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An Act To Facilitate the Use of Half-gallon Containers for Malt Liquor at Maine Brew Pubs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1355-A, sub-§3, ¶C, as enacted by PL 2011, c. 629, §22, is amended to read:
 
C. Notwithstanding any other provision of this Title, a brewery or small brewery licensed in accordance with this section may sell from the establishment at the site of the brewery licensed for the sale of alcoholic beverages to be consumed on the premises malt liquor to be consumed off the premises under the conditions specified in this paragraph.
 
(1) Only malt liquor brewed at the brewery where the on-premises establishment is licensed may be sold at the on-premises establishment.
 
(2) Malt liquor must be dispensed in bottles provided by and with labels unique to the brewery of 32 to 64 ounces in volume.
 
(3) No more than 6 bottles may be prefilled at any one time.
 
(4) A deposit may be charged per bottle. Bottles sold under this paragraph are not subject to Title 32, chapter 28.
 
(5) The bottle in which the malt liquor is dispensed must be sealed by the licensee with a seal that is tamper-evident.
 
(6) Malt liquor dispensed in accordance with this paragraph must be consumed off the premises.
 
(7) All sales of malt liquor from the on-premises establishment for off-premises consumption must be accompanied by a sales receipt with a time stamp that indicates time of purchase.
 
(8) Sale of malt liquor from the on-premises establishment for off-premises consumption may not be made after 10:00 p.m.
 
The bureau may adopt rules to enforce this paragraph. Rules adopted in accordance with this paragraph are routine technical rules in accordance with Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill removes the requirement that the bottles breweries or small breweries use to sell malt liquor for off-premises consumption from their licensed on-premises establishment, typically half-gallon containers, be provided by the breweries and have labels unique to each brewery.