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Maine Updates Ownership Disclosure Requirements

On August 9, 2024, the new Public Law 2023, ch. 633 (L.D. 2069) from Maine’s Bureau of Alcoholic Beverages and Lottery Operations (BABLO) formally went into effect, bringing an end to the previous burdensome “entire ownership” disclosure requirement that disrupted the industry in 2023.

This legislation establishes new ownership disclosure requirement related to alcohol licensing in Maine. It amends Sec. 1. 28-A MRSA § 651 to require the disclosure of any person holding an ownership interest of 10% or more in the license or certificate holder in the state of Maine. Additionally, if a business meets this threshold of ownership in the licensee, that business must also disclose any individual or entity which holds 10% or more in said business; if no one meets this threshold, the license holder may submit an affidavit which attests that no individual or entity holds such ownership interest in the licensee or applicant.

The new legislation also requires in Sec. 2. 28-A MRSA § 651 that the licensee or applicant disclose any individual or entity holding indirect financial interest in the license holder, with “indirect financial interest” including (a) an option or right to acquire equity interest in the licensee or (b) a right to payment of or based upon all or any portion of revenues, profits, or losses from the operation of the licensee.

In connection with the implementation of these new disclosure requirements, BABLO has issued a new Supplemental Ownership Form for convenience of industry members to identify the information required from the necessary stakeholders. With many licenses operating on temporary extensions for the last year as BABLO updated these requirements, industry members are now working diligently to complete the necessary documents for renewal of their existing licenses.

McDermott’s alcohol team is ready to guide you through the new requirements. For questions or assistance with Maine’s disclosure requirements, please contact Alva Mather or the alcohol team.




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Maine Disclosure Requirements Burden Industry Members

Over the summer, Maine’s Bureau of Alcoholic Beverages & Lottery Operations issued clarification of its ownership disclosure requirements for new applicants and existing license or certificate holders. We understand the significant impact this has on industry members and have summarized the updated guidance below.

Like most states, Maine has a long history of requesting the ownership information for the licensed entity. Maine law 28-A M.R.S. § 651(2)(A) states that an application must contain the entire ownership or any interest in the person or establishment for which a license or certificate of approval is sought. Historically, Maine has issued licenses with disclosure of the applicant and its parent company so long as these entities or individuals met the eligibility requirements discussed in 28-A M.R.S. § 601.

However, Maine’s new enforcement of §651 now focuses on the “entire” ownership structure; it requires disclosure of every level of ownership until the entity identifies everyone with ownership interest in the business or until a public entity is listed. This requirement applies to all applicants and licensees, including holders of a certificate of approval.

This level of ownership disclosure is rare in this heavily regulated industry. It is a burden on current license or certificate holders entering their renewal period as well as on new applicants looking to begin business in the state.

McDermott’s alcohol team is working closely with the state to navigate this new requirement and to discuss legislative changes to best support both industry members and regulators while ensuring our clients are able to continue operations with license extensions. For questions or assistance with Maine’s disclosure requirements, please contact Alva Mather or the alcohol team.




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