An Act To Permit the Sale and Consumption of Alcohol in an Area That Is Not Contiguous to Licensed Premises
Maine Legislature, Session 128, LD 1738
Committee Amendment CA_A_S354 (Senate)
Amends: 28-A MRSA §1051

COMMITTEE AMENDMENT "A " to S.P. 637, L.D. 1738, Bill, "An Act To 
Permit the Sale and Consumption of Alcohol in an Area That Is Not Contiguous to 
Licensed Premises" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 28-A MRSA §1051, sub-§9 is enacted to read: 
9. Use of noncontiguous real estate. Notwithstanding section 2. subsection 24. the 
bureau may approve the use of noncontiguous real estate near an establishment licensed 
under this chapter as part of the premises where the licensee may exercise the license 
privilege. 
A. The bureau shall ensure the following conditions have been met before approving 
the use of noncontiguous real estate as part of the licensed premises: 
{l) The noncontiguous real estate is owned by the municipality in which the 
establishment is licensed: 
(2) The licensee has obtained approval from the municipality to directly or 
indirectly control the noncontiguous real estate for the exercise of the license 
privilege; and 
(3) The bureau has determined that the noncontiguous real estate is a proper 
place for the exercise of the license privilege. 
B. A licensed establishment authorized to use noncontiguous real estate as part of the 
licensed premises may not: 
· 
{l) Permit any person other than an employee of the licensed establishnient to 
transport liquor between the establishment and the noncontiguous real estate; or 
(2) 
Notwithstanding section l!i. subsection 2. sell or serve liguor on the 
noncontiguous real estate later than one hour after the time food service has 
ended or 11 p.m .• whichever occurs first. 
!" 
{, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 637, L.D. 1738 
C. The area between the licensed establishment and the noncontiguous real estate 
may be accessible to the public if it is a public way as defined by Title 29-A. section 
101. 
D. The bureau shall adopt rules to implement the provisions of this subsection. 
Rules adopted pursuant to this paragraph are routine technical rules as described in 
Title 5, chapter 375. subchapter 2-A.' 
SUMMARY 
This amendment clarifies that noncontiguous real estate near an establishment 
licensed for the sale of liquor for consumption on the premises that is approved by the 
Department of Administrative and Financial Services, Bureau of Alcoholic Beverages 
and Lottery Operations as a proper place for exercise of the licensee's privilege is 
considered part of the licensed premises. The amendment also clarifies that only an 
employee of the licensed establishment may transport liquor between the licensed 
establishment and the noncontiguous real estate. 
FISCAL NOTE REQUIRED 
(See attached) 
· ::· ·,, 
" 
COMMITTEk AMENDMENT 
Approved: 02/08/18 .:Wac. 
LD 1738 
LR 2745(02) 
An Act To Permit the Sale and Consumption of Alcohol in an Area That Is Not Contiguous to 
Licensed Premises 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''A' l S-35~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations as a result of clarifications to the 
rnles regarding non-contiguous real estate included in a liquor license are anticipated to be minor and can be absorbed 
within existing budgeted resources. 
LR2745(02) - Fiscal Note - Page 1 of 1