An Act To Provide Additional In-store Space for Maine's Businesses by Removing License and Permit Posting Requirements
Maine Legislature, Session 125, LD 1695
Committee: Labor, Commerce, Research and Economic Development
Sponsors: PRESCOTT, RECTOR, BENNETT, OLSEN, VOLK, LANGLEY, MARTIN, SNOWE-MELLO
Amends: 22 MRSA §1552-A, 22 MRSA §2167, 28-A MRSA §604, 30-A MRSA §3703, 36 MRSA §1754-B

Legislative Document 
No. 1695 
H.P. 1247 
House of Representatives, December 23, 2011 
An Act To Provide Additional In-store Space for Maine's Businesses 
by Removing License and Permit Posting Requirements 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Labor, Commerce, Research and Economic Development pursuant to Joint Rule 308.2 and 
ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative PRESCOTT of Topsham. 
Cosponsored by Senator RECTOR of Knox and 
Representatives: BENNETT of Kennebunk, McKANE of Newcastle, OLSEN of Phippsburg, 
VOLK of Scarborough, Senators: LANGLEY of Hancock, MARTIN of Kennebec, SNOWE-
MELLO of Androscoggin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1552-A, as amended by PL 1997, c. 305, §1, is further 
amended to read: 
§1552-A.  Production of license; notices 
1.  Production of licenses.  A licensee shall publicly display make available a copy 
of the license on the premises and on each machine to which the license applies or the 
owner's primary place of business for inspection by the commissioner, the 
commissioner's representatives and agents or authorized municipal officials. 
2.  Display of prohibition against sales to juveniles.  All licensees shall post notice 
of the prohibition on tobacco sales to juveniles pursuant to section 1555-B.  Notices must 
be publicly and conspicuously displayed in the licensee's place of business in letters at 
least 3/8 inches high.  Signs required by this section must be provided at cost by the 
department.  Any person who violates this subsection commits a civil violation for which 
a forfeiture of not less than $50 nor more than $200 may be adjudged for any one offense. 
Sec. 2.  22 MRSA §2167, first ¶, as amended by PL 2003, c. 452, Pt. K, §15 and 
affected by Pt. X, §2, is further amended to read: 
A person, firm, corporation or copartnership may not operate a food establishment, or 
a food salvage establishment or act as a salvage broker unless licensed for that purpose by 
the commissioner. In the case of retail food establishments, licenses issued must be 
displayed in a place visible to made available at the retail food establishment or at the 
person's, firm's, corporation's or copartnership's primary place of business for inspection 
by customers or other persons using a licensed the retail food establishment. 
Sec. 3.  28-A MRSA §604, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to 
read: 
§604.  Production of licenses 
All licensees shall publicly display make available for inspection their licenses on at 
the premises to which they those licenses apply or at the licensees' primary places of 
business. 
Sec. 4.  30-A MRSA §3703 is enacted to read: 
§3703.  Production of licenses or permits 
The municipal officers may not require a licensee or permittee to publicly display the 
licensee's or permittee's license or permit on the premises to which that license or permit 
applies.  The municipal officers may require a licensee or permittee to make available for 
inspection the license or permit at the premises to which the license or permit applies or 
at the licensee's or permittee's primary place of business. 
Sec. 5.  36 MRSA §1754-B, sub-§2, as amended by PL 2009, c. 496, §17, is 
further amended to read: 
2.  Registration certificates.  Application forms for sales tax registration certificates 
must be prescribed and furnished free of charge by the assessor.  The assessor shall issue 
a registration certificate to each applicant that properly completes and submits an 
application form.  A separate application must be completed and a separate registration 
certificate issued for each place of business.  A registration certificate issued pursuant to 
this section is nontransferable and is not a license within the meaning of that term in the 
Maine Administrative Procedure Act.  Each application for a registration certificate must 
contain a statement as to the type or types of tangible personal property that the applicant 
intends to purchase for resale and the type or types of taxable services that the applicant 
intends to sell, and each retailer registered under this section must inform the assessor in 
writing of any changes to the type or types of tangible personal property that it purchases 
for resale or to the type or types of taxable services that it sells. 
If the retailer maintains a place of business in this State, the retailer shall make available a 
copy of the registration certificate must be conspicuously displayed at issued for that 
place of business at that place of business or at the retailer's primary place of business for 
inspection by the assessor, the assessor's representatives and agents or authorized 
municipal officials.  If the retailer does not have a fixed place of business and makes sales 
from one or more motor vehicles, each motor vehicle is deemed to be a place of business. 
SUMMARY 
This bill eliminates the administrative burden of publicly displaying certain permits 
and licenses and the use of space for the display of those licenses and permits that could 
be otherwise used, including sales tax registration certificates, retail tobacco licenses, 
including those required to be displayed on tobacco vending machines, retail food 
establishment licenses, licenses for the sale of liquor and any license or permit issued by a 
municipality.  Instead of displaying the license or permit, a licensee or permittee must 
make the license or permit available on demand at the premises or at the licensee's or 
permittee's primary place of business.