Me. Rev. Stat. tit. 28-A, § 1355-A (2025)
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.
[PL 2025, c. 87, §1 (AMD).]
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.
[PL 2025, c. 87, §2 (AMD).]
1-B. Bottlers and rectifiers A bottler or rectifier licensed under this section may permit sampling of a liquor product bottled or rectified by that licensee on the premises where it is bottled or rectified:
A. By employees for the purpose of quality control of the product; and
[PL 2021, c. 658, §226 (NEW).]
B. 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.
[PL 2021, c. 658, §226 (NEW).]
[PL 2021, c. 658, §226 (NEW).]
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:
(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.
[PL 2021, c. 658, §226 (AMD).]
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.
(7) The licensee may not serve samples to minors or visibly intoxicated persons.
[PL 2021, c. 658, §226 (AMD).]
C.
[PL 2021, c. 658, §226 (RP).]
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.
(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.
[PL 2021, c. 658, §226 (AMD).]
E.
[PL 2021, c. 658, §226 (RP).]
F.
[PL 2021, c. 658, §226 (RP).]
G.
[PL 2021, c. 658, §226 (RP).]
H.
[PL 2021, c. 658, §226 (RP).]
I. A licensee governed by this subsection may be issued one or more on-premises retail 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.
(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 a retail license issued under chapter 43, if that retail license authorizes retail activities at another location.
[PL 2025, c. 87, §3 (AMD).]
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.
[PL 2021, c. 658, §226 (AMD).]
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:
[PL 2025, c. 87, §3 (AMD).]
2-A. Majority interest requirement
[PL 2017, c. 347, §5 (RP).]
2-B. Grandfathering of certain licenses issued prior to January 1, 2018 The bureau may not suspend, revoke or refuse to renew a license issued under this section or chapter 43 or 45 that was initially issued prior to January 1, 2018 solely on the basis that: The prohibition described in this subsection does not apply if the reason for suspension, revocation or refusal to renew is due to the licensee's substantial misrepresentation of or failure to disclose material facts required for the issuance or renewal of the license.
A. The establishment licensed under chapter 43 or 45 was determined by the bureau after the license was issued to not be exclusively held or exclusively owned by a person licensed to manufacture liquor under this section; or
[PL 2017, c. 341, §1 (NEW).]
B. The licensee is in violation of section 707, subsection 2, 3‑A or 5‑A, if the violation existed in the same manner at the time the license was initially issued or at the time the license was renewed.
[PL 2019, c. 665, §11 (AMD).]
The prohibition described in this subsection does not apply if the reason for suspension, revocation or refusal to renew is due to the licensee's substantial misrepresentation of or failure to disclose material facts required for the issuance or renewal of the license.
[PL 2019, c. 665, §11 (AMD).]
3. Breweries; small breweries Except as otherwise provided in this section, the following provisions apply to breweries and small breweries.
A. A holder of a brewery license may produce and bottle more than 30,000 barrels of malt liquor per year.
[PL 2021, c. 658, §226 (AMD).]
B. A holder of a small brewery license may produce and bottle up to 30,000 barrels of malt liquor per year.
(2) A holder of a small brewery license may sell or deliver its products to licensed retailers or wholesalers. The licensee may sell, on the premises for off-premises consumption, malt liquor produced at the licensed premises by the bottle, by the case or in bulk to licensed retailers, including, but not limited to, off-premises retail licensees, restaurants and clubs. Notwithstanding section 1361, the holder of a small brewery license may sell its products directly to a retail licensee under this paragraph without selling to a wholesale licensee. A small brewery licensee shall keep and maintain complete records on all sales to a retail licensee.
[PL 2021, c. 658, §226 (AMD).]
B-1. To be eligible for a brewery or small brewery license, a person must hold a brewer's notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.
[PL 2021, c. 658, §226 (NEW).]
C. Notwithstanding any provision of this Title to the contrary, an on-premises retail license issued under chapter 43 pursuant to subsection 2, paragraph I to the holder of a brewery or small brewery license authorizes the sale of malt liquor in prefilled, refillable bottles for off-premises consumption under the conditions specified in this paragraph. The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 658, §226 (AMD).]
