An Act To Clarify Alcohol Enforcement
Maine Legislature, Session 123, LD 1643
Committee: Legal and Veterans Affairs
Sponsors: CAIN
Amends: 28-A MRSA §163

Legislative Document 
No. 1643 
H.P. 1152 
House of Representatives, March 22, 2007 
An Act To Clarify Alcohol Enforcement 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CAIN of Orono . 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 28-A MRSA §163, sub-§4, as enacted by PL 1993, c. 266, §5, is amended 
to read: 
4. Minors prohibited at B.Y.O.B. function. The B.Y.O.B. sponsor may not allow 
any minor not employed by the B.Y.O.B. sponsor or not accompanied by a parent, legal 
guardian or custodian, as defined in Title 22, section 4002, to remain at the premises of a 
B.Y.O.B. function. 
A B.Y.O.B. sponsor may employ a minor only if the sponsor is present in a supervisory 
capacity. 
A noncompensated student who is a minor engaged in an activity for the 
educational institution where the student attends school or for an officially sanctioned 
organization of that educational institution may perform that activitv at a B.Y.O.B. 
function if the student is clearly identified as performing an activity allowed under this 
subsection and only while the student is performing the activity. 
Sec. 2. 28-A MRSA §163, sub-§4-A is enacted to read: 
4-A. Educational institutions. 
A permittee that is an educational institution IS 
exempt from subsection 4, if an adult accompanying the minor has express permission by 
the permittee under this section and the adult signs a written statement identifying the 
minor and the minor's parent, legal guardian or custodian, accepting responsibility for the 
minor and acknowledging the adult has read the provisions of chapter 81 and Title 17-A, 
section 554. A written statement required by this subsection must contain the provisions 
of chapter 81 and Title 17-A, section 554 in clear and legible print. 
An adult who 
accompanies a minor to a B.Y.O.B. function under this subsection is guilty of 
endangering the welfare of a child under Title 17-A, section 554 if the minor consumes 
drugs or alcohol while under the adult's responsibility at the B.Y.O.B. function. 
SUMMARY 
This bill allows a minor into a B.y'O.B. function at an educational institution if 
accompanied by an adult who is not the minor's parent, legal guardian or custodian if the 
adult receives permission from the B.Y.O.B. permittee and in writing identifies the minor 
and the minor's parent, legal guardian or custodian, accepts responsibility for the minor 
and acknowledges reading the laws concerning prohibitions of minors using alcohol and 
concerning endangering the welfare of a child, which must be printed on the written 
statement. This bill also allows a student performing an official function for the student's 
school or for an organization officially sanctioned by the school to be present at a 
B.Y.O.B. function if the student is clearly identified as performing an official function 
and only while the student is performing the function. Finally, this bill makes an adult 
who accompanies a minor to a B.Y.O.B. event liable for the crime of endangering the 
welfare of a child if the minor consumes drugs or alcohol at the event. 
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