Maine Revised Statutes Title 28-A Sec. 605 – Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
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Except as otherwise provided in this section and section 608, a license or any interest in a license may not be sold, transferred, assigned or otherwise subject to control by any person other than the licensee. If the business, or any interest in the business, in connection with which a licensed activity is conducted is sold, transferred or assigned, the licensee shall immediately send to the bureau the license and a sworn statement showing the name and address of the purchaser. The bureau is not required to refund any portion of the license fee if the license is surrendered before it expires. For the purposes of this section, neither a tenant brewery that is licensed in accordance with section 1355?A, subsection 6 nor a tenant winery that is licensed in accordance with section 1355?A, subsection 7 is considered to be subject to the control of the host brewery or host winery, as the case may be, as described in those subsections, or considered to have been transferred or assigned the license or interest in the license of the host brewery or host winery. [PL 2021, c. 658, §87 (AMD).]
1. Transfer within same municipality. Upon receipt of a written application, the bureau may transfer any retail liquor license from one place to another within the same municipality. If the approval of the municipal officers was required for the original license, the transfer may be made only with the approval of the municipal officers. No transfer may be made to premises for which the license could not have been originally legally issued.
[PL 1997, c. 373, §55 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 605
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Executor: A male person named in a will to carry out the decedent 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 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 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, corporation, firm, association or other legal entity. 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 Tenant winery: means a person who has been issued an approved application for an alternating proprietorship from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce wine or hard cider at a manufacturing facility of another winery who is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Trustee: A person or institution holding and administering property in trust. Winery: means a person that ferments and ages wine. 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
2. Death, bankruptcy or receivership. In the case of death, bankruptcy or receivership of any licensee, the executor or administrator of the deceased licensee or the trustee or receiver of the bankrupt licensee or licensee in receivership may retain the license for the remaining term of the license or transfer the license without additional fee.
A. Personal representatives, receivers or trustees may operate the premises themselves or through a manager for a year from the date of their appointment for the benefit of the estate.
(1) The license must be renewed upon the expiration date at the regular license fee.
(2) If the license or renewed license is not transferred within one year from the date of appointment, it becomes void and must be returned to the bureau for cancellation.
(3) Any suspension or revocation of the license by the District Court for any violation applies against both the manager and the personal representative, receiver or trustee.
(4) A personal representative, receiver, trustee or duly appointed manager may not operate under the license unless approved by the bureau. [PL 2021, c. 658, §§88, 89 (AMD).]
B. If a licensee dies, the following persons, with the written approval of the bureau, may continue the operation of the license for not more than 60 days pending appointment of a personal representative of the estate:
(1) The surviving spouse;
(2) A person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee;
(3) Any sole heir of the deceased licensee; or
(4) Any person designated by all of the heirs of the deceased licensee. [PL 1997, c. 373, §56 (AMD).]
C. When no administration of the estate of a deceased licensee is contemplated, the surviving spouse or person designated by all of the heirs of the deceased licensee may take over the license under the same conditions as are provided for operation and transfer by executors and administrators. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §§88, 89 (AMD).]
2-A. Transfer to surviving spouse or designated heir. When the term of the license of a deceased licensee expires, the bureau shall transfer the license for the existing location to the surviving spouse or a designated heir of the deceased licensee if the surviving spouse or designated heir submits a request for the transfer of that license at least 60 days prior to the expiration of the license. The bureau may deny the transfer of the license if the surviving spouse or designated heir does not meet all of the eligibility requirements for that license set forth in this chapter. If both the surviving spouse and the designated heir request transfer of the license, the bureau shall reissue the license by the same process used if no surviving spouse or designated heir requested that the license be transferred.
[PL 2001, c. 711, §7 (NEW).]
3. Guardians and conservators. Duly appointed and qualified guardians and conservators of the estate of a licensee may take over, operate and renew licenses of their wards during their term of office if they or their managers are approved by the bureau.
A. Guardians and conservators, except in the case of off-premises retail licensees approved by the municipal officers in their municipality, may not transfer their wards’ licenses and shall renew licenses each year. [PL 2021, c. 658, §90 (AMD).]
B. Penalties for violations apply to both guardians or conservators and their managers in the same manner as executors or administrators and their managers in subsection 2. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §90 (AMD).]
4. Sale of stock of a corporate licensee. Any sale or transfer of stock of a corporate licensee which results in the sale or transfer of more than 10% of the shares of stock of the corporate licensee shall be considered a transfer within the meaning of this section and a new license must be purchased.
[PL 1987, c. 342, §26 (AMD).]
5. Incorporation of licensee’s business. The incorporation of a licensee’s business or a change in the form of incorporation of a licensee’s business are transfers within the meaning of this section. This subsection does not apply to agency liquor stores as long as the licensed agent retains control of the corporate stock.
[PL 1987, c. 623, §7 (AMD).]
6. Change in partnership. Addition or deletion of a partner in a partnership is a transfer within the meaning of this section.
[PL 1987, c. 342, §27 (NEW).]
7. Corporate merger or acquisition. The merger or acquisition of a licensee which is incorporated is a transfer within the meaning of this section.
[PL 1987, c. 342, §27 (NEW).]
8. Application. This section does not apply to certificate of approval holders.
[PL 1987, c. 623, §7 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§25-27 (AMD). PL 1987, c. 623, §7 (AMD). PL 1987, c. 769, §A113 (AMD). PL 1997, c. 373, §§54-57 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 711, §7 (AMD). PL 2013, c. 345, §2 (AMD). PL 2013, c. 446, §1 (AMD). PL 2015, c. 185, §2 (AMD). PL 2021, c. 658, §§87-90 (AMD).