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An Act To Authorize Free Samples of Wine by a Restaurant
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §709, sub-§2, ¶¶J and K, as enacted by PL 2011, c. 629, §15, are amended to read:
 
J. Providing samples authorized under section 1355-A, 1402, 1402-A or 1504; or
 
K. Donations authorized under section 708-B.; or
Sec. 2.  28-A MRSA §709, sub-§2, ¶L  is enacted to read:
 
L.  Licensees offering complimentary samples of wine under section 1055.
Sec. 3.  28-A MRSA §1055  is enacted to read:
§ 1055. Wine samples at restaurants
 
1.  Wine samples at restaurants.     A restaurant, Class A restaurant or Class A restaurant/lounge may offer a complimentary sample of wine to a customer, subject to the following conditions:
 
A.  A sample may not be given to a person under 21 years of age;
 
B.  A person may not be served more than a total of 5 ounces of wine having an alcohol content of 14% or less or more than a total of 3 ounces of wine having an alcohol content greater than 14%;
 
C.  A person who is visibly intoxicated may not be served;
 
D.  The wine sampling must be conducted within the hours of retail sale for liquor established in this Title;
 
E.  The wine sampling must take place on the licensed premises; and
 
F.  Wine served as a wine sample must be purchased from a wholesale licensee.
 
SUMMARY
This bill allows a restaurant, Class A restaurant or Class A restaurant/lounge to offer complimentary samples of wine to a customer subject to certain conditions.