An Act to Decriminalize Public Drinking
Maine Legislature, Session 131, LD 1046
Committee: Criminal Justice and Public Safety
Sponsors: BEEBE-CENTER, SALISBURY, DUSON, GEIGER
Amends: 17 MRSA §2003-A, 17 MRSA §2005, 17-A MRSA §18, 28-A MRSA §2, 28-A MRSA §11, 28-A MRSA §2090

Legislative Document
No. 1046
S.P. 415
In Senate, March 7, 2023
An Act to Decriminalize Public Drinking
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BEEBE-CENTER of Knox.
Cosponsored by Representative SALISBURY of Westbrook and
Senator: DUSON of Cumberland, Representative: GEIGER of Rockland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17 MRSA §2003-A, as amended by PL 2021, c. 658, §1, is repealed.
Sec. 2.  17 MRSA §2005, sub-§1, ¶C, as enacted by PL 1997, c. 756, §1, is 
amended to read:
C.  "Public place" has the same meaning as provided in Title 28-A, section 2003‑A 
2090, subsection 1, paragraph D.
Sec. 3.  17-A MRSA §18, sub-§1, ¶B, as enacted by PL 2021, c. 393, §1, is 
amended to read:
B.  "Listed offense" means:
(1)  Criminal trespass in violation of section 402, subsection 1, paragraph C or F;
(2)  Disorderly conduct in violation of section 501‑A, subsection 1, paragraph A;
(3)  Indecent conduct in violation of section 854 that is based on urinating in public; 
or
(4)  Possession of a scheduled drug in violation of chapter 45 that is based on using 
the scheduled drug; or.
(5)  Public drinking in violation of Title 17, section 2003‑A, subsection 2.
Sec. 4.  28-A MRSA §2, sub-§3, as enacted by PL 1987, c. 45, Pt. A, §4, is amended 
to read:
3.  Bottle club.  "Bottle club" means a person operating on a regular, profit or nonprofit 
basis a facility for social activities in which members or guests provide their own liquor, 
where no liquor is sold on the bottle club premises, which maintains suitable facilities for 
the use of members on a regular basis or charges an admission fee to members or the general 
public and where members, guests or others are regularly permitted to consume liquor.  As 
used in this definition, "regularly" includes daily, weekly or monthly, but does not include 
once a year or less often.  A bottle club is not a public place, as defined in Title 17, section 
2003‑A 2090, subsection 1, paragraph D.
A.  "Bottle club premises" includes all parts of contiguous real estate occupied by the 
bottle club over which the bottle club owner has direct or indirect control or interest 
and which the bottle club owner uses in the operation of the bottle club.
Sec. 5.  28-A MRSA §11, sub-§2, as amended by PL 2021, c. 658, §48, is further 
amended to read:
2.  Violation of public drinking law.  A person taking a drink of liquor to another 
person, offering a drink of liquor to another person or consuming liquor within the licensed 
premises of an off-premises retail licensee under the common roof is considered in 
violation of and subject to punishment under Title 17, section 2003‑A 2090.  This 
subsection does not prohibit product sampling and taste testing authorized by and 
conducted in accordance with the requirements of this Title.
Sec. 6.  28-A MRSA §2090 is enacted to read:
§2090.  Public drinking
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.  
A. "Authorized person" means a person having a relationship to the property that is 
unique and not shared by the general public. With respect to property owned by 
another, "authorized person" includes a tenant, custodian or night security guard. With 
respect to publicly owned property, "authorized person" includes police officers and 
other public employees charged with the responsibility of maintaining or protecting 
public property.
B. "Open container" means a container of liquor not having a cap, stopper or other 
cover in place.
C. "Public place" means:  
(1) A place owned or operated by a governmental entity to which the public or a 
substantial group has access, including but not limited to:  
(a) Public ways as defined in Title 17‑A, section 505, subsection 2;  
(b) Schools and government-owned custodial facilities;  
(c) The lobbies, hallways, lavatories, toilets and basement portions of 
apartment houses, hotels, public buildings and transportation terminals; and  
(d) Public beaches; and  
(2) Private ways and parking areas physically adjacent to public ways and designed 
primarily for vehicular traffic.
2.  Violation.  A person may not drink liquor in any public place within 200 feet of a 
notice posted conspicuously in the public place by the owner or an authorized person that 
forbids drinking in the public place or after being forbidden to do so personally by a law 
enforcement officer, unless the person has been given permission to do so by the owner or 
authorized person.  
3.  Evidence.  The possession of an open container of liquor in a public place is prima 
facie evidence of a violation of this section.
4.  Civil violation.  A person who violates this section commits a civil violation for 
which a fine of not more than $100 may be adjudged.
SUMMARY
This bill changes public drinking from a crime to a civil violation for which a fine of 
not more than $100 may be adjudged.