An Act To Temporarily Waive Certain Requirements for Relicensing for Restaurants That Serve Liquor
Maine Legislature, Session 130, LD 0306
Committee: Veterans and Legal Affairs
Sponsors: LUCHINI, JACKSON, CAIAZZO

Legislative Document
No. 306
S.P. 132
In Senate, February 8, 2021
An Act To Temporarily Waive Certain Requirements for 
Relicensing for Restaurants That Serve Liquor
(EMERGENCY)
Received by the Secretary of the Senate on February 4, 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 Senator LUCHINI of Hancock.
Cosponsored by Senator: President JACKSON of Aroostook, Representative: CAIAZZO of 
Scarborough.
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 to close their dine-in facilities; 
and
Whereas, although restaurants across the State were permitted to reopen for dine-in 
service by June 17, 2020, they were required to limit indoor seating capacity and, beginning 
November 20, 2020, were additionally required to close their dine-in facilities by 9:00 p.m. 
nightly to prevent spread of the virus; and
Whereas, the combined effects of the public health emergency and subsequent public 
health measures have negatively impacted the ability of restaurants to satisfy certain criteria 
for maintenance of their licenses to sell liquor for on-premises consumption under current 
law; 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.  One-time waiver of requirements for food sales for license renewal.  
Notwithstanding any provision of the law to the contrary, an applicant for renewal of an 
on-premises retail license issued by the Department of Administrative and Financial 
Services, Bureau of Alcoholic Beverages and Lottery Operations under the Maine Revised 
Statutes, Title 28-A is not required to demonstrate that it has satisfied any applicable 
requirement under Title 28-A, chapter 43 for income from the sale of food during the 
previous year if the license to be renewed expires on or before January 1, 2022.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill temporarily exempts restaurants and other entities seeking renewal of a license 
to sell beer, wine or spirits for on-premises consumption from any applicable requirement 
that a certain percentage or dollar amount of their sales during the previous year must have 
been from the sale of food.  This temporary waiver of the requirement for food sales applies 
only to the renewal of licenses that expire on or before January 1, 2022.