CHAPTER 269
S.P. 463 - L.D. 1336
An Act To Promote Economic Development in Commercial and Downtown Areas of the State
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day period to encourage economic development in commercial and downtown areas in the State, which is a vital component to the overall growth and success of the State; and
Whereas, a component of some commercial districts and downtown districts is the location of restaurants and bars in order to spur activity and growth in these districts; and
Whereas, the prohibition on issuance of new liquor licenses to businesses located within 300 feet of churches and schools is primarily designed to prevent businesses from locating near established churches and schools and selling liquor in close proximity to those locations; and
Whereas, the entry of a new school or church into a preexisting commercial zone where businesses are already allowed to obtain liquor licenses, or a downtown area, should not have the effect of disrupting the economic development plans of a municipality; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §701, sub-§1, as amended by PL 1997, c. 373, §64, is further amended to read:
1. Location within 300 feet of churches and schools. Except as provided in paragraph B paragraphs B and C, the bureau may not issue a new license for the sale of liquor to be consumed on the premises to new premises within 300 feet of a public or private school, school dormitory, church, chapel or parish house in existence as such at the time the application for the new license is made.
B. The bureau may after holding a public hearing near the proposed location issue licenses to premises that are either in or within 300 feet of a church, chapel, parish house or postsecondary school.
C. The restriction in this subsection does not apply if a public or private school, school dormitory, church, chapel or parish house:
(1) Locates in a commercial zone that includes restaurants or bars as permitted uses and that had been established pursuant to a zoning ordinance as defined in Title 30-A, section 4301, subsection 15-A prior to the public or private school, school dormitory, church, chapel or parish house locating in the commercial zone; or
(2) Is located in a downtown as defined in Title 30-A, section 4301, subsection 5-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 2, 2005.
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