Title 28-A, Title 28-A

1. Licensing of special warehouse storage facilities. Notwithstanding the importation restrictions of section 1361, subsection 4 and sections 2073‑A and 2073‑C, the bureau may issue a license authorizing the direct importation of malt liquor, wine or spirits by a manufacturer, wh…

1. Definition. For purposes of this section, "out-of-state spirits supplier" means an out-of-state spirits manufacturer or a person that engages in the out-of-state purchase of spirits for resale to the bureau. 2. Certificate of approval required. An out-of-state spirits supplier…

1. Issuance of licenses. The bureau may issue licenses under this section for the in-state sale and distribution of malt liquor and wine at wholesale. 2. Fees. Except as provided in subsection 4, the fee for a wholesale license is: A. Six hundred dollars for the principal place o…

Notwithstanding section 2, subsection 8, as used in this chapter, unless the context otherwise indicates, "certificate of approval holder" means an in-state manufacturer of malt liquor or wine licensed under section 1355‑A or an out-of-state manufacturer of or out-of-state wholes…

1. Taste testing on wholesale licensee's premises. With the bureau's written permission, a wholesale licensee may designate a special area or room on the wholesale licensee's premises for the specific purpose of taste testing wine or malt liquor products. 2. Taste testing on reta…

A person licensed as a manufacturer of malt liquor or wine under section 1355‑A or licensed as a wholesaler may give a retail licensee samples of products under the following conditions: [PL 2015, c. 386, §1 (AMD).] 1. Invoice required. The products must be accompanied by an invo…

1. Purchase of malt liquor or wine by wholesale licensee. A wholesale licensee may not purchase malt liquor or wine from a person other than a certificate of approval holder or special warehouse storage facility licensed under section 1371. A wholesale licensee may not cause to b…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Direct shipper" means a winery that has obtained a wine direct shipper license under subsection 2. [PL 2009, c. 373, §1 (NEW).] B. "Outside the St…

1. Procedure for unbonded wholesale licensees. Unbonded wholesale licensees shall order and purchase malt liquor and wine under the following procedures. A. The bureau shall furnish all purchase order forms. [PL 1997, c. 373, §128 (AMD).] B. [PL 2021, c. 622, §4 (RP).] C. The unb…

1. Procedures for bonded wholesale licensees. Bonded wholesale licensees shall order and purchase malt liquor and wine under the following procedures. A. The bureau shall furnish all purchase order forms. [PL 1997, c. 373, §129 (AMD).] B. [PL 2021, c. 622, §5 (RP).] C. The bonded…

1. Certificate of approval holders must list wholesale licensees with bureau; changes. Each certificate of approval holder shall: A. File with the bureau a list of the wholesale licensees who distribute their products in the State; and [PL 1997, c. 373, §132 (AMD).] B. Give writt…

1. Exclusive distributors. Except as provided in section 1454, the wholesale licensee appointed by the certificate of approval holder to be the exclusive distributor for specific brands of malt liquor and wine cannot be terminated as exclusive distributor of those specific brands…

1. Posting by certificate of approval holders and bottlers. Certificate of approval holders and all licensed bottlers must post with the bureau the F.O.B. shipping point prices for which they are selling malt liquor or wine to wholesale licensees. 2. Posting by wholesale licensee…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 45, Pt. A, §4 (NEW).] 1. Agreement. "Agreement" means a commercial relationship, not required to be evidenced in writing, of definite or indefinite durat…

1. Certificate of approval holder. No certificate of approval holder may: A. Induce or coerce, or attempt to induce or coerce, any wholesale licensee to accept delivery of any liquor or any other commodity which has not been ordered by the wholesale licensee; [PL 1987, c. 45, Pt.…

1. Dual distributorship prohibited. A certificate of approval holder that designates a sales territory for which a wholesale licensee is primarily responsible may not enter into any agreement with any other wholesale licensee for the purpose of establishing an additional agreemen…

1. Good cause. Notwithstanding the terms, provisions or conditions of any agreement, no certificate of approval holder may amend, cancel, terminate or refuse to continue or renew any agreement, or cause a wholesale licensee to resign from an agreement, unless good cause can be es…

1. Written notices. Before any termination procedure initiated by the certificate of approval holder, the certificate of approval holder shall give the wholesale licensee a written notice of any claimed deficiency existing in the wholesale licensee's territory and the certificate…

No certificate of approval holder may unreasonably withhold consent to any assignment, transfer or sale of the wholesale licensee's business whenever the wholesale licensee to be substituted meets the material and reasonable qualifications and standards required of its wholesale …

1. Reasonable compensation. 1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Affected brand or brands" means the brand or brands of a certificate of approval holder that will no longer be distr…

1. Suit against certificate of approval holder. If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder. 2. Equitable relief. The court may grant equitable relief nec…

No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product.

