An Act To Extend the Ability of Restaurants and Bars To Serve Alcohol To Go
Maine Legislature, Session 129, LD 2174
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, FECTEAU, HUBBELL
Amends: 28-A MRSA §1056

Legislative Document
No. 2174
S.P. 790
In Senate, July 30, 2020
An Act To Extend the Ability of Restaurants and Bars To Serve 
Alcohol To Go
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on July 30, 2020.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LUCHINI of Hancock.
Cosponsored by Representative FECTEAU of Biddeford and
Representative: HUBBELL of Bar Harbor.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the spread of the novel coronavirus disease referred to as COVID-19 has 
created a public health emergency; and
Whereas, in response to this public health emergency, the Governor issued an 
executive order on March 18, 2020 requiring all restaurants and bars, including tasting 
rooms, to close their dine-in facilities but permitting restaurants and bars to offer carry-out, 
delivery and drive-through food and beverage services, including carry-out, delivery and 
drive-through liquor sales; and
Whereas, although restaurants across the State were permitted to reopen June 17, 
2020, restaurants are required to limit indoor seating capacity to prevent spread of the virus 
while the reopening of bars and tasting rooms has been postponed until further notice; and
Whereas, it is impossible to ascertain when the current public health emergency will 
abate, rendering the economic survival of restaurants, bars and tasting rooms dependent on 
their continued ability to provide carry-out, delivery and drive-through food and beverage 
services, including carry-out, delivery and drive-through liquor sales; 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 §1056 is enacted to read:
§1056.  Authorized take-out and delivery sales of liquor by qualified on-premises 
retailers; repeal
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Approved cocktail" means a beverage prepared by combining liquor with liquors 
or a non-alcoholic liquid or liquids and that:
(1)  Is prepared on the day of sale by an employee of a qualified on-premises 
retailer who is at least 17 years of age;
(2)  Contains no more than 4 1/2 ounces of spirits; and
(3)  Is sealed in an approved container.
B.  "Approved container" means a tamper-evident container that:
(1)  Does not contain openings or straw holes;
(2)  Is sealed in a manner prescribed by the bureau by rule that makes opening the 
container or tampering with the contents of the container easily detectable; and
(3)  Has an affixed label that identifies the qualified on-premises retailer that 
prepared and sold the approved cocktail and that meets any additional requirements 
established by the bureau by rule.
C.  "Original container" means, with respect to a wine or malt liquor product, the 
container in which the wine or malt liquor product was sealed when the qualified on-
premises retailer obtained the wine or malt liquor product from an in-state 
manufacturer or a wholesale licensee.
D.  "Passenger area" has the same meaning as in Title 29-A, section 2112-A.
E.  "Qualified on-premises retailer" means an establishment that has notified the bureau 
in accordance with subsection 2 of its intention to sell spirits, wine or malt liquor for 
off-premises consumption and:
(1)  That possesses a license to sell spirits, wine or malt liquor for on-premises 
consumption under chapter 43 if the license is within the category of licenses under 
which the bureau has authorized, by rule, the sale of liquor for off-premises 
consumption in accordance with the conditions set forth in this section; or
(2)  That does not possess a license under chapter 43 but is licensed as a distillery 
or small distillery under section 1355-A and operates a tasting room.
2.  Authorized take-out and delivery sales of liquor for off-premises consumption.  
Notwithstanding any provision of law to the contrary, a qualified on-premises retailer may 
sell liquor for off-premises consumption only under the following conditions.
A.  Prior to engaging in sales of liquor for off-premises consumption, a qualified on-
premises retailer shall notify the bureau of its intention to sell liquor for off-premises 
consumption on a form prepared and approved by the bureau.
B.  A qualified on-premises retailer may sell for off-premises consumption only the 
type or types of liquor that it is authorized to sell for on-premises consumption pursuant 
to its license issued under chapter 43 or to its distillery or small distillery license issued 
under section 1355-A.  A qualified on-premises retailer authorized to sell wine may 
sell wine for off-premises consumption only in an original container.  A qualified on-
premises retailer authorized to sell malt liquor may sell malt liquor for off-premises 
consumption only in an original container. A qualified on-premises retailer authorized 
to sell spirits may sell spirits for off-premises consumption only as an ingredient of an 
approved cocktail.
C.  Liquor sold for off-premises consumption must be accompanied by a food order 
and a sales receipt with a time stamp that indicates the time of purchase.  This paragraph 
does not apply to liquor sold by a qualified on-premises retailer that meets the 
requirements of subsection 1, paragraph E, subparagraph (2).
D.  Liquor sold for off-premises consumption may not be delivered to a minor or to a 
visibly intoxicated person.
E.  Liquor sold for off-premises consumption must be delivered with the accompanying 
food order to a customer on the premises or to a customer at a remote location.  Delivery 
to a customer at a remote location must be made by a person who is at least 21 years 
of age.  If a motor vehicle is used to make the delivery, the liquor may not be 
transported within the passenger area of the motor vehicle.
3.  Rulemaking.  The bureau shall adopt rules to carry out the purposes of this section, 
which must include, but are not limited to, rules:
A.  Identifying the categories of on-premises retailers licensed under chapter 43 that, 
consistent with the purposes of this section and after consideration of the types of food 
sold under each category of license, may sell liquor for off-premises consumption 
under this section;
B.  Defining the type of food order that must accompany a sale of liquor for off-
premises consumption by a qualified on-premises retailer as required by subsection 2, 
paragraph C; and
C.  Establishing requirements for the sealing and labeling of approved containers by 
qualified on-premises retailers.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
4.  Repeal.  This section is repealed April 15, 2022.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill temporarily permits, until April 15, 2022, certain categories of on-premises 
retailers to sell liquor to customers through take-out and delivery service if the liquor is 
accompanied by a food order.  The bill also temporarily permits licensed Maine distilleries 
and small distilleries that operate tasting rooms but that do not operate licensed on-premises 
retail establishments to sell spirits through take-out and delivery service unaccompanied 
by a food order.
Wine and malt liquor may be sold for off-premises consumption only in an original 
container.  Spirits may be sold for off-premises consumption only as an ingredient of an 
approved cocktail, which must be sealed in a tamper-evident container bearing a label 
identifying the vendor.  A person who delivers wine, malt liquor or approved cocktails to 
a customer by motor vehicle must be at least 21 years of age and the liquor may not be 
transported in the passenger area of the motor vehicle.
The bill directs the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations to adopt rules governing the categories of on-
premises retailers that may engage in liquor take-out and delivery services, the type of food 
order that must accompany a take-out or delivery sale of liquor and the requirements for 
sealing and labeling the tamper-evident containers in which approved cocktails must be 
sold.