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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 27. APPLICATION PROCEDURE (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §651. Applications
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 27: APPLICATION PROCEDURE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§651. Applications
1. File application with bureau. An applicant for a liquor license shall file an application in the form required by the bureau.
[1997, c. 373, §60 (amd).]
2. Contents of application. The application must contain the following.
A. Each applicant shall disclose the entire ownership or any interest in the establishment for which a license is sought.
If the applicant is a purchaser by contract, the applicant shall also disclose the terms of the contract.
[1997, c. 373, §61 (amd).]
B. Every applicant for a license for sale of liquor to be consumed on the premises where sold shall include in the application
a description of the premises to be licensed and provide any other material information, description or plan of that part
of the premises where the applicant proposes to keep or sell liquor as the bureau requires.
[1997, c. 373, §61 (amd).]
C. The owner or the bona fide prospective purchaser must sign the application. If the owner or bona fide prospective purchaser
is:
(1) A natural person, then that person must sign;
(2) A partnership, then the partners of the partnership must sign; or
(3) A corporation, then a principal officer of the corporation or any person specifically authorized by the corporation must
sign.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §61 (amd).]
3. False answer given intentionally. Any person who intentionally gives an untruthful answer in an application for a liquor license violates Title 17-A, section
453.
[1987, c. 342, §30 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§30
(AMD).
PL 1997,
Ch. 373,
§60,61
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §652. Application procedure
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 27: APPLICATION PROCEDURE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§652. Application procedure
1. License fee. The applicant must enclose the fee prescribed by chapter 41 with the application for the license.
[1987, c. 45, Pt. A, §4 (new).]
2. Effective date and term of license. All full-year licenses are effective for one year from the date of issuance. All part-time licenses are effective for the
term of the license from the date of issuance.
[1987, c. 45, Pt. A, §4 (new).]
3. Renewal. Licenses may be renewed upon application for renewal and payment of the annual fee, subject to bureau rules.
[1997, c. 373, §62 (amd).]
4. Multiple licenses. Any licensee applying for a license to operate more than one premise shall pay the fee prescribed for the type of license
to be exercised at each premise.
[1987, c. 45, Pt. A, §4 (new).]
5. Filing fee. Except as provided in paragraph A, every applicant for an original or renewal license shall pay a filing fee of $10 when
filing the application.
A. In unincorporated places, the applicant shall pay the filing fee of $10 to the county treasurer of the county in which the
unincorporated place is located. All applications for a license in unincorporated places must be accompanied by evidence
of payment of the filing fee to the county treasurer.
[1987, c. 769, Pt. A, §114 (amd).]
[1987, c. 769, Pt. A, §114 (amd).]
6. Public service license. One public service license is sufficient to cover all steamboats, cars and aircraft operated by any one public service corporation.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§31
(AMD).
PL 1987,
Ch. 769,
§A114
(AMD).
PL 1997,
Ch. 373,
§62
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §653. Hearings; bureau review; appeal
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 27: APPLICATION PROCEDURE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§653. Hearings; bureau review; appeal
1. Hearings. The municipal officers or, in the case of unincorporated places, the county commissioners of the county in which the unincorporated
place is located, may hold a public hearing for the consideration of applications for new on-premises licenses and applications
for transfer of location of existing on-premises licenses. The municipal officers or county commissioners may hold a public
hearing for the consideration of requests for renewal of licenses, except that when an applicant has held a license for the
prior 5 years and a complaint has not been filed against the applicant within that time, the applicant may request a waiver
of the hearing.
A. The bureau shall prepare and supply application forms.
[1993, c. 730, §27 (amd).]
B. The municipal officers or the county commissioners, as the case may be, shall provide public notice of any hearing held
under this section by causing a notice, at the applicant's prepaid expense, stating the name and place of hearing, to appear
on at least 3 consecutive days before the date of hearing in a daily newspaper having general circulation in the municipality
where the premises are located or one week before the date of the hearing in a weekly newspaper having general circulation
in the municipality where the premises are located.
[1995, c. 140, §4 (amd).]
C. If the municipal officers or the county commissioners, as the case may be, fail to take final action on an application for
a new on-premises license or transfer of the location of an existing on-premises license within 60 days of the filing of an
application, the application is deemed approved and ready for action by the bureau. For purposes of this paragraph, the date
of filing of the application is the date the application is received by the municipal officers or county commissioners. This
paragraph applies to all applications pending before municipal officers or county commissioners as of the effective date of
this paragraph as well as all applications filed on or after the effective date of this paragraph. This paragraph applies
to an existing on-premises license that has been extended pending renewal. The municipal officers or the county commissioners
shall take final action on an on-premises license that has been extended pending renewal within 120 days of the filing of
the application.
[2003, c. 213, §1 (amd).]
