An Act To Allow Dual Liquor Licenses for On-premises Consumption and Off-premises Retail Sales
Maine Legislature, Session 122, LD 1627
Committee Amendment CA_A_S518 (Senate)
Amends: 28-A MRSA §1013, 28-A MRSA §1201

COMMITTEE AMENDMENT "A" to 
Act To Allow Dual Liquor Licenses 
Off-premises Retail Sales" 
S.P. 604, L.D. 1627, Bill, "An 
for On-premises Consumption and 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 28-A MRSA §1013 is enacted to read: 
§1013. 
Class XII licenses 
1. 
tYPes of 1igyor that may be sold. 
A Class XII licensee 
may sell wine to be consumed off the premises where sold. 
2. 
Fee. 
The 
fee 
for 
a 
full-time, 
one-year Class 
XII 
license is $420. 
3. 
Eligible premises. 
A restaurant that gualifies for a 
Class III license and that offers food to be consumed on and off 
the premises where sold is eligible to obtain a Class XII license. 
4. 
Reqy.irements. 
The holder of a Class XII license must 
meet the following reguirements: 
A. 
The licensee must have on display for sale a m1n1mum of 
different wine labels on the licensed premises; 
Page l-LR2330(2) 
COMMITTEE AMENDMENT 
~" 
COMMITTEE AMENDMENT ,J' .. to S.P. 604, L.D. 1627 
B. 
The 
sale of wine 
for 
off-premises 
consumption must 
account for at least 50% of annual gross retail sales of the 
establishment; 
c. 
The sguare footage of the combined retail and restaurant 
space on the licensed premises may not exceed 2,500 sguare 
feet; 
D. 
An 
employee 
or 
person 
hired 
to 
serve 
wine 
for 
on-premises consumption or to sell wine for off-premises 
consumption shall complete a seller-server education course 
and provide proof of completion to the bureau; and 
E. 
The licensee may have a financial interest in only one 
establishment eligible for a Class XII license that sells 
alcoholic beverages for either off-premises or on-premises 
consumption. 
Sec. 2. 28-A MRSA §l051, 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 aBQ.,L 
B and C, 
Be .e 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 
eff-~Feffiise 
off-premises 
catering license issued under section 1052. 
C. 
A restaurant that holds a Class XII license may sell 
wine to be consumed on or 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: 
COMMITTEE AMENDMENT 
.. " 2 
COMMITTEE AMENDMENT 'A" to S.P. 604, L.D. 1627 
3. 
May not sell liquor to be consumed on premises. 
We 
Except for a restaurant 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 premises of off-premises retail 
licensees 
A person may not consume liquor on the premises of an 
eEE-pFemise off-premises licensee licensed under this chapter 
except as provided in section 1205 or except for wine 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 except for wine provided by a Class 
XII licensee, any person who transports liquor onto or off of the 
premises of an eB-pFemise on-premises retail licensee is guilty 
of a Class E crime. 
Sec. 
6. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
Liquor Enforcement 
0293 
Initiative: 
Appropriates 
funds 
for 
one additional Auditor 
I 
position needed to audit Class XII licensees. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2005-06 
0.000 
$0 
$0 
$0 
2006-07 
1.000 
$38,294 
$2,009 
$40,303' 
This amendment replaces the bill and is the minority report 
of 
the 
committee. 
It creates 
a 
new 
license that allows 
a 
restaurant to have a license to sell wine for off-premises and 
on-premises 
consumption. 
The 
fee 
for this license is $420. 
Premises eligible for this license must carry at least 125 labels 
COMMITTEE AMENDMENT 
~,t, 
COMMITTEE AMENDMENT 'A" to S.P. 604, L.D. 1627 
of wine for retail sale and generate at least 50% of their annual 
gross income from the sale of wine for off-premises consumption 
and may not exceed 2,500 square feet. 
The holder of this license 
may not have 
a 
financial interest in any other establishment 
licensed to sell alcoholic beverages for either off-premises or 
on-premises 
consumption. 
This 
amendment 
also 
requires 
that 
people employed by the licensed premises to sell wine for either 
off-premises or on-premises consumption complete a seller-server 
education course. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/20106 ~ac;. 
LD 1627 
LR 2330(02) 
An Act To Allow Dual Liquor Licenses for On-premises Consumption and Off-premises Retail Sales 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Net Cost (Savings) 
General Fund 
<\.ppropriations/ Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2005-06 
2006-07 
$0 
($80,167) 
$0 
$40,303 
$0 
$120,470 
Projections 
2007-08 
($73,430) 
$47,040 
$120,470 
Projections 
2008-09 
($68,840) 
$51,630 
$120,470 
Beginning in fiscal year 2006-07, the establishment of a new liquor retail license will increase annual General Fund 
revenue collected by the Department of Public Safety by an estimated $120,470. In addition, the department will 
require an additional General Fund appropriation of $40,303 in fiscal year 2006-07 for the costs of an additional 
Auditor I position necessary to audit licensees in this new licensure category. 
LR2330(2) - Fiscal Note - Page 1 of 1