Deschambault bill to boost restaurant industry becomes law

A bill by Sen. Susan Deschambault, D-Biddeford, to allow businesses to expand and sell alcohol to customers in non-contiguous spaces, became law on March 14.

The new law, LD 1738, “An Act To Permit the Sale and Consumption of Alcohol in an Area That Is Not Contiguous to Licensed Premises,” empowers municipalities to pass ordinances to allow restaurants to expand their capacity by adding serving sections that aren’t directly adjacent to the restaurant itself.

“This law will allow restaurants that want to expand to outdoor spaces that aren’t immediately attached to their indoor, brick-and-mortar space in Maine’s beautiful summer months to do so,” said Sen. Deschambault. “I’m glad this commonsense idea is now law, and I look forward to its implementation in the coming months.”

Under prior law, alcohol could not be carried by wait staff from the restaurant to tables in a non-contiguous space that is separated by public property. Sen. Deschambault’s new law permits this practice, should a municipality opt-in to allowing it.

Maine’s restaurant industry is heavily affected by seasonal demands, with many restaurants doing the bulk of their business during the busy summer, tourist season. Those busy days make up for the sometimes slower pace of restaurant traffic during snowy winter days. Outdoor spaces like patios help restaurants expand their footprint, bring in more customers, and hire more wait staff.

Non-emergency laws passed in the regular legislative session this year will be effective law 90 days after the Maine Legislature adjourns sine die. After that date, the Bureau of Alcoholic Beverages and Lottery Operations will write rules on the implementation of new law, at which point municipalities can pass ordinances opting in to the new rules, should they choose to do so. The Legislature is expected to adjourn on April 18.