APPROVED CHAPTER
APRIL 21, 2022 658
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
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S.P. 528 - L.D. 1643
An Act To Correct Errors, Inconsistencies and Conflicts in and To Revise the
State's Liquor Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17 MRSA §2003-A, as amended by PL 2001, c. 139, §1, is further amended
by amending the section headnote to read:
§2003-A. Definitions Public drinking
Sec. 2. 28-A MRSA §1, as enacted by PL 1987, c. 45, Pt. A, §4, is amended to read:
§1. Compliance required; penalty
Any Except as otherwise provided by law, a person who that purchases, imports, causes
to be imported, transports, causes to be transported, manufactures, possesses or, sells or
offers for sale alcohol in violation of law commits a Class E crime.
Sec. 3. 28-A MRSA §2, sub-§1, as amended by PL 2005, c. 539, §1, is further
amended to read:
1. Agency liquor store. "Agency liquor store" means a person who that is licensed
by the bureau to sell spirits, wine and malt liquor to be consumed off the premises.
Sec. 4. 28-A MRSA §2, sub-§2-C is enacted to read:
2-C. Bed and breakfast guest. "Bed and breakfast guest" means a person whose
name and address are registered on a registry maintained by a bed and breakfast and who
is the bona fide occupant of a room of the bed and breakfast.
Sec. 5. 28-A MRSA §2, sub-§2-D is enacted to read:
2-D. Bottle, the verb. The verb "bottle" means to package spirits, wine or malt liquor
for sale in containers.
Sec. 6. 28-A MRSA §2, sub-§4, as enacted by PL 1987, c. 45, Pt. A, §4, is amended
to read:
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 4. Bottler. "Bottler" means a person who that packages spirits, wine or beer malt
liquor for sale in containers, and is not engaged in distilling, brewing, fermenting or
rectifying liquor.
Sec. 7. 28-A MRSA §2, sub-§5, as enacted by PL 1987, c. 45, Pt. A, §4, is amended
to read:
5. Brewer Brewery. "Brewer Brewery" means a person who produces malt liquor by
fermentation of malt, wholly or partially, or from any substitute for malt. that engages in
the activities under either paragraph A or B, or both:
A. Producing malt liquor by fermentation of malt, wholly or partially, or any substitute
for malt; or
B. Producing or bottling low-alcohol spirits products consisting of malt liquor to which
spirits have been added.
Sec. 8. 28-A MRSA §2, sub-§6-C is enacted to read:
6-C. Business entity. "Business entity" means a partnership, corporation, firm,
association or other legal entity.
Sec. 9. 28-A MRSA §2, sub-§7, as enacted by PL 1987, c. 45, Pt. A, §4, is amended
to read:
7. Catering. "Catering" means service of liquor with or without food by a person to
groups at a prearranged function.
A. "Off-premise Off-premises catering" means service of liquor with or without food
by a licensee to groups at prearranged functions located at a place other than the
licensee's premises.
B. "On-premise On-premises catering" means service of liquor with or without food
by a licensed club having the catering privilege to groups of nonmembers at
prearranged functions.
Sec. 10. 28-A MRSA §2, sub-§9-B is enacted to read:
9-B. Club member. "Club member" means a person who, whether as a charter
member or admitted in accordance with the bylaws of the club, is a bona fide member of
that club and who maintains membership in good standing by payment of dues in a bona
fide manner in accordance with bylaws and whose name and address are entered on the list
of members. A person who does not have full club privileges may not be considered a bona
fide member.
Sec. 11. 28-A MRSA §2, sub-§10-B is enacted to read:
10-B. Dining car or passenger car. "Dining car" or "passenger car" means a railroad
car in which food and liquor are served.
Sec. 12. 28-A MRSA §2, sub-§11, as enacted by PL 1987, c. 45, Pt. A, §4, is
repealed and the following enacted in its place:
11. Distillery. "Distillery" means a person that engages in the activities under either
paragraph A or B, or both:
A. Producing spirits by the process of distillation; or
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 B. Producing low-alcohol spirits products.
Sec. 13. 28-A MRSA §2, sub-§11-E is enacted to read:
11-E. Full meal. "Full meal" means a meal consisting of a diversified selection of
food that ordinarily cannot be consumed without the use of tableware and that cannot be
conveniently consumed while standing or walking.
Sec. 14. 28-A MRSA §2, sub-§12-B is enacted to read:
12-B. Hotel guest. "Hotel guest" means a person whose name and address are
registered on a registry maintained by a hotel and who is the bona fide occupant of a room
of the hotel.
Sec. 15. 28-A MRSA §2, sub-§12-C is enacted to read:
12-C. International air terminal. "International air terminal" means a terminal in an
airport served by one or more bona fide international airlines.
Sec. 16. 28-A MRSA §2, sub-§12-D is enacted to read:
12-D. International passenger in transit. "International passenger in transit" means
an airline passenger who is in transit and whose point of origin or point of destination is a
foreign country.
