Maine Revised Statutes Title 28-A Sec. 1076 – Qualified catering services
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1. Issuance of licenses. Notwithstanding any other provision of law, the bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises to qualified catering services as defined in section 2, subsection 15, paragraph P.
A. “Premises,” as used in this section, means the premises where the qualified catering service is selling and serving liquor, either its principal place of business or the premises where the event being catered is held. [PL 1987, c. 342, §97 (NEW).]
[PL 1993, c. 410, Pt. ZZ, §20 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1076
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Bureau: 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 Distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Licensee: 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. 2Municipal 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 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 Qualified catering service: means a catering establishment as defined in Title 22, chapter 562 and licensed by the Department of Health and Human Services. See Maine Revised Statutes Title 28-A Sec. 2 Small brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small distillery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Small winery: means a person that ferments and ages:
A. See Maine Revised Statutes Title 28-A Sec. 2Spirits: 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 Unincorporated place: means a place which is not incorporated as a municipality. 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 Winery: means a person that ferments and ages wine. See Maine Revised Statutes Title 28-A Sec. 2 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Compliance with local option decisions. The bureau may license only those qualified catering services whose principal places of business are located in municipalities that have previously voted affirmatively on questions pertaining to on-premises sales as provided in chapter 5 or whose principal places of business are located in unincorporated places in which on-premises sales are authorized as provided in chapter 5.
A. Every event catered by the qualified catering service must also be located in a municipality that has previously voted affirmatively on questions pertaining to on-premises sales as provided in chapter 5 or in an unincorporated place in which on-premises sales have been authorized as provided in chapter 5. [PL 2021, c. 658, §200 (AMD).]
[PL 2021, c. 658, §200 (AMD).]
3. Income from sale of food requirement.
[PL 2023, c. 44, §29 (RP).]
3-A. Income from sale of food requirement. At least 10% of the gross annual income must be from the sale of food for both year-round and part-time qualified catering services. For purposes of this section, “year-round” means operated for more than 6 months in a year.
[PL 2023, c. 44, §30 (NEW).]
4. Bureau to determine whether new applicant would probably meet sale of food requirement. The bureau may not issue an initial license to a qualified catering service unless it determines that the applicant would probably meet the requirement of subsection 3?A.
[PL 2023, c. 44, §31 (AMD).]
5. Proof of compliance with sale of food requirement for license renewal. The bureau may not renew a qualified catering service’s license unless the licensee furnishes the bureau with proof that the previous year’s business met the requirement of subsection 3?A. If the bureau determines that the licensee has not satisfied the requirement of subsection 3?A, it may renew the license for only one year, during which the licensee must meet the requirement of subsection 3?A to be eligible for further license renewal.
[PL 2023, c. 44, §32 (AMD).]
6. Income from vending machines not included.
[PL 2021, c. 658, §204 (RP).]
7. Provision of liquor at places other than principal place of business. Licensed qualified catering services that would like to provide the service of liquor at locations other than their principal places of business shall file an application with the bureau at least 24 hours in advance of any function or event at which liquor is to be sold or served. Application must be made on a form provided by the bureau and must contain the following:
A. Date, time and approximate duration; [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Location; [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Name and address of the person or persons, firm or corporation making arrangements; [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Approval by the municipal officers or a municipal official designated by the municipal officers of the municipality in which the catered function or event is to be held, which, notwithstanding the provisions of 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; and [PL 2017, c. 260, §2 (AMD).]
E. Any other information the bureau considers necessary. [PL 1993, c. 410, Pt. ZZ, §20 (AMD).]
[PL 2017, c. 260, §2 (AMD).]
8. Ruling on application. The bureau shall approve or deny the application to provide service of liquor at a location other than the principal place of business, and shall immediately notify the applicant of its decision.
[PL 1993, c. 410, Pt. ZZ, §20 (AMD).]
9. No additional fee. The bureau may not charge a fee for provision of the service of liquor at locations other than the principal place of business in addition to the license fee paid by the qualified catering service.
[PL 1993, c. 410, Pt. ZZ, §20 (AMD).]
10. Self-sponsored event permit. The bureau may issue a self-sponsored event permit to a qualified catering service in addition to a license issued in accordance with this section. A self-sponsored event permit authorizes the licensee to serve spirits, wine and malt liquor at an event sponsored by the licensee at the facility that is the licensee’s principal place of business as a qualified catering service. The permit allows for up to 100 self-sponsored events per year under the following conditions:
A. The licensee submits an application as prescribed by the bureau; [PL 2009, c. 530, §1 (NEW).]
B. The primary business of the licensee does not involve serving liquor on a day-to-day basis at self-sponsored events; [PL 2021, c. 658, §205 (AMD).]
C. The licensee notifies the bureau of a self-sponsored event a minimum of 3 business days prior to the event by first class mail, facsimile transmission, electronic mail or other method prescribed by the bureau; [PL 2009, c. 530, §1 (NEW).]
D. The licensee provides at a self-sponsored event a diverse selection of food, primarily prepared from a complete kitchen at the licensee’s facility and served at multiple food stations or a buffet service or passed by servers or served as a plated sit-down meal. The selection of food must include more than snack foods such as potato chips, crackers, pretzels or nuts, but snack foods may be used in the preparation of a meal or as an accompaniment to a prepared meal; [PL 2009, c. 530, §1 (NEW).]
E. If liquor is served later than 9:00 p.m. at a self-sponsored event and after the service of food described in paragraph D is complete, the licensee continues to offer food, which may be lighter than a buffet service or a sit-down meal, such as sandwiches and pizza; [PL 2009, c. 530, §1 (NEW).]
F. Self-sponsored events are public or private events requiring an admission fee for the service of food and beverages by the licensee that may include visual or participatory entertainment provided by the licensee in accordance with the laws and rules governing this Title; and [PL 2009, c. 530, §1 (NEW).]
G. Self-sponsored events do not exceed 7 hours. [PL 2009, c. 530, §1 (NEW).]
The license fee for a self-sponsored event permit is $700 annually. Renewal of a permit under this subsection must coincide with renewal of the license issued in accordance with this section.
[PL 2021, c. 658, §205 (AMD).]
11. Provision of liquor at wineries, small wineries, breweries, small breweries, distilleries or small distilleries. A qualified catering service may provide the service of liquor at a function or event on the premises of a winery, small winery, brewery, small brewery, distillery or small distillery licensed under section 1355?A as long as the qualified catering service complies with the provisions in subsection 7. A winery, small winery, brewery, small brewery, distillery or small distillery licensed under section 1355?A may host on the premises a function or event under this section up to 4 times in a 7-day period.
[PL 2023, c. 269, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§97-99 (AMD). PL 1987, c. 360 (AMD). PL 1993, c. 410, §ZZ20 (AMD). PL 2009, c. 530, §1 (AMD). PL 2017, c. 260, §2 (AMD). PL 2021, c. 658, §§200-205 (AMD). PL 2023, c. 44, §§29-32 (AMD). PL 2023, c. 269, §1 (AMD).