SP0277
LD 779
Session - 127th Maine Legislature
C "A", Filing Number S-159, Sponsored by
LR 984
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 28-A MRSA §453, sub-§2-A,  as amended by PL 2013, c. 253, §1, is further amended to read:

2-A. Limitation on number of agency liquor stores.   Beginning July 1, 2009, the bureau may license up to 10 agency liquor stores in a municipality with a population over 50,000; up to 8 agency liquor stores in a municipality with a population over 20,000 but less than 50,001; up to 5 agency liquor stores in a municipality with a population of at least 10,001 but less than 20,001; up to 4 agency liquor stores in a municipality with a population of at least 5,001 but less than 10,001; and up to 3 agency liquor stores in a municipality with a population of at least 2,000 but less than 5,001 . In addition, the bureau may establish ; and one agency liquor store in a municipality where the population is less than 2,000. The bureau may issue one additional liquor store license beyond those otherwise authorized by this subsection in a municipality with a population of less than 10,000. The bureau may consider the impact of seasonal population or tourism and other related information provided by the municipality requesting an additional agency liquor store location license.

Nothing in this subsection may be construed to reduce the number of agency stores the bureau may license in a municipality as of June 30, 2009.

Sec. 2. 28-A MRSA §453, sub-§2-D,  as enacted by PL 2013, c. 269, Pt. A, §6, is amended to read:

2-D. Exception.   If a retailer that is located in this State and has at least 5 locations licensed as an agency liquor store is sold or ownership is transferred to another company that will assume operation of some or all of the retailer's stores and that company submits an application for an agency liquor store license at some or all of those stores, the bureau may waive the requirement of subsection 2-C, paragraph A. The bureau may provide this waiver only if the applicant has held a license in another state to sell malt liquor and wine or spirits at retail for off-premises consumption, for at least one year prior to submitting the application, without a violation of the laws governing the sale of alcoholic beverages in that state and can provide the bureau with documentation of financial success as determined by the bureau. The bureau may not provide this waiver when issuing an additional liquor store license in a municipality with a population of less than 10,000 beyond the limit on the number of agency liquor stores authorized under subsection 2-A.

SUMMARY

This amendment clarifies that the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations may license one agency liquor store in a municipality with a population of less than 2,000. This amendment also authorizes the bureau to issue one additional liquor store license in a municipality with a population of less than 10,000, instead of 5,000 as in the bill, and to consider the impact of seasonal population or tourism when determining whether to issue the additional license. Finally, this amendment specifies that a waiver from time requirements does not apply to certain applicants for an additional liquor store license in a municipality that already has the authorized number of liquor store licenses.


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