To Update the Laws Relating to Liquor Licensing and Enforcement

Last updated: Jun 12, 2017

Details about this bill
Category: Alcohol / Tobacco / Guns
Status: Passed
Sponsor: Representative Louis Luchini, House 38
Session: 128
Bill #: LD 1533

Position:

Monitoring.

Summary:

This bill:

1. Replaces the term "golf club" with "golf course" to eliminate the confusion in Title 28-A between golf clubs and other types of clubs;

2. Eliminates a threshold amount for a single retail purchase of liquor;

3. Clarifies which type of establishments on the same premises as an off-premises retailer must serve full course meals or food;

4. Removes the requirement that a business prior to being considered for an agency liquor store license must have sold malt liquor and wine for one year and have been violation free for that same period;

5. Amends language that establishes a minimum inventory value of spirits based on the population threshold established in the Maine Revised Statutes, Title 28-A, section 461;

6. Removes language providing an exception for businesses with more than 5 locations in the State that are sold to a company that has sold malt liquor or wine in another state;

7. Eliminates the fee for an application for a relocation of an agency liquor store within the same municipality and adds a requirement that the application for relocation include proof that all existing agency liquor stores in the same municipality were notified of the relocation prior to approval by that municipality;

8. Repeals the requirement that the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations hold a public hearing on the relocation application. The only approval needed is from the municipality on the relocation request by the agency liquor store;

9. Adds railroads to the list of public service corporation licensees in order to align with the definition of "public service corporation";

10. Clarifies that identification issued by a federally recognized Indian tribe in the State is an acceptable form of identification for the purposes for purchasing liquor;

11. Amends the provision of law requiring that any malt liquor served from a faucet, spigot or dispensing apparatus must be identified by trade name to include all types of liquor;

12. Reduces the number of gallons that constitute a keg;

 13. Establishes that mobile service bars used on golf courses may serve all types of liquor; and

14. Corrects provisions of law to refer to the director of the bureau instead of the Commissioner of Administrative and Financial Services. These changes were inadvertently left out of Public Law 2013, chapter 368, Part V and Public Law 2013, chapter 476, Part A. The bill also provides that the director or the director's designee may approve an alcohol server education course that meets specific criteria.