An Act to Simplify the Sale of Food Requirement for Certain Licenses for the Sale of Liquor to Be Consumed on the Licensed Premises
Maine Legislature, Session 131, LD 0141
Committee: Veterans and Legal Affairs
Sponsors: SUPICA
Amends: 28-A MRSA §2, 28-A MRSA §1063, 28-A MRSA §1065, 28-A MRSA §1073, 28-A MRSA §1073-A, 28-A MRSA §1075, 28-A MRSA §1076

Legislative Document
No. 141
H.P. 87
House of Representatives, January 10, 2023
An Act to Simplify the Sale of Food Requirement for Certain 
Licenses for the Sale of Liquor to Be Consumed on the Licensed 
Premises
Submitted by the Department of Administrative and Financial Services pursuant to Joint 
Rule 204.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  28-A MRSA §2, sub-§15, ¶D-1, as amended by PL 2021, c. 658, §17, is 
further amended to read:
D-1.  "Curling center" means a facility that offers curling facilities to the public for a 
fee, that offers food for sale to the public and that has adequate facilities for the sale 
and consumption of liquor.
Sec. 2.  28-A MRSA §2, sub-§15, ¶F-1, as amended by PL 2021, c. 658, §17, is 
further amended to read:
F-1.  "Disc golf course" means a commercially operated facility that offers disc golfing 
facilities to the public for a fee, that offers food for sale to the public and that has 
adequate facilities for the sale and consumption of liquor.  A disc golf course must have 
no fewer than 18 disc golfing holes with a total distance of no less than 5,000 feet per 
disc golfing holes and must have a value of not less than $50,000.
Sec. 3.  28-A MRSA §2, sub-§15, ¶G, as amended by PL 2021, c. 658, §17, is 
further amended to read:
G.  "Golf course" means a commercially operated facility, whether publicly or privately 
owned, that offers golfing facilities to the public for a fee, including a regulation-size 
golf course of no fewer than 9 holes and an average total of not less than 1,200 yards 
per 9 holes, that has a value of not less than $100,000, that offers food for sale to the 
public and that has adequate facilities for the sale and consumption of liquor.
Sec. 4.  28-A MRSA §2, sub-§15, ¶J, as amended by PL 2021, c. 658, §17, is 
further amended to read:
J.  "Indoor ice skating center" means a commercially operated indoor facility that offers 
ice skating facilities to the public for a fee, that offers food for sale to the public and 
that has adequate facilities for the sale and consumption of liquor.
Sec. 5.  28-A MRSA §2, sub-§15, ¶K, as amended by PL 2021, c. 658, §17, is 
further amended to read:
K.  "Indoor racquet center" means a commercially operated indoor facility with 4 or 
more courts or areas designed or used for the playing of a racquet sport, that is open to 
the public for a fee, that offers food for sale to the public and that has adequate facilities 
for the sale and consumption of liquor. Racquet sports include tennis, squash, handball, 
paddleball, pickleball and badminton.
Sec. 6.  28-A MRSA §2, sub-§15, ¶L, as amended by PL 2021, c. 658, §17, is 
further amended to read:
L.  "Class A lounge" means a place where food and liquor are is sold at tables, booths 
and counters.
Sec. 7.  28-A MRSA §2, sub-§15, ¶T-1, as amended by PL 2021, c. 658, §17, is 
further amended to read:
T-1.  "Tavern" means a place where food and malt liquor may be sold at tables, booths 
and counters.
Sec. 8.  28-A MRSA §1063, sub-§2, as amended by PL 2021, c. 658, §180, is 
repealed.
Sec. 9.  28-A MRSA §1063, sub-§2-A is enacted to read:
2-A.  Income from sale of food requirement.  At least 10% of the gross annual 
income must be from the sale of food for each Class A restaurant or Class A 
restaurant/lounge.
Sec. 10.  28-A MRSA §1063, sub-§3, as amended by PL 2021, c. 658, §180, is 
further amended to read:
3.  Bureau to determine whether new applicant would probably meet sale of food 
requirement.  The bureau may not issue an initial license to a Class A restaurant or a Class 
A restaurant/lounge unless it determines that the applicant would probably meet the 
requirements requirement of subsection 2 2-A.
