An Act Regarding Dancing on the Premises of Certain Liquor Licensees
Maine Legislature, Session 128, LD 0030
Committee Amendment CA_A_H11 (House)
Amends: 28-A MRSA §1054

COMMITTEE AMENDMENT" JJ" to H.P. 31, L.D. 30, Bill, "An Act Regarding 
Dancing on the Premises of Certain Liquor Licensees" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend the Law Governing Special Amusement Permits for Liquor 
Licensees' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MR~A §653, sub-§2, ~-1 is enacted to read: 
D-1. Failure to obtain, or comply with the provisions of, a permit for music, dancing 
or ente1tainment required by a municipality or, in the case of an unincorporated place, 
the county commissioners; 
Sec. 2. 28-A MRSA §1054, as amended by PL 1991, c. 377, §16, is further 
amended to read: 
§1054. Permit for music, dancing or entertainment 
1. A,etivities and entertainment prohibited. 
\Vithout tho permit described in 
subsection 2, no licensee for sale of liquor to be consumed on tho promises may allow on 
the premises tho follov.'ing: 
A. Any masic, e1wept radio or other mechanical device; 
B. Any dancing; or 
C. Entertainment of any sort. 
2. Permit required. If A municipality or, in the case of an unincorporated place, the 
county commissioners may require a licensee for sale of liquor to be consumed on the 
premises provides activities or entertainment listed in subsection 1, tho licensee must first 
to obtain a special anrnsement permit for music, dancing or entertainment from the 
municipality or, in the case of an unincor12orated place, the county commissioners of the 
COM 
A END ENT 
COMMITTEE AMENDMENT" A " 
to H.P. 31, L.D. 30 
county in which the licensed premises are located. 
The permit must specify which 
activities are prohibited on the licensed premises and may include a list of which 
activities are authorized, in accordance with local ordinances or regulations adopted by 
the municipality or unincorporated place. 
3. Term of permit. A pennit is valid only for the license year of the existing 
license. 
4. 
Publie hearing en pel'mit applieatien, 
Before granting a permit and after 
reasonable notice to the municipality and the applicant, the municipal officers shall hold a 
public hearing at which the municipal officers shall take testimony of the applicant and 
any interested members of the public. 
5. Permit requirements. The municipal officers shall grant a permit unless they 
find that issl:lance of the permit would be detrimental to the public health, safety or 
v,relfare, or 1Nould violate ml:lnicipal ordinances or rules and regHlations. 
6. Issuance or denial of permit. Within 15 days of receiving the pennit application, 
the municipal officers shall give the applicant written notice of their decision. 
A. If the municipal officers deny a licensee a permit, they shall provide the licensee 
with the reasons for the denial in writing. 
B. The licensee may not reapply for a permit within 30 days after denial of an 
application for a petmit. 
7. 
Municipal suspension or revocation of a permit. 
After a public hearing 
preceded by notice to interested parties, the municipal officers may suspend or revoke 
any permits which they have issued under this section on the grounds that the music, 
dancing or entertainment permitted constitutes a detriment to the public health, safety or 
welfare, or violates municipal ordinances or regulations. 
8. Appeal procedure. Any licensee who has applied for a permit and has been 
denied, or whose pennit has been revoked or suspended, may appeal the decision to the 
municipal board of appeals, as defined in Title 30-A, section 2691, within 30 days of the 
denial, suspension or revocation. The mtmicipal board of appeals, if the municipality has 
such a board, may grant or reinstate the permit if it finds that: 
A. The permitted activities would not constitute a detriment to the public health, 
safety or welfare, or violate municipal ordinances or regulations; or 
B. The denial, revocation or suspension was arbitrary and capricious. 
9. A,dmissien. A licensee 1.vho has been isslled an amusement permit may charge 
admission in designated m·oas approved by the special amusement permit. 
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10. Definitien ef entertainment. For the purposes of this seotion, "entertainment" 
ino]udes any amusement, performanoo, exhibition or diversion for patrons or customers 
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of the licensed premises, -..vhether provided by professional entertainers or by full time or 
part time employees of the lioensee ·.vhose incidental duties inolude activities with an 
entertainment value. 
CO MITTEEA END ENT 
COMMITTEE AMENDMENT" ,q,, to H.P. 31, L.D. 30 
11. Municipal ordinances or regulations. A municipality shall adopt ordinances or 
authorize the municipal officers to establish written regulations governing the following 
aspects of the pe11nits. 
A. These ordinances or regulations shall must govern: 
(1) The issuance, suspension and revocation of these permits; 
(2) The classes of permits and fees for the issuance of these pe1mits; 
(3) The music, dancing or ente1tainment permitted under each class; and 
( 4) Other limitations on these activities required to protect the public health, 
safety and welfare. 
B. These ordinances or regulations may specifically detennine: 
(1) The location and size of premises to which the permits may apply; 
(2) 
The facilities that may be required for the permitted activities on those 
premises; 
(3) The hours during which the permitted activities may take place; and 
( 4) The lighting level required, which may be lowered when the entertainment is 
provided. 
12. Unincorporated place. If a licensed premise is premises are located in an 
unincorporated place, the county commissioners of the county in which the 
unincorporated place is located shall grant, suspend or revoke permits in the same manner 
and with the same authority as municipal officers. The county commissioners shall adopt 
regulations in the same manner as municipal officers.' 
SUMMARY 
This amendment replaces the bill. Current law states that a person licensed to serve 
alcoholic beverages for consumption on the licensed premises must prohibit, with some 
limited exceptions, music, dancing and entertainment unless the licensee has received a 
special amusement permit from the municipality where the establishment is located. The 
amendment provides that a municipality may require a permit for music, dancing and 
entertainment based on what is permitted or prohibited by local ordinance or regulation. 
The amendment fmther specifies that when the liquor license is up for renewal a 
municipality may deny renewal if the establishment fails to obtain a required permit or 
fails to comply with the permit. The amendment removes certain requirements imposed 
upon the municipality governing the process for issuance of a permit for music, dancing 
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or entertainment. 
. :\C\L .\OTE REQLJRED 
(See attached) 
Approved: 03/08/17 ?#ac:-
~ 
LD30 
LR 480(02) 
An Act Regarding Dancing on the Premises of Certain Liquor Licensees 
Fiscal Note for Bill as Amended by Committee Amendment '~' {H-1 / 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Changes to municipal pe1111itting 
Fiscal Detail and Notes 
This bill makes changes to municipal permitting requirements for music, dancing and entertainment as allowed by 
local ordinance to liquor licensees. There is no fiscal impact on State Government. 
LR0480(02) - Fiscal Note - Page I of 1