An Act To Clarify the Liquor Laws
Maine Legislature, Session 122, LD 1883
Committee: Legal and Veterans Affairs
Amends: 28-A MRSA §606, 28-A MRSA §1052, 28-A MRSA §1651, 28-A MRSA §2503, 28-A MRSA §2519

Legislative Document 
No.lSS3 
H.P.1323 
House of Representatives, January 3, 2006 
An Act To Clarify the Liquor Laws 
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204. 
Received by the Clerk of the House on December 28,2005. 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 Representati ve PATRICK of Rumford. 
Pnnted on recycled paper 
1f/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28·A MRSA §2, sub·§I, as enacted by PL 1987, c. 45, 
Pt. A, §4, is amended to read: 
1. 
Agency liquor store. 
"Agency 
person who is licensed by the 9E1RURissiElB 
to be consumed off the premises. 
liquor store" means 
a 
bureau to sell spirits 
Sec. 2. 28·A MRSA §2, sub-§l5, ,H, as amended by PL 1987, c. 
342, §S, 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 eElRURissiElR 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 §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 
a~eeRe~ bureau may, in cases of riots, 
hurricanes and floods, order any or all state liquor stores or 
agency liquor stores to close. 
Sec. 4. 28·A MRSA §453·C, sub-§l, 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 
Page l-LR2953(l) 
" 
a retail licensee licensed for on-premises consumption except for 
spirits and fortified wine purchased from the e9HURissi9R 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. 5. 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 bouqht from alcohol bureau; sale to government 
aqencies 
1. 
Purchase 
of 
liquor. 
Subject 
to 
the 
restrictions 
provided in subsection I-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. 
I-A. 
On-premises licensees; purchase fro. aqency 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 a±e9B9±-BYFeay commission. 
B. 
Upon 
completion of 
a 
transaction, 
the agency liquor 
store and the 
eR-~Femise on-premises licensee shall each 
retain a copy of the licensee order form. 
I-C. 
Price 
of 
state 
liquor 
sales 
to 
eemmissieR alcohol bureau may offer discounts 
price to licensees. 
licensees. 
below the 
The 
list 
2. 
On-premises 
retailers 
must 
persons licensed to sell liquor to be 
shall report all liquor purchases to 
forms provided by the eemmissieR bureau. 
report 
purchases. 
All 
consumed on the premises 
the e9HURissieR bureau on 
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. 
• 
Premi lDR must be 
permits the sale of spirits 
assessed under chapter 65. 
collected. 
Nothing in this section 
without collecting the entire premium 
8. 
Limits on price. 
An agency liquor store shall sell all 
spirits and fortified wine purchased from the eellllllissieB alcohol 
bureau at the retail price established by the commission. 
Sec. 6. 28-A MRS A §1051. sub-§l. 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 eellllllissieB 
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. 7. 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 eff-F~elllise 
off-premises catering license by filing a written application 
with the eeJ1lJ1lissieB 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. 8. 28-A MRSA § 1651, sub-§2, as amended by PL 1995, c. 
181, §§1 and 2, is further amended to read: 
2. 
Special pricing 
bureau 
may 
set prices 
at 
special situations. 
situations. 
different 
The 
levels 
eemmissiea 
alcohol 
in the 
following 
C. 
Notwithstanding the other provisions of this section, 
with approval 
of 
the 
Commissioner 
of Administrative 
and 
Financial Services, the eemmissiea 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 
eeR'u~issiea 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 
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 eefRfRissiea 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. 9. 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. 
±Re--€tHflm-iss-iea 
sRa:l:l--<lep<H;-.H:--a±± All net FeVea1:le revenues derived from the tax 
under this section must be credited to the eFeei&-e~-~Re General 
Fund. 
Sec. 10. 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 eemmissieB bureau and any person who is required to 
be licensed to serve liquor. 
Sec. 11. 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 1 
~ 
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; aRe 
G. 
A 
representative 
of 
a 
statewide 
trial 
lawyers 
organizationT; and 
H. 
A representative of the alcohol bureau. 
SUMMARY 
This bill seeks to clarify obsolete language pertaining to 
the Department of Administrative and Financial Services, Bureau 
of Alcoholic Beverages and Lottery Operations and the Department 
of Public Safety. 
It also adds a representative from the bureau 
to the Server Education Advisory Committee.