An Act Regarding Sales of Alcohol in Municipalities and Unincorporated Places (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2120
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, TIMBERLAKE
Amends: 28-A MRSA §121, 28-A MRSA §125

Legislative Document
No. 2120
S.P. 759
In Senate, February 25, 2020
An Act Regarding Sales of Alcohol in Municipalities and 
Unincorporated Places
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Cosponsored by Senator: TIMBERLAKE of Androscoggin.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, current law requires that a municipality hold a referendum to authorize 
the sale of liquor in that municipality; and
Whereas, current law requires the county commissioners for an unincorporated 
place to determine whether or not to authorize the sale of liquor in that unincorporated 
place; and
Whereas, based upon the affirmative referendum or decision, the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations is authorized to issue a license to a qualified establishment in that 
municipality or unincorporated place; and
Whereas, the bureau has recently become aware that it does not have proof of a 
referendum or decision in some municipalities and unincorporated places that have 
licensed establishments, endangering the ability of these currently licensed businesses to 
continue to be licensed by the bureau; and
Whereas, it is imperative that this legislation take effect as soon as possible to avoid 
irreparable harm to businesses that have complied with all requirements but could lose 
their licenses to sell liquor due to inadequate record keeping; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §121, sub-§1, as amended by PL 2017, c. 475, Pt. C, §8, is 
repealed and the following enacted in its place:
1.  Petition.  A petition for a local option election must be signed by 30 voters in that 
municipality.  All petition signatures must have been signed since the last general 
election.  The petition must be addressed to and received by the municipal officers at least 
days before holding any primary, special statewide, general or municipal election or 
town meeting.
Sec. 2.  28-A MRSA §121, sub-§1-A is enacted to read:
1-A.  Vote of municipal officers.  As an alternative to the petition process in 
subsection 1, the municipal officers may vote to hold a local option election, which must 
be conducted pursuant to subsection 3, including one or more of the questions specified 
in section 123.
Sec. 3.  28-A MRSA §121, sub-§2, as enacted by PL 1987, c. 45, Pt. A, §4, is 
amended to read:
2.  Meeting.  Upon receipt of a petition, or in accordance with a vote of the municipal 
officers pursuant to subsection 1-A, the municipal officers shall notify the inhabitants of 
their respective municipalities to meet in the manner prescribed by law.  The meeting 
shall must be held to vote upon any or all of the questions contained in section 123.
Sec. 4.  28-A MRSA §125 is enacted to read:
§125.  Failure to provide proof of authorization of sale of liquor
1.  Demand of proof.  A municipality or, for an unincorporated place, the county 
commissioners, within 90 days following a request by the bureau, shall provide proof of 
authorization of the sale of liquor either by a local option election conducted pursuant to 
this chapter, including the affirmative answer to the applicable questions in section 123, 
or by a vote of the county commissioners pursuant to section 122, including whether for 
consumption on the premises where sold or off the premises where sold.
2.  Prohibition of licensing.  Beginning July 1, 2022, the bureau may not issue a 
license to a person located in a municipality or unincorporated place that fails to provide 
proof of authorization of the sale of liquor pursuant to subsection 1.
3.  Effect of failure to notify municipality or unincorporated place of 
nonconformance.  If, by October 1, 2020, the bureau fails to notify a municipality or 
unincorporated place in which there is a licensed establishment or agency liquor store that 
the bureau does not have a record of an affirmative vote or decision to authorize the sale 
of liquor in that municipality or unincorporated place, then, notwithstanding subsection 2, 
the bureau may not fail to license or renew the license of a licensed establishment or 
agency liquor store in that municipality or unincorporated place solely because the 
municipality or unincorporated place has failed to provide proof of compliance with this 
chapter in accordance with this section.
Sec. 5.  Temporary waiver of approval to issue license to sell liquor for 
municipalities and unincorporated places with licensed establishments or 
agency liquor stores.  Notwithstanding the Maine Revised Statutes, Title 28-A, section 
453, subsection 1, paragraph A; section 1051, subsection 2; section 1201, subsection 4; 
and any other provision of law to the contrary, the Department of Administrative and 
Financial Services, Bureau of Alcoholic Beverages and Lottery Operations is authorized 
to issue licenses to sell liquor in an authorized municipality or authorized unincorporated 
place as specified in this section.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Agency liquor store" has the same meaning as in Title 28-A, section 2, 
subsection 1.
