Maine Revised Statutes Title 28-A Sec. 453-D – Change of location
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The bureau shall permit the relocation of an agency liquor store within the same municipality as prescribed by this section. [PL 2011, c. 135, §1 (NEW).]
1. Relocation application requirements. The bureau shall permit a change of location of an agency liquor store licensee if:
A. The licensee submits an application in a form prescribed by the bureau; [PL 2017, c. 167, §7 (AMD).]
B. The application includes proof of receipt of municipal approval of the relocation; [PL 2011, c. 135, §1 (NEW).]
C. The licensee has held the license and operated as an agency liquor store for no less than one year at the currently licensed location, unless the relocation is directly related to retroactive zoning or unintentional destruction of the property that prevents rebuilding at the current location; [PL 2017, c. 167, §7 (AMD).]
D. The proposed location of the agency liquor store meets all applicable criteria for licensure for an agency liquor store; and [PL 2017, c. 167, §7 (AMD).]
E. The application includes proof of notification, in the form of a certified mail receipt, that all agency liquor stores in the same municipality as the licensee’s proposed relocation site were notified of the proposed relocation before receiving approval under paragraph B. [PL 2017, c. 167, §7 (NEW).]
[PL 2017, c. 167, §7 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 453-D
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. 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
- 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
- Municipality: means a city, town or plantation. 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. Hearing on relocation application.
[PL 2017, c. 167, §8 (RP).]
3. Agency liquor store input. The bureau shall establish a process by which an agency liquor store in the same municipality as the licensee’s proposed relocation may declare support of or objections to a proposed relocation. The bureau shall consider the declarations when considering approval of the relocation application. The process required by this subsection must be established by rule. The bureau shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2?A to implement this subsection.
[RR 2017, c. 2, §11 (COR).]
SECTION HISTORY
PL 2011, c. 135, §1 (NEW). PL 2017, c. 167, §§7-9 (AMD). RR 2017, c. 2, §11 (COR).