C-1. A holder of a brewery or small brewery license may sell for off-premises consumption kegs of malt liquor produced by the licensee under the conditions specified in this paragraph.
(3) The brewery or small brewery shall submit a monthly report to its wholesale licensee detailing sales made under this paragraph. The wholesale licensee shall calculate the fees for any bottle deposit and submit an invoice to the licensee for expenses associated with the requirements prescribed in Title 38, chapter 33 including the retailer handling fee, state container deposit and a mutually agreed-upon pickup fee.
[PL 2021, c. 658, §226 (NEW).]
D.
[PL 2021, c. 658, §226 (RP).]
E. A holder of a brewery or small brewery license may produce low-alcohol spirits products containing malt liquor produced by the brewery or small brewery and may import spirits solely for this purpose.
(1) If a small brewery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of malt liquor and low-alcohol spirits products produced at the small brewery may not exceed 30,000 barrels per year.
[PL 2021, c. 658, §226 (NEW).]
[PL 2021, c. 658, §226 (AMD).]
4. Wineries; small wineries Except as otherwise provided in this section, the following provisions apply to wineries and small wineries. For purposes of this subsection, "fortified wine" means wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.
A. A holder of a winery license may produce and bottle more than 50,000 gallons per year of wine that is not hard cider and may produce and bottle more than 3,000 barrels per year of wine that is hard cider.
[PL 2021, c. 658, §226 (AMD).]
B. A holder of a small winery license may produce and bottle up to 50,000 gallons per year of wine that is not hard cider and may produce and bottle up to 3,000 barrels per year of wine that is hard cider.
(2) A holder of a small winery license, upon application to and approval of the bureau and payment of a $50 license fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations.
[PL 2021, c. 658, §226 (AMD).]
B-1. To be eligible for a winery or small winery license, a person must hold a basic permit for producing wine from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.
[PL 2021, c. 658, §226 (NEW).]
C. A holder of a winery or small winery license may fortify wine produced by the winery license holder and import spirits solely for this purpose.
(1) If a small winery license holder produces fortified wine pursuant to this paragraph, the combined total of all wine, other than hard cider, produced at the small winery may not exceed 50,000 gallons per year.
[PL 2021, c. 658, §226 (AMD).]
D.
[PL 2021, c. 658, §226 (RP).]
For purposes of this subsection, "fortified wine" means wine to which spirits have been added as long as the resulting liquor does not exceed 24% alcohol by volume.
[PL 2021, c. 658, §226 (AMD).]
5. Distilleries; small distilleries Except as otherwise provided in this section, the following provisions apply to distilleries and small distilleries.
A. A holder of a distillery license may distill, rectify, blend and bottle more than 50,000 gallons of spirits per year.
[PL 2011, c. 629, §22 (NEW).]
B. A holder of a small distillery license may distill, rectify, blend and bottle not more than 50,000 gallons of spirits per year.
(3) A holder of a small distillery license, upon application to and approval of the bureau and payment of a $100 license fee per location, may obtain licenses for off-premises consumption for up to 2 additional locations other than the location of the in-state manufacturer licensed under this section. The holder of the licenses is not required to conduct any bottling or production at the additional licensed locations but may conduct all activities permitted by this section at the additional licensed locations.
[PL 2021, c. 658, §226 (AMD).]
C. To be eligible for a distillery or small distillery license, a person must hold a basic permit for distilling, rectifying, blending and bottling spirits from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau.
[PL 2011, c. 629, §22 (NEW).]
D. Except as otherwise provided in this section, spirits produced by a holder of a distillery or small distillery license must be sold to the State and are subject to the listing, pricing and distribution provisions of this Title.
[PL 2021, c. 658, §226 (AMD).]
E.
[PL 2021, c. 658, §226 (RP).]
F.
[PL 2021, c. 658, §226 (RP).]
F-1. A distillery or small distillery may sell to the public for on-premises consumption cocktails containing samples of spirits produced by the distillery or small distillery under the conditions specified in this paragraph.
(3) A cocktail may not contain more than 4 1/2 ounces of spirits.
