28-A §1405. Bonded wholesale licensees

Title 28-A: LIQUORS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

Part 3: LICENSES FOR SALE OF LIQUOR HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

Subpart 3: NON-RETAIL SALES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

Chapter 55: MALT LIQUOR AND WINE WHOLESALE LICENSEES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

§1405. Bonded wholesale licensees

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. [1997, c. 373, §129 (AMD).]

B. The bonded wholesale licensee shall complete the forms in triplicate. [1987, c. 45, Pt. A, §4 (NEW).]

C. The bonded wholesale licensee shall submit the original copy to the brewery, winery or foreign wholesaler with whom he wishes to place the order. [1987, c. 45, Pt. A, §4 (NEW).]

D. The bonded wholesale licensee shall then mail to the bureau one copy of the form and retain one copy for the licensee's files. [1997, c. 373, §129 (AMD).]

[ 1997, c. 373, §129 (AMD) .]

2. Corporate security bond. To secure payment of the excise tax and premium, each wholesale licensee shall file with the bureau a corporate surety bond guaranteeing payment of the proper excise tax and premium due the State.

A. The bureau shall fix the amount and terms of the bond, subject to the following restrictions.

(1) The bond must be equal to the highest monthly excise tax and premium paid by the wholesale licensee during the period of the prior year license, plus 10% of the highest month.

(2) New licensees desiring to furnish bond under this section shall furnish a corporate surety bond in an amount to be determined by the bureau.

(3) All bonds must be provided and effective only for each licensed year. [1997, c. 373, §130 (AMD).]

B. Failure to pay the excise tax and premium when due is grounds for suspension of the license of the wholesale licensee. [1987, c. 45, Pt. A, §4 (NEW).]

[ 1997, c. 373, §130 (AMD) .]

3. Payment of excise tax and premium. By filing the bond required in subsection 2, a wholesale licensee may pay monthly the excise tax imposed by section 1652 and the premium imposed by section 1703 on all malt liquor or wine shipped into the State as shown by invoice of the shipment by the out-of-state wholesaler or certificate of approval holder.

A. The wholesale licensee shall pay the excise tax and premium by the 10th day of the calendar month following the month in which shipment occurs. [1987, c. 45, Pt. A, §4 (NEW).]

B. At the time of payment of the excise tax and premium, each Maine wholesale licensee shall file with the bureau in the form prescribed by the bureau:

(1) A verified monthly report of all malt liquor or wine purchased or imported based on the date of shipment invoice during the preceding calendar month; and

(2) Any additional information the bureau requires to compute and ensure the accuracy of the excise tax and premium payment accompanying the report. [1997, c. 373, §131 (AMD).]

[ 1997, c. 373, §131 (AMD) .]

SECTION HISTORY

1987, c. 45, §A4 (NEW). 1997, c. 373, §§129-131 (AMD).