Sec. SS-1. 28-A MRSA §453, sub-§2-A, as amended by PL 2001, c. 711, §2, is repealed and the following enacted in its place:
2-A. Replacement of state liquor stores or agency liquor stores. The bureau may license up to 6 agency liquor stores in a municipality with a population over 20,000 where a state liquor store has been closed and up to 3 agency liquor stores in a municipality with a population of 20,000 or less where a state liquor store has been closed. In addition, the bureau may establish one agency liquor store in a municipality where no state liquor store has operated, and, if the population is over 3,000, the bureau may locate 2 stores within the municipality. The bureau may consider the impact of seasonal population or tourism and other related information provided by the town requesting a 2nd agency liquor store location.
Sec. SS-2. 28-A MRSA §453, sub-§2-B is enacted to read:
2-B. Requirement of at least one replacement agency liquor store before closing. A state liquor store may not be closed unless at least one replacement agency liquor store with a federal wholesale registration and licensed as a reselling agent has been licensed within 10 miles of the state liquor store being closed or unless the director of the bureau determines that reasonable alternative access is available to persons who previously purchased spirits from the state liquor store being closed.
Sec. SS-3. 28-A MRSA §455, as amended by PL 1997, c. 373, §48, is repealed and the following enacted in its place:
§455. Liquor for agency liquor stores
1. Agency liquor store purchases. Agency liquor stores shall buy their liquor from the alcohol bureau under section 606.
2. Monthly specials. The alcohol bureau may establish monthly specials for all agency liquor stores. The issuance of an agency liquor store license and the operation of agency liquor stores licensed pursuant to this Part are governed by this chapter.
Sec. SS-4. 28-A MRSA c. 21 is enacted to read:
CHAPTER 21
WHOLESALE LIQUOR PROVIDER
§501. Wholesale liquor provider; definition
As used in this chapter, unless the context otherwise indicates, "wholesale liquor provider" means an entity or entities contracted by the State as an agent of the State for the purpose of providing wholesale spirits and fortified wine to establishments licensed by the State to sell spirits and fortified wine for off-premises consumption.
§502. Wholesale liquor provider prohibited from holding an agency liquor store license
A wholesale liquor provider is prohibited from holding a retail license to sell liquor for off-premises consumption.
§503. Sale to on-premises licensees prohibited
A wholesale liquor provider shall sell spirits and fortified wine to establishments licensed by the State to sell liquor for off-premises consumption. A wholesale liquor provider is prohibited from selling spirits and fortified wine directly to establishments licensed by the State to sell liquor for on-premises consumption.
Sec. SS-5. 28-A MRSA §606, sub-§1-A, as repealed and replaced by PL 1993, c. 276, §3, is amended to read:
1-A. On-premises licensees; purchase from agency store. A person licensed to sell spirits for consumption on the premises may shall purchase spirits from an agency liquor store only in accordance with this subsection.
A. The sale price of spirits sold to a licensee under this subsection must equal the price for which a licensee would purchase liquor at a state store. Beginning November 30, 2003, the sale price of spirits sold to an establishment licensed for on-premises consumption must equal the price established by the alcohol bureau.
B. Upon completion of a transaction, the agency liquor store and the on-premise licensee shall each retain a copy of the licensee order form.
Sec. SS-6. 28-A MRSA §606, sub-§4, as amended by PL 1997, c. 373, §58, is further amended to read:
4. Discount for agency liquor stores. The alcohol bureau shall sell spirits and fortified wines to agency liquor stores for a price of at least 8% less than the list price established for the state liquor stores. Beginning November 30, 2003, the alcohol bureau shall set the price of spirits and fortified wine at a minimum discount of 9% of the list price.
Sec. SS-7. Closure of 13 state liquor stores. Notwithstanding any other provision of law, the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations is directed to implement the closure of 13 state liquor stores commencing on the effective date of this Act and completed by November 30, 2003 and replace the state liquor stores with agency liquor stores in accordance with the Maine Revised Statutes, Title 28-A, section 453.
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