Maine Revised Statutes Title 28-A Sec. 453 – Location of agency stores
Current as of: 2023 | Check for updates
|
Other versions
1. Location requirements. The bureau may license an agency liquor store only when the following requirements are met.
A. The proposed agency liquor store is located in a municipality that has voted in favor of local option provisions that authorize the sale of spirits, wine and malt liquor for off-premises consumption or the proposed agency liquor store is located in an unincorporated place where the county commissioners have authorized the sale of spirits, wine and malt liquor for off-premises consumption. [PL 2021, c. 658, §68 (AMD).]
B. [PL 1993, c. 380, §1 (RP); PL 1993, c. 380, §7 (AFF).]
C. [PL 2001, c. 711, §2 (RP).]
D. [PL 2001, c. 711, §2 (RP).]
[PL 2021, c. 658, §68 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 453
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- 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
- 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. 2Municipality: means a city, town or plantation. 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 Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Unincorporated place: means a place which is not incorporated as a municipality. 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Limitation on number of agency liquor stores. The bureau may license up to:
A. Twelve agency liquor stores in a municipality with a population over 60,000; [PL 2021, c. 172, §1 (AMD).]
B. Eleven agency liquor stores in a municipality with a population over 45,000 but less than 60,001; [PL 2021, c. 172, §1 (AMD).]
C. Ten agency liquor stores in a municipality with a population over 30,000 but less than 45,001; [PL 2021, c. 172, §1 (AMD).]
D. Nine agency liquor stores in a municipality with a population over 20,000 but less than 30,001; [PL 2021, c. 172, §1 (AMD).]
E. Seven agency liquor stores in a municipality with a population over 15,000 but less than 20,001; [PL 2019, c. 74, §1 (NEW).]
F. Six agency liquor stores in a municipality with a population over 10,000 but less than 15,001; [PL 2019, c. 74, §1 (NEW).]
G. Four agency liquor stores in a municipality with a population of at least 5,001 but less than 10,001; [PL 2019, c. 74, §1 (NEW).]
H. Three agency liquor stores in a municipality with a population of at least 2,000 but less than 5,001; and [PL 2019, c. 74, §1 (NEW).]
I. One agency liquor store in a municipality with a population less than 2,000. [PL 2019, c. 74, §1 (NEW).]
The bureau may issue one additional agency liquor store license beyond those otherwise authorized by this subsection in a municipality with a population of less than 10,000. The bureau may consider the impact of seasonal population or tourism and other related information provided by the municipality requesting an additional agency liquor store license.
This subsection may not be construed to reduce the number of agency liquor stores the bureau may license in a municipality as of June 30, 2009.
[PL 2021, c. 172, §1 (AMD).]
2. Replacement of state or agency liquor stores.
[PL 2001, c. 711, §2 (RP).]
2-A. Limitation on number of agency liquor stores.
[PL 2019, c. 74, §2 (RP).]
2-B. Requirement of at least one replacement agency liquor store before closing.
[PL 2013, c. 368, Pt. V, §31 (RP).]
2-C. Licenses. The bureau shall consider whether the applicant can satisfy the following criteria when determining whether to issue an agency liquor store license under this section:
A. If the applicant has previously held a license to sell malt liquor and wine for off-premises consumption, the applicant was not found by the District Court to have committed a violation of any provision of this Title or rule of the bureau within the last year; [PL 2019, c. 404, §5 (AMD).]
B. If the applicant is applying for an agency liquor store license in a municipality with a population of 1,000 or more, the applicant will be able to stock at least $10,000 worth of spirits purchased from the State or the State’s wholesale distributor upon issuance of an agency liquor store license. If the applicant is applying for an agency liquor store license in a municipality with a population of 999 or less, the applicant will be able to stock at least $5,000 worth of spirits purchased from the State or the State’s wholesale distributor upon issuance of an agency liquor store license; [PL 2017, c. 167, §4 (AMD).]
C. The applicant can purchase the initial stock of spirits using a bank check or other financial instrument that certifies that funds are available; and [PL 2017, c. 167, §4 (AMD).]
D. The applicant demonstrates that the applicant is likely to be a responsible licensee. [PL 2017, c. 167, §4 (NEW).]
[PL 2019, c. 404, §5 (AMD).]
2-D. Exception.
[PL 2017, c. 167, §5 (RP).]
3. Measurement of distances.
[PL 1993, c. 380, §5 (RP); PL 1993, c. 380, §7 (AFF).]
4. Procedure for selection of agency liquor store location.
[PL 1991, c. 622, Pt. K, §4 (RP).]
5. Aggrieved applicants.
[PL 1991, c. 622, Pt. K, §5 (RP).]
SECTION HISTORY
PL 1987, c. 45, Pt. A, §4 (NEW). PL 1987, c. 342, §22 (AMD). PL 1989, c. 502, Pt. B, §§26-28 (AMD). PL 1991, c. 528, Pt. E, §34 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, Pt. E, §34 (AMD). PL 1991, c. 622, Pt. K, §§3-5 (AMD). PL 1993, c. 380, §§1-5 (AMD). PL 1993, c. 380, §7 (AFF). PL 1997, c. 373, §46 (AMD). PL 2001, c. 711, §2 (AMD). PL 2003, c. 20, Pt. SS, §§1, 2 (AMD). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2009, c. 213, Pt. JJJJ, §§1, 2 (AMD). PL 2013, c. 253, §1 (AMD). PL 2013, c. 269, Pt. A, §§5, 6 (AMD). PL 2013, c. 368, Pt. V, §31 (AMD). PL 2015, c. 128, §1 (AMD). PL 2015, c. 221, §§1, 2 (AMD). PL 2015, c. 494, Pt. A, §31 (AMD). PL 2017, c. 167, §§4, 5 (AMD). PL 2019, c. 74, §§1, 2 (AMD). PL 2019, c. 404, §5 (AMD). PL 2021, c. 172, §1 (AMD). PL 2021, c. 658, §68 (AMD).