2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES › 28-A §1208. Dual liquor license (REALLOCATED FROM TITLE 28-A, SECTION 1207)

§1208. Dual liquor license
(REALLOCATED FROM TITLE 28-A, SECTION 1207)
Notwithstanding any other provision of law, the bureau may issue a dual liquor license to a retail establishment to serve wine to be consumed on the premises in accordance with subsection 2 if that establishment is licensed to sell wine to be consumed off the premises and meets the criteria listed in subsection 1.   [PL 2009, c. 510, §7 (RAL).]
1.  Minimum criteria.
In order for the bureau to issue a dual liquor license in accordance with this section the following criteria must be met:
A. The licensee has submitted an application as prescribed by the bureau and the fee under subsection 3 to the bureau;   [PL 2009, c. 510, §7 (RAL).]
B. The licensee's establishment includes a full kitchen that prepares hot and cold meals to be consumed on the premises;   [PL 2009, c. 510, §7 (RAL).]
C. The licensee's establishment includes at least 2 restrooms available for use by patrons;   [PL 2009, c. 510, §7 (RAL).]
D. The licensee has dedicated an area of the establishment with table seating for a minimum of 16 people to sit and eat a meal prepared by the licensee;   [PL 2009, c. 510, §7 (RAL).]
E. The licensee carries a stock of at least $35,000 of wine;   [PL 2009, c. 510, §7 (RAL).]
F. The licensee has not committed a violation of this chapter during the past 2 years; and   [PL 2009, c. 510, §7 (RAL).]
G. The licensee has received approval from the appropriate municipal officers prior to submitting an application to the bureau.   [PL 2009, c. 510, §7 (RAL).]
[PL 2009, c. 510, §7 (RAL).]
2.  License requirements.
The holder of a dual liquor license is governed by the following when serving wine to be consumed on the premises:
A. Each serving of wine must be dispensed by the licensee or an employee of the licensee who is at least 21 years of age from a stock of wine that is separated from the wine that is for sale for consumption off the premises;   [PL 2009, c. 510, §7 (RAL).]
B. The licensee shall ensure that at least one employee at least 21 years of age is present at all times when wine is being consumed on the premises;   [PL 2019, c. 559, §1 (AMD).]
C. Wine may be served only if a full meal is available for purchase and consumption on the premises; and   [PL 2021, c. 658, §223 (AMD).]
D. A licensee under this section may not permit a patron of the establishment to consume any liquor on the premises other than wine served in accordance with the requirements of this section.   [PL 2021, c. 658, §224 (AMD).]
E. [PL 2019, c. 559, §4 (RP).]
[PL 2021, c. 658, §§223, 224 (AMD).]
3.  License fee.
The license fee for a dual liquor license is $600 annually in addition to the license to sell malt liquor or wine for consumption off the premises.
[PL 2009, c. 510, §7 (RAL).]
4.  Rules.
The bureau shall adopt rules to implement this section. Rules adopted in accordance with this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
[PL 2009, c. 510, §7 (RAL).]
SECTION HISTORY
PL 2009, c. 510, §7 (RAL). PL 2019, c. 559, §§1-4 (AMD). PL 2021, c. 658, §§223, 224 (AMD).