[PL 2023, c. 34, §5 (AMD).]
G. Notwithstanding paragraph D, a holder of a small distillery license that sells its products directly to consumers for off-premises consumption under paragraph B, subparagraph (3), subsection 2, paragraph D or subsection 2, paragraph I, subparagraph (4‑A) may pay the bureau the difference between the distillery's price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4‑B. A small distillery is not required to transport spirits that will be sold for off-premises consumption as described in this paragraph to a warehouse operated by the bureau or by a wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for off-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau.
[PL 2021, c. 658, §226 (AMD).]
H. Notwithstanding paragraph D, a holder of a small distillery license that sells its products or offers complimentary samples of its products directly to consumers for on-premises consumption under paragraph F‑1 or under subsection 2, paragraph B or I may pay the bureau the difference between the distillery's price charged to the bureau and the discounted retail price charged by the bureau under section 606, subsection 4‑B. A small distillery is not required to transport spirits that will be sold for on-premises consumption as described in this paragraph to a warehouse operated by the bureau or by the wholesale spirits provider. A holder of a small distillery license shall record the quantity of spirits sold for on-premises consumption that were not transported to a warehouse as described in this paragraph and submit monthly reports of this information, along with the full amount of state liquor tax due as prescribed by chapter 65, to the bureau in a manner prescribed by the bureau.
[PL 2021, c. 658, §226 (AMD).]
I.
[PL 2021, c. 658, §226 (RP).]
J. A holder of a distillery or small distillery license may produce low-alcohol spirits products. Revisor's Note: (Paragraph J as enacted by PL 2021, c. 742, §1 is REALLOCATED TO TITLE 28-A, SECTION 1355-A, SUBSECTION 5, PARAGRAPH K)
(1) If a small distillery license holder produces low-alcohol spirits products pursuant to this paragraph, the combined total of spirits and low-alcohol spirits products produced at the small distillery may not exceed 50,000 gallons per year.
[PL 2021, c. 658, §226 (NEW).]
K. (REALLOCATED FROM T. 28-A, §1355-A, sub-§5, ¶J) A rectifier and a holder of a distillery or small distillery license shall comply with all applicable requirements of Title 38, section 1615.
[PL 2023, c. 405, Pt. A, §104 (AMD).]
[PL 2023, c. 34, §5 (AMD); PL 2023, c. 405, Pt. A, §104 (AMD).]
6. Tenant brewery Except as otherwise provided, the following provisions apply to a tenant brewery license under which the holder of a tenant brewery license may produce and bottle malt liquor at the manufacturing facility of another brewery, referred to in this subsection as "a host brewery," licensed by the bureau under subsection 3.
A. To be eligible for a tenant brewery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold a brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant brewery to use the facilities and equipment of a host brewery. If the tenant brewery meets the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small brewery. If the tenant brewery does not meet the requirements of subsection 3, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a brewery.
[PL 2021, c. 658, §226 (AMD).]
B. A tenant brewery is subject to the same requirements regarding production of malt liquor and low-alcohol spirits products containing malt liquor as if the tenant brewery conducted its manufacturing on its own premises independently.
[PL 2021, c. 658, §226 (AMD).]
C.
[PL 2025, c. 87, §4 (RP).]
D. A tenant brewery is governed by the provisions of subsection 3.
[PL 2025, c. 87, §5 (AMD).]
E. A tenant brewery may not brew or produce malt liquor or low-alcohol spirits products containing malt liquor for another brewery or certificate of approval holder.
[PL 2021, c. 658, §226 (AMD).]
F. A tenant brewery shall ensure that the tenant brewery maintains control of the raw ingredients used to manufacture the tenant brewery's product.
[PL 2021, c. 658, §226 (AMD).]
G.
[PL 2015, c. 15, §1 (RP).]
G-1. Licenses issued under subsection 3 may allow for up to 9 tenant breweries at a time at the manufacturing facility of a host brewery.
[PL 2021, c. 658, §226 (AMD).]
H. The bureau may require a tenant brewery to maintain a record or log indicating which equipment is being used at any time by the tenant brewery in the production of malt liquor or low-alcohol spirits products containing malt liquor and which employees are working on production of the tenant brewery's product.
