APPROVED CHAPTER
MARCH 17, 2021 7
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 132 - L.D. 306
An Act To Temporarily Waive Certain Requirements for Relicensing for
Restaurants That Serve Liquor
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the spread of the novel coronavirus disease referred to as COVID-19 has
created a public health emergency; and
Whereas, in response to this public health emergency, the Governor issued an
executive order on March 18, 2020 requiring all restaurants to close their dine-in facilities;
and
Whereas, although restaurants across the State were permitted to reopen for dine-in
service by June 17, 2020, they were required to limit indoor seating capacity and, beginning
November 20, 2020, were additionally required to close their dine-in facilities by 9:00 p.m.
nightly to prevent spread of the virus; and
Whereas, the combined effects of the public health emergency and subsequent public
health measures have negatively impacted the ability of restaurants to satisfy certain criteria
for maintenance of their licenses to sell liquor for on-premises consumption under current
law; 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. One-time waiver of requirements for food sales for license renewal.
Notwithstanding any provision of the law to the contrary, an applicant for renewal of an
on-premises retail license issued by the Department of Administrative and Financial
Services, Bureau of Alcoholic Beverages and Lottery Operations under the Maine Revised
Statutes, Title 28-A is not required to demonstrate that it has satisfied any applicable
requirement under Title 28-A, chapter 43 for income from the sale of food during the
previous year if the license to be renewed expires, prior to the granting of any extension
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under section 2, during the period beginning on January 1, 2021 and ending on January 1,
2022. The bureau must grant any license renewal denied between January 1, 2021 and the
effective date of this Act if the sole reason for the denial was the licensee's failure to
demonstrate compliance with any applicable requirement under Title 28-A, chapter 43 for
income from the sale of food.
Sec. 2. One-time extension of on-premises retail licenses. Notwithstanding
any provision of law to the contrary, the Department of Administrative and Financial
Services, Bureau of Alcoholic Beverages and Lottery Operations, upon receipt of an
application for renewal of an on-premises retail license issued under the Maine Revised
Statutes, Title 28-A that expires during the period beginning on the effective date of this
Act and ending one year after that date, shall grant a 90-day extension of the license if the
license to be renewed was active during the entire period beginning March 18, 2020 and
ending June 16, 2020.
Sec. 3. Retroactivity. This Act applies retroactively to January 1, 2021.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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