Page 1 - 131LR0882(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
_____
S.P. 101 - L.D. 201
An Act to Make Permanent the Ability of Certain Retailers and Distilleries to
Sell Liquor for Off-premises Consumption and Cocktails for On-premises
Consumption
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
created a public health emergency and prompted subsequent public health measures, which
resulted in economic hardship and insecurity for restaurants, bars, tasting rooms, distilleries
and small distilleries; and
Whereas, in response to the economic hardship facing restaurants, bars, tasting
rooms, distilleries and small distilleries, the Legislature enacted Public Law 2021, chapter
3, which temporarily allowed on-premises retailers to sell liquor to customers through take-
out and delivery service if the liquor was accompanied by a food order; Public Law 2021,
chapter 91, which temporarily allowed distilleries or small distilleries to sell for on-
premises consumption cocktails containing samples of distilleries' spirits products; and
Public Law 2021, chapter 514, which extended the time in which these activities may take
place; and
Whereas, the lingering effects of the public health emergency and subsequent public
health measures continue to impact the economic health of Maine restaurants, bars, tasting
rooms, distilleries and small distilleries; and
Whereas,
rooms, distilleries and small distilleries face economic uncertainty and inhibited
innovation; and
Whereas,
a technical correction to a statutory cross-reference within the definition of "food order" in
the requirement for providing liquor to customers through take-out and delivery service;
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
APPROVED
APRIL 24, 2023
BY GOVERNOR
CHAPTER
34
PUBLIC LAW Page 2 - 131LR0882(03)
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 §1056, sub-§1, ¶C, as enacted by PL 2021, c. 3, §1, is
amended to read:
C. "Food order" means an order of a full course meal as defined in section 2, subsection
15, paragraph R‑1 11-E or an order of a cold or hot meal including but not limited to a
sandwich, salad, hamburger, cheeseburger, hot dog, pizza or other food item that
customarily appears on a restaurant menu. "Food order" does not include an order
consisting solely of a prepackaged snack food or foods such as popcorn, chips or
pretzels.
Sec. 2. 28-A MRSA §1056, sub-§2, ¶C, as enacted by PL 2021, c. 3, §1, is
amended by amending subparagraph (1) to read:
(1) If the qualified on-premises retailer is licensed under this chapter to sell wine
for on-premises consumption, it may sell wine for off-premises consumption only
in an approved container, in an original container or as an ingredient in an approved
cocktail. An approved cocktail sold by a qualified on-premises retailer under this
subparagraph may not contain spirits unless the qualified on-premises retailer is
also licensed to sell spirits for on-premises consumption under this chapter.
Sec. 3. 28-A MRSA §1056, sub-§2, ¶C, as enacted by PL 2021, c. 3, §1, is
amended by amending subparagraph (2) to read:
(2) If the qualified on-premises retailer is licensed under this chapter to sell malt
liquor for on-premises consumption, it may sell malt liquor for off-premises
consumption only in an approved container or an original container.
Sec. 4. 28-A MRSA §1056, sub-§3, as amended by PL 2021, c. 514, §1, is
repealed.
Sec. 5. 28-A MRSA §1355-A, sub-§5, ¶F-1, as amended by PL 2021, c. 514, §2,
is further amended by repealing the first blocked paragraph.
Emergency clause.
takes effect when approved.