PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 539
H.P. 1323 - L.D. 1883

An Act To Clarify the Liquor Laws

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

     Sec. 1. 28-A MRSA §2, sub-§1, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

     1. Agency liquor store. "Agency liquor store" means a person who is licensed by the commission bureau to sell spirits to be consumed off the premises.

     Sec. 2. 28-A MRSA §2, sub-§15, ¶H, as amended by PL 1987, c. 342, §5, is further amended to read:

H. "Hotel" means any reputable place operated by responsible persons of good reputation, where the public obtains sleeping accommodations for a consideration and where meals may be served, whether or not under one roof.

(1) A hotel is considered to be serving meals when it provides on the premises one or more public dining rooms, open and serving food during the morning, afternoon and evening, and a separate kitchen in which food is regularly prepared for the public.
(2) Nothing in this paragraph may be held to prevent the commission bureau from issuing part-time licenses to bona fide part-time hotels.
(3) "Hotel guest" means a person whose name and address is registered on the registry maintained by the hotel and who is the bona fide occupant of a room of the hotel. A person registering solely for the purpose of obtaining liquor is not considered a hotel guest.

     Sec. 3. 28-A MRSA §2, sub-§16-A, as amended by PL 1993, c. 462, §2, is further amended to read:

     16-A. Low-alcohol spirits product. "Low-alcohol spirits product" means a product containing spirits that has an alcohol content of less than 6% or less by volume.

     Sec. 4. 28-A MRSA §355, as amended by PL 1997, c. 373, §41, is further amended to read:

§355. Closed in cases of riots; hurricanes; flood

     The Governor or the alcohol bureau may, in cases of riots, hurricanes and floods, order any or all state liquor stores or agency liquor stores to close.

     Sec. 5. 28-A MRSA §453-C, sub-§1, as enacted by PL 2001, c. 711, §6, is amended to read:

     1. Agent licensed to resell spirits purchased from the alcohol bureau. An agent licensed to resell spirits and fortified wine purchased from the State to a retail licensee licensed for on-premises consumption must be licensed as a reselling agent. An agent is prohibited from reselling liquor to a retail licensee licensed for on-premises consumption except for spirits and fortified wine purchased from the commission alcohol bureau or a state liquor store. A reselling agent may not resell fortified wine purchased from wholesalers licensed to sell beer and wine in the State.

     Sec. 6. 28-A MRSA §606, as amended by PL 2003, c. 20, Pt. SS, §§5 and 6 and affected by §8, is further amended to read:

§606.   Liquor bought from alcohol bureau; sale to government agencies

     1. Purchase of liquor. Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits must purchase liquor from the alcohol bureau or a state or agency liquor store. This subsection does not apply to public service corporations operating interstate.

     1-A. On-premises licensees; purchase from agency store. A person licensed to sell spirits for consumption on the premises 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 commission.
B. Upon completion of a transaction, the agency liquor store and the on-premise on-premises licensee shall each retain a copy of the licensee order form.

     1-C. Price of state liquor sales to licensees. The commission alcohol bureau may offer discounts below the list price to licensees.

     2. On-premises retailers must report purchases. All persons licensed to sell liquor to be consumed on the premises shall report all liquor purchases to the commission bureau on forms provided by the commission bureau.

     3. Prospective licensees may order liquor in advance. Upon approval of the bureau, persons who have been issued a license, effective at a future date, may order liquor in advance of the effective date of the license and may advertise the effective date.

     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.

     5. Sale to government instrumentalities. The alcohol bureau may authorize the sale of spirits to government instrumentalities within the State approved by the bureau. The alcohol bureau shall set the price.

     6. Sale to airlines and ferry services for consumption outside the State. The alcohol bureau may authorize the sale of spirits not for consumption within the State to airlines and ferry services or their agents as authorized by the bureau. The alcohol bureau shall set the price.

     7. Premium must be collected. Nothing in this section permits the sale of spirits without collecting the entire premium assessed under chapter 65.

     8. Limits on price. An agency liquor store shall sell all spirits and fortified wine purchased from the commission alcohol bureau at the retail price established by the commission.

     Sec. 7. 28-A MRSA §1051, sub-§1, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

     1. Licenses for sale of liquor to be consumed on the premises where sold. Subject to subsection 2, the commission bureau may issue licenses for the sale of spirits, wine and malt liquor to be consumed on the premises where sold to qualified applicants upon payment of fees provided.

     Sec. 8. 28-A MRSA §1052, sub-§4, as amended by PL 1987, c. 342, §77, is further amended to read:

     4. Application. The licensee must apply for an off-premise off-premises catering license by filing a written application with the commission bureau at least 24 hours before the event or gathering. The application must include the following:

A. Title and purpose of the event;
B. Date, time and duration;
C. Location;
D. Approximate number of persons to be accommodated;
E. Name and address of sponsoring person, organization or association;
F. If food is to be served, the name and address of food caterer, if other than the licensee; and
G. Approval by the municipal officers, or a municipal official designated by the municipal officers, of the municipality in which the proposed additional licensed premises are located, which, notwithstanding section 653, may be granted without public notice.

     Sec. 9. 28-A MRSA §1651, sub-§2, as amended by PL 1995, c. 181, §§1 and 2, is further amended to read:

     2. Special pricing situations. The commission alcohol bureau may set prices at different levels than those established by the commission in the following special situations.

C. Notwithstanding the other provisions of this section, with approval of the Commissioner of Administrative and Financial Services, the commission alcohol bureau may reduce the price of discontinued items of liquor. The reduced price may not be less than the actual cost of the discontinued liquor items.
E. Notwithstanding the other provisions of this section, the commission alcohol bureau may establish special prices on certain listed liquor items to be made available to the consumer at all state and agency stores. These special prices must not be lower than the price established for the same listed item at the 2 discount state liquor stores authorized under section 403.
F. Spirits sold under section 606 may be sold at prices established under section 606.
G. Notwithstanding the other provisions of this section, the commission alcohol bureau may reduce, at the expense of the broker or supplier, the price of those test-market items that fail to meet set minimum gross profit standards after a 3-month period.

     Sec. 10. 28-A MRSA §1651, sub-§4, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

     4. Net revenue deposited to General Fund. The commission shall deposit all All net revenue revenues derived from the tax under this section must be credited to the credit of the General Fund.

     Sec. 11. 28-A MRSA §2503, sub-§3, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:

     3. Licensee. Notwithstanding section 2, subsection 14, "licensee" means any person to whom a license of any kind is issued by the commission bureau and any person who is required to be licensed to serve liquor.

     Sec. 12. 28-A MRSA §2519, sub-§2, as amended by PL 1999, c. 519, §§2 and 3, is further amended to read:

     2. Advisory committee; appointment. The commissioner shall appoint the Server Education Advisory Committee consisting of 7 8 members, to include:

A. A representative of the faculty at the Maine Criminal Justice Academy;
B. A liquor enforcement officer;
C. A representative of the Department of the Attorney General;
D. A representative of the Office of Substance Abuse;
E. A representative of the education community;
F. A representative of a statewide liquor licensee organization; and
G. A representative of a statewide trial lawyers organization.; and
H. A representative of the alcohol bureau.

Effective August 23, 2006.

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