Maine Revised Statutes Title 28-A Sec. 1208 – Dual liquor license
Current as of: 2023 | Check for updates
|
Other versions
(REALLOCATED FROM TITLE 28-A, SECTION 1207)
(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).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1208
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Full meal: means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking. See Maine Revised Statutes Title 28-A Sec. 2
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
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).