HOULTON, Maine — Local shoppers looking to grab a bottle of wine or six-pack of beer on Sunday were shocked and confused to learn they could not do so.
All three grocery stores in Houlton had signs posted on their doors and coolers stating they were not allowed to sell beer or wine that day. They could, however, still sell hard liquor, such as vodka and rum.
The action involved the interpretation of old local regulations and newer state laws governing the sale of alcohol and occurred after a local convenience store owner filed a complaint over the Sunday sales of beer and wine with the state’s Bureau of Alcoholic Beverages. The bureau investigated and ordered the three larger grocery stores, which also are agency liquor stores, to cease Sunday sales of beer and wine.
The confusion dates back to a litany of changes in the laws governing the enforcement of liquor laws in Maine in 2013.
Before then, liquor enforcement fell under the jurisdiction of the Maine State Police, according to Tim Poulin, deputy director for the state’s Department of Administration and Financial Services/Bureau of Alcoholic Beverages and Lottery Operations.
“Two years ago, we brought liquor licensing enforcement under [the Bureau of Alcoholic Beverages and Lottery Operations’] responsibility,” Poulin said.
In the process, however, according to Poulin, the law changes affected how the legal definitions of liquor — which includes beer and wine — and spirits — which is only hard liquors such as vodka, rum, whiskey and bourbon — apply to towns such as Houlton that have local ordinances governing the sale of alcohol in the town.
Now those local regulations pertaining to the sale of beer and wine apply, and at least for the time being, Houlton is back to being a partially “dry town” on Sundays.
For decades, Houlton was 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 referendum failed to pass by a vote of 874 to 699.
The ruling also affected restaurants, until a 2004 referendum that allowed beer and wine to be consumed in those establishments on Sunday. That vote passed 1,552 to 1,220, according to Town Clerk Cathy O’Leary.
“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out that ‘agency liquor stores’ could legally sell beer, wine and liquor on Sundays in Houlton, because the state’s law superseded the local ordinance at state agency stores only,” said Jody Moulton, manager of the Hannaford grocery in Houlton.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.”
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.
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 said the only way Houlton can change this policy is 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 said. The signatures also must be submitted 45 days before the referendum vote. What that means is that, in all likelihood, any referendum would 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, the situation could be a boon for stores in neighboring communities, such as New Limerick, where Sunday sales are allowed. 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 store owners are hoping to have the issue resolved as soon as possible.
“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.”