Sec. 17. 28-A MRSA §2, sub-§15, as amended by PL 2019, c. 281, §§2 and 3, is
further amended to read:
15. Licensed establishment. "Licensed establishment" means premises to which a
license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed
premises applies, and any person or organization which that is licensed to sell spirits, wine
or malt liquor in during the times, and in the places and manners as specified in the license.
The following may be licensed establishments.
A. "Airline corporation" means any a person operating regularly scheduled intrastate
or interstate passenger air transportation.
B. "Auditorium" means any a commercially operated indoor or outdoor facility
designed or used for the gathering of an audience for speeches and live performances
of theater, music, dance or other performing arts that charges a fee and has adequate
facilities for the sale and consumption of liquor.
B-1. "Bowling center" means an indoor facility operating that operates at least 8
regulation lanes for the purpose of conducting the game of bowling which, that is open
to the general public and which that has suitable adequate facilities for the sale and
consumption of liquor.
B-2. "Bed and breakfast" means a place that advertises itself as a bed and breakfast
where the public for a fee may obtain overnight accommodations that include a
sleeping room or rooms and at least one meal per day.
C. "Civic auditorium" means a municipal, county or state or a quasi-municipal, quasi-
county or quasi-state owned or operated auditorium or civic center.
D. "Club" means any reputable a group of individuals incorporated and operating in a
bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature
and not for pecuniary gain.
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 (1) "Club member" means a person who, whether as a charter member or admitted
in accordance with the bylaws of the club, has become a bona fide member of that
club and who maintains membership in good standing by payment of dues in a
bona fide manner in accordance with bylaws and whose name and address is
entered on the list of members. No person who does not have full club privileges
may be considered a bona fide member.
D-1. "Curling club center" means any a facility offering that offers curling facilities to
the public for a fee, that offers food for sale to the public and that has adequate facilities
for the sale and consumption of liquor.
D-2. "Common consumption area" means an area designated as a common area within
an entertainment district in which customers of more than one common consumption
area licensee are permitted to consume spirits, wine and malt liquor sold by the
common consumption area licensees.
E. "Dining car" and "passenger car" mean cars in which food and liquor are served.
F-1. "Disc golf course" means any a commercially operated facility offering that offers
disc golfing facilities to the general public for a fee, that offers food for sale to the
public and that has adequate facilities for the sale and consumption of liquor. A disc
golf course consists of must have no less fewer than 18 disc golfing holes with a total
distance of no less than 5,000 feet per 18 disc golfing holes and has must have a value
of not less than $50,000.
G. "Golf course" means a commercially operated facility, whether publicly or privately
owned, offering that offers golfing facilities to the general public for a fee, including a
regulation size regulation-size golf course of not less no fewer than 9 holes and an
average total of not less than 1,200 yards per 9 holes, that has a value of not less than
$100,000, that offers food for sale to the public and that has adequate facilities for the
sale and consumption of liquor.
H. "Hotel" means any reputable a place operated by responsible persons of good
reputation, where the public obtains sleeping accommodations for a consideration and
where meals may be served food is offered for sale to the public, whether or not under
one roof. Nothing in this paragraph may be held to prevent the bureau from issuing a
part-time license to a bona fide part-time hotel.
(1) A hotel is considered to be serving meals when it provides on the premises one
or more public dining rooms, open and serving food during the morning, afternoon
and evening, and a separate kitchen in which food is regularly prepared for the
public.
(2) Nothing in this paragraph may be held to prevent the bureau from issuing part-
time licenses to bona fide part-time hotels.
(3) "Hotel guest" means a person whose name and address is registered on the
registry maintained by the hotel and who is the bona fide occupant of a room of
the hotel. A person registering solely for the purpose of obtaining liquor is not
considered a hotel guest.
I. "Incorporated civic organization" means any an organization incorporated as a
corporation without stock under Title 13, chapter 81 or Title 13-B with a civic or
charitable purpose, including but not limited to relief of poverty, advancement of
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education and the arts, promotion of social health, safety and welfare, fostering
community and economic development, protection against animal cruelty, combating
community deterioration, lessening the burdens of government and providing
assistance to the underprivileged and distressed.
J. "Indoor ice skating club center" means any a commercially operated indoor facility
offering that offers ice skating facilities to the general public, which charges for a fee,
that offers food for sale to the public and which that has adequate facilities for the sale
and consumption of liquor.
K. "Indoor racquet club center" means any a commercially operated indoor facility
with 4 or more courts or areas designed or used for the playing of any a racquet sport,
which that is open to the general public, which charges for a fee, that offers food for
sale to the public and which that has adequate facilities for the sale and consumption
of liquor. Racquet sports include tennis, squash, handball, paddleball, pickleball and
badminton.
K-1. "International air terminal" means an airport served by one or more bona fide
international air carriers.
L. "Class A lounge" means a reputable place operated by responsible persons of good
reputation, where food and liquor are sold at tables, booths and counters.
