APPROVED CHAPTER
MAY 23, 2025 87
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 597 - L.D. 1456
An Act to Expand the Number of On-premises Retail Liquor Licenses a
Liquor Manufacturer May Be Issued
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is a way to support Maine's hospitality sector and businesses
that cater to tourists, and 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, this legislation needs to take effect before the tourism season begins; 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 §1355-A, sub-§1, as amended by PL 2021, c. 658, §226, is
further amended to read:
1. Issuance of licenses. The bureau may issue licenses under this section to breweries,
small breweries, tenant breweries, wineries, small wineries, tenant wineries, distilleries,
small distilleries, bottlers and rectifiers in the State that operate under federal law and
federal supervision.
Sec. 2. 28-A MRSA §1355-A, sub-§1-A, as enacted by PL 2021, c. 658, §226, is
amended to read:
1-A. Definition. For purposes of this section, "manufacturing facility" means the
premises of a brewery, small brewery, tenant brewery, winery, small winery, tenant winery,
distillery or small distillery licensed under this section where liquor products are produced.
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 Sec. 3. 28-A MRSA §1355-A, sub-§2, as amended by PL 2021, c. 658, §226, is
further amended to read:
2. Manufacturers other than bottlers and rectifiers. The following provisions
apply to brewery, small brewery, tenant brewery, winery, small winery, tenant winery,
distillery and small distillery licensees.
A. A licensee governed by this subsection may permit sampling of a liquor product
produced by that licensee on the premises where the liquor product is produced:
(1) By employees for the purpose of quality control of the product; and
(2) By wholesalers for the purpose of determining whether to carry the product as
a wholesale product if the licensee pays the excise tax on the product sampled
according to section 1652.
B. A licensee governed by this subsection may serve to the public samples of liquor
produced by the licensee at the manufacturing facility where that liquor is produced by
the licensee under the conditions specified in this paragraph.
(1) The licensee may sell samples to the public or offer samples to the public at
no cost.
(2) The licensee shall pay the excise tax, if any, according to section 1652 on all
samples served to the public under this paragraph. If a sample is sold by the
licensee, it is also subject to the sales tax on liquor under Title 36, section 1811.
(3) The licensee shall maintain a record of all samples the licensee sells under this
paragraph and shall maintain those records for a period of 2 years.
(4) The licensee may serve samples to the public under this paragraph only during
the hours of legal sale set forth in section 4.
(5) The area of the licensed premises where the licensee serves samples to the
public under this paragraph is not required to be separate from and may be accessed
by the same entrance as the area licensed for on-premises consumption of liquor
under chapter 43 in accordance with paragraph I.
(6) Spirits samples served to the public under this paragraph by a distillery must
first be sold to the State, subject to the listing, pricing and distribution provisions
of this Title. Spirits samples served to the public under this paragraph by a small
distillery are subject to the requirements of subsection 5, paragraph H.
(7) The licensee may not serve samples to minors or visibly intoxicated persons.
D. A licensee governed by this subsection may sell for off-premises consumption
liquor produced by the licensee from the manufacturing facility where liquor is
produced by the licensee under the conditions specified in this paragraph.
(1) Sales made in accordance with this paragraph do not require the licensee to
obtain an additional retail license under chapter 45.
(2) Liquor sold in accordance with this paragraph may not be consumed anywhere
on the licensed premises.
(3) The area of the licensed premises where the licensee opts to transact sales for
off-premises consumption is not required to be separate from and may be accessed
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 by the same entrance as the area licensed for on-premises consumption of liquor
under chapter 43 in accordance with paragraph I.
(4) Sales under this paragraph may be made only during the hours of legal sale as
provided in section 4.
(5) Spirits sold by a distillery must first be sold to the State, subject to the listing,
pricing and distribution provisions of this Title. Spirits sold by a small distillery
are subject to the requirements of subsection 5, paragraph G.
(6) Except as provided in subsection 3, paragraphs C and C‑1, sales may be made
only by the bottle, by the case or in bulk.
I. A licensee governed by this subsection may be issued one or more on-premises retail
license licenses under chapter 43 per licensed manufacturing facility under the
conditions specified in this paragraph. An on-premises retail license issued under
chapter 43 may be for retail activities located at the manufacturing facility or for retail
activities at another location if the same person or persons hold a majority ownership
interest in both the manufacturing licensee and the on-premises retail licensee licensed
under chapter 43.
