An Act to Support
Maine Legislature, Session 132, LD 1551
Committee Amendment CA_A_S153 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 635, L.D. 1551, "An Act to Support
Maine Eating and Drinking Establishments by Allowing Vendors to Operate on the
Premises of an Establishment with a Liquor License"
Amend the bill by inserting after the title and before the enacting clause the following:
'Emer'gency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is a way to support Maine's hospitality sector and businesses
that cater to tourists, and the tourism season is crucial for the State's economy and public
well-being; and
Whereas, the tourism season, which brings millions of visitors and significant
revenue to the State, relies on a regulated and enjoyable environment, including accessible
and responsible alcohol sales; and
Whereas, for these reasons, this legislation needs to take effect before the expiration
of the 90-day period; 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,'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 28-A MRSA §l051-A is enacted to read:
0 S1051-A. Vendor oneration on premises of host licensee
1. Definitions. For purposes of this section, unless the context Qtherwise indicates.
the followine terms have the followme meanines,
A. "Host licensee" means an establishment licensed under this chapter to selLliciuor
for consumption on the premises and licensed by the Department of Health and Human
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT "/+ " to S.P. 635, L.D. 1551
'/}'" to S.P. 635, L.D. 1551 ( $'/1>3
Services or the Department of Agriculture. Conservation and Foresti'v to Di'eoare, serve.
sell or offer for sale food tliat uses the services of a licensed vendor or unlicensed
vendor.
. B. "Licensed vendor" means a person that holds a license issued by the Department of
Health and Human Services or tlie Department of Aericulture. Conservation and
Forestry to prepare, serve, seiLoroffei'^ forsale food.
C. "Unlicensed vendor" means a person that does not hold a license issued by the
Department of Health and Human Sei-vices or the Department of__Agnculture»
Conservation and Forestry to preoat'e. serve, sell or offer for sale food.
D. "Vendor" means a licensed vendor or unlicensed vendor.
2. Conditions. A vendor may operate on the premises of a host licensee under the
following conditions.
A. If an unlicensed vendor prepares, serves, sells or offers for sale anv food on the
premises of a host licensee, the host licensee is responsible for ensuring that the
preparation, serving, selling or offering for sale of food complies with applicable food.
health and safety rules.
B. If a licensed vendor prepares, selves, sells or offersjbi^sale^ food, the licensed
vendor is responsible for ensuring that its operations comply with food. health and
safety rules applicable to the license to Di'epare. serve, sell or offer for sale food as
issued by the Department of Health and Human Services or the Department of
Ajgncyltyre, Conservation andForestry.
C. A vendor may serve alcoholic beverages on the premises of the host licensee only
if those beyeraees are supplied exclusively by the host licensee and the host licensee
or an employee of the host Ucensee^whoJs aythorized to sejfve liqyor is Di'esent,
D. A vendor employee may serve alcohol only if the emfilovee is authorized to serve
liquor and the vendor employee has m-Qvidedto the host licensee an affidavit stating
that the vendor employee has not been convicted of a first offense of violating section
2078 or section 208 1. subsection I. Daraerapli A or B within 2 years of the date of the
affidavit norconvicted of a second offense ofviolatine section 2078 or section 20 81,
subsection 1, Daraeraoh A or B within 5 years of the date of the affidavit. The affidavit
must be executed prior to the vendor operating on the premises of a host licensee. The
bureau shall develop the affidavit form required by this paraeraph and wovide a CODV
of the affidavit to vendors.
E, A vendor employee who serves alcohol on the premises of the host licensee is
considered a server of the host licensee for purposes oftheMaine LiauorJ^iabiUty Act,
P. The host licensee must maintain for a period of at least one year a written record of
all operations involvine vendors. including the name and contact information of the
8 vendor, menus offered by the vendor and the dates and times of operation.
9 G, Thevendor is responsible for collectme and remitting all applicable state and federal
sales taxes on food and beverage sales conducted during its operations on the tiremjses
of the host licensee.
H. A host licensee is liable for any violation of the liquor laws or any rule adopted by
the bureau committed by a vendor on the premises of the host licensee and is subiect
Page2-132LR1467(02)
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COMMITTEE AMENDMENT "//) " to S.P. 635, L.D. 1551
to any fine imposed for a violation. The license ofth^h^^^ licensee may be revoked
or suspended and may be subject to the revocation or suspension of any other licenses
that the host licensee holds.'
Amend the bill by adding before the summary the following:
'Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and adds an emergency preamble and emergency
clause, The amendment provides tliat if certain conditions are met, a licensed or unlicensed
vendor may operate on the premises of an establishment licensed by tlie Department of
Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery
Operations and licensed by the Department of Health and Human Services or the
Department of Agriculture, Conservation and Forestry to prepare, serve, sell or offer for
sale food.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 05,16/25 ^R t-
LD 1551 LR 1467(02)
An Act to Support Maine Eating and Drinking Establishments by Allowing Vendors to Operate on the
Premises of an Establishment with a Liquor License
Fiscal Note for Bill as Amended by Committee Amendment '^"/<-
Committee: Veterans and Legal Affairs
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Bureau of Alcoholic Beverages and Lottery Operations within the Department of
Administrative and Financial Services to implement the provisions of this bill are expected to be minor and can be
absorbed within existing budgeted resources.
LR1467(02) - Fiscal Note - Page 1 of 1