Maine § 28-A §1051 Licenses generally

Maine Statutes

§ 28-A §1051 — Licenses generally

Maine § 28-A §1051

Title 28-ALIQUORS

Part 3LICENSES FOR SALE OF LIQUOR

Ch. 43LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED ON THE LICENSED PREMISES

This text of Maine § 28-A §1051 (Licenses generally) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 28-A, § 28-A §1051 (2026).

Text

1.Licenses for sale of liquor to be consumed on the premises where sold. Subject to subsection 2, the bureau may issue licenses for the sale of spirits, wine and malt liquor to be consumed on the premises where sold to qualified applicants upon payment of fees provided.

2.Local approval of application for license. The initial application for the license must first be approved under section 653 by the municipal officers of the municipality in which the applicant's premises are located or, if the premises are located in an unincorporated place, the application must be approved by the county commissioners of the county within which the unincorporated place is located. 2-A. Temporary license upon transfer of ownership. An applicant applying for a new license, in accordance with subsection 2,

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1.
Licenses for sale of liquor to be consumed on the premises where sold.
Subject to subsection 2, the bureau may issue licenses for the sale of spirits, wine and malt liquor to be consumed on the premises where sold to qualified applicants upon payment of fees provided.
2.
Local approval of application for license.
The initial application for the license must first be approved under section 653 by the municipal officers of the municipality in which the applicant's premises are located or, if the premises are located in an unincorporated place, the application must be approved by the county commissioners of the county within which the unincorporated place is located.
2-A.
Temporary license upon transfer of ownership.
An applicant applying for a new license, in accordance with subsection 2, resulting from the transfer of ownership of an existing on-premises license may simultaneously apply to the bureau for a temporary on-premises license. The bureau may issue a temporary license upon application unless the municipal officers or county commissioners notify the bureau of their objection to the issuance of the license. A temporary license issued in accordance with this subsection is valid from the date it is issued until a decision is made on the application for an annual on-premises license or for 60 days, whichever is shorter. The fee for a temporary license issued under this subsection is $100.
3.
Liquor not to be consumed elsewhere.
Except as provided in paragraphs A and B and in sections 1012, 1080 and 1208, a licensee for the sale of liquor to be consumed on the premises where sold may not personally or by an agent or employee, sell, give, furnish or deliver any liquor to be consumed elsewhere than upon the licensed premises or noncontiguous real estate that meets the conditions specified in subsection 9. The service and consumption of liquor must be limited to areas that are clearly defined and approved in the application process by the bureau as appropriate for the consumption of liquor. Outside areas must be controlled by barriers and by signs prohibiting consumption beyond the barriers.
4.
Removal of partially consumed bottles of wine from premises.
Notwithstanding subsection 3, an establishment licensed by the State to sell wine on the premises may permit a person who has purchased a full meal, and purchased and partially consumed a bottle of wine with the full meal, to remove the partially consumed bottle from the premises upon departure, as long as the person is not visibly intoxicated as provided in section 2503, subsection 7 and the bottle of wine is removed and transported in a manner consistent with subsection 5.
5.
Transportation of partially consumed bottles of wine.
A partially consumed bottle of wine that is removed from the premises under subsection 4 must be transported in compliance with Title 29‑A, section 2112‑A, if transported by motor vehicle, or securely sealed and bagged if transported on foot or by means other than a motor vehicle.
6.
Spirits taste-testing events for retail licensees on on-premises retail licensee's premises.
A distillery, a licensed spirits sales representative and the wholesale spirits provider, with the written permission of the bureau, may rent or lease an area or room from an on-premises retail licensee for the purpose of inviting retail licensees to taste test spirits. Spirits taste-testing events must be conducted during hours that are authorized by the bureau for the sale of the product on the premises. The following conditions apply to each taste-testing event conducted under this subsection.
7.
Toilet facilities.
An eating establishment licensed in accordance with this chapter is required to have toilet facilities as prescribed by rule, except that an eating establishment that has a seating capacity of 40 or fewer persons is required to have at least one toilet facility but may not be required to have more than one toilet facility.
8.
Liquor taste-testing events for public on on-premises retail licensee's premises.
The bureau may authorize an on-premises retail licensee to conduct liquor taste-testing events open to the public on the licensed premises. Taste-testing events under this subsection may be held in collaboration with a certificate of approval holder, sales representative licensed under section 1502 or wholesale licensee. An on-premises retail licensee may request authority to conduct a taste-testing event using forms prescribed by the bureau. The following conditions apply to all taste-testing events conducted under this subsection.
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.
10.
Consumption of bottles of wine not sold on the premises.
A restaurant, Class A restaurant or Class A restaurant/lounge licensed by the State to sell wine on the premises may give, serve or permit to be served a bottle of wine furnished by a person who has purchased a full meal to be consumed on the premises by that person or by another person within the same group as the person who furnished the wine and may charge a fee, not to exceed $100 per bottle, for this service. A restaurant, Class A restaurant or Class A restaurant/lounge may permit a person who furnished the bottle of wine to remove the partially consumed bottle of wine from the premises upon departure as long as the person is not visibly intoxicated as defined in section 2503, subsection 7 and the bottle of wine is removed and transported in a manner consistent with subsections 4 and 5, respectively.

Legislative History

PL 1987, c. 45, §A4 (NEW). PL 1997, c. 306, §1 (AMD). PL 1997, c. 501, §3 (AMD). PL 1999, c. 236, §2 (AMD). PL 1999, c. 293, §1 (AMD). PL 1999, c. 421, §6 (AMD). PL 2003, c. 213, §2 (AMD). PL 2003, c. 493, §9 (AMD). PL 2003, c. 493, §14 (AFF). PL 2005, c. 319, §3 (AMD). PL 2005, c. 539, §7 (AMD). PL 2009, c. 438, §2 (AMD). PL 2011, c. 242, §2 (AMD). PL 2013, c. 258, §1 (AMD). PL 2015, c. 129, §3 (AMD). PL 2017, c. 337, §§1, 2 (AMD). PL 2019, c. 281, §9 (AMD). PL 2019, c. 404, §§18, 19 (AMD). PL 2021, c. 658, §§161-166 (AMD). PL 2023, c. 103, §4 (AMD).