HOULTON, Maine — Shoppers looking to grab a bottle of wine or six-pack of beer this past Sunday were shocked and confused to learn they could not do so.
All three grocery stores in the Shiretown had signs posted on their doors and coolers stating they were not allowed to sell beer or wine that day. Hard liquor, such as vodka and rum, however, could still be purchased.
This change in policy came about after a recent investigation by the state’s Bureau of Alcoholic Beverages agency, which directed the businesses to cease Sunday sales of beer and wine.
Tim Poulin, deputy director for the state’s Department of Administration and Financial Services/Bureau of Alcoholic Beverages and Lottery Operations, said his department was asked to investigate following a complaint filed by a local convenience store.
Prior to 2013, liquor enforcement fell under the jurisdiction of the Maine State Police, Poulin said.
“Two years ago, we brought liquor licensing enforcement under BABLO’s (Bureau of Alcoholic Beverages and Lottery Operations) responsibility,” Poulin said. “We were creating legislation to make that happen and were closely monitoring all things relative to the spirits business.”
Confusion on the interpretation of the law stems from a change made by the Maine Legislature in 2013, which amended Title 28-A, Section 353 of Maine’s liquor law. That amendment removed the word “liquor” and replaced it with “spirits.”
The law now reads: “Agency liquor stores may be open for the sale and delivery of spirits and fortified wine between the hours of 6 a.m. and 1 a.m. (the following day) in municipalities and unincorporated places that have voted in favor of the operation of agency liquor stores under local option provisions. Notwithstanding, any local option decisions to the contrary, agency liquor stores may be open from 9 a.m. Sunday to 1 a.m. the next day.”
Liquor by the state’s definition means spirits, wine, malt liquor (beer) or hard cider or any substance containing liquor intended for human consumption that contains more than half of 1 percent of alcohol by volume.
Spirits by the state’s definition is only for hard liquors, such as vodka, rum, whiskey, bourbon, scotch and tequila.
That one word change now means, at least for the time being, Houlton is back to being a partially “dry town” on Sundays.
“About 10 years ago we found out that ‘agency liquor stores’ could legally sell beer, wine and liquor on Sundays in Houlton, because the state’s law superceded the local ordinance at state agency stores only,” explained Jody Moulton, manager of Hannaford’s in Houlton. “This is why for quite some time we, and the other stores that sell hard liquor, have been able to sell beer and wine on Sundays, but other stores that did not have liquor could not.”
All three grocery stores — County Yankee, Hannaford and Andy’s IGA — are designated as state agency stores in Houlton. They received a written notice from the state on April 8 that they were not permitted to sell beer and wine on Sundays starting this past Sunday. They are, however, permitted to sell spirits.
Houlton Town Manager Butch Asselin explained there was no town ordinance banning the sale of alcohol, but it was an existing local option that prevents the sale of beer and wine on Sunday.
For decades, Houlton was known as a “dry town” meaning there were no Sunday alcohol sales of any kind. In 1993, a town referendum was held to see if voters wished to allow Sunday sales of beer and wine. That vote failed 699 in favor, 874 opposed.
The ruling also affected restaurants, until a 2004 referendum allowed beer and wine to be consumed in those establishments on Sunday. That vote passed 1,552 in favor, 1,220 opposed, according to Town Clerk Cathy O’Leary.
Houlton Police Chief Joe McKenna said Monday afternoon that he was first approached by a local convenience store owner who wanted to know why the grocery stores were allowed to sell beer and wine on Sundays when the law states they cannot. McKenna directed the individual to the state’s liquor enforcement agency, which prompted the investigation into the sales.
The only way Houlton can change this policy, Asselin said, was for another town referendum to take place.
In order for that to happen, a five-member petition committee must be formed and a minimum of 315 signatures of registered voters in Houlton would need to be obtained. The matter would then go to a town wide referendum.
“It’s quite a process,” Asselin said. “What that means is this situation is not going to be resolved anytime soon. It is definitely going to hurt the stores.”
As of Monday evening, no individuals had come forward expressing a desire to start the petition process, Asselin added. The signatures must also be submitted 45 days prior the referendum. What that means is, in all likelihood, that Houlton will have to wait until the November elections.
Voters go to the polls for the RSU 29 budget in early June, but there may not be enough time to meet the 45-day requirement, Asselin noted.
While it may hurt the Houlton stores, it could be a boon for stores in communities where Sunday sales are allowed, such as New Limerick. Doug Cameron, owner of Cameron’s Market in New Limerick, said he saw a slight increase in sales on Sunday.
He is optimistic sales will go up further in the coming weeks as more people become aware of the change.
Houlton storeowners are hoping a more permanent solution will take place.
“The bottom line is that all stores in Houlton should be able to sell on Sunday, as not doing so only sends business out of town on the weekends,” Moulton said. “This needs to change, and hopefully it will in November.”
