SP0403, LD 1300, item 1, An Act To Create a New Liquor License, Provide Funding for Prevention of Underage Drinking and Provide Municipal Control over the Agency Liquor Store Application Process

An Act To Create a New Liquor License, Provide Funding for Prevention of Underage Drinking and Provide Municipal Control over the Agency Liquor Store Application Process

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA §453, sub-§1, ¶E is enacted to read:

E. The addition of the proposed agency liquor store will not exceed the number of agency liquor stores authorized by a municipality in accordance with subsection 2-A.

Sec. 2. 28-A MRSA §453, sub-§2-A, as amended by PL 2009, c. 213, Pt. JJJJ, §1, is repealed and the following enacted in its place:

2-A. Limitation on number of agency liquor stores. Beginning October 1, 2011 a municipality by affirmative vote of its governing body or through referendum may establish a limit on the number of agency liquor stores to be licensed in that municipality.

Nothing in this subsection may be construed to reduce the number of agency stores the bureau may license in a municipality as of October 1, 2011.

Sec. 3. 28-A MRSA §1010-A is enacted to read:

§ 1010-A. Class VIII licenses

1. Types of liquor that may be sold. A Class VIII licensee may sell malt liquor, wine and spirits to be consumed off the premises where sold.

2. Fees. The fees for a Class VIII license are as follows:

A. Full-time, one year, after payment of the initial agency liquor store license fee under section 453-B, $900; and

B. A Class VIII license is not subject to the renewal fee under section 453-B.

3. Eligible premises. The following premises are eligible to obtain a Class VIII license:

A. Agency liquor store licensees with a qualifying stock of groceries, compatible merchandise or a combination of both.

Sec. 4. 28-A MRSA §1013 is enacted to read:

§ 1013. Underage drinking prevention

Beginning January 1, 2012, the bureau shall pay 10% of the license fees collected under section 1010-A to the Treasurer of State to be credited to the Department of Health and Human Services, Office of Substance Abuse for the purpose of prevention of consumption of liquor by minors.

summary

Current law limits the number of agency liquor stores that sell spirits based on the population of a municipality. This bill removes those limits. The bill provides that beginning January 1, 2012 a municipality may establish a limit for agency liquor stores through action of the governing body or a popular referendum. The bill also provides for a combined license for agency liquor stores that also sell beer and wine. Under current law an agency liquor store must obtain separate licenses to sell beer and wine. Finally, this bill dedicates 10% of that combined license fee to the Department of Health and Human Services, Office of Substance Abuse for underage drinking prevention.

SP0403 LD 1300	First Regular Session - 125th Maine Legislature		LR 1076 Item 1
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