An Act To Establish a Public Service Berthing Vessel License for the Sale of Liquor
Maine Legislature, Session 128, LD 0085
Committee Amendment CA_A_S11 (Senate)
Amends: 28-A MRSA §2, 28-A MRSA §1006, 28-A MRSA §1080

CO:Ml\1ITTEE AMENDMENT" A "to S.P. 34, L.D. 85, Bill, "An Act To Establish 
a Public Service Berthing Vessel License for the Sale of Liquor" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Public Service Berthing Vessels Licensed for the Sale of Liquor' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MRSA §2, sub-§15, ,rW' is enacted to read: 
W. "Public service berthing vessel" means any ship, vessel or boat of any kind: 
(1) 
That is used for navigation of the coastal waters of the State or for 
commercial navigation of inland waters of the State; 
(2) That is licensed to cany not fewer than 6 passengers under the requirements 
of the Public Utilities Commission or the United States Coast Guard with 
overnight berthing capacity for all passengers; 
(3) In which one or more meals are served to passengers on board the vessel 
daily; and 
( 4) That can accommodate no fewer than 6 passengers for overnight voyages of 
at least one night from the vessel's home port. 
Sec. 2. 28-A MRSA §1006, sub-§2, as amended by PL 1993, c. 410, Pt. ZZ, §11, 
is further amended to read: 
2. Fees. The fees for a Class V license are as follows: 
A. Full-time (one year) ............... $ 495:-; and 
E. Per single event... ............ $ 100. 
Sec. 3. 28-A MRSA §1006, sub-§3, as amended by PL 1993, c. 730, §§38 and 
39, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "f\ "to S.P. 34, L.D. 85 
3. Eligible premises. The following premises are eligible to obtain a Class V 
license: 
A. Clubs without catering privileges; aH:a 
B. Bed and breakfasts-:-; and 
C. Public service berthing vessels. 
Sec. 4. 28-A MRSA §1080 is enacted to read: 
§1080. Public service berthing vessels 
1. Issuance of licenses. The bureau may issue a license under this section to a 
public service berthing vessel for the sale of spirits, wine and malt liquor to be consumed 
by vessel passengers on the premises. 
2. Requirements. The requirements and conditions for issuing a license to a public 
service berthing vessel are as follows. 
A. The bureau shall require that a public service berthing vessel maintain a suitable 
kitchen or galley and be able to prepare and serve meals to passengers on a daily 
basis. 
B. Except as provided in paragraph C, a license issued under this section to a public 
service berthing vessel authorizes the licensee to sell liquor on the public service 
berthing vessel. 
C. A licensee may sell liquor for consumption on board a public service berthing 
vessel that is in port or docked only if prior approval for the sale is obtained from the 
bureau under the license application procedure in chapter 27. A separate approval 
must be obtained for each port or dock location from which on-board sales of liquor 
are to be made. 
D. Notwithstanding the provisions of sections 121 and 122, a public service berthing 
vessel navigating on inland waters may sell liquor without approval of the 
municipality or, in the case of unincorporated places, the county commissioners. 
E. If a public service berthing vessel sells liquor to passengers as authorized by the 
license issued under this section, the licensee shall prohibit passengers from 
consuming liquor other than that liquor provided by the licensee. If a public service 
berthing vessel is not offering liquor for sale to passengers, nothing in this section 
prohibits that public service berthing vessel from permitting a passenger to consume 
on board the vessel liquor that the passenger has brought onto the vessel. 
3. Storage of liquor. A public service berthing vessel licensee may store liquor to 
be sold to passengers in accordance with this section on the vessel or at another storage 
5 
location as approved by the bureau. 
4. Records. A public service berthing vessel licensee shall keep a record, in a 
7 
manner prescribed by the bureau, of each day in a calendar year when liquor is served to 
8 
passengers on board the vessel as authorized by a license issued under this section. A 
public service berthing vessel is required to provide the records to the bureau upon 
request of the bureau. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 34, L.D. 85 
Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Alcoholic Beverages - General Operation 0015 
Initiative: Provides funding for one half-time Liquor License Inspector position, one half-
time Office Associate II position and related All Other expenses to include public service 
berthing vessels in the category of entities eligible to obtain Class V liquor licenses and to 
create a new single-event Class V liquor license. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$48,803 
$66,892 
All Other 
$8,986 
$11,981 
GENERAL FUND TOTAL 
$57,789 
$78,873 
SUMMARY 
This amendment replaces the bill. 
Like the bill, the amendment provides for a 
definition of public service berthing vessel. Unlike the bill, the amendment does not 
establish a separate license for a public service berthing vessel but rather makes the vessel 
eligible for a Class V liquor license that permits the sale of spirits, wine and malt liquor to 
passengers of the vessel. It also provides that the license may be issued for a single event 
· 
or voyage. Like the bill, the amendment requires that the vessel acquire municipal 
approval to sell liquor on board the vessel to passengers while the vessel is docked. The 
amendment also makes a provision for storage of liquor to be sold by the licensed vessel 
and requires that records be maintained for each event when the licensed vessel sells 
liquor to passengers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/16/17 Mac 
LD85 
LR59(02) 
An Act To Establish a Public Service Berthing Vessel License for the Sale of Liquor 
Fiscal Note for Bill as Amended by Committee Amendment 'f\" (5 - I~ 
Committee: Veterans and Legal Affairs 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$45,889 
$66,973 
$57,789 
$78,873 
$11,900 
$11,900 
Projections 
FY 2019-20 
$68,846 
$80,746 
$11,900 
Projections 
FY 2020-21 
$70,772 
$82,672 
$11,900 
The bill includes General Fund appropriations of $57,789 in fiscal year 2017-18 and $78,873 in fiscal year 2018-19 to 
the Bureau of Alcoholic Beverages and Lottery Operations within the Department of Administrative and Financial 
Services for one half-time Liquor License Inspector position, one half-time Office Associate II position and related 
All Other expenditures to implement new licensing and enforcement requirements of the bill. 
The bill makes public service berthing vessels eligible for Class V liquor licenses to sell spirits, wine and malt liquor 
and adds a new single-event Class V liquor license with a fee of $100 to the existing annual license with a fee of 
$495. This fiscal note assumes revenue of$1 l,900 annually from 20 new Class V liquor licenses and 20 new single-
event Class V liquor licenses. 
LR0059(02) - Fiscal Note - Page 1 of 1