Bill Summary – FastDemocracy

                                                                 APPROVED                 CHAPTER
                                                                  JUNE 9, 2025                 189
                                                                BY GOVERNOR              PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                          _____
                                  S.P. 635 - L.D. 1551
 An Act to Support Maine Eating and Drinking Establishments by Allowing
  Vendors to Operate on the Premises of an Establishment with a Liquor
                                 License
   Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, this legislation is a way to support Maine's hospitality sector and businesses
that cater to tourists, and the tourism season is crucial for the State's economy and public
well-being; and
    Whereas, the tourism season, which brings millions of visitors and significant
revenue to the State, relies on a regulated and enjoyable environment, including accessible
and responsible alcohol sales; and
     Whereas, for these reasons, this legislation needs to take effect before the expiration
of the 90-day period; and
    Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 28-A MRSA §1051-A is enacted to read:
§1051-A. Vendor operation on premises of host licensee
    1. Definitions. For purposes of this section, unless the context otherwise indicates,
the following terms have the following meanings.
    A. "Host licensee" means an establishment licensed under this chapter to sell liquor
    for consumption on the premises and licensed by the Department of Health and Human
    Services or the Department of Agriculture, Conservation and Forestry to prepare, serve,
    sell or offer for sale food that uses the services of a licensed vendor or unlicensed
    vendor.
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   B. "Licensed vendor" means a person that holds a license issued by the Department of
   Health and Human Services or the Department of Agriculture, Conservation and
   Forestry to prepare, serve, sell or offer for sale food.
   C. "Unlicensed vendor" means a person that does not hold a license issued by the
   Department of Health and Human Services or the Department of Agriculture,
   Conservation and Forestry to prepare, serve, sell or offer for sale food.
   D. "Vendor" means a licensed vendor or unlicensed vendor.
    2. Conditions. A vendor may operate on the premises of a host licensee under the
following conditions.
   A. If an unlicensed vendor prepares, serves, sells or offers for sale any food on the
   premises of a host licensee, the host licensee is responsible for ensuring that the
   preparation, serving, selling or offering for sale of food complies with applicable food,
   health and safety rules.
   B. If a licensed vendor prepares, serves, sells or offers for sale food, the licensed
   vendor is responsible for ensuring that its operations comply with food, health and
   safety rules applicable to the license to prepare, serve, sell or offer for sale food as
   issued by the Department of Health and Human Services or the Department of
   Agriculture, Conservation and Forestry.
   C. A vendor may serve alcoholic beverages on the premises of the host licensee only
   if those beverages are supplied exclusively by the host licensee and the host licensee
   or an employee of the host licensee who is authorized to serve liquor is present.
   D. A vendor employee may serve alcohol only if the employee is authorized to serve
   liquor and the vendor employee has provided to the host licensee an affidavit stating
   that the vendor employee has not been convicted of a first offense of violating section
   2078 or section 2081, subsection 1, paragraph A or B within 2 years of the date of the
   affidavit nor convicted of a second offense of violating section 2078 or section 2081,
   subsection 1, paragraph A or B within 5 years of the date of the affidavit. The affidavit
   must be executed prior to the vendor operating on the premises of a host licensee. The
   bureau shall develop the affidavit form required by this paragraph and provide a copy
   of the affidavit to vendors.
   E. A vendor employee who serves alcohol on the premises of the host licensee is
   considered a server of the host licensee for purposes of the Maine Liquor Liability Act.
   F. The host licensee must maintain for a period of at least one year a written record of
   all operations involving vendors, including the name and contact information of the
   vendor, menus offered by the vendor and the dates and times of operation.
   G. The vendor is responsible for collecting and remitting all applicable state and federal
   sales taxes on food and beverage sales conducted during its operations on the premises
   of the host licensee.
   H. A host licensee is liable for any violation of the liquor laws or any rule adopted by
   the bureau committed by a vendor on the premises of the host licensee and is subject
   to any fine imposed for a violation. The license of the host licensee may be revoked
   or suspended and may be subject to the revocation or suspension of any other licenses
   that the host licensee holds.
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    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
                                 Page 3 - 132LR1467(03)
