An Act To Allocate Redemption Centers Based on Population
Maine Legislature, Session 124, LD 0938
Committee: Business, Research and Economic Development
Sponsors: CUSHING, CLEARY, GILES, PRESCOTT, RECTOR
Amends: 32 MRSA §1871-A, 32 MRSA §1871-D

Legislative Document 
No. 938 
H.P. 641 
House of Representatives, March 10, 2009 
An Act To Allocate Redemption Centers Based on Population 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative CUSHING of Hampden. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CLEARY of Houlton, GILES of Belfast, PRESCOTT of 
Topsham, Senator: RECTOR of Knox. 
Printed on recycled pi.lpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRS A §1867, sub-§3, as amended by PL 2001, c. 661, §6, is further 
amended to read: 
3. 
Approval. The commISSIOner sflal.l may approve the licensing of a local 
redemption center if the redemption center complies with the requirements established 
under section 1871-A. The order approving a local redemption center license must state 
the dealers to be served and the kinds, sizes and brand names of empty beverage 
containers that the center accepts. 
Sec. 2. 32 MRSA §1871-A, sub-§2, as enacted by PL 2001, c. 661, §9, is 
amended to read: 
2. Criteria for licensing rules. In developing rules under subsection 1 for licensing 
redemption centers, the department shall consider at least the following: 
A. The health and safety of the public, including sanitation protection when food is 
i4 
also sold on the premises; aHd 
B. The convenience for the public, including standards goveming the distribution of 
centers by population or by distance, or both~~ 
C. The proximity of the proposed redemption center to existing redemption centers 
and the potential impact the location of the proposed redemption center may have on 
an existing redemption center; 
D. The proposed redemption center's owner's record of compliance with this chapter 
and rules adopted by the department pursuant to this chapter; and 
E. 
The hours of operation of the proposed redemption center and of existing 
redemption centers in the proximity of the proposed redemption center. 
Sec. 3. 32 MRS A §1871-A, sub-§3 is enacted to read: 
3. 
Location of redemption centers. 
The department may grant licenses to 
redemption centers as set out under this subsection. 
A. The depm1ment may license up to 5 redemption centers in a municipality with a 
population over 30,000. 
B. The department may license up to 3 redemption centers in a municipality with a 
population over 20,000 but no more than 30,000. 
C. The department may license up to 2 redemption centers in a municipality with a 
population over 5,000 but no more than 20,000. 
D. 
The department may license no more than one redemption center in a 
municipality with a population of no more than 5,000. 
Sec. 4. 32 MRS A §1871-A, sub-§4 is enacted to read: 
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4. Exception to location requirements. This subsection sets out exceptions to the 
requirements of subsection 3. 
A. Subsection 3 does not apply to a redemption center that was licensed under this 
chapter on September 1, 2007 that is renewing its license or being sold. 
B. Subsection 3 does not apply to an entity that is a food establishment licensed 
under this Title or an eating establishment that is licensed under Title 22 when the 
redemption of beverage containers accounts for less than 25% of the entity's total 
yearly gross revenue. 
C. 
A reverse vending machine may not be considered a redemption center for 
purposes of subsection 3 when it is located in a redemption center licensed under this 
chapter. 
D. The department may grant a license that is inconsistent with the requirements set 
out in subsection 3 if the applicant has demonstrated a compelling public need for an 
additional redemption center in a municipality. 
Sec. 5. 32 MRSA §1871-D is enacted to read: 
§1871-D. Denial of redemption center license 
1. Denial of application. If the depmtment denies an application for a redemption 
center license under this chapter, the department shall notify the applicant the reason for 
the denial. The notification must be written and sent to the mailing address given by the 
applicant in the application for a license. 
2. Aggrieved applicants. An applicant may appeal the deniarof a license under this 
section by filing an appeal with the District Court and serving a copy of the appeal upon 
the department in accordance with the Maine Rules of Civil Procedure, Rule 80C. The 
appeal must be filed and served within 30 days of the mailing of the notice of denial 
under subsection 1. 
SUMMARY 
This bill amends the licensing of local redemption centers by requmng the 
Department of Agriculture, Food and Rural Resources to consider the proximity of a 
proposed redemption center to existing redemption centers. 
The bill also limits the 
number of redemption centers that may be licensed in a municipality based on the 
population of the municipality. The population limits do not apply to existing redemption 
centers, certain licensed food establishments and reverse vending machines located in a 
redemption center and may be waived if the applicant shows a compelling public need for 
another redemption center. 
The bill also provides a procedure for an applicant denied a redemption center license 
to appeal that denial.