D. If an application is approved by the municipal officers or the county commissioners but the bureau finds, after inspection
of the premises and the records of the applicant, that the applicant does not qualify for the class of license applied for,
the bureau shall notify the applicant of that fact in writing. The bureau shall give the applicant 30 days to file an amended
application for the appropriate class of license, accompanied by any additional license fee, with the municipal officers or
county commissioners, as the case may be. If the applicant fails to file an amended application within 30 days, the original
application must be denied by the bureau. The bureau shall notify the applicant in writing of its decision to deny the application
including the reasons for the denial and the rights of appeal of the applicant.
[1995, c. 140, §5 (new).]
[2003, c. 213, §1 (amd).]
2. Findings. In granting or denying an application, the municipal officers or the county commissioners shall indicate the reasons for
their decision and provide a copy to the applicant. A license may be denied on one or more of the following grounds:
A. Conviction of the applicant of any Class A, Class B or Class C crime;
[1987, c. 45, Pt. A, §4 (new).]
B. Noncompliance of the licensed premises or its use with any local zoning ordinance or other land use ordinance not directly
related to liquor control;
[1987, c. 45, Pt. A, §4 (new).]
C. Conditions of record such as waste disposal violations, health or safety violations or repeated parking or traffic violations
on or in the vicinity of the licensed premises and caused by persons patronizing or employed by the licensed premises or other
such conditions caused by persons patronizing or employed by the licensed premises that unreasonably disturb, interfere with
or affect the ability of persons or businesses residing or located in the vicinity of the licensed premises to use their property
in a reasonable manner;
[1993, c. 730, §27 (amd).]
D. Repeated incidents of record of breaches of the peace, disorderly conduct, vandalism or other violations of law on or in
the vicinity of the licensed premises and caused by persons patronizing or employed by the licensed premises;
[1989, c. 592, §3 (amd).]
E. A violation of any provision of this Title; and
[1989, c. 592, §3 (amd).]
F. A determination by the municipal officers or county commissioners that the purpose of the application is to circumvent the
provisions of section 601.
[1989, c. 592, §4 (new).]
[1993, c. 730, §27 (amd).]
3. Appeal to bureau. Any applicant aggrieved by the decision of the municipal officers or county commissioners under this section may appeal
to the bureau within 15 days of the receipt of the written decision of the municipal officers or county commissioners. The
bureau shall hold a public hearing in the city, town or unincorporated place where the premises are situated. In acting on
such an appeal, the bureau may consider all licensure requirements and findings referred to in subsection 2.
A.
[1993, c. 730, §27 (rp).]
B. If the decision appealed from is an application denial, the bureau may issue the license only if it finds by clear and convincing
evidence that the decision was without justifiable cause.
[1993, c. 730, §27 (amd).]
[1995, c. 140, §6 (amd).]
4. No license to person who moved to obtain a license.
[1987, c. 342, §32 (rp).]
5. Appeal to District Court. Any person or governmental entity aggrieved by a bureau decision under this section may appeal the decision to the District
Court within 30 days of receipt of the written decision of the bureau.
An applicant who files an appeal or who has an appeal pending shall pay the annual license fee the applicant would otherwise
pay. Upon resolution of the appeal, if an applicant's license renewal is denied, the bureau shall refund the applicant the
prorated amount of the unused license fee.
[1995, c. 140, §7 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§32
(AMD).
PL 1987,
Ch. 623,
§8
(AMD).
PL 1989,
Ch. 592,
§3,4
(AMD).
PL 1993,
Ch. 730,
§27
(AMD).
PL 1995,
Ch. 10,
§1
(AMD).
PL 1995,
Ch. 140,
§4-7
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 1999,
Ch. 589,
§1
(AMD).
PL 2001,
Ch. 500,
§1
(AMD).
PL 2003,
Ch. 213,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §654. Additional considerations for licensure
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 27: APPLICATION PROCEDURE (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§654. Additional considerations for licensure
1. Character; location; operation of business. In issuing or renewing licenses, the bureau, the municipal officers or the county commissioners, as the case may be, shall
give consideration to:
A. The character of any applicant;
[1987, c. 45, Pt. A, §4 (new).]
B. The location of the place of business;
[1987, c. 45, Pt. A, §4 (new).]
C. The manner in which the business has been operated; and
[1997, c. 373, §63 (amd).]
D. Whether the operation has endangered the safety of persons in or on areas surrounding the place of business.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §63 (amd).]
2. Qualifications of corporations. The bureau, the municipal officers or the county commissioners, as the case may be, may refuse to issue licenses to corporations
when any of its officers, directors or stockholders do not possess the qualifications required of unincorporated persons under
this section.
[1997, c. 373, §63 (amd).]
3. Areas primarily for minors. Without limitation of its other powers, the bureau may not approve as a proper place for the exercise of the license privilege
amusement areas primarily for minors, beaches or any other area designed primarily for use by minors.
[1997, c. 373, §63 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§63
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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