An Act To Allow Retail Liquor Licensees To Sell Alcoholic Beverages for On-premises and Off-premises Consumption at One Location
Maine Legislature, Session 127, LD 1289
Committee: Veterans and Legal Affairs
Sponsors: BRAKEY, TURNER, CUSHING, LIBBY, ESPLING, GUERIN, O'CONNOR, SANDERSON, SAWICKI
Amends: 28-A MRSA §10, 28-A MRSA §1206, 28-A MRSA §1208

Legislative Document 
No. 1289 
S.P. 464 
In Senate, April 9, 2015 
An Act To Allow Retail Liquor Licensees To Sell Alcoholic 
Beverages for On-premises and Off-premises Consumption at One 
Location 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BRAKEY of Androscoggin. 
Cosponsored by Representative TURNER of Burlington and 
Senators: CUSHING of Penobscot, LIBBY of Androscoggin, Representatives: ESPLING of 
New Gloucester, GUERIN of Glenburn, O'CONNOR of Berwick, SANDERSON of Chelsea, 
SAWICKI of Auburn. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §10, as amended by PL 2013, c. 344, §1, is further amended 
to read: 
§10.  Class A restaurant and off-premise retail licensee on same premises 
1.  Class A restaurant or restaurant and off-premise retail licensee on same 
premises not prohibited.  If a portion of premises is licensed as an off-premise retail 
licensee, no provision within this Title may be construed to prohibit issuance of a Class 
III or Class IV license to the same licensee for a restaurant or Class A restaurant for the 
remaining portion of the premises, as long as necessary qualifications are maintained for 
each separately licensed area license. 
2.  Access between the 2 licensed areas.  There may be access between the 2 
licensed areas for the licensee or the licensee's employees if it is through areas open only 
to the licensee or the employees.  There must be complete nonaccess between the 2 
licensed areas by the public. 
2-A.  Access exception.  Notwithstanding subsection 2, there may be access between 
the 2 licensed areas by the public as provided by this subsection. 
A.  There may be access between the 2 licensed areas when there is a clear 
delineation of space, by a wall or permanent barrier that separates the 2 licensed areas 
and allows only one clearly defined and controlled point of access for patrons 
between the licensed establishments.  The controlled point of access is not required to 
include a door that must be physically opened and closed. 
B.  When access between the 2 licensed areas exists for patrons of either 
establishment, all malt liquor and wine sold for on-premises consumption must be 
served by an employee of the licensed establishment and may be served only when 
accompanying a full meal prepared in a separate and complete kitchen on the 
premises.  For the purposes of this paragraph, "full meal" means a diversified 
selection of food that cannot ordinarily be consumed without the use of tableware and 
cannot be conveniently consumed while standing or walking. 
C.  Malt liquor or wine sold or served on the premises may not be transported by a 
patron or employee of either establishment from one licensed area to another.  The 
licensee shall ensure that easily readable signs are conspicuously posted to inform the 
public that transfer of alcoholic beverages from one licensed area to another is strictly 
prohibited. 
This subsection is repealed September 30, 2015. 
2-B.  Access exception.  Notwithstanding subsection 2, premises licensed as an off-
premise retail licensee may also be licensed as a Class III licensee, Class IV licensee or 
Class A restaurant as long as alcoholic beverages served or sold as individual servings for 
on-premises consumption are served by an employee of the Class III, Class IV or Class A 
restaurant licensee. 
3.  Licensee to maintain separate records, supplies and inventory.  The licensee 
shall maintain records within each separate licensed establishment in accordance with the 
appropriate license privilege authorized for each separate area.  The licensee shall 
maintain supplies and inventory separately in accordance with the appropriate license 
privilege either in each separate licensed establishment or, with prior approval of the 
bureau, in one storage area on the premises with appropriate separation of the supplies 
and inventory. 
4.  Application.  This section does not apply to a dual license holder licensed under 
section 1208. 
Sec. 2.  28-A MRSA §1206, as amended by PL 2011, c. 629, §20, is further 
amended to read: 
§1206.  Consumption prohibited on off-premises retail premises 
A person may not consume liquor on the premises of an off-premise retail licensee 
licensed under this chapter except as provided in sections 460, 1205, 1207, 1208, 1402-A 
and 1504. 
Sec. 3.  28-A MRSA §1208, as reallocated by PL 2009, c. 510, §7, is repealed. 
SUMMARY 
This bill provides that a retail establishment licensed to sell alcoholic beverages for 
off-premises consumption may also be licensed as a Class A restaurant or an 
establishment licensed to sell beer and wine for consumption on the premises as long as 
alcoholic beverages are served as individual servings by an employee of the on-premises 
establishment.  This bill repeals the existing dual liquor license provision in law.