An Act To Promote Economic Development in Commercial and Downtown Areas of the State
Maine Legislature, Session 122, LD 1336
Committee: Legal and Veterans Affairs
Sponsors: GAGNON, PATRICK, BROWN, HANLEY, HOTHAM, MOORE
Amends: 28-A MRSA §70

Legislative Document 
No. 1336 
S.P.463 
In Senate, March 17, 2005 
An Act To Promote Economic Development in Commercial and 
Downtown Areas of the State 
(EMERGENCY) 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator GAGNON of Kennebec. 
Cosponsored by Representative PATRICK of Rumford and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BROWN of South Berwick, HANLEY of Gardiner, HOTHAM of Dixfield, 
MOORE of the Passamaquoddy Tribe. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation needs to take effect before the 
expiration of the 90-day period to encourage economic development 
in commercial and downtown areas in the State, which is a vital 
component to the overall growth and success of the State; and 
Whereas, a 
component 
of 
some 
commercial 
districts 
and 
downtown districts is the location of restaurants and bars in 
order to spur activity and growth in these districts; and 
Whereas, the prohibition on issuance of new liquor licenses 
to businesses located within 300 feet of churches and schools is 
primarily designed 
to 
prevent businesses 
from 
locating near 
established churches 
and schools and selling liquor in close 
proximity to those locations; and 
Whereas, the 
entry of 
a 
new 
school 
or 
church 
into 
a 
preexisting commercial zone where businesses are already allowed 
to obtain liquor licenses, or a downtown area, should not have 
the effect of disrupting the economic development plans of a 
municipality; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 28-A MRSA §70I, sub-§l, as amended by PL 1997, c. 373, 
§64, is further amended to read: 
1. 
Location within 
feet of churches 
and 
schools. 
Except as provided in paFa~FapR-8 paragraphs Band C, the 
bureau 
may not issue a new license for the sale of liquor to be consumed 
on the premises to new premises within 300 feet of a public or 
private school, school dormitory, church, chapel or parish house 
in existence as such at the time the application for the new 
license is made. 
B. 
The bureau may after holding a public hearing near the 
proposed location issue licenses to premises that are either 
in or within 300 feet of a church, chapel, parish house or 
postsecondary school. 
Page l-LR0297(1) 
C. 
The restriction in this subsection does not apply if a 
public or private school, school dormitory, church, chapel 
or parish house locates: 
(1) 
In a commercial zone that includes restaurants or 
bars as permitted uses and that had been established 
pursuant to 
a 
zoning ordinance as defined in Title 
30-A, section 4301, subsection lS-A prior to the public 
or private school, school dormitory, church, chapel or 
parish house locating in the commercial zone: or 
(2) 
In a downtown as defined in Title 30-A, section 
4301, subsection S-A. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill provides that when a new church or school enters a 
preexisting commercially zoned area that allows the issuance of 
liquor licenses or a downtown area, the prohibition on issuing 
liquor licenses to businesses located within 300 feet of a school 
or church does not apply.