| | | Emergency preamble. Whereas, Acts of the Legislature do not become | | effective until 90 days after adjournment unless enacted as | | emergencies; and |
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| | | Whereas, current law does not authorize municipalities and | | unincorporated places to require liquor liability insurance; and |
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| | | Whereas, municipalities may not revoke licenses to sell liquor | | due to lack of proof of liquor liability insurance; and |
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| | | Whereas, in the judgment of the Legislature, these facts create | | an emergency within the meaning of the Constitution of Maine and | | require the following legislation as immediately necessary for | | the preservation of the public peace, health and safety; now, | | therefore, |
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| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 28-A MRSA §1051, sub-§2-A is enacted to read: |
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| | | 2-A.__Liquor liability insurance required.__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 commissioners of the county within which the | | unincorporated place is located may make local approval for | | application for the license contingent upon proof of liquor | | liability insurance with minimum coverage of $50,000 effective | | for the duration of the license. |
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| | | A.__The liquor liability insurance policy must contain a | | provision that requires the insurer to notify the | | municipality or unincorporated place within 10 days, by | | first class mail, of any lapse or change of coverage of that | | policy. |
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| | | B.__The municipal officer or county commissioner shall | | notify the licensee within 5 days of notification of a lapse | | or change of coverage in the insurance policy indicating the | | automatic revocation of the establishment's liquor license. |
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| | | C.__The licensee shall respond to the municipal officer or | | county commissioner within 5 days of receiving notice of the | | license revocation. |
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| | | D.__If the licensee can show proof of a new policy or give | | good cause as to the reason for lapse or change of coverage, | | the municipality or unincorporated place may withdraw the | | license revocation. |
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