Maine § 28-A §653 Hearings; bureau review; appeal

Maine Statutes

§ 28-A §653 — Hearings; bureau review; appeal

Maine·Title 28-A LIQUORS·Part 3 LICENSES FOR SALE OF LIQUOR·Ch. 27 APPLICATION PROCEDURE

1.Hearings. The municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on-premises licenses, applications for transfer of location of existing on-premises licenses and applications for common consumption area licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver of the hearing.

2.Findings. In granting or denying an application, the municipal officers or the county

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1.
Hearings.
The municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated place is located, may hold a public hearing for the consideration of applications for new on-premises licenses, applications for transfer of location of existing on-premises licenses and applications for common consumption area licenses. The municipal officers or county commissioners may hold a public hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver of the hearing.
2.
Findings.
In granting or denying an application, the municipal officers or the county commissioners shall indicate the reasons for their decision and provide a copy to the applicant. A license may be denied on one or more of the following grounds:
2-A.
Common consumption area license applications.
In addition to the grounds for denial set forth in subsection 2, the municipal officers may deny a common consumption area license if:
3.
Appeal to bureau.
Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal to the bureau within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The bureau shall hold a public hearing in the city, town or unincorporated place where the premises are situated. In acting on such an appeal, the bureau may consider all licensure requirements and findings referred to in subsection 2.
4.
No license to person who moved to obtain a license.
5.
Appeal to District Court.
Any person or governmental entity aggrieved by a bureau decision under this section may appeal the decision to the District Court within 30 days of receipt of the written decision of the bureau.

Maine § 28-A §653 (Hearings; bureau review; appeal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §32 (AMD). PL 1987, c. 623, §8 (AMD). PL 1989, c. 592, §§3,4 (AMD). PL 1993, c. 730, §27 (AMD). PL 1995, c. 10, §1 (AMD). PL 1995, c. 140, §§4-7 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 1999, c. 589, §1 (AMD). PL 2001, c. 500, §1 (AMD). PL 2003, c. 213, §1 (AMD). PL 2009, c. 81, §§1-3 (AMD). PL 2017, c. 13, §1 (AMD). PL 2019, c. 281, §§6, 7 (AMD). PL 2021, c. 658, §94 (AMD).