AUGUSTA — March 14 passed in Maine without a lot of fanfare, but it also marked the day that a bill proposed by State Sen. Susan Deschambault of Biddeford allowing businesses and restaurants to expand and sell alcohol to customers in non-contiguous spaces became law.

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,” grants citiers and towns across Maine the right to pass ordinances that allow restaurants to expand their capacity by adding serving sections that aren’t directly adjacent to the restaurant itself.

Deschambault, a Democrat who represents District 32 including Biddeford, Alfred, Arundel, Dayton, Kennebunkport and Lyman, introduced the bill last fall after she said that a constituent brought to her attention how restaurants are impacted in the warmer months because of an inability to serve alcohol to customers seated in outside spaces that are non-contiguous with 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,”  Deschambault said. “I’m glad this common-sense idea is now law, and I look forward to its implementation in the coming months.”

Previously, state law mandated that alcohol could not be carried by wait staff from the restaurant to tables in a non-contiguous space that is separated by public property. The new law permits this practice, should a municipality agree to allow it.

Deschambault said 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.

She said busy summer days make up for a 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.

“This legislation has significant economic implications for our communities and I am glad my colleagues in the Senate have joined me in support of this bill,” Deschambault said.

Under provisions of state regulations, non-emergency laws passed in the regular legislative session this year, such as Deschambault’s restaurant bill, will be effective law 90 days after the Maine Legislature adjourns.

After that date, the Bureau of Alcoholic Beverages and Lottery Operations will formally adopt rules about the implementation of the new law, and it’s at which point when municipalities can pass ordinances opting in to the new rules, should they choose to do so.

The 128th Maine Legislature is expected to adjourn April 18.

— Executive Editor Ed Pierce can be reached at 282-1535 ext. 326 or by email at editor@journaltribune.com.