Sec. 11.  28-A MRSA §1063, sub-§4, as amended by PL 2021, c. 658, §180, is 
further amended to read:
4.   Proof of compliance with sale of food requirement for license renewal.  The 
bureau may not renew a Class A restaurant's or a Class A restaurant/lounge's license unless 
the licensee furnishes the bureau with proof that the previous year's business met the 
requirements requirement of subsection 2 2-A.   If the bureau determines that the licensee 
has not satisfied the requirements requirement of subsection 2 2-A, the bureau may renew 
the license for only one year, during which the licensee must meet the requirements 
requirement of subsection 2 2-A to be eligible for further license renewal.
Sec. 12.  28-A MRSA §1065, sub-§2, as enacted by PL 1987, c. 45, Pt. A, §4, is 
repealed.
Sec. 13.  28-A MRSA §1073, as amended by PL 2021, c. 658, §192, is further 
amended by amending the section headnote to read:
§1073.  Indoor racquet centers; indoor ice skating centers; golf courses; curling 
centers; bowling centers; and disc golf courses
Sec. 14.  28-A MRSA §1073, sub-§1, as amended by PL 2021, c. 658, §192, is 
further amended to read:
1.  Issuance of licenses.  The bureau may issue licenses under this section for the sale 
of spirits, wine and malt liquor for on-premises consumption to bowling centers, curling 
centers, disc golf courses, golf courses, indoor ice skating centers and indoor racquet 
centers as defined in section 2, subsection 15, paragraphs B-1, D‑1, F‑1, G, J and K, 
respectively.
Sec. 15.  28-A MRSA §1073, sub-§2, as amended by PL 2021, c. 658, §192, is 
repealed.
Sec. 16.  28-A MRSA §1073, sub-§3, as amended by PL 2021, c. 658, §192, is 
further amended to read:
3.  Separate area for sale of food and liquor.  A licensee under this section shall set 
aside a separate area for the sale and consumption of food and liquor in accordance with 
the rules of the bureau.
Sec. 17.  28-A MRSA §1073-A, as enacted by PL 2021, c. 658, §193, is repealed.
Sec. 18.  28-A MRSA §1075, sub-§1-A, ¶B, as enacted by PL 2021, c. 658, §195, 
is amended to read:
B.  The additional premises must offer food for sale to the public consistent with the 
sale of food requirement for the primary licensed premises, although the food need not 
be prepared at the additional premises; and
Sec. 19.  28-A MRSA §1076, sub-§3, as amended by PL 2021, c. 658, §201, is 
repealed.
Sec. 20.  28-A MRSA §1076, sub-§3-A is enacted to read:
3-A.  Income from sale of food requirement.  At least 10% of the gross annual 
income must be from the sale of food for both year-round and part-time qualified catering 
services. For purposes of this section, "year-round" means operated for more than 6 months 
in a year.
Sec. 21.  28-A MRSA §1076, sub-§4, as amended by PL 2021, c. 658, §202, is 
further amended to read:
4.  Bureau to determine whether new applicant would probably meet sale of food 
requirement.  The bureau may not issue an initial license to a qualified catering service 
unless it determines that the applicant would probably meet the requirements requirement 
of subsection 3 3-A.
Sec. 22.  28-A MRSA §1076, sub-§5, as amended by PL 2021, c. 658, §203, is 
further amended to read:
5.  Proof of compliance with sale of food requirement for license renewal.  The 
bureau may not renew a qualified catering service's license unless the licensee furnishes 
the bureau with proof that the previous year's business met the requirements requirement 
of subsection 3 3-A.  If the bureau determines that the licensee has not satisfied the 
requirements requirement of subsection 3 3-A, it may renew the license for only one year, 
during which the licensee must meet the requirements requirement of subsection 3 3-A to 
be eligible for further license renewal.
SUMMARY
This bill amends the sale of food requirement for on-premises licensees by:
1. Eliminating the sale of food requirement for bowling centers, curling centers, disc 
golf courses, golf courses, indoor ice skating centers, indoor racquet centers, Class A 
lounges and taverns;
2. Changing the gross annual income requirements from the sale of food for Class A 
restaurants, Class A restaurant/lounges and year-round and part-time qualified catering 
services from an amount based on a municipality's population to 10% of the licensee's gross 
annual income; and
3. Aligning the sale of food requirement for auxiliary licenses with those of the primary 
licensed premises.