An Act To Support Maine's Tasting Rooms and Restaurants during the COVID-19 Pandemic
Maine Legislature, Session 130, LD 1518
Committee: Veterans and Legal Affairs
Sponsors: JACKSON, HICKMAN, LUCHINI, CAIAZZO, MARTIN
Amends: 28-A MRSA §707, 28-A MRSA §1062, 28-A MRSA §1063

Legislative Document
No. 1518
S.P. 491
In Senate, April 20, 2021
An Act To Support Maine's Tasting Rooms and Restaurants during 
the COVID-19 Pandemic
(EMERGENCY)
Received by the Secretary of the Senate on April 15, 2021.  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 President JACKSON of Aroostook.
Cosponsored by Senators: HICKMAN of Kennebec, LUCHINI of Hancock, Representatives: 
CAIAZZO of Scarborough, MARTIN of Sinclair.
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 the public health emergency, the Governor has issued 
executive orders limiting the ability of restaurants and other businesses to sell food and 
liquor for on-premises consumption; and
Whereas, this legislation needs to take effect as soon as possible to help alleviate 
some of the financial stress on those restaurants; 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 §707, sub-§3-A, as enacted by PL 2019, c. 665, §3, is 
amended to read:
3-A.  Manufacturer or importer; prohibited financial interests.  Except as 
authorized in subsection 7 and sections 707-A and 1355-A, a licensed in-state 
manufacturer, an out-of-state spirits supplier, an out-of-state manufacturer of malt liquor 
or wine that has been issued a certificate of approval or an out-of-state wholesaler of malt 
liquor or wine that has been issued a certificate of approval may not have any financial 
interest, direct or indirect, in any:
A.  Wholesale Any wholesale licensee; or
B.  Retail Any retail licensee., except as provided in paragraph C; or
C.  If a licensed in-state manufacturer, more than one retail licensee.
Sec. 2.  28-A MRSA §707, sub-§5-A, as enacted by PL 2019, c. 665, §7, is 
amended to read:
5-A.  Retail licensee; prohibited financial interests.  Except as authorized in sections 
707-A and 1355-A, a retail licensee may not have any financial interest, direct or indirect, 
in any:
A.  Licensed More than one licensed in-state manufacturer, or any out-of-state spirits 
supplier, out-of-state manufacturer of malt liquor or wine that has been issued a 
certificate of approval or out-of-state wholesaler of malt liquor or wine that has been 
issued a certificate of approval; or
B.  Wholesale Any licensee.
Sec. 3.  28-A MRSA §1062, sub-§3, as amended by PL 1997, c. 373, §88, is further 
amended to read:
3.  Income from sale of food requirement.  Except as provided in paragraph B and 
except until January 1, 2022, at least 10% of the gross annual income must be from the sale 
of food for both year-round and part-time restaurants.
A.  The bureau may not renew any license for the sale of wine or malt liquor unless the 
licensee furnishes proof to the bureau that the previous year's business conformed to 
the income requirement of this subsection.
B.  Income from the bowling business in bowling alleys must may not be included in 
the income requirement of this section.
Sec. 4.  28-A MRSA §1063, sub-§2, as amended by PL 1993, c. 730, §42, is further 
amended to read:
2.  Income from sale of food requirement.  At Except until January 1, 2022, at least 
a minimum amount of the gross annual income must be from the sale of food for each Class 
A restaurant or Class A restaurant/lounge.  The income from sale of food requirement is 
based on the population of the municipality in which the Class A restaurant or Class A 
restaurant/lounge is located.
A.  In municipalities having a population of more than 50,000 persons:
(1)  Year-round Class A restaurants or Class A restaurant/lounges must have a 
minimum gross annual income of $50,000 per year from the sale of food to the 
public on their premises.
B.  In municipalities having a population of more than 30,000 but not more than 50,000 
persons:
(1)  Year-round Class A restaurants or Class A restaurant/lounges must have a 
minimum gross annual income of $40,000 per year from the sale of food to the 
public on their premises.
C.  In municipalities having a population of more than 20,000 but not more than 30,000 
persons:
(1)  Year-round Class A restaurants or Class A restaurant/lounges must have a 
minimum gross annual income of $30,000 per year from the sale of food to the 
public on their premises.
D.  In municipalities having a population of not more than 20,000 persons:
(1)  Year-round Class A restaurants or Class A restaurant/lounges must have a 
minimum gross annual income of $20,000 per year in sale of food to the public on 
their premises.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill suspends until January 1, 2022 certain minimum requirements for income to 
be derived from food sales for restaurants licensed to sell alcohol.
This bill also allows a licensed in-state manufacturer of liquor to have a financial 
interest in a single retail licensee and allows a retail licensee to have a financial interest in 
a single licensed in-state manufacturer.