L-1. "Minibar" means a self-contained locking cabinet, refrigerated or unrefrigerated,
designed for storing, dispensing and selling liquor and related merchandise.
M. "Outdoor stadium" means any a commercially operated outdoor facility with 3,000
or more fixed seats that is designed or used for the playing of any a sport or for an
event, that is open to the general public, charges for a fee and that has adequate facilities
for the sale and consumption of wine and malt liquor.
N. "Performing arts center" means any a charitable or nonprofit corporation
incorporated as a corporation without capital stock under Title 13, chapter 81, and
which that has as its primary purpose the encouragement, promotion and presentation
of the arts for the benefit of the general public.
N-1. "Pool hall" means a pool hall or billiard room that contains at least 6 regulation
pool tables and generates at least 50% of its gross annual income from the sale of games
of pool or the rental of pool tables.
O. "Public service corporation" means an airline corporation, railroad corporation or
vessel corporation operating in the State.
P. "Qualified catering service" means a catering establishment as defined in Title 22,
chapter 562, and licensed by the Department of Health and Human Services.
P-1. "Railroad corporation" means a corporation operating one or more dining cars or
passenger cars within the State.
Q. "Restaurant" means a reputable place operated by responsible persons of good
reputation, which that is regularly used for the purpose of providing food for the public,
and which that has adequate and sanitary kitchen and dining room equipment and
capacity for preparing and serving suitable food for the public.
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 R. "Class A restaurant" means a reputable place operated by responsible persons of
good reputation that is regularly used for the purpose of providing full course meals
for the public on the premises, that is equipped with a separate and complete kitchen,
and that maintains adequate dining room equipment and capacity for preparing and
serving full course meals upon the premises. A Class A restaurant/lounge is not a Class
A restaurant.
(1) A full course meal consists of a diversified selection of food that ordinarily
cannot be consumed without the use of tableware and that cannot be conveniently
consumed while standing or walking.
R-1. "Class A restaurant/lounge" means a reputable place operated by responsible
persons of good reputation that is regularly used for the purpose of providing full
course meals for the public on the premises, that is equipped with a separate and
complete kitchen, and that maintains adequate dining room equipment and capacity for
preparing and serving full course meals upon the premises but that:
(1) After 9 p.m., serves liquor and does not serve full course meals; or
(2) Maintains a room or rooms, separate from the main restaurant space, in which
full course meals are not regularly served and where liquor is sold at tables, booths
and counters.
For purposes of this paragraph, the term "full course meals" means meals consisting of
a diversified selection of food that ordinarily can not be consumed without the use of
tableware and that can not be conveniently consumed while standing or walking.
S. "Ship chandler" means a retail establishment supplying provisions, including malt
liquor and wine, to ships of foreign registry.
T-1. "Tavern" means a reputable place operated by responsible persons where food
may be sold and malt liquor may be sold at tables, booths and counters.
V. "Vessel" means any ship, vessel or boat of any kind used for navigation of the
coastal water or for commercial navigation of inland waters and licensed for carrying
not less than 25 passengers under the requirements of the Public Utilities Commission
or the United States Coast Guard.
W. "Vessel corporation" means a corporation operating one or more vessels within the
State.
Sec. 18. 28-A MRSA §2, sub-§16-A, as amended by PL 2017, c. 301, §1, is further
amended to read:
16-A. Low-alcohol spirits product. "Low-alcohol spirits product" means a product
containing spirits that has an alcohol content of more than 1/2 of 1% of alcohol by volume
but no more than 8% or less of alcohol by volume. Beginning July 1, 2019, "low-alcohol
spirits product" does not mean a flavoring, such as an extract or concentrate, added to a
malt beverage or wine that:
A. May or may not contain alcohol;
B. Is not intended to be consumed alone as a beverage or a food product but serves as
a flavor enhancement to a beverage or a food product; and
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 C. Is not, prior to being added to a malt beverage or wine, subject to excise tax under
chapter 65.
Sec. 19. 28-A MRSA §2, sub-§18, as amended by PL 1987, c. 342, §10, is repealed
and the following enacted in its place:
18. Malt liquor. "Malt liquor" means liquor:
A. For which no less than 51% of the total alcohol by volume derives from the
fermentation of malt, one or more substitutes for malt or any combination of malt and
one or more substitutes for malt; and
B. For which no more than 49% of the total alcohol by volume derives from the
fermentation of flavors, other nonbeverage ingredients and adjuncts, including honey,
fruit, fruit juice, fruit concentrate, herbs, spices, maple syrup and other food materials.
"Malt liquor" does not include beverages made with malt liquor to which spirits have been
added.
Sec. 20. 28-A MRSA §2, sub-§19-A, as enacted by PL 2009, c. 458, §1, is
repealed.
Sec. 21. 28-A MRSA §2, sub-§23-A, as enacted by PL 1999, c. 760, §1, is
repealed.
Sec. 22. 28-A MRSA §2, sub-§25, as enacted by PL 1987, c. 45, Pt. A, §4, is
amended to read:
25. Rectifier. "Rect