An Act To Amend the Retail Tobacco and Liquor Licensing Laws
Maine Legislature, Session 124, LD 0462
Committee: Health and Human Services
Sponsors: MILLS, MILLER
Amends: 22 MRSA §1552, 22 MRSA §1557, 22 MRSA §1558, 28-A MRSA §803

Legislative Document 
No. 462 
S.P. 165 
In Senate, February 10, 2009 
An Act To Amend the Retail Tobacco and Liquor Licensing Laws 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204 . 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator MILLS of Somerset. 
Cosponsored by Representative MILLER of Somerville. 
Printed on recycled paper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1552, sub-§l, as amended by PL 2005, c. 12, Pt. TT, § 1, is 
further amended to read: 
1. Application process; license fees. An applicant for an annual retail tobacco 
license shall file an application in the form required by the department. The department 
shall make provisions for applications under this section. The fee for a retail tobacco 
license must be determined The department shall determine annually by the department 
by rulemaking the fee for a retail tobacco license, including the proration of an initial 
license that is issued for less than one year. The applicant shall enclose the fee with the 
application for the license. Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 22 MRSA §1552, sub-§2, as amended by PL 2003, c. 673, Pt. CC, § 1, is 
further amended to read: 
2. 
Term of license. 
All retail tobacco licenses are valid for one year a term 
beginning April 1 st and ending the following March 31 st, or in the case of an initial 
license issued after April 1 st, for a term beginning on the date of issue and ending the 
following March 31st, unless suspended, revoked or not subject to the transfer under 
section 1553. 
Licenses that have been suspended or revoked may be reinstated, as 
permitted by the District Court decision issued under subchapter 2, upon the receipt of an 
application for reinstatement and payment of all penalties and an application fee of $50. 
Sec. 3. 22 MR.SA §1552, sub-§3-A, as enacted by PL 2005, c. 145, §2, is 
amended to read: 
3-A. Seasonal mobile tobacco vendor license. An applicant who is a seasonal 
mobile tobacco vendor may purchase a single annual lic'ense authorizing that vendor to 
operate at 2 or more agricultural fairs, festivals or exhibitions held during the agricultural 
fair season. A license issued under this subsection must clearly specify the name and 
location of each fair, festival or exhibition at which the licensee is authorized to operate 
and, for each location, the specific dates and number of machines for which the licensee 
is authorized. A licensee may not operate at any agricultural fair, festival or exhibit 
except as specifically provided in that license. A seasonal mobile tobacco vendor license 
expires upon the conclusion of the agricultural fairs, festivals or exhibitions for which it 
was issued. 
Upon issuing a license under this subsection, the department shall 
immediately provide the information required by this subsection to the Office of the 
Attorney General for purposes of inspection and enforcement. 
Sec. 4. 22 MRSA §1557, as amended by PL 1995, c. 593, §6 and PL 1999, c. 547, 
Pt. B, §78 and affected by §80, is further amended to read: 
§1557. Jurisdiction; District Court 
1. Jurisdiction. The District Court, pursuant to the Maine Administrative Procedure 
Act, shall conduct hearings on all matters concerning violations by tobacco licensees of 
any state law related to tobacco sales. Notwithstanding Title 5, chapter 375, subchapter 
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¥I Q, the District Court Judge has exclusive jurisdiction over all violations of this chapter 
by licensees and their agents or employees when He f! criminal penalty is not provided. 
2. Powers. The District Court may impose fines 6f on licensees and their agents or 
employees and suspend or revoke licenses in accordance with this chapter. 
3. Injunction. If the person licensed to sell tobacco products has engaged in or is 
about to engage in any act or practice that violates this chapter, the District Court may 
grant a permanent or temporary injunction, restraining order or other order as appropriate. 
Sec. 5. 22 MRSA §1558, sub-§2, as enacted by PL 1995, c. 470, §9 and affected 
by § 19 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further 
amended to read: 
2. Notice and hearing. Except as provided under subsection 7, upon receipt of a 
signed complaint prepared under subsection 1, paragraph A, the District Court shall 
notifY the licensee provide notice and hold a hearing according to the following 
procedures. 
A. The District Court shall notifY the licensee or the licensee's agent or employee by 
serving the licensee or the licensee's agent or employee with a copy of the complaint 
and a notice that states the time and place of the hearing and that the licensee or the 
licensee's agent or employee may appear in person or be represented by counsel at the 
hearing. Service of the complaint and hearing notice upon the licensee is sufficient 
when sent by registered or celiified mail at least 7 days before the date of the hearing 
to the address given by the licensee at the time of application for a license. Service of 
the complaint and hearing notice upon a licensee's agent or employee is sufficient 
when sent by registered or certified mail at least 7 days before the date of the hearing 
to the address given by the agent or employee at the time the agent or employee was 
initially notified by the department of the violation. 
