A §606. Liquor bought from bureau; sale to government agencies

28-A ME Rev Stat § 606 (2019) (N/A)
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§606. Liquor bought from bureau; sale to government agencies

1.  Purchase of liquor.  Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits for on‑premises consumption must purchase spirits from an agency liquor store licensed as a reselling agent under section 453‑C. This subsection does not apply to public service corporations operating interstate.

A. [PL 1993, c. 276, §2 (RP).]

[PL 2019, c. 404, §7 (AMD).]

1-A.  On-premises licensees; purchase from agency store.  A person licensed to sell spirits for consumption on the premises shall purchase spirits from an agency liquor store only in accordance with this subsection.

A. The sale price of spirits sold by a reselling agent to an establishment licensed for on-premises consumption must be the retail price established by the commission or the discounted retail price established by the bureau in accordance with subsection 1‑C.   [PL 2019, c. 404, §8 (AMD).]

B. Upon completion of a transaction, the agency liquor store and the on-premises licensee shall each retain a copy of the licensee order form.   [PL 2005, c. 539, §6 (AMD).]

C.   [PL 1993, c. 276, §3 (RP).]

D.   [PL 1993, c. 276, §3 (RP).]

[PL 2019, c. 404, §8 (AMD).]

1-B.  Price of sales to agency liquor stores.

[PL 1997, c. 24, Pt. L, §1 (RP).]

1-C.  Price of state spirits sales to agency liquor stores.  The bureau may offer discounts below the retail price set by the commission on spirits sold to agency liquor stores.

[PL 2019, c. 404, §9 (AMD).]

1-D.  Purchase of spirits.  Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits for on-premises consumption must purchase spirits from a reselling agent. This subsection does not apply to public service corporations operating interstate.

[PL 2013, c. 476, Pt. B, §3 (NEW); PL 2013, c. 476, Pt. B, §6 (AFF).]

2.  On-premises retailers must report purchases.

[PL 2015, c. 430, §5 (RP).]

3.  Prospective licensees may order liquor in advance.  Upon approval of the bureau, persons who have been issued a license, effective at a future date, may order liquor in advance of the effective date of the license and may advertise the effective date.

[PL 1997, c. 373, §58 (AMD).]

4.  Discount for agency liquor stores.

[PL 2013, c. 476, Pt. A, §21 (RP).]

4-A.  Discount rates for agency liquor stores; rulemaking.  Beginning July 1, 2014, the bureau shall set the price of spirits at a minimum discount of 12% of the retail price. The bureau may establish discount rates greater than 12%, including graduated discount rates, but those discount rates must be established by rules that ensure that any graduated discount rate is structured in a way that does not adversely affect agency liquor stores that stock a low level of inventory. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

[PL 2019, c. 404, §10 (AMD).]

4-B.  Discount rate for small distilleries.  Beginning July 1, 2019, the bureau shall set the price of spirits produced by a small distillery licensed under section 1355‑A, subsection 5, paragraph B and retained by that small distillery for sale under section 1355‑A, subsection 5, paragraph G or H at a discount of 22.75% of the retail price.

[PL 2019, c. 404, §11 (AMD).]

5.  Sale to government instrumentalities.  The bureau may authorize the sale of spirits to government instrumentalities within the State approved by the bureau. The bureau shall set the price.

[PL 1997, c. 373, §58 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]

6.  Sale to airlines and ferry services for consumption outside the State.  The bureau may authorize the sale of spirits not for consumption within the State to airlines and ferry services or their agents as authorized by the bureau. The bureau shall set the price.

[PL 1997, c. 373, §58 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]

7.  Premium must be collected.  Nothing in this section permits the sale of spirits without collecting the entire premium assessed under chapter 65.

[PL 1997, c. 373, §58 (AMD).]

8.  Limits on price.  An agency liquor store shall sell all spirits purchased from the bureau or through an entity awarded a contract under section 90 at the retail price established by the commission.

[PL 2013, c. 476, Pt. B, §4 (RPR); PL 2013, c. 476, Pt. B, §6 (AFF).]

SECTION HISTORY

PL 1987, c. 45, Pt. A, §4 (NEW). PL 1987, c. 342, §§28,29 (AMD). PL 1991, c. 227, §§1,2 (AMD). PL 1991, c. 376, §52 (AMD). PL 1991, c. 622, Pt. K, §8 (AMD). PL 1991, c. 791, §2 (AMD). PL 1991, c. 824, Pt. A, §57 (AMD). PL 1993, c. 276, §§2,3 (AMD). PL 1995, c. 53, §1 (AMD). PL 1997, c. 24, Pt. L, §§1-4 (AMD). PL 1997, c. 373, §58 (AMD). PL 2001, c. 711, §8 (AMD). PL 2003, c. 20, Pt. SS, §§5,6 (AMD). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2005, c. 539, §6 (AMD). PL 2011, c. 380, Pt. PPPP, §1 (AMD). PL 2013, c. 269, Pt. A, §§7, 8 (AMD). PL 2013, c. 269, Pt. A, §10 (AFF). PL 2013, c. 269, Pt. C, §11 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF). PL 2013, c. 368, Pt. V, §§35-39 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2013, c. 476, Pt. A, §§18-21 (AMD). PL 2013, c. 476, Pt. A, §36 (AFF). PL 2013, c. 476, Pt. B, §§3, 4 (AMD). PL 2013, c. 476, Pt. B, §6 (AFF). PL 2015, c. 430, §5 (AMD). PL 2019, c. 168, §1 (AMD). PL 2019, c. 404, §§7-11 (AMD).

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