An Act To Allow Municipalities To Adjust Times of Operation for Establishments That Serve Alcohol
Maine Legislature, Session 128, LD 1107
Committee: Veterans and Legal Affairs
Sponsors: PARRY, DION, CEBRA, FARRIN, GOLDEN, KINNEY, O'CONNOR, SANDERSON, SYLVESTER, BELLOWS
Amends: 28-A MRSA §4

Legislative Document
No. 1107
H.P. 781
House of Representatives, March 21, 2017
An Act To Allow Municipalities To Adjust Times of Operation for 
Establishments That Serve Alcohol
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PARRY of Arundel.
Cosponsored by Senator DION of Cumberland and
Representatives: CEBRA of Naples, FARRIN of Norridgewock, GOLDEN of Lewiston, 
KINNEY of Limington, O'CONNOR of Berwick, SANDERSON of Chelsea, SYLVESTER of 
Portland, Senator: BELLOWS of Kennebec.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  28-A MRSA §4, sub-§1, as amended by PL 2015, c. 74, §1, is further 
amended to read: 
1.  Hours for sale of liquor.  Except as provided in paragraphs B and D to E, 
licensees may sell or deliver liquor from 5 a.m. on any day until 1 a.m. of the following 
day. 
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. 
E.  On-premises retail licensees may sell liquor from 4 a.m. to 1 a.m. the following 
day or 5 a.m. to 2 a.m. the following day if: 
(1)  The legislative body of a municipality votes to extend by one hour the sale of 
liquor at establishments licensed for on-premises consumption within the 
municipality; 
(2)  The municipality has a full-time police department or contracts with the 
county sheriff or State Police to provide coverage during the extended hour of 
operation; and 
(3)  The municipality notifies the bureau of the extended hour within 30 days of 
adoption. 
Sec. 2.  28-A MRSA §4, sub-§2, as amended by PL 1993, c. 730, §14, is further 
amended to read: 
2.  Consumption and possession of liquor.  Except as otherwise provided in 
paragraphs A and B this subsection, licensees may not permit the consumption or 
possession of liquor on their premises after 1:15 a.m. 
A.  Licensees may permit the consumption of liquor on their premises until 2:15 a.m. 
on January 1st. 
A-1.  Notwithstanding paragraph A, on-premises retail licensees may permit the 
consumption of liquor on their premises until 2:15 a.m. if: 
(1)  The legislative body of a municipality votes to extend by one hour the sale of 
liquor at establishments licensed for on-premises consumption within the 
municipality; 
(2)  The municipality has a full-time police department or contracts with the 
county sheriff or State Police to provide coverage during the extended hour of 
operation; and 
(3)  The municipality notifies the bureau of the extended hour within 30 days of 
adoption. 
B.  This subsection does not apply to consumption or possession by bona fide hotel 
guests in their rooms. 
Sec. 3.  28-A MRSA §4, sub-§4, as amended by PL 1991, c. 528, Pt. PP, §1 and 
affected by Pt. RRR and amended by c. 591, Pt. PP, §1, is further amended to read: 
4.  Local option decisions govern.  Except as provided in subsection 1, paragraph 
paragraphs B and E and section 353, nothing in this section may be construed to allow the 
sale of liquor in municipalities in violation of chapter 5. 
SUMMARY 
This bill allows a municipality to extend the time for the sale or delivery of liquor by 
licensed establishments by one hour, by either opening earlier than 5 a.m. or closing later 
than 1 a.m., within that municipality.  This bill also allows a municipality to extend by 
one hour, to 2:15 a.m., the permitted consumption or possession of liquor in licensed 
establishments.  In order to extend the time of operation, consumption or possession, the 
legislative body of that municipality must vote to extend by one hour the sale or 
consumption or possession of liquor at establishments licensed for on-premises 
consumption within the municipality; the municipality must have a full-time police 
department or contract with the county sheriff or State Police to provide coverage during 
the extended hour of operation; and the municipality must notify the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations of the extended hour within 30 days of adoption.