H.P. 1502 - L.D. 2124
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, vessels operating on inland waters are currently not eligible for liquor licenses on the same basis as coastal vessels; and
Whereas, it is necessary to authorize liquor licenses for commercial vessels that carry at least 25 passengers and operate on inland waters before the beginning of the summer season in order to provide for continuing and improved services by such vessels; 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 §2, sub-§15, ¶V, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:
V. "Vessel" means any ship, vessel or boat of any kind used for navigation of the coastal water or for commercial navigation of inland waters, and licensed for carrying not less than 25 passengers under the requirements of the Public Utilities Commission or the United States Coast Guard, and used only on waters other than inland waters.
Sec. 2. 28-A MRSA §1077, sub-§2, ¶B, as amended by PL 1997, c. 373, §103, is further amended to read:
B. Except as provided in subparagraph (1), licenses issued under this section to vessel companies operating boats within the State authorize the licensees to sell liquor in the boats after leaving and before reaching ports within the State and licenses issued under this section to commercial vessel companies operating boats on inland waters authorize the licensees to sell liquor on board the boat after leaving and before reaching docks on inland waters.
(1) A licensee may sell liquor for consumption on board a vessel that is in port or docked, only if prior approval for the sale is obtained from the bureau under the license application procedure in section 653. A separate approval must be obtained for each port or dock location from which on-board sales of liquor are to be made.
Sec. 3. 28-A MRSA §1077, sub-§2, ¶C, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:
C. A vessel licensed to sell liquor under this section may sell liquor on Sundays only between the hours of 12 noon 9:00 a.m. and midnight on inland waters and when operated within the 3-mile limit on coastal waters.
Sec. 4. 28-A MRSA §1077, sub-§2, ¶D is enacted to read:
D. Notwithstanding the provisions of sections 121 and 122, a vessel on inland waters may sell liquor without approval of the municipal officers or, in the case of unincorporated places, the county commissioners.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 1, 1998.
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