2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 2: RETAIL LICENSES › Chapter 43: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES › Subchapter 2: SPECIFIC LICENSE REQUIREMENTS › 28-A §1061. Hotels

§1061. Hotels
1.  Issuance of licenses.
The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises to hotels, as defined in section 2, subsection 15, paragraph H.
[PL 1995, c. 270, §1 (AMD).]
2.  Minors not permitted on premises.
Except as provided in paragraph B, a hotel licensee may not permit a minor in a hotel lounge where liquor is served.
A. [PL 1995, c. 270, §1 (RP).]
B. This subsection does not apply when:
(1) The minor is accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002;
(2) The minor is employed under section 704; or
(3) The licensee does not permit consumption of liquor on the licensed premises.   [PL 1987, c. 342, §82 (RPR).]
[PL 2021, c. 658, §175 (AMD).]
3.  Income from sale of food requirement.
At least 10% of the gross annual income, not including income from the rental of rooms or from a minibar licensed under section 1012, must be from the sale of food for each licensed hotel. This requirement does not apply to a hotel that has a Class I-A license under section 1002.
[PL 2021, c. 658, §176 (AMD).]
3-A.  Bureau to determine whether new applicant would probably meet sale of food requirement.
The bureau may not issue an initial license to a hotel unless it determines that the applicant would probably meet the requirements of subsection 3. This requirement does not apply to a hotel that applies for a Class I-A license under section 1002.
[PL 2021, c. 658, §177 (NEW).]
3-B.  Proof of compliance with sale of food requirement for license renewal.
The bureau may not renew a hotel's license unless the licensee furnishes the bureau with proof that the previous year's business met the requirements of subsection 3. If the bureau determines that the licensee has not satisfied the requirements of subsection 3, the bureau may renew the license for only one year, during which the licensee must meet the requirements of subsection 3 to be eligible for further license renewal. This subsection does not apply to a hotel that has a Class I-A license under section 1002.
[PL 2021, c. 658, §178 (NEW).]
4.  Required number of sleeping rooms.
Each hotel must be equipped with at least the required number of adequate sleeping rooms.
A. The number of rooms required is based on the population of the municipality in which the hotel is located, as reported in the 1960 Federal Decennial Census. If the population reported in the most recent Federal Decennial Census is at least 20% less than the population reported in the 1960 census, the most recent Federal Decennial Census must be used to determine the number of rooms required.
(1) If the hotel is located in a municipality having a population of 7,500 or less, the hotel must have at least 12 adequate sleeping rooms.
(2) If the hotel is located in a municipality having a population of more than 7,500, the hotel must have at least 30 adequate sleeping rooms.   [PL 1991, c. 824, Pt. D, §4 (RPR).]
B.   [PL 1991, c. 376, §53 (RP).]
C.   [PL 1987, c. 623, §14 (RP).]
If the hotel is located on an offshore island that is part of a mainland municipality, then the number of rooms required is based on the population of the island, rather than that of the municipality as a whole.
[PL 1995, c. 270, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 232 (AMD). PL 1987, c. 342, §§82-84 (AMD). PL 1987, c. 623, §14 (AMD). PL 1989, c. 139 (AMD). PL 1991, c. 376, §53 (AMD). PL 1991, c. 583 (AMD). PL 1991, c. 824, §D4 (AMD). PL 1995, c. 270, §1 (AMD). PL 2021, c. 658, §§175-178 (AMD).