Maine Revised Statutes Title 28-A Sec. 453-A – Issuance of agency liquor store license
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The bureau shall issue a license for an agency liquor store within a municipality or unincorporated place by the following procedure. [PL 1997, c. 373, §47 (AMD).]
1. Bidding to replace state liquor stores.
[PL 2001, c. 711, §3 (RP).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 453-A
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Municipal 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
- Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Unincorporated place: means a place which is not incorporated as a municipality. See Maine Revised Statutes Title 28-A Sec. 2
1-A. Bidding to establish or replace agency liquor stores.
[PL 2001, c. 711, §3 (RP).]
2. Public notice. The bureau shall, in accordance with the Maine Administrative Procedure Act, give public notice that an agency liquor store may be established in a particular municipality or unincorporated place. The bureau shall request all parties in the municipality or unincorporated place interested in a license to establish an agency liquor store there to submit applications to the bureau.
[PL 2001, c. 711, §4 (AMD).]
3. Information to applicants. The bureau shall provide all applicants with the necessary information for the establishment of an agency liquor store.
[PL 1997, c. 373, §47 (AMD).]
4. Notice to municipality. Upon receipt of all applications for an agency liquor store license in a municipality and at least 15 days before the final selection of an applicant or applicants by the bureau, the bureau shall notify the municipal officers of that municipality of the proposed location of each applicant.
[PL 1997, c. 373, §47 (AMD).]
5. Licensing decisions. The bureau shall conduct an investigation to determine the feasibility of the location and type of facility for the agency liquor store and shall issue the license to one or more of the applicants, taking into consideration the absence of an existing agency liquor store with less than 3,000 square feet of retail space in a downtown location and any other factors the bureau considers appropriate. The bureau is not required to consider the availability of parking spaces for motor vehicles for the issuance of an agency liquor store license to a store with less than 3,000 square feet of retail space in a downtown location. When considering the issuance of a license, the bureau shall consider the proximity of the proposed agency store to existing agency stores and the potential impact the location of the proposed agency store may have on an existing agency store. The bureau may deny a license if the bureau determines the proposed agency store location is in too close proximity to an existing agency store. For purposes of this subsection, “downtown” has the same meaning as in Title 30?A, section 4301, subsection 5?A.
[PL 2005, c. 596, §1 (AMD).]
5-A. Hearings on applications. The bureau, in accordance with the provisions of the Maine Administrative Procedure Act, shall conduct a hearing to take testimony, consider comment and deliberate on applications. In addition to giving any notice required by the Maine Administrative Procedure Act, the bureau shall give notice of public hearing in writing to any existing agency liquor stores located within 5 miles of the applicant’s proposed store location by regular mail at least 15 days prior to the hearing.
[PL 1997, c. 373, §47 (AMD).]
6. Denial of application. The bureau shall notify any applicant denied a license of the reasons for the denial by certified mail to the mailing address given by the applicant in the application for an agency liquor store license.
[PL 1997, c. 373, §47 (AMD).]
7. Aggrieved applicants. Any applicant aggrieved by a decision made by the bureau may appeal the decision by filing an appeal with the District Court and serving a copy of the appeal upon the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of the mailing of the bureau’s decision.
[PL 2001, c. 471, Pt. D, §26 (AMD).]
8. Measurement of distance. All distances described in this section must be determined by the most reasonable direct route of travel.
[PL 1993, c. 380, §6 (NEW).]
9. Exception.
[PL 2017, c. 167, §6 (RP).]
SECTION HISTORY
PL 1991, c. 622, §K6 (NEW). PL 1993, c. 380, §6 (AMD). PL 1993, c. 509, §§3,4 (AMD). PL 1997, c. 373, §47 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 471, §D26 (AMD). PL 2001, c. 711, §§3-5 (AMD). PL 2005, c. 596, §1 (AMD). PL 2011, c. 460, §1 (AMD). PL 2017, c. 167, §6 (AMD).