Bill Summary – FastDemocracy

                                                                 LAW WITHOUT
                                                                  GOVERNOR'S               CHAPTER
                                                                  SIGNATURE
                                                                                                319
                                                                  JUNE 15, 2025           PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-FIVE
                                          _____
                                  H.P. 954 - L.D. 1462
             An Act to Promote Artisans and the Creative Economy
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 30-A MRSA §3015 is enacted to read:
§3015. Regulation of vending of expressive matter
     1. Expressive matter defined. For the purposes of this section, "expressive matter"
means materials or objects created by a vendor with expressive content, including written
material, such as newspapers, books or writings, and including visual art, such as paintings,
prints, photography or sculpture. "Expressive matter" includes the activity of performance
artists whether or not the artist seeks a monetary donation. "Expressive matter" does not
include materials or objects that are essentially commercial in content, any expression that
is related solely to the economic interests of the speaker and its audience and expression
that does no more than propose a commercial transaction.
    2. Municipal ordinances; permissible restrictions. A municipality may not adopt
or enforce any ordinance or regulation that prohibits the vending of expressive matter,
except that a municipality may adopt restrictions regulating the time, place and manner of
the vending of expressive matter if the restrictions are:
    A. Directly related to health, safety or welfare concerns;
    B. Necessary to ensure the public's use and enjoyment of natural resources and
    recreational opportunities;
    C. Necessary to prevent an undue concentration of commercial activity that
    unreasonably interferes with the scenic and natural character of a park owned or
    operated by the municipality;
    D. Limitations on hours of operation that are not unduly restrictive;
    E. Necessary to maintain sanitary conditions; or
    F. Necessary to ensure compliance with the federal Americans with Disabilities Act of
    1990 and other disability access standards.
   3. Existing ordinance or regulation. This section may not be construed to require a
municipality to adopt a new ordinance or regulation pertaining to the vending of expressive
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matter if the municipality has an existing ordinance or regulation that substantially
complies with the requirements in this section.
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