SP0637, LD 1738, item 2, Document Text

Amend the bill by striking out all of section 2 and inserting the following:

‘Sec. 2. 28-A MRSA §1051, sub-§9 is enacted to read:

9. Use of noncontiguous real estate. Notwithstanding section 2, subsection 24, the bureau may approve the use of noncontiguous real estate near an establishment licensed under this chapter as part of the premises where the licensee may exercise the license privilege.

A. The bureau shall ensure the following conditions have been met before approving the use of noncontiguous real estate as part of the licensed premises:

(1) The noncontiguous real estate is owned by the municipality in which the establishment is licensed;

(2) The licensee has obtained approval from the municipality to directly or indirectly control the noncontiguous real estate for the exercise of the license privilege; and

(3) The bureau has determined that the noncontiguous real estate is a proper place for the exercise of the license privilege.

B. A licensed establishment authorized to use noncontiguous real estate as part of the licensed premises may not:

(1) Permit any person other than an employee of the licensed establishment to transport liquor between the establishment and the noncontiguous real estate; or

(2) Notwithstanding section 4, subsection 2, sell or serve liquor on the noncontiguous real estate later than one hour after the time food service has ended or 11 p.m., whichever occurs first.

C. The area between the licensed establishment and the noncontiguous real estate may be accessible to the public if it is a public way as defined by Title 29-A, section 101.

D. The bureau shall adopt rules to implement the provisions of this subsection. Rules adopted pursuant to this paragraph are routine technical rules as described in Title 5, chapter 375, subchapter 2-A.’

summary

This amendment clarifies that noncontiguous real estate near an establishment licensed for the sale of liquor for consumption on the premises that is approved by the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations as a proper place for exercise of the licensee's privilege is considered part of the licensed premises. The amendment also clarifies that only an employee of the licensed establishment may transport liquor between the licensed establishment and the noncontiguous real estate.

SP0637 LD 1738	Session - 128th Maine Legislature C "A", Filing Number S-354, Sponsored by		LR 2745 Item 2
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