An Act To Authorize Auxiliary Liquor Licenses for the Consumption of Alcoholic Beverages within Designated Entertainment Districts
Maine Legislature, Session 129, LD 1680
Committee Amendment CA_A_S184 (Senate)
Amends: 28-A MRSA §2, 28-A MRSA §653, 28-A MRSA §1012, 28-A MRSA §1051, 28-A MRSA §1080, 28-A MRSA §2074

COMMITTEE AMENDMENT "{\" to S.P. 551, L.D. 1680, Bill, "An Act To 
Authorize Auxiliary Liquor Licenses for the Consumption of Alcoholic Beverages within 
Designated Entertainment Districts" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Authorize Common Consumption Area Licenses for the Consumption of 
Alcoholic Beverages within Designated Entertainment Districts' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 28-A MRSA §2, sub-§11-D is enacted to read: 
11-D. Entertainment district. "Entertainment district" means an area that is located 
within a municipality that is established by ordinance of the municipal legislative body in 
accordance with section 221. 
Sec. 2. 28-A MRSA §2, sub-§15, 18, as reenacted by PL 1989, c. 158, §1, is 
amended to read: 
B. 
"Auditorium" means any commercially operated indoor or outdoor facility 
designed or used for the gathering of an audience for speeches and live performances 
of theater, music, dance or other performing arts, 1.vhioh that charges a fee and which 
has adequate facilities for the sale and consumption of liquor. 
Sec. 3. 28-A MRSA §2, sub-§15, ~-2 is enacted to read: 
D-2. "Common consumption area" means an area designated as a common area 
within an entertainment district in which customers of more than one common 
consumption area licensee are permitted to consume spirits, wine and malt liquor sold 
by the common consumption area licensees. 
Sec. 4. 28-A MRSA §2, sub-§20-A is enacted to read: 
20-A. Municipal legislative body. "Municipal legislative body" has the same 
meaning as in Title 30-A, section 2001, subsection 9. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f't" to S.P. 551, L.D. 1680 ( 
Sec. 5. 28-A MRSA c. 11 is enacted to read: 
CHAPTERll 
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ENTERTAINMENT DISTRICTS 
§221. Entertainment districts 
A municipal legislative body may establish by ordinance an entertainment district 
within the municipality for the purpose of designating the area in which a common 
consumption area may be located. 
An entertainment district ordinance adopted in accordance with this section must: 
1. Location of entertainment district. Specify the boundaries of the entertainment 
district within which a common consumption area may be located and include a map 
depicting the entertainment district; 
2. Common consumption area parameters. Specify the maximum number of 
acres permitted to be within a common consumption area and indicate whether a common 
consumption area may include public or private ways; 
3. Hours of operation. Specify the permissible hours of operation of a common 
consumption area; and 
4. Maximum number of licensees. Specify the maximum number of common 
consumption areas that may be located within the entertainment district and the maximum 
number of licensed premises that may be licensed to use a single common consumption 
area. 
Sec. 6. 28-A MRSA §653, sub-§1, as amended by PL 2003, c. 213, §1, is further 
amended to read: 
1. Hearings. The municipal officers or, in the case of unincorporated places, the 
county commissioners of the county in which the unincorporated place is located, may 
hold a public hearing for the consideration of applications for new on-premises licenses 
andi applications for transfer of location of existing on-premises licenses and applications 
for common consumption area licenses. The municipal officers or county commissioners 
may hold a public hearing for the consideration of requests for renewal of licenses, except 
that when an applicant has held a license for the prior 5 years and a complaint has not 
been filed against the applicant within that time, the applicant may request a waiver of the 
hearing. 
A. The bureau shall prepare and supply application forms. 
A-1. An applicant for a common consumption area license must certify that the 
applicant's premises are located within an entertainment district established in 
accordance with section 221. The municipal officers shall evaluate the merits of each 
applicant and separately issue or deny a license to each applicant. Applications for an 
unestablished common consumption area must be submitted jointly by all persons 
that seek to operate the common consumption area. 
