2011 Maine Revised Statutes
TITLE 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 17: STATE LIQUOR STORES
28-A §402. Notice on locating state liquor stores

Part 2: STATE AND AGENCY LIQUOR STORES

§402. Notice on locating state liquor stores

1. Notice. At least 30 days before designating the location or relocation of a state liquor store, the commission shall give written notice of the designation to the municipal officers of:

A. The municipality in which the store is presently located; and [1987, c. 45, Pt. A, §4 (NEW).]

B. The municipality in which it is proposed to locate or relocate the store. [1987, c. 45, Pt. A, §4 (NEW).]

[ 1987, c. 45, Pt. A, §4 (NEW) .]

2. Hearing. If requested by the municipal officers, the alcohol bureau and the commission shall hold a public hearing in the affected municipality at least 10 days before designating that location or relocation.

[ 1997, c. 373, §43 (AMD) .]

3. Findings. The commission shall designate the location of a state liquor store in writing and shall include findings of fact supporting the designation.

[ 1987, c. 45, Pt. A, §4 (NEW) .]

4. Notice to lessor to terminate or not renew. If the alcohol bureau intends to terminate or not renew a lease or contract for occupancy of a building for a state liquor store, it shall give written notice of that intention to the lessor of the building. Notice must be given:

A. Within the time limits required by the lease or contract for the lessor to notify the alcohol bureau of the lessor's intention to terminate or not renew; or [1997, c. 373, §43 (AMD).]

B. At least 30 days before the termination or nonrenewal if there is no lease or contract provision establishing the time period for the lessor to notify the alcohol bureau. [1997, c. 373, §43 (AMD).]

[ 1997, c. 373, §43 (AMD) .]

5. Exception for certain leases. If the alcohol bureau's occupancy of a state liquor store location is terminated under a lease or contract in a manner that prevents compliance with subsection 1 or 3, the alcohol bureau shall immediately notify the municipal officers of that termination. If requested by the municipal officers, the alcohol bureau and the commission shall hold a hearing within a reasonable time before designating a new location.

[ 1997, c. 373, §43 (AMD) .]

6. Notice to Legislature of closure.

[ 1991, c. 528, Pt. RRR, (AFF); 1991, c. 528, Pt. Z, §3 (RP); 1991, c. 591, Pt. Z, §3 (RP) .]

SECTION HISTORY

1987, c. 45, §A4 (NEW). 1991, c. 528, §RRR (AFF). 1991, c. 528, §Z3 (AMD). 1991, c. 591, §Z3 (AMD). 1997, c. 373, §43 (AMD).