Me. Stat. tit. 28-A § 1208

Current through 131st (2023-2024) Legislature Chapter 684
Section 1208 - Dual liquor license

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. [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; [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; [2009, c. 510, §7(RAL).]
C. The licensee's establishment includes at least 2 restrooms available for use by patrons; [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; [2009, c. 510, §7(RAL).]
E. The licensee carries a stock of at least $35,000 of wine; [2009, c. 510, §7(RAL).]
F. The licensee has not committed a violation of this chapter during the past 2 years; and [2009, c. 510, §7(RAL).]
G. The licensee has received approval from the appropriate municipal officers prior to submitting an application to the bureau. [2009, c. 510, §7(RAL).]

[2009, c. 510, §7(RAL).]

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; [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; [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 [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. [2021, c. 658, §224(AMD).]
E. [2019, c. 559, §4(RP).]

[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.

[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.

[2009, c. 510, §7(RAL).]

28-A M.R.S. § 1208

Amended by 2022, c. 658,§ 224, eff. 8/8/2022.
Amended by 2022, c. 658,§ 223, eff. 8/8/2022.
Amended by 2020, c. 559,§ 4, eff. 2/18/2020.
Amended by 2020, c. 559,§ 3, eff. 2/18/2020.
Amended by 2020, c. 559,§ 2, eff. 2/18/2020.
Amended by 2020, c. 559,§ 1, eff. 2/18/2020.
2009, c. 510, § 7 (RAL) .