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: Veterans and Legal Affairs
Sponsors: DESCHAMBAULT, HARRINGTON, DIAMOND, DILL, MASON, SAVIELLO, VOLK, GROHMAN, POULIOT
Amends: 28-A MRSA §1051

Legislative Document
No. 1738
S.P. 637
In Senate, December 22, 2017
An Act To Permit the Sale and Consumption of Alcohol in an Area 
That Is Not Contiguous to Licensed Premises
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 19, 2017.  Referred to the Committee 
on Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DESCHAMBAULT of York.
Cosponsored by Representative HARRINGTON of Sanford and
Senators: DIAMOND of Cumberland, DILL of Penobscot, MASON of Androscoggin, 
SAVIELLO of Franklin, VOLK of Cumberland, Representatives: GROHMAN of Biddeford, 
POULIOT of Augusta.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §1051, sub-§3, as amended by PL 2009, c. 438, §2, is 
further amended to read:
3.  Liquor not to be consumed elsewhere.  Except as provided in paragraphs A and 
B and in section 1207, no a licensee for the sale of liquor to be consumed on the premises 
where sold may not personally or by an agent or employee, sell, give, furnish or deliver 
any liquor to be consumed elsewhere than upon the licensed premises or noncontiguous 
real estate that meets the conditions specified in subsection 9.  The service and 
consumption of liquor must be limited to areas that are clearly defined and approved in 
the application process by the bureau as appropriate for the consumption of liquor.  
Outside areas must be controlled by barriers and by signs prohibiting consumption 
beyond the barriers.
A.  Subject to law and the rules of the bureau, hotel or bed and breakfast licensees 
may sell liquor in the original packages or by the drink to bona fide registered room 
guests.  Any sale to a guest may be delivered to the guest's room only by a hotel or 
bed and breakfast employee.
B.  A licensee may serve liquor at locations other than the licensed premises under 
the off-premise catering license issued under section 1052.
Sec. 2.  28-A MRSA §1051, sub-§9 is enacted to read:
9.  Use of noncontiguous real estate. Notwithstanding section 2, subsection 24, a 
licensee that is a licensed establishment may use noncontiguous real estate as a part of the 
licensee's premises only if the following conditions are met:
A.  The noncontiguous real estate is municipally owned and the licensee has obtained 
approval from the municipality to directly or indirectly control the noncontiguous real 
estate for the operations of the licensee;
B.  The noncontiguous real estate has been approved by the bureau as a proper place 
for the exercise of the license privilege;
C.  The licensee uses the noncontiguous real estate in the operation of the licensed 
establishment;
D.  Only a retail employee of the licensee serves spirits, wine or malt liquor for 
consumption in the noncontiguous real estate; and
E.  Spirits, wine and malt liquor are not served in the noncontiguous real estate more 
than one hour after the time food service is stopped or 11 p.m., whichever occurs 
first.
The area between a licensed establishment and noncontiguous real estate that meets the 
conditions specified in this subsection may be accessible to the public.  The bureau shall 
adopt routine technical rules as described in Title 5, chapter 375, subchapter 2-A to 
implement this subsection.
SUMMARY
This bill allows the sale of alcohol to persons who are on municipally owned property 
that is not contiguous to the licensed premises of a person licensed to sell spirits, wine or 
malt liquor for on-premises consumption as long as certain conditions are met, such as 
approval by the municipality, the exercise of control over the noncontiguous real estate 
by the licensee, restricting to employees of the licensee the sale of alcohol and limiting 
the time during which alcohol may be sold on the noncontiguous real estate.  The bill also 
permits the public to travel between the licensed premises and noncontiguous real estate.