Noah Vinter
The legal drinking age in Maine is 21, and the state has strict laws regarding the sale and consumption of alcohol. The Maine Department of Public Safety, through the Maine State Police's Liquor and Licensing Division, is responsible for licensing the manufacture, importation, storage, transportation, and sale of liquor. The state offers various types of liquor licenses, including beer and wine licenses, full liquor licenses, on-sale licenses, and off-sale licenses, each with specific legal boundaries and costs ranging from $1500 to $5000. Obtaining a license can take anywhere from 40 days to six months, and businesses must comply with local alcohol laws, including age verification procedures to prevent serving minors.
| Characteristics | Values |
|---|---|
| Legal age to purchase and consume alcohol | 21 |
| Age to be carded | 30 or younger |
| Minors allowed to consume alcohol | In the presence of parents at home |
| Minors allowed to transport liquor | For employment, or at the request of a parent, guardian, or custodian |
| On-premise licenses | Bars, restaurants, hotels, etc. |
| Off-sale licenses | Agency liquor stores |
| BAC limit | .08% |
| Drinking alcohol in a motor vehicle | Prohibited |
| Open containers of alcohol in a motor vehicle | Prohibited |
| Exceptions to open containers of alcohol in a motor vehicle | Vehicles without trunks if the container is placed in an area not occupied by the driver or passenger, or behind the last upright seat; vehicles for hire (except taxicabs); living quarters of a mobile home, trailer, semitrailer, or truck camper; and vehicles operated by a licensed caterer transporting alcohol to or from an event |
| Public drinking | Prohibited within 200 feet of a legible notice |
| Liquor advertising | Allowed to display alcohol content since 2014 |
| Liquor license cost | $1500 - $5000 |
| Types of liquor licenses | Beer and wine, full liquor, on-sale, off-sale |
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What You'll Learn
Maine's legal drinking age and underage drinking laws
In Maine, the legal drinking age is 21. This law was instituted in 1987. Maine has strict laws against underage drinking, and the state's alcohol laws regulate the sale and possession of alcohol. The Maine Bureau of Alcoholic Beverages and Lottery Operations (BABLO) is responsible for regulating the business practices of the alcohol industry and prohibiting sales to minors. Retailers are permitted to seize false IDs, and there is no allowance for youth purchases for law enforcement purposes.
The serving of alcohol in the State of Maine is supervised by the State Liquor and Lottery Commission, which consists of five members appointed by the Governor of Maine and confirmed by the Maine Legislature. The Commission meets monthly to provide public oversight and review the performance and operational activities of BABLO.
Maine has a Blood Alcohol Content (BAC) limit of .08% for drunk driving. However, a person may be charged with Operating Under the Influence (OUI) with any BAC above .00%, especially if there is other evidence of impairment. Teenage drivers are not permitted to have any alcohol in their system, and Maine has an implied consent law, meaning that refusing to submit to a breathalyzer test is interpreted as failing the test. Drinking alcohol in a motor vehicle is prohibited, as is carrying open containers of alcohol.
Practices designed to encourage excessive drinking, such as drinking games and awarding drinks as prizes, are prohibited. Liquor and public intoxication are not permitted in Maine state parks, and public consumption is also prohibited in Acadia National Park by federal law. Establishments selling liquor may not be within 300 feet of an existing school or church unless a public hearing is held or the establishment is in a downtown area. Liquor may be sold from mobile carts on golf courses.
To obtain a license to sell alcohol in Maine, businesses must apply through the BELLS portal or contact the Division of Liquor Licensing and Enforcement. For on-premise licenses (bars, restaurants, hotels, etc.), applications must be approved by the municipality where the business will be located (or the county for unorganized townships).
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Liquor license types and zoning restrictions
Liquor licenses in Maine are categorized based on the type of business and alcohol distribution. The type of license you need depends on the type of alcohol you plan to serve and how you will serve it. There are several different types of licenses, each with specific legal boundaries.
Firstly, there is the Beer and Wine License, which allows you to serve beer and wine but excludes spirits. This is often easier to obtain and less expensive. Then there is the Full Liquor License, which grants permission to sell beer, wine, and spirits. The cost of a liquor license in Maine can range from $1,500 to $5,000, with fees varying based on business type, location, and local demand factors.
Other common types of liquor licenses include the Retail Liquor License, required for selling alcohol to consumers for off-premises consumption (liquor stores, grocery stores); the Restaurant Liquor License, which allows restaurants to serve alcohol with food purchases; the Bar or Tavern License, for establishments primarily serving alcohol; the Brewery, Winery, or Distillery License, for businesses producing alcoholic beverages; and the Catering or Special Event License, which is a temporary permit for alcohol service at events.
In addition to the type of license, zoning restrictions may limit alcohol sales in certain areas. Some cities use quota systems to cap the number of available licenses, so you may need to wait for a license to become available or purchase one from an existing business. Dry zones or neighborhoods may also have restrictions on alcohol sales.
To get a liquor license in Maine, applications are submitted through the state's liquor control board or the Bureau of Alcoholic Beverages and Lottery Operations' online portal, the BELLS portal. For On-Premise Licenses (Bars, Restaurants, Hotels, etc.), your application must be approved by the municipality where your business will be located (or the county for unorganized townships).
