BIDDEFORD — Many enjoy having a meal and an alcoholic beverage outdoors in the warm summer months. Until recently, only restaurants that had their own outdoor space could offer such fare. But thanks to a bill sponsored by a state senator from Biddeford, this summer, eating establishments that don’t have their own space may could offer food and alcohol at nearby public space.

Biddeford will likely be one of the first communities taking advantage of the new state law that allows serving alcohol on non-contiguous spaces from May 1 to Oct. 31. City Council gave initial approval to an ordinance on April 17 to allow city restaurants to serve alcohol on sidewalks and in parking areas that aren’t directly next to their building. A final vote on the measure is scheduled for May 1.

“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 the bill’s sponsor, Democratic Senator Susan Deschambault, in a press release. “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.

With the passage of LD 1738, “state law allows you to go over public land to other public land” to serve alcoholic beverages to diners, City Manager James Bennett said.

Normally such measures first go before the city’s Policy Committee, Bennett said. However, in order for the law to be put in place this summer, it went directly to the council. 

He said the measure that has already received initial approval would be a pilot program and can go to the Policy Committee after the fact. At that time, sections of the implementation of the ordinance that did or didn’t work could be discussed.

“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,” according to Deschambault’s press release. “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.”

“I think it’s a great opportunity for downtown business to expand during the summer months,” City Councilor Victoria Foley said on April 17 when the council discussed the issue.

The state law will take effect 90 days after the end of the state legislative session, which occurred early Thursday morning. Biddeford’s ordinance could be implemented after that.

— Associate Editor Dina Mendros can be contacted at 282-1535, ext. 324, or [email protected].