Sec. 1. 28-A MRSA §1013 is enacted to read:

§1013.__Class XII licenses

1.__Types of liquor that may be sold.__A Class XII licensee may sell wine and malt liquor to be consumed off the premises where sold.

2.__Fees.__The fee for a Class XII license is as follows:

A.__Full-time, one year, $220.

3.__Eligible premises.__The following premises are eligible to obtain a Class XII license:

A.__Class A restaurants that hold a Class I, Class III or Class IV license and that offer food to be consumed off the premises where sold; and

B.__Restaurants that hold a Class III or Class IV license and that offer food to be consumed off the premises where sold.

Sec. 2. 28-A MRSA §1051, sub-§3, as amended by PL 1999, c. 236, §2, is further amended to read:

3. Liquor not to be consumed elsewhere. Except as provided in paragraphs A and, B and C, no a licensee for the sale of liquor to be consumed on the premises where sold may not personally or by an agent or employee, sell, give, furnish or deliver any liquor to be consumed elsewhere than upon the licensed premises. The service and consumption of liquor must be limited to areas that are clearly defined and approved in the application process by the bureau as appropriate for the consumption of liquor. Outside areas must be controlled by barriers and by signs prohibiting consumption beyond the barriers.

A. Subject to law and the rules of the bureau, hotel or bed and breakfast licensees may sell liquor in the original packages or by the drink to bona fide registered room guests. Any sale to a guest may be delivered to the guest's room only by a hotel or bed and breakfast employee.

B. A licensee may serve liquor at locations other than the licensed premises under the off-premise catering license issued under section 1052.