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§2073-A
Title 28-A: LIQUORS
Part 6: PROHIBITED ACTS AND PENALTIES
Chapter 83: PROHIBITED ACTS IN GENERAL
§2073-C

§2073-B. In-state transportation of spirits

1.  Prohibition.  Except as provided in subsection 2, section 1201‑A or section 2073‑E, a person may not transport more than 4 liters of spirits within the State unless the spirits were legally purchased from:  
A. An agency liquor store; or   [PL 2021, c. 658, §268 (NEW).]
B. An in-state manufacturer authorized under section 1355‑A to sell spirits for off-premises consumption.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
2.  Exceptions.  Notwithstanding subsection 1, a person may transport spirits within the State in the following circumstances.  
A. An individual may transport spirits within the State in accordance with a permit issued under section 2073‑A, subsection 2, paragraph B.   [RR 2021, c. 2, Pt. A, §102 (COR).]
B. A person may transport spirits the person transported into the State pursuant to section 2073‑A, subsection 2, paragraph C to:  
(1) A warehouse designated by the commission under section 81;  
(2) A bottler or rectifier licensed under section 1355‑A;  
(3) A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine; or  
(4) A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor.   [PL 2021, c. 658, §268 (NEW).]
C. A licensed in-state manufacturer of spirits may transport spirits produced by the manufacturer or may cause a common carrier or contract carrier authorized by the Department of Public Safety to transport spirits produced by the manufacturer to:  
(1) A warehouse designated by the commission under section 81;  
(2) A bottler or rectifier licensed under section 1355‑A;  
(3) A winery, small winery or tenant winery licensed under section 1355‑A, for the production of fortified wine;  
(4) A brewery, small brewery or tenant brewery licensed under section 1355‑A, for the production of low-alcohol spirits products containing malt liquor;  
(5) Any location to which the licensed in-state manufacturer of spirits is authorized to transport its own products under section 1355‑A; or  
(6) The state line for transportation outside the State.   [PL 2021, c. 658, §268 (NEW).]
D. The wholesale spirits provider may transport spirits between warehouses designated by the commission under section 81 or to agency liquor stores as provided in section 503.   [PL 2021, c. 658, §268 (NEW).]
E. A reselling agent may transport spirits to on-premises retail licensees as provided in section 459.   [PL 2021, c. 658, §268 (NEW).]
Each shipment of spirits transported within the State in accordance with paragraph B, C, D or E must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the spirits.  
[RR 2021, c. 2, Pt. A, §102 (COR).]
3.  Penalties.  The following penalties apply to violations of this section.  
A. A person that transports within the State a quantity of less than 40 liters of spirits in violation of this section commits a civil violation for which a fine of not more than $500 may be adjudged.   [PL 2021, c. 658, §268 (NEW).]
B. A person that transports within the State a quantity of 40 or more liters of spirits in violation of this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
4.  Evidence.  The possession of more than 8 liters of spirits in one or more containers that are not labeled in accordance with Title 38, section 3105 is prima facie evidence of a violation of this section.  
[PL 2021, c. 658, §268 (NEW).]
5.  Forfeiture.  Notwithstanding section 2221‑A, a court shall order spirits transported within the State in violation of this section to be forfeited to the State and disposed of as provided in section 2229:  
A. If a person fails to appear in court either in person or by counsel on the date and time specified in response to a Uniform Summons and Complaint issued for a violation of this section; or   [PL 2021, c. 658, §268 (NEW).]
B. As part of every adjudication and imposition of a fine under subsection 3, paragraph A and every conviction under subsection 3, paragraph B.   [PL 2021, c. 658, §268 (NEW).]
[PL 2021, c. 658, §268 (NEW).]
SECTION HISTORY
PL 2021, c. 658, §268 (NEW). RR 2021, c. 2, Pt. A, §102 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
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