B. The District Court shall conduct a hearing limited to the facts, laws and rules 
specified in the complaint. 
C. 
The District Court shall conduct the hearing in the following manner. 
(1) The District COUIi may subpoena and examine witnesses, administer oaths 
and subpoena and compel the attendance of parents and legal guardians of 
unemancipated minors. 
(a) The department shall pay to the witnesses the legal fees for travel and 
attendance, except that, notwithstanding Title 16, section 253, the depaliment 
is not required to pay the fees before the travel and attendance occur. 
(2) Hearsay testimony is not admissible during the hearing. 
The licensees, 
agents or employees named in the complaint have the right to have all witnesses 
testify in person at the hearing. 
(3) The District COUIi shall state in writing the findings and decision in each case 
based on the facts, laws and rules cited in the complaint. The findings must 
specify the facts found and the laws or rules violated. 
Sec. 6. 22 MRSA §1558, sub-§8, as amended by PL 2005, c. 223, §5, is further 
amended to read: 
8. Fines. Notwithstanding any other provisions of this Title, the District Court may 
impose on a licensee or the licensee's agent or employee a fine of a specific sum of not 
less than $50 nor more than $1,500 for anyone offense. The fine is independent of any 
fine or forfeiture adjudged under subchapter I 1 or II ~ and may be imposed instead of or 
in addition to any suspension or revocation of a license. 
A. The District Court shall maintain a record of all fines received by the court. Any 
fines received must be credited as follows: 
to the Department of Health and 
Human Services in a nonlapsing account to be used by the depaIiment to defray 
administrative costs of retail tobacco licensing and 1/2 to a nonlapsing account to be 
used by the Attorney General to support enforcement and responsible retailing 
education programs. Annually, the court shall repOli to the Office of Substance 
Abuse the total amount of fines collected. 
Sec. 7. 28-A MRSA §803, sub-§2, as amended by PL 1997, c. 373, §77 and PL 
1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
2. Notice and hearing. Except as provided under subsection 6, upon receipt of a 
signed complaint prepared under subsection 1, paragraph A, the District Court Judge shall 
notify the licensee provide notice and hold a hearing according to the following 
procedures. 
A. 
The District Court Judge shall notify the licensee or the licensee's agent or 
employee by serving on the licensee or the licensee's agent or employee a copy of the 
complaint and a notice stating the time and place of the hearing and that the licensee 
or the licensee's agent or employee may appear in person or by counsel at the hearing. 
Service of the complaint and hearing notice upon the licensee is sufficient if sent by 
registered or certified mail at least 7 days before the date ofthe hearing to the address 
given by the licensee at the time of the licensee's application for a license. Service of 
the complaint and hearing notice upon a licensee's agent or employee is sufficient 
when sent by registered or certified mail at least 7 days before the date of the hearing 
to the address given by the agent or employee at the time the agent or employee was 
initially notified by the bureau of the violation. 
B. The District Court Judge shall conduct a hearing limited to the facts, the law and 
rules of the bureau, as specified in the complaint. 
C. The District Court Judge shall conduct the hearing in the following manner. 
(1) The District Court Judge may subpoena and examine witnesses, administer 
oaths and subpoena and compel the attendance of parents and legal guardians of 
unemancipated minors. 
(a) 
The bureau shall pay to the witnesses the legal fees for travel and 
attendance, except that, notwithstanding Title 16, section 253, the bureau is 
not required to pay the fees before the travel and attendance occur. 
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(2) Hearsay testimony is not admissible during the hearing. 
The licensees, 
agents or employees named in the complaint have the right to have all witnesses 
testify in person at the hearing. 
(3) The District Court Judge shall conduct hearings in one or more designated 
places that are the !Ilost convenient and economical for all parties concerned in 
the hearing. 
D. The District Court Judge shall state in writing the findings and decision in each 
case, based upon the facts, the law and the rules of the bureau. The findings must 
specify the factsfound and the law or rules found to be violated. 
Sec. 8. 28-A MRSA §803, sub-§8, as enacted by PL 1987, c. 45, Pt. A, §4 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
8. Fines. Notwithstanding any other provisions of this Title, aft the District Court 
Judge may impose a fine of a specific sum on a licensee or the licensee's agent or 
employee, of not less than $50 nor more than $1,500, for anyone offense. Such a fine 
may be imposed instead of or in addition to any suspension or revocation of a license by 
the court. 
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A. The District COUli Judge shall maintain a record of all fines received by the court 
and shall pay the fines into the General Fund by the 15th day of each month. 
SUMMARY 
This bill clarifies that all retail tobacco licenses expire March 31st each year and 
requires the Department of Health and Human Services' rules to ·provide for prorated 
license fees for new applications received after April 1st. The bill further clarifies the 
jurisdiction of and provides consistent procedures for the District Court over agents and 
employees of both retail tobacco licensees and liquor licensees when charged with 
administrative violations.