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§1051
Title 28-A: LIQUORS
Part 3: LICENSES FOR SALE OF LIQUOR
Subpart 2: RETAIL LICENSES
Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES
Subchapter 1: GENERAL CONDITIONS
§1052

§1051-A. Vendor operation on premises of host licensee

1.  Definitions.  For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.  
A. "Host licensee" means an establishment licensed under this chapter to sell liquor for consumption on the premises and licensed by the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry to prepare, serve, sell or offer for sale food that uses the services of a licensed vendor or unlicensed vendor.   [PL 2025, c. 189, §1 (NEW).]
B. "Licensed vendor" means a person that holds a license issued by the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry to prepare, serve, sell or offer for sale food.   [PL 2025, c. 189, §1 (NEW).]
C. "Unlicensed vendor" means a person that does not hold a license issued by the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry to prepare, serve, sell or offer for sale food.   [PL 2025, c. 189, §1 (NEW).]
D. "Vendor" means a licensed vendor or unlicensed vendor.   [PL 2025, c. 189, §1 (NEW).]
[PL 2025, c. 189, §1 (NEW).]
2.  Conditions.  A vendor may operate on the premises of a host licensee under the following conditions.  
A. If an unlicensed vendor prepares, serves, sells or offers for sale any food on the premises of a host licensee, the host licensee is responsible for ensuring that the preparation, serving, selling or offering for sale of food complies with applicable food, health and safety rules.   [PL 2025, c. 189, §1 (NEW).]
B. If a licensed vendor prepares, serves, sells or offers for sale food, the licensed vendor is responsible for ensuring that its operations comply with food, health and safety rules applicable to the license to prepare, serve, sell or offer for sale food as issued by the Department of Health and Human Services or the Department of Agriculture, Conservation and Forestry.   [PL 2025, c. 189, §1 (NEW).]
C. A vendor may serve alcoholic beverages on the premises of the host licensee only if those beverages are supplied exclusively by the host licensee and the host licensee or an employee of the host licensee who is authorized to serve liquor is present.   [PL 2025, c. 189, §1 (NEW).]
D. A vendor employee may serve alcohol only if the employee is authorized to serve liquor and the vendor employee has provided to the host licensee an affidavit stating that the vendor employee has not been convicted of a first offense of violating section 2078 or section 2081, subsection 1, paragraph A or B within 2 years of the date of the affidavit nor convicted of a second offense of violating section 2078 or section 2081, subsection 1, paragraph A or B within 5 years of the date of the affidavit. The affidavit must be executed prior to the vendor operating on the premises of a host licensee. The bureau shall develop the affidavit form required by this paragraph and provide a copy of the affidavit to vendors.   [PL 2025, c. 189, §1 (NEW).]
E. A vendor employee who serves alcohol on the premises of the host licensee is considered a server of the host licensee for purposes of the Maine Liquor Liability Act.   [PL 2025, c. 189, §1 (NEW).]
F. The host licensee must maintain for a period of at least one year a written record of all operations involving vendors, including the name and contact information of the vendor, menus offered by the vendor and the dates and times of operation.   [PL 2025, c. 189, §1 (NEW).]
G. The vendor is responsible for collecting and remitting all applicable state and federal sales taxes on food and beverage sales conducted during its operations on the premises of the host licensee.   [PL 2025, c. 189, §1 (NEW).]
H. A host licensee is liable for any violation of the liquor laws or any rule adopted by the bureau committed by a vendor on the premises of the host licensee and is subject to any fine imposed for a violation. The license of the host licensee may be revoked or suspended and may be subject to the revocation or suspension of any other licenses that the host licensee holds.   [PL 2025, c. 189, §1 (NEW).]
[PL 2025, c. 189, §1 (NEW).]
SECTION HISTORY
PL 2025, c. 189, §1 (NEW).
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