Maine Revised Statutes Title 28-A Sec. 10 – Class A restaurant and off-premises retail licensee on same premises
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1. Class A restaurant or restaurant and off-premises retail licensee on same premises not prohibited. If a portion of the premises is licensed as an off-premises retail licensee, no provision within this Title may be construed to prohibit issuance of a Class III or Class IV license to the same licensee for a restaurant or Class A restaurant for the remaining portion of the premises, as long as necessary qualifications are maintained for each separately licensed area.
[PL 2021, c. 658, §44 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 10
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Full meal: means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking. See Maine Revised Statutes Title 28-A Sec. 2
- Licensed establishment: means premises to which a license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed premises applies and any person or organization that is licensed to sell spirits, wine or malt liquor during the times and in the places and manners as specified in the license. See Maine Revised Statutes Title 28-A Sec. 2
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Off-premises retail licensee: means a person licensed to sell liquor in sealed bottles, containers or original packages to be consumed off the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2 Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2 Restaurant: means a place that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public. See Maine Revised Statutes Title 28-A Sec. 2 retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
2. Access between the 2 licensed areas. There may be access between the 2 licensed areas for the licensee or the licensee’s employees if it is through areas open only to the licensee or the employees. There must be complete nonaccess between the 2 licensed areas by the public.
[PL 2013, c. 344, §1 (AMD).]
2-A. Access exception.
[PL 2013, c. 344, §1 (NEW); MRSA T. 28-A §10, sub-§2-A (RP).]
Revisor’s Note: Subsection 2-A was repealed 9/30/15. PL 2015, c. 162, §1 attempted to strike the language that repealed the subsection, but did not take effect in time.
2-B. Access exception. Notwithstanding subsection 2, there may be access between the 2 licensed areas by the public as provided by this subsection.
A. There may be access between the 2 licensed areas when there is a clear delineation of space, by a wall or permanent barrier that separates the 2 licensed areas and allows only one clearly defined and controlled point of access for patrons between the licensed establishments. The controlled point of access is not required to include a door that must be physically opened and closed. [PL 2015, c. 494, Pt. D, §9 (NEW).]
B. When access between the 2 licensed areas exists for patrons of either establishment, all malt liquor and wine sold for on-premises consumption must be served by an employee of the licensed on-premises establishment and:
(1) Must be accompanied by a full meal prepared in a separate and complete kitchen on the premises of the on-premises establishment if the on-premises establishment is a Class A restaurant; or
(2) Must be accompanied by a full meal or a hot or cold meal prepared in a separate and complete kitchen on the premises of the on-premises establishment if the on-premises establishment is a restaurant. For purposes of this subparagraph, a “hot or cold meal” means a meal consisting of food items that customarily appear on a restaurant menu, including, but not limited to, sandwiches, salads, hamburgers, cheeseburgers, hot dogs and pizza. A meal consisting solely of prepackaged snack foods such as popcorn, chips or pretzels is not a “hot or cold meal” within the meaning of this subparagraph. [PL 2021, c. 658, §45 (AMD).]
C. Malt liquor or wine sold or served on the premises may not be transported by a patron or employee of either establishment from one licensed area to another. The licensee shall ensure that easily readable signs are conspicuously posted to inform the public that transfer of malt liquor or wine from one licensed area to another is strictly prohibited. [PL 2021, c. 658, §46 (AMD).]
[PL 2021, c. 658, §§45, 46 (AMD).]
3. Licensee to maintain separate records, supplies and inventory. The licensee shall maintain records within each separate licensed establishment in accordance with the appropriate license privilege authorized for each separate area. The licensee shall maintain supplies and inventory separately in accordance with the appropriate license privilege either in each separate licensed establishment or, with prior approval of the bureau, in one storage area on the premises with appropriate separation of the supplies and inventory.
[PL 2013, c. 344, §1 (AMD).]
4. Application. This section does not apply to:
B. A manufacturing facility licensed under section 1355?A at the same location as a retail establishment authorized by section 1355?A, subsection 2, paragraph I. [PL 2017, c. 324, §1 (NEW).]
[PL 2017, c. 324, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2009, c. 438, §1 (AMD). PL 2013, c. 344, §1 (AMD). PL 2015, c. 162, §1 (AMD). PL 2015, c. 494, Pt. D, §9 (AMD). PL 2017, c. 167, §3 (AMD). PL 2017, c. 324, §1 (AMD). PL 2021, c. 658, §§43-46 (AMD).