An Act Regarding State Licensure for the Sale of Spirits for Off-premises Consumption
Maine Legislature, Session 129, LD 1357
Committee: Veterans and Legal Affairs
Sponsors: FECTEAU
Amends: 28-A MRSA §453

Legislative Document
No. 1357
H.P. 979
House of Representatives, March 21, 2019
An Act Regarding State Licensure for the Sale of Spirits for Off-
premises Consumption
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative FECTEAU of Biddeford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §453, sub-§2-A, as repealed and replaced by PL 2015, c. 
494, Pt. A, §31, is repealed.
Sec. 2.  28-A MRSA §453, sub-§2-C, as amended by PL 2017, c. 167, §4, is 
further amended to read:
2-C.  Licenses.  The bureau shall consider whether the applicant can satisfy the 
following criteria when determining whether to issue an agency liquor store license under 
this section:
A.  If the applicant has previously held a license to sell malt liquor and wine for off-
premises consumption, the applicant was not found to have committed a violation of 
any provision of this Title;
B.  If the applicant is applying for an agency liquor store license in a municipality 
with a population of 1,000 or more, the applicant will be able to stock at least 
$10,000 worth of spirits purchased from the State or the State's wholesale distributor 
upon issuance of an agency liquor store license.  If the applicant is applying for an 
agency liquor store license in a municipality with a population of 999 or less, the 
applicant will be able to stock at least $5,000 worth of spirits purchased from the 
State or the State's wholesale distributor upon issuance of an agency liquor store 
license; 
C.  The applicant can purchase the initial stock of spirits using a bank check or other 
financial instrument that certifies that funds are available; and
D.  The applicant demonstrates that the applicant is likely to be a responsible 
licensee.;
E.  The applicant is a business licensed by the municipality in which the applicant's 
licensed premises are to be located;
F.  The applicant is a business that has been in existence for at least the 3 years 
immediately prior to application; and
G.  The applicant has been in good standing with every agency of the State for at 
least the 3 years immediately prior to application.
Sec. 3.  28-A MRSA §453, sub-§6 is enacted to read:
6.  Number of agency liquor stores determined by municipality.  Beginning 
January 1, 2020, a municipality determines the number of agency liquor stores, if any, 
that may be licensed within the municipality by authorization of the legislative body of 
the municipality.
A.  If a municipality authorizes a number of agency liquor stores for the municipality 
that is below the number of agency liquor stores licensed by the bureau that are in 
operation in the municipality on January 1, 2020, the licenses of the agency liquor 
stores remain valid and may be renewed by the bureau subject to continued 
compliance with the provisions of this Title. The bureau may not issue an additional 
license for an agency liquor store in the municipality until the number of operating 
agency liquor stores or valid licenses in the municipality is less than the number 
authorized by the municipality.
B.  If a municipality has not determined the number of agency liquor stores 
authorized for the municipality under this subsection, the license of an agency liquor 
store in operation in the municipality on January 1, 2020 issued by the bureau 
remains valid and may be renewed by the bureau subject to continued compliance 
with the provisions of this Title. The bureau may not issue an additional license for 
the municipality until the municipality determines the number of agency liquor stores 
for the municipality under this subsection and the number of operating agency liquor 
stores or valid licenses in the municipality is less than the number authorized by the 
municipality.
SUMMARY
This bill amends the law regarding the number of agency liquor stores allowed in a 
municipality from the number being determined based upon the population of the 
municipality to being determined by the municipality, with existing agency liquor store 
licenses grandfathered if the municipality authorizes a number of agency liquor stores 
less than the number of operating liquor stores previously licensed by the Department of 
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery 
Operations or the municipality does not make a determination.  This bill also requires an 
applicant for an agency liquor store license to be a business licensed in the municipality 
in which the agency liquor store will be located that has been in existence for at least the 
years immediately prior to application and that has been in good standing with every 
agency of the State for the 3 years immediately prior to application.