A person may submit an 
individual application for a license to operate an established common consumption 
area. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" (\;'" to S.P. 551, L.D. 1680 ( ~")' ~ 8ci) 
B. The municipal officers or the county commissioners, as the case may be, shall 
provide public notice of any hearing held under this section by causing a notice, at 
the applicant's or applicants' prepaid expense, stating the name and place of hearing, 
to appear on at least 3 consecutive days before the date of hearing in a daily 
newspaper having general circulation in the municipality where the premises are 
located or one week before the date of the hearing in a weekly newspaper having 
general circulation in the municipality where the premises are located. 
C. If the municipal officers or the county commissioners, as the case may be, fail to 
take final action on an application for a new on-premises license et\ transfer of the 
location of an existing on-premises license or common consumption area license 
within 60 days of the filing of an application, the application is deemed approved and 
ready for action by the bureau. For purposes of this paragraph, the date of filing of 
the application is the date the application is received by the municipal officers or 
county commissioners. This paragraph applies to all applications pending before 
municipal officers or county commissioners as of the effective date of this paragraph 
as well as all applications filed on or after the effective date of this paragraph. This 
paragraph applies to an existing on-premises license that has been extended pending 
renewal. The municipal officers or the county commissioners shall take final action 
on an on-premises license that has been extended pending renewal within 120 days of 
the filing of the application. 
D. 
If an application is approved by the municipal officers or the county 
commissioners but the bureau finds, after inspection of the premises and the records 
of the applicant, that the applicant does not qualify for the class of license applied for, 
the bureau shall notify the applicant of that fact in writing. The bureau shall give the 
applicant 30 days to file an amended application for the appropriate class of license, 
accompanied by any additional license fee, with the municipal officers or county 
commissioners, as the case may be. If the applicant fails to file an amended 
application within 30 days, the original application must be denied by the bureau. 
The bureau shall notify the applicant in writing of its decision to deny the application 
including the reasons for the denial and the rights of appeal of the applicant. 
Sec. 7. 28-A MRSA §653, sub-§2-A is enacted to read: 
2-A. Common consumption area license applications. In addition to the grounds 
for denial set forth in subsection 2, the municipal officers may deny a common 
consumption area license if: 
A. 
The applicant fails to establish that the common consumption area can be 
operated without creating a safety risk to the properties within the entertainment 
district: 
B. The applicant fails to obtain or maintain a properly endorsed general liability and 
liquor liability insurance policy that is reasonably acceptable to the municipal officers 
and names the local licensing authority as an additional insured; or 
C. The use is not compatible with the reasonable requirements of or existing uses in 
the entertainment district. 
Sec. 8. 28-A MRSA §1012, sub-§7 is enacted to read: 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"fr "toS.P.551,L.D.1680 '. 
t '/ '', 
'6 y 
7. Common consumption area license. A licensed auditorium, hotel, restaurant, 
Class A restaurant or Class A restaurant/lounge or a manufacturer licensed under section 
1355-A may apply for a common consumption area license to operate a common 
consumption area within an entertainment district established in accordance with section 
221. The license fee is $100. 
Sec. 9. 28-A MRSA §1051, sub-§3, as amended by PL 2017, c. 337, §1, is 
further amended to read: 
3. Liquor not to be consumed elsewhere. Except as provided in paragraphs A and 
Band in seotion 1207 sections 1012, 1080 and 1208, 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. 10. 28-A MRSA §1080 is enacted to read: 
§1080. Common consumption areas 
1. Issuance of licenses. The bureau may issue a common consumption area license 
under this section to a licensed auditorium, hotel, restaurant, Class A restaurant or Class 
A restaurant/lounge or a manufacturer licensed under section 1355-A if: 
A. The auditorium, hotel, restaurant, Class A restaurant, Class A restaurant/lounge or 
manufacturer is a licensed establishment located within an entertainment district 
established in accordance with section 221; 
B. The premises of the auditorium, hotel, restaurant, Class A restaurant, Class A 
restaurant/lounge or manufacturer are adjacent to the common consumption area or, 
if the auditorium is an outdoor facility, the premises of the auditorium are adjacent to 
or within the common consumption area: 
C. 
