An Act To Repeal Laws Prohibiting Certain Businesses from Operating on Sunday
Maine Legislature, Session 125, LD 0186
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PILON
Amends: 8 MRSA §268, 14 MRSA §705, 16 MRSA §353-A, 17 MRSA §312, 28-A MRSA §4, 28-A MRSA §123, 28-A MRSA §353, 28-A MRSA §601, 28-A MRSA §1077, 28-A MRSA §1355, 29-A MRSA §903, 38 MRSA §490-Z

Legislative Document 
No. 186 
H.P. 163 
House of Representatives, January 27, 2011 
An Act To Repeal Laws Prohibiting Certain Businesses from 
Operating on Sunday 
(EMERGENCY) 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PILON of Saco. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, certain businesses in Maine are not allowed to operate on Sunday, placing 
them at an economic disadvantage; and 
Whereas, current economic realities require that business owners be allowed to 
operate on Sunday to contribute to the recovery of Maine’s economy; 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. 1.  8 MRSA §268, first ¶, as amended by PL 1999, c. 394, §1, is further 
amended to read: 
The commission shall adopt rules for holding, conducting and operating all harness 
horse races or meets for public exhibition held in this State and for the operation of 
racetracks on which any such race or meet is held; notwithstanding any other provision of 
law, harness horse races or meets licensed to be held on Sunday may commence at, but 
not before, noon. 
Sec. 2.  14 MRSA §705, as amended by PL 1995, c. 694, Pt. D, §15 and affected 
by Pt. E, §2, is repealed. 
Sec. 3.  16 MRSA §353-A, as enacted by PL 1979, c. 11, §2, is repealed. 
Sec. 4.  17 MRSA §312, sub-§3, as enacted by PL 2003, c. 452, Pt. I, §2 and 
affected by Pt. X, §2, is amended to read: 
3.  Restricted hours.  A person, firm, association or corporation may not conduct 
"beano" or "bingo" on Christmas or between the hours of 12 midnight and 7 a.m.  A 
person, firm, association or corporation may not conduct "beano" or "bingo" on Sunday, 
except after the hour of 11 a.m.  The prevailing time for the State is used to determine 
these hours. 
Sec. 5.  17 MRSA c. 105, sub-c. 1, as amended, is repealed. 
Sec. 6.  17 MRSA c. 105, sub-c. 2, as amended, is repealed. 
Sec. 7.  28-A MRSA §4, sub-§1, as amended by PL 2001, c. 21, §1, is further 
amended to read: 
1.  Hours for sale of liquor.  Except as provided in paragraphs  A  B to D, licensees 
may sell or deliver liquor from 6 a.m. on any day until 1 a.m. of the following day. 
A.  Licensees may not sell liquor on Sunday between the hours of 6 a.m. and 9 a.m. 
B.  Licensees may sell liquor on January 1st of any year from 12 midnight to 2 a.m. 
(1)  In areas in which liquor may be sold except on Sundays, if January 1st falls 
on a Monday, licensees may sell or deliver liquor between 9 p.m. Sunday, 
December 31st and 2 a.m. January 1st, notwithstanding any local option 
decisions to the contrary. 
D.  Wholesale licensees may sell or deliver liquor to licensed establishments from 4 
a.m. on any day until 1 a.m. the following day. 
Sec. 8.  28-A MRSA §4, sub-§5, as enacted by PL 1987, c. 45, Pt. A, §4, is 
repealed. 
Sec. 9.  28-A MRSA §4, sub-§6, as enacted by PL 1987, c. 45, Pt. A, §4, is 
repealed. 
Sec. 10.  28-A MRSA §123, as amended by PL 1997, c. 373, §30, is further 
amended to read: 
§123.  Local option questions 
Any one or more of the following questions may be voted on in a local option 
election held under section 121.  Each question applies to both full-time and part-time 
licensed establishments. 