(1-A) The on-premises retail license issued under chapter 43 may be for retail
activities located at the manufacturing facility or for retail activities at another
location if the same person or persons hold a majority ownership interest in both
the manufacturing facility and the premises If a person or persons hold a majority
ownership interest in one manufacturing licensee, the person or persons may hold
no less than a majority ownership interest in up to 3 retail licensees licensed under
chapter 43. If a person or persons hold a majority ownership interest in at least 2
manufacturing licensees that, collectively, manufacture at least 1,000 barrels of
liquor per year, the person or persons may hold no less than a majority ownership
interest in up to 6 on-premises retail licensees licensed under chapter 43. A person
or persons with a majority ownership interest in one or more manufacturing
licensees may not hold an ownership interest in more than 6 on-premises retail
licensees licensed under chapter 43.
(2) The A retail license issued under chapter 43 authorizes the sale for on-premises
consumption of products produced at the manufacturing facility as well as other
liquor permitted to be sold under the applicable class of the retail license.
(2-A) Liquor sold under a retail license issued under chapter 43 on the premises
of the manufacturing facility may not be consumed on any part of the premises
where patrons are not generally permitted.
(3) All records related to activities under the authority of the manufacturing
facility's license issued under this section must be kept separate from records
related to activities under the authority of the a retail license issued under chapter
43. Income from the sale of liquor under subparagraph (4-A) or under paragraph
B or D by a manufacturing facility that is located on the same premises as the a
retail license issued under chapter 43 is not included in calculating whether that
retail licensee satisfies any applicable income from the sale of food requirement
set forth in chapter 43.
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 (4) Spirits sold under the authority of the a retail license issued under chapter 43
to the holder of a distillery license must first be sold to the State, subject to the
listing, pricing and distribution provisions of this Title. Spirits sold under the
authority of the a retail license issued under chapter 43 to the holder of a small
distillery license are subject to the requirements of subsection 5, paragraph H.
(4-A) A person issued a retail license under chapter 43 for premises other than the
licensed manufacturing facility may sell liquor for off-premises consumption under
the conditions stated in paragraph D.
(5) The licensee shall ensure that products purchased for off-premises
consumption under paragraph D are not consumed on the premises of the
manufacturing facility or the a retail license issued under chapter 43, if that retail
license authorizes retail activities at another location.
J. A licensee governed by this subsection may display up to 25 bottles of liquor
produced by the licensee in a window of a location where the licensee is authorized by
this section to sell its products for on-premises consumption or for off-premises
consumption.
K. A licensee governed by this subsection may transport liquor produced at the
licensed manufacturing facility in bulk or packaged in kegs, bottles or cans, including
by the case, to:
(1) Another manufacturing facility licensed under this section if the same person
or persons hold a majority ownership interest in both of the licensed manufacturing
facilities; and
(2) An establishment licensed for retail sales operated by the licensee under
paragraph I; subsection 4, paragraph B, subparagraph (2); or subsection 5,
paragraph B, subparagraph (3) as long as the same person or persons hold a
majority ownership interest in both the licensed manufacturing facility and the
licensed retail establishment.
Sec. 4. 28-A MRSA §1355-A, sub-§6, ¶C, as amended by PL 2021, c. 658, §226,
is repealed.
Sec. 5. 28-A MRSA §1355-A, sub-§6, ¶D, as amended by PL 2021, c. 658, §226,
is further amended to read:
D. A tenant brewery is governed by the provisions of subsection 3 except for the
privileges granted under paragraph C.
Sec. 6. 28-A MRSA §1355-A, sub-§7, ¶C, as enacted by PL 2015, c. 185, §3, is
repealed.
Sec. 7. 36 MRSA §1811, sub-§1, ¶D, as amended by PL 2023, c. 643, Pt. H, §23
and affected by §29 and amended by c. 673, §22 and affected by §28, is further amended
by amending subparagraph (2) to read:
(2) Eight percent on the value of liquor sold in licensed establishments as defined
in Title 28‑A, section 2, subsection 15, in accordance with Title 28‑A, chapter 43
and liquor sold for on-premises consumption by a licensed brewery, small brewery,
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 tenant brewery, winery, small winery, tenant winery, distillery or small distillery
pursuant to Title 28‑A, section 1355‑A, subsection 2, paragraph B;
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text ACTPUB , Chapter 87: 28-A.1355