PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Simplify the Licensing Process for Off-site Catering
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 28-A MRSA §1051, sub-§2, as amended by PL 2003, c. 493, §9 and affected by §14, is further amended to read:
 
2. Local approval of application for license.  TheExcept as provided in section 1052, the initial application for the license must first be approved under section 653 by the municipal officers of the municipality in which the applicant's premises are located or, if the premises are located in an unincorporated place, the application must be approved by the county commissioners of the county within which the unincorporated place is located.
Sec. 2. 28-A MRSA §1052, sub-§4, as amended by PL 2005, c. 539, §8, is further amended to read:
 
4. Application.   The licensee must apply for an off-premises catering license by filing a written application with the bureau at least 24 hours before the event or gathering. The application must include the following:
 
A. Title and purpose of the event;
 
B. Date, time and duration;
 
C. Location;
 
D. Approximate number of persons to be accommodated;
 
E. Name and address of sponsoring person, organization or association; and
 
F. If food is to be served, the name and address of the food caterer, if other than the licensee; and.
 
G.  Approval by the municipal officers, or a municipal official designated by the municipal officers, of the municipality in which the proposed additional licensed premises are located, which, notwithstanding section 653, may be granted without public notice.
 
SUMMARY
Current law requires that a Class A restaurant, Class A lounge, Class A restaurant/lounge, club licensed to sell liquor, hotel or bed and breakfast that wishes to acquire an off-premises catering license from the State also receive approval from the municipality in which the event is to occur, and a municipality may set its own fee for granting a permit. This bill eliminates the requirement that an applicant for an off-premises catering license from the State receive approval from the municipality.