Maine § 28-A §1209 Sale of privately held wine by auction

Maine Statutes

§ 28-A §1209 — Sale of privately held wine by auction

Maine·Title 28-A LIQUORS·Part 3 LICENSES FOR SALE OF LIQUOR·Ch. 45 LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES

Notwithstanding any provision to the contrary in section 1201, chapter 55 or chapter 57, this section governs wine auctions.

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Wine auctions. A wine auction may be held by an auction permittee only in accordance with this section. A person legally owning privately held wine may sell or commission for sale the privately held wine to an auction permittee by means of an auction pursuant to this section. Privately held wine may not be auctioned under this section to a person who holds a license under this subpart or subpart 3.

3.Permit; fee. Subject to the conditions in subsection 4, the bureau may issue a permit to conduct a wine auction to a person licensed unde

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Notwithstanding any provision to the contrary in section 1201, chapter 55 or chapter 57, this section governs wine auctions.
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Wine auctions.
A wine auction may be held by an auction permittee only in accordance with this section. A person legally owning privately held wine may sell or commission for sale the privately held wine to an auction permittee by means of an auction pursuant to this section. Privately held wine may not be auctioned under this section to a person who holds a license under this subpart or subpart 3.
3.
Permit; fee.
Subject to the conditions in subsection 4, the bureau may issue a permit to conduct a wine auction to a person licensed under Title 32, section 285 who applies for a wine auction permit. A permit issued pursuant to this subsection is valid for the length of the auction, which may not exceed 2 days. The permit fee for a wine auction is $250.
4.
Conditions.
The following conditions apply to a wine auction and a wine auction permit under this section.
5.
Excise tax; sales tax.
An auction permittee shall comply with the provisions of chapter 65 and Title 36, Part 3 including all requirements relating to the collection, reporting and remittance of the excise and sales and use taxes of the State on sales of privately held wine sold at a wine auction. The bureau may refuse to issue a wine auction permit to an auction permittee who has violated this subsection.
6.
Beverage container deposit.
A container of privately held wine auctioned under this section must comply with the provisions of Title 38, chapter 33.
7.
Rules.
The bureau shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.