An Act To Allow Dual Liquor Licenses for On-premises Consumption and Off-premises Retail Sales (AFTER DEADLINE) No. 1627 In Senate, May 3~ 2005
Maine Legislature, Session 122, LD 1627
Committee: Legal and Veterans Affairs
Sponsors: MITCHELL, GAGNON, PLOWMAN, LEWIN, MOORE, NUTTING, PATRICK, THOMPSON
Amends: 28-A MRSA §10, 28-A MRSA §1201

Legislative Document 
S.P.604 
An Act To Allow Dual Liquor Licenses for On-premises 
Consumption and Off-premises Retail Sales 
(AFTER DEADLINE) 
No. 1627 
In Senate, May 3~ 2005 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 205. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator MITCHELL of Kennebec. 
Cosponsored by Representative CANA V AN of Waterville and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: GAGNON of Kennebec, PLOWMAN of Penobscot, Representatives: LEWIN of 
Eliot, MOORE of Standish, NUTTING of Oakland, PATRICK of Rumford, THOMPSON of 
China. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §10, sub-§4 is enacted to read: 
4. 
Application. 
This section does not apply to a fine wine 
s~ore, as defined in section 1205, that is licensed under section 
1051, subsection 3-A. 
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 and B and in subsection 3-A, no licensee for the 
sale of liquor to be consumed on the premises where sold may 
personally or by an agent or employeer 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. 
Sec.3. 28-A MRS A §1051, sub-§3-A is enacted to read: 
3-A. 
Fine wine stores. 
Notwithstanding any other provision 
of law to the contrary, a licensed establishment that is a fine 
wine store, as defined in section 1205, that prepares and sells 
food to be consumed on the premises of the licensed establishment 
may be issued a license under this section if the malt liquor or 
wine to be served on the premises of the licensed establishment 
is accompanied by a meal. 
Sec. 4. 28-A MRSA §1201, sub-§3, as enacted by PL 1987, c. 45, 
Pt. A, §4, is amended to read: 
3. 
Cannot sell liquor to be consumed on premises. 
Ne 
Except as provided in section 1051, subsection 3-A, 
a person 
licensed under this section may not sell malt liquor or wine to 
be consumed on the premises. 
Page l-LR2330(1) 
Sec. 5. 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 1051, subsection 3-A and section 1205. 
SUMMARY 
This 
bill 
allows 
dual 
liquor 
licenses 
for 
on-premises 
consumption and Off-premises retail sales for fine wine stores 
that also prepare and sell food for consumption on their premises.