2012 Maine Revised Statutes
TITLE 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 3-A: ADMINISTRATION AND ORGANIZATION
28-A §83. Bureau of Alcoholic Beverages and Lottery Operations

Part 1: GENERAL PROVISIONS

§83. Bureau of Alcoholic Beverages and Lottery Operations

1. Bureau of Alcoholic Beverages and Lottery Operations; rules. Until the effective date of the privatization of the entire wholesale liquor business authorized by section 88, 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 2-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.

[ 2003, c. 20, Pt. LLL, §1 (AMD); 2003, c. 20, Pt. LLL, §4 (AFF) .]

2. Purchase. Until the effective date of the privatization of the wholesale liquor business authorized by section 88, 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.

[ 2003, c. 20, Pt. LLL, §1 (AMD); 2003, c. 20, Pt. LLL, §4 (AFF) .]

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.

[ 1999, c. 535, §4 (AMD) .]

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 spirits and fortified wine.

[ 1999, c. 535, §4 (AMD) .]

5. Investigate and recommend changes. The alcohol bureau shall carry out a continuous study and investigation of the sale of alcoholic beverages throughout the State and the operation and administration of state activities and recommend to the Commissioner of Administrative and Financial Services any changes in the laws or rules and methods of operation that are in the best interest of the State. By December 1, 2012, the commissioner shall conduct a cost-benefit analysis of the discount price at which agency liquor stores purchase spirits and fortified wine from the State or wholesale liquor provider contracted by the State that includes consideration of how the discount price may be adjusted to allow agency liquor stores' revenue trends to mirror proportionally any upward trend in spirits sales and revenue realized by the State or the State's wholesale liquor provider. The commissioner shall update the cost-benefit analysis at least every 2 years and shall make the analysis available, upon request, to the joint standing committee of the Legislature having jurisdiction over alcoholic beverages matters.

[ 2011, c. 693, §1 (AMD) .]

5-A. Sales incentives to agents; rules. The alcohol bureau may adopt rules to provide for a sales incentive program for agency liquor stores. The alcohol bureau shall consider federal regulations that govern sales incentives for alcoholic beverages and the effect of a sales incentive program on General Fund revenue and pending or existing contracts with a wholesale liquor provider when developing an incentive program. Notwithstanding subsection 1, rules adopted in accordance with this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.

[ 2011, c. 693, §2 (NEW) .]

6. Certification; annual report. The alcohol bureau shall certify monthly to the Treasurer of State, the commission and the Commissioner of Administrative and Financial Services a complete statement of the revenues and expenses for liquor sales for the preceding month. The alcohol bureau shall make an annual report to the Governor of its activities and of the amount of liquor license fees collected by the bureau, together with other information it considers advisable or that the Governor requires.

[ 1997, c. 373, §28 (NEW) .]

7. Public meetings. The alcohol bureau and the commission may hold public meetings each year at various locations within the State for the purpose of outlining operations under the liquor laws, receiving suggestions and disseminating information to the public.

[ 1997, c. 373, §28 (NEW) .]

SECTION HISTORY

1997, c. 373, §28 (NEW). 1999, c. 535, §4 (AMD). 2003, c. 20, §LLL1 (AMD). 2003, c. 20, §LLL4 (AFF). 2011, c. 693, §§1, 2 (AMD).