1. Retaliatory action prohibited. A certificate of approval holder may not take retaliatory action against a wholesale licensee who files or indicates an intention to file a complaint of alleged violation of state or federal law or regulation by the certificate of approval holder…

No certificate of approval holder may require or prohibit any change in management or personnel of any wholesale licensee unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the certificate of approval holder.

No certificate of approval holder may require any wholesale licensee to waive compliance with any provisions of this chapter. Nothing in this chapter limits or prohibits good faith settlements of disputes voluntarily entered into between the parties.

1. Purchaser obligated. The purchaser of a certificate of approval holder is obligated to all of the terms and conditions of the agreement in effect on the date of purchase. 2. Purchase defined. "Purchase," as defined for the purposes of this chapter, includes, but is not limited…

The provisions of this chapter apply to agreements between certificate of approval holders and wholesale licensees in existence on September 16, 1979, and those entered into after that date.

No certificate of approval holder or wholesale licensee may restrict or inhibit, directly or indirectly, the right of free association of certificate of approval holders or wholesale licensees for any lawful purpose.

All persons selling liquor in the State shall furnish to the bureau a list of all officers and directors, if a corporation, or a list of all partners, if a partnership, and the name of the sales representatives of the person within the State.

Sales representatives, including those described in section 1401, subsection 7, shall apply to the bureau for a license disclosing the person, firm or corporation represented. [PL 2015, c. 387, §2 (AMD).] 1. Fee. The annual license fee is $50. 2. Term of license. The license expi…

Licenses issued by the bureau under this chapter must be revoked for the violation of the liquor laws or any rule adopted by the bureau.

A person licensed under section 1502 as a sales representative for a spirits supplier may give a retail licensee samples of spirits under the following conditions: [PL 2021, c. 658, §260 (AMD).] 1. Invoice required. The spirits must be accompanied by an invoice; 2. Product regist…

A sales representative holding a license under section 1502 may participate in a tasting event permitted under section 460; section 1051, subsection 8; section 1205; or section 1207 subject to the provisions of this section. [PL 2015, c. 329, Pt. D, §2 (RPR); PL 2015, c. 329, Pt.…

1. Certificate of approval. The license fees for certificates of approval are: A. For malt liquor (one year)............. $1,000; and [PL 2007, c. 539, Pt. QQQ, §2 (AMD).] B. For wine (one year).................... $1,000. [PL 2007, c. 539, Pt. QQQ, §2 (AMD).] 2. Wholesale licens…

1. Bottle club registration. The fee for bottle club registration is (one year)......... $50.

The bureau may issue a postsecondary educational institution sampling license to an accredited postsecondary educational institution in the State, referred to in this section as an educational institution, as described by this section. [PL 2019, c. 282, §1 (NEW).] 1. Eligible lic…

1. State spirits tax. Except as provided in section 83‑C, subsection 2‑A and section 606, the commission shall determine and set the retail price at which all spirits products may be sold in the State for off-premises consumption. The retail price established by the commission mu…

1. Excise tax on malt liquor. An excise tax is imposed on the privilege of manufacturing and selling malt liquor in the State. Except as provided in subsection 2‑A, the in-state manufacturer or importing wholesale licensee shall pay an excise tax of 35¢ per gallon on all malt liq…

1. Spirits. The bureau shall sell all spirits at a price that will produce, in addition to any other tax or charge imposed under state or federal law, a premium in the amount specified in subsection 3. 2. Malt liquor, wine, low-alcohol spirits products, fortified wines and hard c…

1. Sales of food containing liquor restricted. No person other than a licensee may sell at retail food products with an alcohol content greater than 1/2 of 1% by volume. 2. Minors as purchasers or consumers. No person may sell to minors food products with an alcohol content great…

Any person who violates a provision of this chapter is guilty of a Class E crime.

1. Prohibited acts. A minor may not: A. Purchase liquor or imitation liquor. The following penalties apply to violations of this paragraph. (1) A minor who violates this paragraph commits a civil violation for which a fine of not less than $200 and not more than $400 must be adju…

1. Minor may not transport liquor; exception. 1-A. Minor may not transport liquor. Except as provided in subsection 1‑B, a minor may not knowingly transport or knowingly permit to be transported liquor in a motor vehicle under the minor's control. The following penalties apply to…

1. Court shall suspend license. The court shall suspend the operator's license or right to operate, or right to obtain a license, of a minor found in violation of section 2052 as follows: A. Thirty days for the first offense; [PL 1993, c. 93, §4 (NEW).] B. Ninety days for the 2nd…

If any person adjudicated to be in violation of section 2052 appeals from the judgment of the trial court, the execution of any suspension imposed on that person's license, right to obtain a license, and right to operate a motor vehicle in the State is stayed pending appeal and b…

1. Failure to appear when summoned. It is illegal for a person who is summoned as a witness by the bureau to appear before the bureau, to fail to appear without reasonable cause at the time and place designated in the subpoena or summons. 2. Penalties. A person who violates this …