An Act To Allow for a Dual Liquor License
Maine Legislature, Session 124, LD 0989
Committee: Legal and Veterans Affairs
Sponsors: VALENTINO, FITTS, PINKHAM, TRINWARD, SULLIVAN
Amends: 28-A MRSA §10, 28-A MRSA §1051, 28-A MRSA §1201, 28-A MRSA §1206

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
(~ 
/ 
i···· 
( 
~" 
; • .", 11 U 
Ii I'" Ilj I "'')'''' r "'" -., ,. 
II A~ \In 
P;>-tt""j'iij1.J, V 
1:.:..::(1 
~ iJ Ii 
'1.Jtl:!.""t, i! ,,~ 
/';1 1f~! A 
fm1!~\INF 
124th MAl E LEGISLATURE 
Legislative Document 
No. 989 
H.P.681 
House of Representatives, March 12,2009 
An Act To Allow for a Dual Liquor License 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative VALENTINO of Saco. 
?I/~d; frl· 7IlfLC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: FITTS of Pittsfield, PINKHAM of Lexington Township, 
TRINWARD of Waterville, Senator: SULLIVAN of York. 
Printed un rccych:d ptlpCI' 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §10, suh-§4 is enacted to read: 
) 
4. Application. This section does not apply to a dual license holder licensed under 
section 1051, subsection 3-A. 
Sec. 2. 28-A MRSA §1051, sa.u.b-§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 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. 
Subj ect 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 MRSA §1051, sub-§3-A is enacted to read: 
) 
3-A. Dual licensee. Notwithstanding any other provision of law to the contrary, an 
off-premise retail licensee with a license to sell malt liguor and a license to sell wine to be 
consumed off the premises, as provided under sections 1007 and 1009, and that prepares 
food to be consumed on the premises of the licensed establishment may be issued a 
license under this section if malt liguor 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 the premises. We 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. 
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. 
) 
Page I - 124LR1354(OI)-1 
() 
~ 
SUMMARY 
This bill allows an establishment licensed to sell beer or wine for consumption off 
premises to also have a license for on-premises consumption of beer and wine as long as 
the beer or wine is served to accompany a meal.