28-A §1201. Issuance of licenses; stock of merchandise
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 2: RETAIL LICENSES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
§1201. Issuance of licenses; stock of merchandise
1. Licenses for sale of malt liquor and table wine. The bureau may issue licenses under this section for the sale and distribution of malt liquor or wine to off-premise retail licensees, as defined in section 2, subsection 27, paragraph A.
[ 1997, c. 373, §105 (AMD) .]
2. Ineligible as licensee. The bureau may not issue a license for the sale of malt liquor or wine to any person who is not engaged in a bona fide retail business other than the sale of malt liquor or wine at retail.
[ 1997, c. 373, §105 (AMD) .]
3. Cannot sell liquor to be consumed on the premises. Except as provided in section 1207, a person licensed under this section may not sell malt liquor or wine to be consumed on the premises.
[ 2009, c. 438, §3 (AMD) .]
3-A. Sale of liquor for off-premise consumption to retailer prohibited. A person licensed under this section, or an agent or employee of the person, may not knowingly sell liquor to another retailer licensed under this section for resale except as provided in section 606 and the rules adopted pursuant to section 82.
[ 1997, c. 373, §106 (AMD) .]
4. Licenses in unincorporated places where no local option vote is taken. Licenses in an unincorporated place, where no local option vote is taken under chapter 5, must be approved by the county commissioners of the county.
[ 1987, c. 45, Pt. A, §4 (NEW) .]
5. Qualifications. The bureau may not issue any licenses for new premises unless:
A. The premises have been in operation for a period of at least 3 months immediately before the date of the application; or [1997, c. 373, §107 (AMD).]
B. The applicant proves to the satisfaction of the bureau that all proper standards and requirements of laws and rules of the bureau have been met and that the applicant is a resident of the State. [1997, c. 373, §107 (AMD).]
[ 1997, c. 373, §107 (AMD) .]
6. Stock of groceries or compatible merchandise required. All off-premise retail licensees must have and maintain:
A. An adequate stock of groceries fit for human consumption of at least $1,000 wholesale value; [1987, c. 342, §103 (RPR).]
B. A stock of merchandise reasonably compatible with a stock of malt liquor or wine of at least $1,000 wholesale value; or [1987, c. 342, §103 (RPR).]
C. A combination of both groceries fit for human consumption and compatible merchandise of at least $1,000 wholesale value. [1987, c. 342, §103 (RPR).]
[ 1987, c. 342, §103 (RPR) .]
7. Compatible merchandise. Each licensee shall display the groceries or compatible merchandise, or both, in the general sales area of the licensed premises, except that foodstuffs and other consumable products used in the preparation of food and cut flowers and potted flowers are not required to be displayed if they are stored elsewhere on the premises. Compatible merchandise:
A. Includes:
(1) Tobacco products;
(2) Newspapers;
(3) Greeting cards;
(4) Paper products;
(5) Cut flowers and potted flowers;
(5-A) Glasses, stemware, china and devices designed to open containers of wine and beer;
(6) A stock of foodstuffs and other consumable products used on the premises in the preparation of food for consumption on or off the premises; and
(7) Other items equally compatible with a stock of malt liquor or wine; and [2005, c. 193, §1 (AMD).]
B. Does not include:
(1) Gasoline and oil;
(2) Used or new cars, parts or accessories; or
(3) Other items of stock that may be equally incompatible in nature. [1987, c. 342, §104 (RPR).]
[ 2005, c. 193, §1 (AMD) .]
SECTION HISTORY
1987, c. 45, §A4 (NEW). 1987, c. 342, §§102-104 (AMD). 1993, c. 266, §21 (AMD). 1997, c. 373, §§105-107 (AMD). 2005, c. 193, §1 (AMD). 2009, c. 438, §3 (AMD).