1. Off-premises catering license for sale of liquor. A club licensed to sell spirits, wine and malt liquor or a licensed Class A restaurant, licensed Class A restaurant/lounge, licensed Class A lounge, licensed hotel, licensed bed and breakfast, licensed golf course, licensed auditorium, licensed civic auditorium or licensed performing arts center may apply for an additional license to conduct off-premises catering at planned events or gatherings to be held at locations other than the licensee‘s premises under this section.

[PL 2023, c. 285, §2 (AMD).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 1052

  • Auditorium: means a commercially operated indoor or outdoor facility designed or used for the gathering of an audience for speeches and live performances of theater, music, dance or other performing arts that charges a fee and has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Bed and breakfast: means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day. See Maine Revised Statutes Title 28-A Sec. 2
  • 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
  • Catering: means service of liquor with or without food by a person to groups at a prearranged function. See Maine Revised Statutes Title 28-A Sec. 2
  • Civic auditorium: means a municipal, county or state or a quasi-municipal, quasi-county or quasi-state owned or operated auditorium or civic center. See Maine Revised Statutes Title 28-A Sec. 2
  • Class A lounge: means a place where liquor is sold at tables, booths and counters. 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
  • Club: means a group of individuals incorporated and operating in a bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature and not for pecuniary gain. See Maine Revised Statutes Title 28-A Sec. 2
  • Golf course: means a commercially operated facility, whether publicly or privately owned, that offers golfing facilities to the public for a fee, including a regulation-size golf course of no fewer than 9 holes and an average total of not less than 1,200 yards per 9 holes, that has a value of not less than $100,000 and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
  • Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. 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. 2
  • Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2
  • Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2
  • Off-premises catering: means service of liquor with or without food by a licensee to groups at prearranged functions located at a place other than the licensee's premises. See Maine Revised Statutes Title 28-A Sec. 2
  • Performing arts center: means a charitable or nonprofit corporation incorporated as a corporation without capital stock under Title 13, chapter 81 and that has as its primary purpose the encouragement, promotion and presentation of the arts for the benefit of the public. See Maine Revised Statutes Title 28-A Sec. 2
  • Person: means an individual, partnership, corporation, firm, association or other legal entity. 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
  • sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
  • Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. 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. Fee.

    [PL 2021, c. 658, §167 (RP).]

    3. Type of event. An off-premises catering license authorizes the licensee to sell the type or types of liquor specified in subsection 3?A only at:
    A. Public events or public gatherings sponsored by a charitable, nonprofit organization or civic group; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
    B. Private events or private gatherings sponsored by an individual person, organization or association of persons. [PL 1987, c. 45, Pt. A, §4 (NEW).]

    [PL 2021, c. 658, §167 (AMD).]

    3-A. Type of liquor. An off-premises catering licensee may sell at an event described in subsection 3 only the type or types of liquor that the licensee is authorized to sell pursuant to the licensee’s underlying club, Class A restaurant, Class A restaurant/lounge, Class A lounge, hotel, bed and breakfast, golf course, auditorium, civic auditorium or performing arts center license.

    [PL 2023, c. 285, §3 (AMD).]

    4. Application. The licensee must apply for an off-premises catering license by filing a written application with the bureau at least 24 hours before the event or gathering. The application must include the following:
    A. Title and purpose of the event; [PL 1987, c. 45, Pt. A, §4 (NEW).]
    B. Date, time and duration; [PL 1987, c. 45, Pt. A, §4 (NEW).]
    C. Location; [PL 1987, c. 45, Pt. A, §4 (NEW).]
    D. Approximate number of persons to be accommodated; [PL 1987, c. 45, Pt. A, §4 (NEW).]
    E. Name and address of the sponsoring person, organization or association; [PL 2021, c. 658, §167 (AMD).]
    F. If food is to be served, the name and address of the food caterer, if other than the licensee; and [PL 2021, c. 658, §167 (AMD).]
    G. Approval by the municipal officers, or a municipal official designated by the municipal officers, of the municipality in which the proposed additional licensed premises are located, which, notwithstanding section 653, may be granted without public notice. The bureau shall accept approval required under this paragraph in electronic form submitted by the applicant or directly by the municipality to the bureau. [PL 2017, c. 260, §1 (AMD).]

    [PL 2021, c. 658, §167 (AMD).]

    5. Ruling on application. Upon receipt of the application, the bureau may immediately approve or deny the application. The bureau shall advise the applicant that the license and the off-premises sales license may be revoked and suspended under chapter 33.

    [PL 2021, c. 658, §167 (AMD).]

    6. Local option questions. The bureau may not grant approval for the sale of liquor at events to be held in areas where the voters have voted in the negative concerning the pertinent local option questions.

    [PL 1997, c. 373, §85 (AMD).]

    SECTION HISTORY

    PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§76-78 (AMD). PL 1993, c. 260, §1 (AMD). PL 1993, c. 730, §40 (AMD). PL 1997, c. 373, §§84,85 (AMD). PL 1999, c. 236, §3 (AMD). PL 2005, c. 539, §8 (AMD). PL 2017, c. 260, §1 (AMD). PL 2021, c. 76, §2 (AMD). PL 2021, c. 658, §167 (AMD). PL 2023, c. 285, §§2, 3 (AMD).
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