An Act To Allow for a Dual Liquor License
Maine Legislature, Session 124, LD 0989
Committee Amendment CA_A_H425 (House)

COMMITTEE AMENDMENT 'A" to H.P. 681, L.D. 989, Bill, "An Act To Allow 
for a Dual Liquor License" 
Amend the bill in section 1 in subsection 4 in the last line (page 1, line 4 in L.D.) by 
striking out the following: "1051, subsection 3-A" and inserting the following: '1207' 
Amend the bill in section 2 in subsection 3 in the 2nd line (page 1, line 8 in L.D.) by 
striking out the following: "subsection 3-A" and inserting the following: 'section 1207' 
Amend the bill by striking out all of section 3 (page 1, lines 21 to 27 in L.D.) 
Amend the bill in section 4 in subsection 3 in the 2nd line (page 1, line 31 in L.D.) by 
striking out the following: "1051, subsection 3-A" and inserting the following: '1207' 
Amend the bill in section 5 in § 1206 in the first paragraph in the 2nd line (page 1, 
line 37 in L.D.) by striking out the following: "section 1051, subsection 3-A and section 
1205" and inserting the following: 'section sections 1205 and 1207' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. 2S-A MRSA §1207 is enacted to read: 
§1207. Dual liquor license 
Notwithstanding any other provision of law, the bureau may issue a dual liquor 
license to a retail establishment to serve wine and malt liquor to be consumed on the 
premises in accordance with subsection 2 if that establishment is licensed to sell wine and 
malt liquor to be consumed off the premises and meets the criteria listed in subsection 1. 
1. Minimum criteria. In order for the bureau to issue a dual liquor license in 
accordance with this section the following criteria must be met: 
A. The licensee has submitted an application as prescribed by the bureau and the fee 
under subsection 3 to the bureau; 
B. The licensee's establishment includes a full kitchen that prepares hot and cold 
meals to be consumed on the premises; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 681, L.D. 989 
C. The licensee's establishment includes at least one restroom available for use by 
patrons; 
D. The licensee has dedicated an area of the establishment with table seating for a 
minimum of 16 people to sit and eat a meal prepared by the licensee; 
E. The licensee carries a combined stock of at least $35,000 of malt liquor and wine; 
F. The licensee has not committed a violation of this chapter during the past 2 years; 
and 
G. The licensee has received approval from the appropriate municipal officers prior 
to submitting an application to the bureau. 
2. License requirements. The holder of a dual liquor license is governed by the 
folIowing when serving malt liquor or wine to be consumed on the premises: 
A. Each serving of malt liquor or wine must be dispensed by the licensee or an 
employee of the licensee who is at least 18 years of age from a stock of malt liquor or 
wine that is separated from the malt liquor and wine that is for sale for consumption 
off the premises; 
B. The licensee shalI ensure that at least 2 employees at least 18 years of age are 
present at alI times when malt liquor or wine is being consumed on the premises with 
at least one whose primary responsibility is sales of malt liquor, wine and other items 
sold to be consumed off the premises; 
C. Malt liquor or wine may be served only to be consumed on the premises when 
accompanied by a meal; 
D. Patrons-of the establishment may not consume any alcoholic beverage on the 
premises unless it is served in accordance with this section by the licensee or an 
employee of the licensee; and 
E. A licensee may not serve malt liquor or wine to be consumed on the premises 
after 8:00 p.m. 
3. License fee. The license fee for a dual liquor license is $600 annualIy in addition 
to the license to seIl malt liquor or wine for consumption off the premises. 
4. Rules. The bureau shall adopt rules to implement this section. Rules adopted in 
accordance with this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A. 
Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, Jl)EP ARTMlENT OF 
Liquor Enforcement 0293 
Initiative: Provides funding for one Public Safety Inspector 11 position and related All 
Other costs. 
COMMI 
lEE AMENDMENT 
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COMMIITEE AMENDMENT "A" to H.P. 681, L.D. 989 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2009-10 
2010-11 
1.000 
1.000 
$63,106 
$66,852 
$12,000 
$12,000 
$75,106 
$78,852 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
Current law prohibits retail stores licensed to sell alcoholic beverages for 
consumption off the premises from allowing patrons to consume alcoholic beverages on 
the premises. This amendment establishes a dual liquor license for retail establishments 
that sell beer and wine to be consumed off the premises. The dual liquor license will 
allow certain off-premises licensees to serve beer and wine to be consumed on the 
premises. The licensee would be required to stock at least $35,000 in beer and wine, 
provide table seating for at least 16 persons, have a full kitchen that prepares meals and 
has staff dedicated to accommodating customers purchasing items to be taken away from 
the store. Beer or wine could be served only when accompanied by a meal. A dual liquor 
license with a $600 annual fee would be issued in addition to the off-premises license. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUffiED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/25/09 ;:!;Pac. 
124tb MAINE LEGISLATURE 
LD989 
LR 1354(02) 
An Act To Allow for a Dual Liquor License 
Fiscal Note for Bill as Amended by Committee Amendment ,~, 
Committee: Legal and V derans Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
($104,894) 
($101,148) 
$75,106 
$78,852 
$180,000 
$180,000 
Projections 
2011-12 
($99,089) 
$80,911 
$180,000 
Projections 
2012-13 
($96,966) 
$83,034 
$180,000 
This legislation provides for a dual liquor license to allow retail establishments that currently sell beer and wine to be 
consumed off premises to be able to sell wine and beer to be consumed on the premises. Assuming 15% of the 
establishments that could potentially qualify for this particular license would obtain a license, General Fund revenues 
will increase by $180,000 beginning in fiscal year 2009-10. The bill includes a General Fund appropriation to the 
Department of Public Safety for one Public Safety Inspector II position and related administrative costs to inspect the 
establishments and ensure compliance. 
LR1354(02) - Fiscal Note - Page I of I 
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