B.  "Authorized municipality" or "authorized unincorporated place" means a 
municipality or unincorporated place, respectively, in which a licensed establishment 
or agency liquor store is operating as of March 1, 2020.
C.  "Bureau" has the same meaning as in Title 28-A, section 2, subsection 6.
D.  "Licensed establishment" has the same meaning as in Title 28-A, section 2, 
subsection 15.
E.  "Liquor" has the same meaning as in Title 28-A, section 2, subsection 16.
F.  "Local option election" means a local option election conducted pursuant to Title 
28-A, chapter 5.
G.  "Unincorporated place" has the same meaning as in Title 28-A, section 2, 
subsection 33.
2.  Temporary waiver of authorization to sell liquor by local option or decision.  
An authorized municipality or authorized unincorporated place is deemed to have 
complied with the procedures established in Title 28-A, chapter 5 relevant to the 
municipality or unincorporated place to authorize the bureau to issue a license for the 
type of licensed establishment or agency liquor store operating in that municipality or 
unincorporated place as of March 1, 2020.
If an authorized municipality does not have a record of a local option election conducted 
pursuant to Title 28-A, chapter 5 authorizing the sale of liquor, that municipality shall 
conduct a local option election prior to July 1, 2022 in compliance with Title 28-A, 
sections 121 and 123.  If an authorized unincorporated place does not have a record of an 
authorization of sales by the county commissioners pursuant to Title 28-A, section 122, 
subsection 2, the county commissioners shall determine whether to authorize or refuse to 
authorize the sale of liquor in that unincorporated place prior to July 1, 2022 in 
compliance with Title 28-A, section 122.
3.  Notification by bureau of noncompliance.  The bureau, no later than October 1, 
2020, shall notify, by first class mail, an authorized municipality or authorized 
unincorporated place that the bureau does not have a record of authorization of the sale of 
liquor by a local option election in that municipality or by a decision of the county 
commissioners in that unincorporated place.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
Current law requires a municipality through a local option election to affirmatively 
authorize the licensing of businesses to sell liquor in that municipality.  In an 
unincorporated place, the county commissioners must decide whether to authorize or not 
authorize the licensing of businesses to sell liquor in that unincorporated place.  Based on 
the type of sales authorized in that municipality or unincorporated place, the Department 
of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations issues licenses to the establishments or agency liquor stores in that 
municipality or unincorporated place.
Since a municipality or unincorporated place may not be able to provide proof that 
the sale of liquor was authorized in that municipality or unincorporated place, despite the 
presence in that municipality or unincorporated place of establishments licensed by the 
bureau, the continuation of licensing by the bureau is in jeopardy.  In order to prevent the 
loss of licensing, this bill provides a window, until July 1, 2022, for a municipality or 
unincorporated place to either provide the bureau with proof of an affirmative vote or 
decision or to hold a local option election or, in the case of an unincorporated place, to 
authorize the sale of liquor.  This bill requires the bureau, no later than October 1, 2020, 
to notify a municipality or unincorporated place that has a business licensed by the bureau 
in it that the bureau does not have a record of a local option vote or decision authorizing 
the sale of liquor in that municipality or unincorporated place.  In order to continue as a 
municipality or unincorporated place in which the sale of liquor is authorized, that 
municipality or unincorporated place must either provide proof of a local option election 
or decision authorizing the sale of liquor or, before July 1, 2022, hold a local option 
election to authorize the sale of liquor or, in the case of an unincorporated place, decide 
affirmatively to authorize the sale of liquor. Beginning July 1, 2022, if a municipality or 
unincorporated place that has been notified of noncompliance fails to affirm the 
authorization to sell liquor, the bureau is prohibited from licensing an establishment or 
agency liquor store in that municipality or unincorporated place.  If the bureau fails to 
notify by October 1, 2020 a municipality or unincorporated place in which there is a 
business licensed by the bureau that the municipality or unincorporated place is in 
noncompliance with the requirement to hold a local option election or issue a decision 
authorizing the sale of liquor in that municipality or unincorporated place, then the bureau 
may not fail to continue to license a business based on that noncompliance.
This bill also makes the following changes to the laws regarding the authorization of 
the sale of liquor in a municipality.
1.  It reduces the number of signatures of voters needed on a petition to hold a local 
option election to determine whether the sale of liquor is authorized in a municipality 
from 15% of the number of votes cast in the last gubernatorial election in that 
municipality to signatures of 30 voters in that municipality.
2.  It allows the municipal officers in a municipality to hold a local option election.