Sec. 1. 28-A MRSA §453-A, sub-§5, as amended by PL 2001, c. 711, §5, is further amended to read:

5. Licensing decisions. The bureau shall conduct an investigation to determine the feasibility of the location and type of facility for the agency liquor store and shall issue the license to one or more of the applicants, taking into consideration any factors the bureau considers appropriate. When considering the issuance of a license, the bureau shall consider the proximity of the proposed agency store to existing agency stores and the potential impact the location of the proposed agency store may have on an existing agency store. The bureau may deny a license if the bureau determines the proposed agency store location is in too close proximity to an existing agency store. The bureau may not deny a license application solely due to the proposed agency store's proximity to an existing agency store or the population of the municipality in which the proposed agency store is to be located.

SUMMARY

This bill prohibits the Department of Public Safety from denying an application for an agency liquor store solely due to the proposed agency store's proximity to an existing agency liquor store or the population of the municipality of the proposed agency store.