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On-premise licenses for bars, restaurants, hotels, etc
To obtain an on-premise liquor license in Maine for bars, restaurants, hotels, and similar establishments, you must follow several steps and meet specific requirements. Firstly, you need to submit an application through the BELLS (Bureau of Alcoholic Beverages and Lottery Operations) portal or contact the Division of Liquor Licensing and Enforcement for assistance. Your application will be forwarded to the municipality or county where your business is located, and you may have additional steps to complete with your municipal office.
One important requirement is obtaining approval from the local municipality or county. If your business is in an unorganized township, you must pay a $10 county application fee, which will be indicated through the BELLS system. In some cases, a public hearing may be mandated by the municipality or county. If a hearing is required, you must cover the cost of advertising it, and notices must be published in a local or weekly newspaper for three consecutive days before the hearing.
After submitting your application and payment, the Division will initiate the review process, which includes an inspection of your premises by an official from the Division. During this inspection, they will review designated areas for liquor sales and consumption, verify other required licenses for your business type, and assess the necessary equipment for your license category. The Division is committed to supporting licensees in maintaining compliance and maximizing operational success.
In addition to the on-premise liquor license, there are several other permits and licenses that you may need to obtain for your business in Maine. These include a business license or business tax certificate, a food service license or employee health permit (often referred to as ServSafe or a Maine Food Handler Card), and a certificate of occupancy, among others. Each of these licenses serves a specific purpose, such as helping your business stay compliant with tax regulations, ensuring food safety, and meeting occupancy requirements.
It is important to note that the timeframes for obtaining licenses can vary, sometimes taking weeks or even months. Therefore, it is advisable to start the process as early as possible to avoid delays in opening your business. The cost of a liquor license in Maine typically ranges from $1500 to $5000, and licenses need to be renewed annually with the payment of a renewal fee to avoid expiration.
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The liquor license application process and approval times
The liquor license application process in Maine involves several steps and requirements. The first step is to visit the BELLS (Bureau of Alcoholic Beverages and Lottery Operations) portal or contact the Division of Liquor Licensing and Enforcement for assistance. For on-premise licenses, such as bars, restaurants, and hotels, applicants must obtain approval from the municipality where the business will be located or the county for unorganized townships. The application is then forwarded to the municipality or county, and additional steps may be required, such as public hearings. In such cases, the applicant must cover the cost of advertising the hearing in a local or weekly newspaper for three consecutive days. While municipal or county approval is not mandatory, a $10 county application fee is required for businesses in unorganized townships.
Once the application and payment are submitted through BELLS, the Division of Liquor Licensing and Enforcement will initiate the review process. This includes a background check of the applicant, an inspection of the proposed premises, verification of designated areas for liquor sales and consumption, and ensuring compliance with other license and equipment requirements. After approval, licensees must strictly adhere to local alcohol laws, including age verification procedures to prevent sales to minors.
The cost of a liquor license in Maine varies depending on factors such as the type of license, the size of the establishment, and its location. While fees in some cities may be a few hundred dollars, they can reach several thousand dollars in other areas. There may also be annual renewal fees, and in jurisdictions with a quota system, purchasing an existing license from a current license holder may be necessary if no new licenses are available. This can significantly impact the overall cost, especially in high-demand areas.
Approval times for liquor licenses in Maine typically range from 30 to 120 days. However, if issues arise during the process, such as premises not being ready, fee or document omissions or mistakes, liens against the business, or location-based concerns, the timeline can extend up to 175 days or longer. To avoid delays, applicants should ensure the submission of all required documents, including additional forms like fingerprinting cards or personal history statements, and be proactive in addressing any potential issues.
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Alcohol sales regulations and restrictions
The State of Maine has a unique and tightly controlled alcohol market, with strict regulations and restrictions on the sale and possession of alcohol. The State's alcohol industry features a robust production landscape with over 50 distilleries, 25 wineries, and 150 breweries.
Maine is an alcoholic beverage control state, with the Bureau of Alcoholic Beverages and Lottery Operations (BABLO) overseeing all aspects of alcohol regulation. BABLO is responsible for regulating the business practices of the alcohol industry, creating a favourable economic climate for the industry, and prohibiting sales to minors. The State maintains control over wholesale supply and pricing of spirits while allowing private retail operations through licensed businesses.
Alcohol sales are permitted between 5 a.m. and 1 a.m. the next calendar day, with an exception on New Year's Day, when sales are allowed until 2 a.m. Alcohol may be consumed in licensed establishments until 1:15 a.m., or 2:15 a.m. on New Year's Day.
There are various types of licenses and approvals required for different aspects of the alcohol industry in Maine. For instance, a Small Distillery License allows the production of up to 50,000 gallons of spirits per year and requires a $10 filing fee and a $100 license fee. All out-of-state manufacturers and wholesalers of malt liquor must obtain a Certificate of Approval from BABLO before shipping any beer into Maine for sale or distribution.
Municipalities in Maine may prohibit the sale of alcohol within their jurisdiction, and establishments selling liquor must not be within 300 feet of an existing school or church unless a public hearing is held or the establishment is in a downtown area. Liquor can be sold from mobile carts on golf courses.
The legal drinking age in Maine is 21, and the state requires carding for anyone who appears to be 30 years of age or younger. Minors may consume alcohol at home in the presence of their parents and may transport liquor due to employment or at the request of a parent or guardian. The legal Blood Alcohol Content (BAC) limit for drunk driving is .08%, and a person may be charged with Operating Under the Influence (OUI) with any BAC above .00%, especially if there is other evidence of impairment. Enhanced penalties apply to drivers who refuse to cooperate with chemical testing, including mandatory suspension of their driver's license.
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