LD 2123
pg. 2
Page 1 of 2 An Act to Implement the Recommendations of the Commission to Develop a Plan to ... LD 2123 Title Page
Download Bill Text
LR 3447
Item 1

 
B. The bureau does not issue to a person or corporation
more than 2 of the 3 licenses issued to replace a state
liquor store. For purposes of this restriction, each
partner of a partnership, each corporation that owns an
interest in another corporation and each person who owns 20%
or more of the shares or other interest in a corporation is
deemed to own a license granted to the partnership or
corporation.

 
Sec. 3. 28-A MRSA §453-A, sub-§§1 and 1-A, as amended by PL 1997, c.
373, §47, are repealed.

 
Sec. 4. 28-A MRSA §453-A, sub-§2, as amended by PL 1997, c. 373, §47,
is further amended to read:

 
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 summarize
in the public notice the bidding requirements for the agency
store license, including the minimum bid required. The bureau
shall request all parties in the municipality or unincorporated
place interested in bidding on a license to establish an agency
liquor store there to submit bids and applications to the bureau.

 
Sec. 5. 28-A MRSA §453-A, sub-§5, as amended by PL 1997, c. 373, §47,
is further amended to read:

 
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 bid offered and any other factors the bureau
considers appropriate. 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.

 
Sec. 6. 28-A MRSA §453-C is enacted to read:

 
§453-C.__Reselling agents

 
1.__Agent licensed to resell spirits purchased from the
commission.__An agent licensed to resell spirits and fortified
wine purchased from the state to a retail licensee licensed for
on-premises consumption must be licensed as a reselling agent.__
An agent is prohibited from reselling liquor to a retail licensee

 
licensed for on-premises consumption except for spirits and
fortified wine purchased from the commission or a state liquor
store.__A reselling agent may not resell fortified wine purchased
from wholesalers licensed to sell beer and wine in the State.

 
2.__License fee.__The fee for a state license to resell
spirits and fortified wine to a retail licensee licensed for on-
premises consumption is $50 annually.

 
Sec. 7. 28-A MRSA §606, sub-§8, as amended by PL 1997, c. 24, Pt. L,
§4, is further amended to read:

 
8. Limits on price. An agency liquor store may not sell
spirits and fortified wine for less than 103% of the price paid
by the agency liquor store. An agency liquor store may not sell
spirits to persons other than on-premises licensees for more than
the list price set in accordance with chapters 65 and 67. An
agency liquor store shall sell all spirits and fortified wine
purchased from the commission at the retail price established by
the commission.

 
Sec. 8. Bureau of Alcoholic Beverages and Lottery Operations to continue to operate 19
state liquor stores. Notwithstanding Public Law 2001, chapter 358, Part
V, the Department of Administrative and Financial Services,
Bureau of Alcoholic Beverages and Lottery Operations shall
continue to operate all state liquor stores open as of January 1,
2002.

 
Sec. 9. Bureau of Alcoholic Beverages and Lottery Operations; report. The
Department of Administrative and Financial Services, Bureau of
Alcoholic Beverages and Lottery Operations shall report each year
by March 1st to the joint standing committee of the Legislature
having jurisdiction over alcoholic beverages matters on the
operation of the 19 state liquor stores and the statewide spirits
distribution system. This report must include: an assessment of
the State's spirits distribution system success in supplying
spirits to agency liquor stores, the feasibility of expanding
warehouse operations to offer split cases to agents and the
profitability of the 19 state liquor stores.

 
SUMMARY

 
This bill makes several changes to the liquor laws based on
the recommendations of the Commission to Develop a Plan to
Implement the Closure of State Liquor Stores. This bill requires
the Department of Administrative and Financial Services, Bureau
of Alcoholic Beverages and Lottery Operations to continue to
operate the remaining 19 state liquor stores. It repeals the
3.5-mile radius requirement when a state liquor store is replaced

 
with an agency store. It requires an agent permitted to resell
spirits and fortified wine purchased from the State Liquor
Commission to a retail licensee licensed for on-premises
consumption to obtain a state reselling agent license for an
annual fee of $50. The bill also requires the Bureau of
Alcoholic Beverages and Lottery Operations to report annually to
the joint standing committee of the Legislature having
jurisdiction over alcoholic beverages matters.


Page 1 of 2 Top of Page LD 2123 Title Page