1.  Sale of liquor for consumption on the premises.  Shall this municipality 
authorize the State to issue licenses for the sale of liquor to be consumed on the premises 
of licensed establishments on days other than Sunday? 
2.  Sale of liquor for consumption off the premises.  Shall this municipality 
authorize the State to permit the operation of state liquor stores and agency liquor stores 
on days other than Sunday? 
2-A.  Sale of malt liquor and wine for consumption off the premises.  Shall this 
municipality authorize the State to issue licenses for the sale of malt liquor and wine to be 
consumed off the premises of licensed establishments on days other than Sunday? 
3.  Sale of liquor for consumption on the premises on Sundays.  Shall this 
municipality authorize the State to issue licenses for the sale of liquor to be consumed on 
the premises of licensed establishments on Sundays? 
4.  Sale of liquor for consumption off the premises on Sundays.  Shall this 
municipality authorize the State to permit the operation of state liquor stores and agency 
liquor stores on Sundays? 
4-A.  Sale of malt liquor and wine for consumption off the premises on Sundays.  
Shall this municipality authorize the State to issue licenses for the sale of malt liquor and 
wine to be consumed off the premises of licensed establishments on Sundays? 
Sec. 11.  28-A MRSA §353, as amended by PL 1997, c. 373, §40, is further 
amended to read: 
§353.  Business hours 
State liquor stores and agency liquor stores may be open for the sale and delivery of 
liquor between the hours of 6 a.m. and 1 a.m. in municipalities and unincorporated places 
that have voted in favor of the operation of state liquor stores under local option 
provisions.  Notwithstanding any local option decisions to the contrary, state liquor stores 
and agency liquor stores may be open from 9 a.m. Sunday to 1 a.m. the next day.  The 
alcohol bureau shall establish the hours of operation of each state liquor store. 
Sec. 12.  28-A MRSA §601, sub-§2, ¶D, as enacted by PL 1987, c. 45, Pt. A, §4, 
is repealed. 
Sec. 13.  28-A MRSA §601, sub-§2, ¶E, as enacted by PL 1987, c. 45, Pt. A, §4, 
is repealed. 
Sec. 14.  28-A MRSA §1077, sub-§2, ¶C, as amended by PL 1997, c. 656, §3, is 
repealed. 
Sec. 15.  28-A MRSA §1355, sub-§3, ¶B, as amended by PL 1993, c. 730, §46, 
is further amended to read: 
B.  A holder of a farm winery license may serve complimentary samples of wine and 
sell, during regular business hours, wines produced at the winery by the bottle, by the 
case or in bulk on the premises of the winery to persons who are not minors. A holder 
of a farm winery license may serve complimentary samples of wine on Sunday after 
the hour of 12 noon and may sell wines on Sunday after the hour of 12 noon if the 
municipality in which the winery is located has authorized the sale of wines on 
Sunday for consumption off the premises under chapter 5. 
Sec. 16.  29-A MRSA §903, sub-§1, ¶H, as enacted by PL 1993, c. 683, Pt. A, 
§2 and affected by Pt. B, §5, is amended to read: 
H.  Violation of the Maine Unfair Trade Practices Act, or Title 17, section 3203; 
Sec. 17.  38 MRSA §490-Z, sub-§14, ¶G, as enacted by PL 1995, c. 700, §35, is 
amended to read: 
G.   Blasting may not occur in the period between sundown and sunrise the following 
day or in the period between 7:00 p.m. and 7:00 a.m., whichever is greater.  Routine 
production blasting is not allowed in the daytime on Sunday.  Detonation of misfires 
may occur outside of these times but must be reported to the department within 5 
business days of the misfire detonation.  Blasting may not occur more frequently than 
times per day.  Underground production blasting may be exempted from these 
requirements provided that as long as a waiver is granted by the department. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill repeals the so-called "Sunday blue laws," which prohibit certain businesses, 
such as automobile dealerships, from operating on Sundays.