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Rep. Fitts’ Bill to Fix Taste-Testing Law Wins House Approval

AUGUSTA – State Rep. Stacey Fitts says help is on the way for wine shops and similar specialty stores that have traditionally offered taste-testing activities to attract customers and boost sales. LD 1628, sponsored by the Pittsfield lawmaker and designed to fix mistakes in legislation passed last year, was enacted overwhelmingly in the House chamber on March 4. The emergency measure will now move on to the Senate for final passage.

“The law passed during last year’s session has essentially shut down taste-testings that specialty wine and liquor retailers depend on to increase their business,” said Rep. Fitts. “Although the new law may have been well-intentioned, it backfired badly and penalized many businesses already struggling in this poor economy.”

During the First Session, the Legislature passed LD 498, “An Act Regarding Alcoholic Beverage Tastings.” The bill allowed retailers to conduct tastings of beer and hard liquor in addition to wine. It was approved 12-1 by the Committee on Legal and Veterans Affairs, which has jurisdiction over liquor laws.

An amendment introduced by Rep. David Webster, a Freeport Democrat, was approved on the House floor, however, that required retailers to ensure that taste-testing activities could not be observed by children. This regulation applied to tastings of all alcoholic beverages, including wine as well as beer and hard liquor, and has proven to be a hardship to business owners.

“Most stores that did not have a problem conducting wine tastings before last year’s law went into effect are now being hurt by this burdensome requirement,” said Rep. Fitts. “Some specialty stores have gone so far as to block out their windows with paper to shield children from peeking inside. If an establishment placed a curtain to screen off a taste-testing event, liquor inspectors could fine them because a child might peek underneath.”

LD 1628 removes the specific time period that a sign announcing an alcoholic beverage taste-testing event must be posted. It also increases the number of events a licensee may conduct from 12 to 24 per year. Finally, it also allows for invitation-only taste-testing events in place of or concurrent with an event open to the public. The Legal and Veterans Affairs Committee voted in favor of the legislation 11-2 last month.

It is expected that the Senate will enact the bill next week. As an emergency measure, the legislation becomes effective immediately upon Governor Baldacci signing it into law.

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