LD 1035
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LD 1035 Title Page An Act to Require Proof of Liquor Liability Insurance Upon Demand by a Municipa... Page 2 of 2
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LR 532
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, current law does not authorize municipalities and
unincorporated places to require liquor liability insurance; and

 
Whereas, municipalities may not revoke licenses to sell liquor
due to lack of proof of liquor liability insurance; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 28-A MRSA §1051, sub-§2-A is enacted to read:

 
2-A.__Liquor liability insurance required.__The municipal
officers of the municipality in which the applicant's premises
are located or, if the premises are located in an unincorporated
place, the commissioners of the county within which the
unincorporated place is located may make local approval for
application for the license contingent upon proof of liquor
liability insurance with minimum coverage of $50,000 effective
for the duration of the license.

 
A.__The liquor liability insurance policy must contain a
provision that requires the insurer to notify the
municipality or unincorporated place within 10 days, by
first class mail, of any lapse or change of coverage of that
policy.

 
B.__The municipal officer or county commissioner shall
notify the licensee within 5 days of notification of a lapse
or change of coverage in the insurance policy indicating the
automatic revocation of the establishment's liquor license.

 
C.__The licensee shall respond to the municipal officer or
county commissioner within 5 days of receiving notice of the
license revocation.

 
D.__If the licensee can show proof of a new policy or give
good cause as to the reason for lapse or change of coverage,
the municipality or unincorporated place may withdraw the
license revocation.


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