[PL 2021, c. 658, §226 (AMD).]
I. The bureau shall require that reports from a tenant brewery be submitted in a manner similar to the manner in which a brewery licensed under subsection 3 submits reports. The bureau shall also require a tenant brewery to submit copies of reports required of holders of an approved brewer’s notice issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant brewery to engage in an alternating proprietorship.
[PL 2021, c. 658, §226 (AMD).]
[PL 2025, c. 87, §§4, 5 (AMD).]
7. Tenant winery Except as otherwise provided, the following provisions apply to a tenant winery license under which the holder of a tenant winery license may produce and bottle wine at the manufacturing facility of another winery, referred to in this subsection as "a host winery," licensed by the bureau under subsection 4. This subsection applies to hard cider produced by a manufacturer licensed as a winery or small winery under subsection 4.
A. To be eligible for a tenant winery license, a person must submit an application to the bureau in a manner prescribed by the bureau and hold an approved application for an alternating proprietorship issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau that authorizes a tenant winery to use the facilities and equipment of a host winery. If the tenant winery meets the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a small winery. If the tenant winery does not meet the requirements of subsection 4, paragraph B, the application must be accompanied by the license fee set forth in section 1551 for a winery.
[PL 2021, c. 658, §226 (AMD).]
B. A tenant winery is subject to the same requirements regarding manufacture of its product as if the tenant winery conducted its manufacturing on its own premises independently.
[PL 2015, c. 185, §3 (NEW).]
C.
[PL 2025, c. 87, §6 (RP).]
D. A tenant winery may not produce wine or hard cider for another winery or certificate of approval holder.
[PL 2015, c. 185, §3 (NEW).]
E. A tenant winery shall ensure that the tenant winery maintains control of the raw ingredients used to manufacture the tenant winery's wine or hard cider.
[PL 2021, c. 658, §226 (AMD).]
F. A license issued under subsection 4 may allow for up to 9 tenant wineries at a time at the manufacturing facility of a host winery.
[PL 2015, c. 185, §3 (NEW).]
G. The bureau may require a tenant winery to maintain a record or log indicating which equipment is being used at any time by the tenant winery in the production of wine or hard cider and which employees are working on production of the tenant winery's product.
[PL 2015, c. 185, §3 (NEW).]
H. The bureau shall require that reports from a tenant winery be submitted in a manner similar to the manner in which a winery licensed under subsection 4 submits reports. The bureau shall also require a tenant winery to submit copies of reports required of holders of an approved application issued by the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the tenant winery to engage in an alternating proprietorship.
[PL 2015, c. 185, §3 (NEW).]
[PL 2025, c. 87, §6 (AMD).]
PL 2011, c. 629, §22 (NEW). PL 2013, c. 345, §4 (AMD). PL 2013, c. 359, §1 (AMD). PL 2015, c. 15, §§1, 2 (AMD). PL 2015, c. 74, §6 (AMD). PL 2015, c. 166, §§3, 4 (AMD). PL 2015, c. 185, §3 (AMD). PL 2015, c. 440, §§1, 2 (AMD). RR 2017, c. 1, §18 (COR). PL 2017, c. 34, §1 (AMD). PL 2017, c. 123, §1 (AMD). PL 2017, c. 280, §§1-3 (AMD). PL 2017, c. 341, §1 (AMD). PL 2017, c. 347, §§3-5 (AMD). PL 2019, c. 168, §§2-4 (AMD). PL 2019, c. 360, §§1-3 (AMD). PL 2019, c. 404, §§26, 27 (AMD). PL 2019, c. 529, §§4-6 (AMD). PL 2019, c. 665, §11 (AMD). PL 2021, c. 91, §§1, 2 (AMD). PL 2021, c. 514, §2 (AMD). PL 2021, c. 658, §226 (AMD). PL 2021, c. 742, §1 (AMD). RR 2021, c. 2, Pt. A, §100 (COR). PL 2023, c. 34, §5 (AMD). PL 2023, c. 405, Pt. A, §104 (AMD). PL 2025, c. 87, §§1-6 (AMD).