The common consumption area is properly equipped with tables, chairs and 
restrooms: 
D. The common consumption area has obtained any required licensing from the 
Department of Health and Human Services: and 
E. The bureau has not yet issued the maximum number of common consumption 
area licenses permitted by the entertainment district ordinance. 
COMMITTEE AMENDMENT 
.',~ 
'\.') . 
COMMITTEE AMENDMENT" {Ji" to S.P. 551, L.D. 1680 l S- \ '61,~ 
2. Authority. A common consumption area license authorizes the licensee to permit 
the licensee's customers to consume within the common consumption area any spirits, 
wine or malt liquor sold by the licensee under the authority of the licensee's auditorium, 
hotel, restaurant, Class A restaurant, Class A restaurant/lounge or manufacturer license. 
3. Restrictions. A common consumption area licensee may permit the licensee's 
customers to consume liquor purchased from the licensee only on the premises of the 
licensee or within the boundaries of the common consumption area approved by the 
municipal officers and the bureau. The common consumption area must be controlled by 
barriers and by signs prohibiting consumption beyond the barriers. 
Sec. 11. 28-A MRSA §2074, sub-§1, as amended by PL 1997, c. 306, §2, is 
further amended to read: 
1. Transportation on-premises or off-premises. Except as provided in section 
1051 or 1080, any person who transports liquor onto or off of the premises of an on-
premise retail licensee is guilty of a Class E crime. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the process established in the bill 
for the issuance of licenses for the consumption of alcoholic beverages in entertainment 
districts. 
1. It provides that an entertainment district ordinance established by a municipal 
legislative body must describe the boundaries of the entertainment district as well as 
permissible hours of operation and maximum size of any common consumption area 
located within the entertainment district. The ordinance must also specify the maximum 
number of licensees that may operate a single common consumption area and whether a 
common consumption area located within the entertainment district may include public or 
private ways. 
2. It clarifies that an auditorium, hotel, restaurant, Class A restaurant, Class A 
restaurant/lounge or Maine manufacturer licensed under the Maine Revised Statutes, Title 
28-A to serve alcoholic beverages is eligible for a common consumption area license. An 
applicant's premises must be located both within the entertainment district and adjacent to 
the common consumption area. 
3. It specifies that a common consumption area license does not permit the licensee to 
serve alcoholic beverages that the licensee is not authorized to serve pursuant to the 
licensee's underlying liquor license. 
4. 
It clarifies that the customers of a common consumption area licensee may 
consume alcoholic beverages served by the licensee either on the licensee's premises or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /.\-"to S.P. 551, L.D. 1680 
:·i I 
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within the premises of the common consumption area, which must be controlled by 
barriers and by signs prohibiting consumption beyond the barriers. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/25/19 ;b./ac 
LD 1680 
LR2030(02) 
An Act To Authorize Auxiliary Liquor Licenses for the Consumption of Alcoholic Beverages within 
Designated Entertainment Districts 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'ff l c::>,. \ "{l~ 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue increase - General Fund 
Minor cost increase - General Fund 
This bill creates a common consumption area license that allows a licensed auditorium, hotel, restaurant, Class A 
restaurant or Class A restaurant/lounge or a manufacturer to operate a common consumption area for consuming 
alcohol within a designated entertainment district. Because of the limited applicability and specific criteria that must 
be met to apply, the Bureau of Alcoholic Beverages and Lottery Operations does not anticipate a significant increase 
in costs or revenue related to the issuance of the new license. 
LR2030(02) - Fiscal Note - Page 1 of 1