HP1205, LD 1725, item 1, An Act To Ensure Stability for Certain Holders of Liquor Licenses

An Act To Ensure Stability for Certain Holders of Liquor Licenses

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

Sec. 1. 28-A MRSA §1355-A, sub-§2-B is enacted to read:

2-B. Grandfathering of certain licenses issued prior to June 1, 2017. The bureau may not suspend, revoke or refuse to renew a license issued under this section or chapter 43 or 45 that was initially issued prior to June 1, 2017 solely on the basis that:

A. The establishment licensed under chapter 43 or 45 was determined by the bureau after June 1, 2017 to not be exclusively held or exclusively owned by a person licensed to manufacture liquor under this section; or

B. The licensee is in violation of section 707, subsection 2, 3 or 4, if the violation existed in the same manner at the time the license was initially issued or at the time the license was renewed prior to June 1, 2017.

The prohibition described in this subsection does not apply if the reason for suspension, revocation or refusal to renew is due to the licensee's substantial misrepresentation of or failure to disclose material facts required for the issuance or renewal of the license.

SUMMARY

This bill permanently prohibits the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations from suspending, revoking or refusing to renew certain licenses for the manufacture or sale of liquor issued prior to June 1, 2017 based solely on a change in the bureau's interpretation of the terms "exclusively held" and "exclusively owned" or based solely on a conflict with the Maine Revised Statutes, Title 28-A, section 707, subsection 2, 3 or 4.

HP1205 LD 1725	Session - 128th Maine Legislature		LR 2627 Item 1
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