An Act To Promote Fairness for Small Businesses That Serve Alcoholic Beverages
Maine Legislature, Session 121, LD 1643
Committee: Legal and Veterans Affairs
Sponsors: BRUNO
Amends: 28-A MRSA §1051, 28-A MRSA §1201, 28-A MRSA §1206, 28-A MRSA §2074

Legislative Document 
No. 1643 
H.P.1220 
House of Representatives, December 8,2003 
An Act To Promote Fairness for Small Businesses That Serve 
Alcoholic Beverages 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 3,2003. Referred to the Committee on 
Legal and Veterans Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative BRUNO of Raymond. 
Printed on recycled paper 
77/~/h.1l!~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRS A §1013 is enacted to read: 
SIOI3. 
Class XII licenses 
1. 
tYPes of liquor that may be sold. 
A Class XII licensee 
may sell wine and malt liquor to be consumed off the premises 
where sold. 
2. 
Fees. 
The fee for a Class XII license is as follows: 
A. 
Full-time, one year, $220. 
3. 
Eligible premises. 
The following premises are eligible 
to obtain a Class XII license: 
A. 
Class A restaurants that hold a Class L 
Class III or 
Class IV license and that offer food to be consumed off the 
premises where sold; and 
B. 
Restaurants that hold a Class III or Class IV license 
and that offer food to be consumed off the premises where 
sold. 
Sec. 2. 28-A MRSA §1051, sub-§3, as amended by PL 1999, c. 
236, §2, is further amended to read: 
3. 
Liquor not to be consumed elsewhere. 
Except as provided 
in paragraphs A aBaL 
B and C, 
Be 
.Q licensee for the sale of 
liquor 
to 
be 
consumed 
on 
the 
premises 
where 
sold 
may 
not 
personally or by an agent or employee, sell, give, furnish or 
deliver 
any 
liquor 
to 
be 
consumed 
elsewhere 
than 
upon 
the 
licensed premises. 
The service and consumption of liquor must be 
limited to areas that are clearly defined and approved in the 
application 
process 
by 
the 
bureau 
as 
appropriate 
for 
the 
consumption of liquor. 
Outside 
areas must 
be 
controlled by 
barriers and by signs prohibiting consumption beyond the barriers. 
A. 
Subject to law and the rules of the bureau, hotel or bed 
and breakfast licensees may sell liquor in the original 
packages 
or 
by 
the 
drink 
to 
bona fide 
registered 
room 
guests. 
Any sale to a guest may be delivered to the guest's 
room only by a hotel or bed and breakfast employee. 
B. 
A licensee may serve liquor at locations other than the 
licensed premises 
under 
the off-premise catering license 
issued under section 1052. 
Page l-LR2655(1) 
C. 
A restaurant or Class A restaurant that holds a Class 
XII license may sell wine and malt liquor to be consumed off 
the premises of the licensee. 
Sec. 3. 28-A MRSA §1201, sub-§3, as enacted by PL 1987, c. 
45, Pt. A, §4, is amended to read: 
3. 
May not sell liquor to be consumed on premises. 
We 
Except for those restaurants and Class A restaurants holding a 
Class XII license, a person licensed under this section may not 
sell malt liquor or wine to be consumed on the premises. 
Sec. 4. 28-A MRSA §1206, as enacted by PL 1993, c. 266, §23, 
is amended to read: 
§1206. Consumption prohibited on off-premise retail premises 
A person may not 
consume liquor on the premises of an 
off-premise 
licensee 
licensed 
under 
this 
chapter 
except 
as 
provided in section 1205 or if it is wine or malt liquor that is 
provided by a Class XII licensee. 
Sec. 5. 28-A MRSA §2074, sub-§l, as amended by PL 1997, c. 
306, §2, is further amended to read: 
1. 
Transportation on-premises or off-premises. 
Except as 
provided in section 1051 and for wine or malt liquor provided by 
a Class XII licensee, any person who transports liquor onto or 
off of the premises of an on-premise retail licensee is guilty of 
a Class E crime. 
SUMMARY 
This bill allows a restaurant that has been licensed to sell 
spirits, wine or malt liquor for consumption on the premises of 
the restaurant to obtain a license to also sell wine and malt 
liquor to be consumed off the premises of the restaurant.