28-A §453. Location of agency stores - Maine Statutes

Title 28-A: LIQUORS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

Part 2: STATE AND AGENCY LIQUOR STORES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

Chapter 19: AGENCY LIQUOR STORES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)

§453. Location of agency stores

1. Location requirements. The bureau may license an agency liquor store only when the following requirements are met.

A. The proposed agency liquor store is located in a municipality or unincorporated place that has voted in favor of the operation of state liquor stores under local option provisions. [1997, c. 373, §46 (AMD).]

B. [1993, c. 380, §1 (RP); 1993, c. 380, §7 (AFF).]

C. [2001, c. 711, §2 (RP).]

D. [2001, c. 711, §2 (RP).]

[ 2001, c. 711, §2 (AMD) .]

2. Replacement of state or agency liquor stores.

[ 2001, c. 711, §2 (RP) .]

2-A. Limitation on number of agency liquor stores. Beginning July 1, 2009, the bureau may license up to 8 agency liquor stores in a municipality with a population over 20,000 ; up to 5 agency liquor stores in a municipality with a population of at least 10,001 but less than 20,001; up to 4 agency liquor stores in a municipality with a population of at least 5,001 but less than 10,001; and up to 3 agency liquor stores in a municipality with a population of at least 2,000 but less than 5,001. In addition, the bureau may establish one agency liquor store in a municipality where the population is less than 2,000. The bureau may consider the impact of seasonal population or tourism and other related information provided by the municipality requesting an additional agency liquor store location.

A. [2001, c. 711, §2 (RP).]

B. [2003, c. 20, Pt. SS, §1 (RP); 2003, c. 20, Pt. SS, §8 (AFF).]

Nothing in this subsection may be construed to reduce the number of agency stores the bureau may license in a municipality as of June 30, 2009.

[ 2009, c. 213, Pt. JJJJ, §1 (AMD) .]

2-B. Requirement of at least one replacement agency liquor store before closing. A state liquor store may not be closed unless at least one replacement agency liquor store with a federal wholesale registration and licensed as a reselling agent has been licensed within 10 miles of the state liquor store being closed or unless the director of the bureau determines that reasonable alternative access is available to persons who previously purchased spirits from the state liquor store being closed.

[ 2003, c. 20, Pt. SS, §2 (NEW); 2003, c. 20, Pt. SS, §8 (AFF) .]

2-C. Licenses issued on or after July 1, 2009. Beginning July 1, 2009, the bureau shall consider whether the applicant can satisfy the following criteria when determining whether to issue an agency liquor store license under this section:

A. The applicant has held a license to sell malt liquor and wine for off-premises consumption for more than one year immediately preceding application without a violation of any provision of this Title; [2009, c. 213, Pt. JJJJ, §2 (NEW).]

B. The applicant will be able to stock at least $10,000 worth of spirits purchased from the State or the State's wholesale distributor upon issuance of an agency liquor store license; and [2009, c. 213, Pt. JJJJ, §2 (NEW).]

C. The applicant can purchase the initial stock of spirits using a bank check or other financial instrument that certifies that funds are available. [2009, c. 213, Pt. JJJJ, §2 (NEW).]

[ 2009, c. 213, Pt. JJJJ, §2 (NEW) .]

3. Measurement of distances.

[ 1993, c. 380, §5 (RP); 1993, c. 380, §7 (AFF) .]

4. Procedure for selection of agency liquor store location.

[ 1991, c. 622, Pt. K, §4 (RP) .]

5. Aggrieved applicants.

[ 1991, c. 622, Pt. K, §5 (RP) .]

SECTION HISTORY

1987, c. 45, §A4 (NEW). 1987, c. 342, §22 (AMD). 1989, c. 502, §§B26-28 (AMD). 1991, c. 528, §E34 (AMD). 1991, c. 528, §RRR (AFF). 1991, c. 591, §E34 (AMD). 1991, c. 622, §§K3-5 (AMD). 1993, c. 380, §§1-5 (AMD). 1993, c. 380, §7 (AFF). 1997, c. 373, §46 (AMD). 2001, c. 711, §2 (AMD). 2003, c. 20, §§SS1,2 (AMD). 2003, c. 20, §SS8 (AFF). 2009, c. 213, Pt. JJJJ, §§1, 2 (AMD).