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An Act To Authorize Free Samples of Liquor 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. Liquor samples at restaurants
 
1.  Liquor samples at restaurants.     A restaurant licensed by the bureau as a Class A restaurant or a Class A restaurant/lounge may offer complimentary samples of malt liquor, wine or spirits 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 provided more than 3 samples per day, and samples are subject to the following size limits:
 
(1) A sample of malt liquor may not exceed 3 ounces;
 
(2) A sample of wine may not exceed one ounce; and
 
(3) A sample of spirits may not exceed 1/2 of one ounce;
 
C.  A person who is visibly intoxicated may not be served;
 
D.  The sampling must be conducted during regular business hours of the Class A restaurant or Class A restaurant/lounge and must take place on the licensed premises only in areas of the Class A restaurant or Class A restaurant/lounge where liquor is normally served to customers;
 
E.  Samples may be provided only by employees of the Class A restaurant or Class A restaurant/lounge;
 
F.  Wine or malt liquor served as a sample must be purchased from a wholesale licensee; and
 
G.  Spirits served as a sample must be purchased from the State or the State's contracted wholesaler.
 
Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.