reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §453-D. Change of location

§453-D. Change of location
The bureau shall permit the relocation of an agency liquor store within the same municipality as prescribed by this section.   [PL 2011, c. 135, §1 (NEW).]
1.  Relocation application requirements.
The bureau shall permit a change of location of an agency liquor store licensee if:
A. The licensee submits an application in a form prescribed by the bureau;   [PL 2017, c. 167, §7 (AMD).]
B. The application includes proof of receipt of municipal approval of the relocation;   [PL 2011, c. 135, §1 (NEW).]
C. The licensee has held the license and operated as an agency liquor store for no less than one year at the currently licensed location, unless the relocation is directly related to retroactive zoning or unintentional destruction of the property that prevents rebuilding at the current location;   [PL 2017, c. 167, §7 (AMD).]
D. The proposed location of the agency liquor store meets all applicable criteria for licensure for an agency liquor store; and   [PL 2017, c. 167, §7 (AMD).]
E. The application includes proof of notification, in the form of a certified mail receipt, that all agency liquor stores in the same municipality as the licensee's proposed relocation site were notified of the proposed relocation before receiving approval under paragraph B.   [PL 2017, c. 167, §7 (NEW).]
[PL 2017, c. 167, §7 (AMD).]
2.  Hearing on relocation application.
[PL 2017, c. 167, §8 (RP).]
3.  Agency liquor store input.
The bureau shall establish a process by which an agency liquor store in the same municipality as the licensee's proposed relocation may declare support of or objections to a proposed relocation. The bureau shall consider the declarations when considering approval of the relocation application. The process required by this subsection must be established by rule. The bureau shall adopt routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A to implement this subsection.
[RR 2017, c. 2, §11 (COR).]
SECTION HISTORY
PL 2011, c. 135, §1 (NEW). PL 2017, c. 167, §§7-9 (AMD). RR 2017, c. 2, §11 (COR).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §454. Agency liquor store in former state liquor store location. (REPEALED)

§454. Agency liquor store in former state liquor store location.
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2011, c. 629, §8 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §455. Purchase of spirits

§455. Purchase of spirits
1.  Agency liquor store purchases.
Agency liquor stores shall buy their spirits from the bureau under section 606.
[PL 2021, c. 658, §71 (AMD).]
2.  Monthly specials.
The bureau may establish monthly specials for all agency liquor stores.
[PL 2021, c. 658, §71 (AMD).]
SECTION HISTORY
PL 1987, c. 45, Pt. A, §4 (NEW). PL 1991, c. 376, §51 (AMD). PL 1997, c. 373, §48 (AMD). PL 2003, c. 20, Pt. SS, §3 (RPR). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2013, c. 368, Pt. V, §61 (REV). PL 2021, c. 658, §71 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §456. Special seasonal agency liquor stores (REPEALED)

§456. Special seasonal agency liquor stores
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 600, §§A17,A18 (AMD). PL 1989, c. 930 (AMD). MRSA T. 28-A §456, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §456-A. Special seasonal agency liquor stores (REPEALED)

§456-A. Special seasonal agency liquor stores
(REPEALED)
SECTION HISTORY
PL 1991, c. 367 (NEW). PL 1991, c. 622, §K7 (AMD). PL 1993, c. 509, §6 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §457. Transfer of agency liquor store license

§457. Transfer of agency liquor store license
Upon application of a licensee under this chapter, an agency liquor store license must be transferred to a new owner upon the sale of the licensed establishment and payment of the transfer fee required in section 1010‑A, subsection 2 if the new owner is eligible under section 601 and the physical premises of the establishment remain unchanged.   [PL 2021, c. 658, §72 (AMD).]
SECTION HISTORY
P&SL 1987, c. 50 (NEW). PL 1987, c. 342, §23 (NEW). PL 1987, c. 623, §6 (AMD). PL 1997, c. 373, §49 (AMD). PL 2007, c. 117, §2 (RPR). PL 2021, c. 658, §72 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §459. Delivery of spirits by reselling agents

§459. Delivery of spirits by reselling agents
Reselling agents may deliver spirits to establishments that are licensed to sell spirits for on-premises consumption.   [PL 2021, c. 658, §76 (AMD).]
SECTION HISTORY
PL 1993, c. 276, §1 (NEW). PL 2021, c. 658, §76 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 19: AGENCY LIQUOR STORES › 28-A §461. Minimum stock requirement

§461. Minimum stock requirement
An agency liquor store shall maintain a minimum number of product codes in accordance with this section. For the purposes of this section, "product code" means a single spirit product purchased from the State or the State's wholesale distributor.   [PL 2013, c. 269, Pt. C, §8 (AMD); PL 2013, c. 269, Pt. C, §13 (AFF).]
1.  Store in municipality with population of 1,000 or more.
An agency liquor store located in a municipality with a population of 1,000 or more shall have in stock, or on hand, a minimum of 100 different product codes.
[PL 2011, c. 140, §1 (NEW).]
2.  Store in municipality with population of 999 or less.
An agency liquor store located in a municipality with a population of 999 or less shall have in stock, or on hand, a minimum of 50 different product codes.
[PL 2011, c. 140, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 140, §1 (NEW). PL 2013, c. 269, Pt. C, §8 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 21: WHOLESALE SPIRITS PROVIDER › 28-A §501. Wholesale liquor provider; definition (REPEALED)

§501. Wholesale liquor provider; definition
(REPEALED)
SECTION HISTORY
PL 2003, c. 20, Pt. SS, §4 (NEW). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2013, c. 269, Pt. C, §9 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF). PL 2021, c. 658, §81 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 21: WHOLESALE SPIRITS PROVIDER › 28-A §502. Wholesale spirits provider prohibited financial interests

§502. Wholesale spirits provider prohibited financial interests
The wholesale spirits provider and each principal officer of the wholesale spirits provider may not hold or possess:   [PL 2021, c. 658, §82 (NEW).]
1.  Agency liquor store license.
An agency liquor store license;
[PL 2021, c. 658, §82 (NEW).]
2.  License to manufacture spirits.
A license in this State or another state to manufacture spirits; or
[PL 2021, c. 658, §82 (NEW).]
3.  Direct financial interest in prohibited license.
A direct financial interest in a license described in subsection 1 or 2, except that a minor investment in not more than 1% of the securities of a business entity holding a license described in subsection 1 or 2 does not constitute a financial interest prohibited by this subsection.
[PL 2021, c. 658, §82 (NEW).]
SECTION HISTORY
PL 2003, c. 20, Pt. SS, §4 (NEW). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2021, c. 658, §82 (RPR).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 2: AGENCY LIQUOR STORES › Chapter 21: WHOLESALE SPIRITS PROVIDER › 28-A §503. Delivery of spirits by wholesale spirits provider

§503. Delivery of spirits by wholesale spirits provider
1.  Authorized delivery to agency liquor stores.
The wholesale spirits provider may deliver to an agency liquor store spirits that the agency liquor store purchased from the bureau.
[PL 2021, c. 658, §83 (NEW).]
2.  Delivery to on-premises retail licensees prohibited.
The wholesale spirits provider may not deliver spirits to establishments licensed by the State to sell spirits for on-premises consumption.
[PL 2021, c. 658, §83 (NEW).]
SECTION HISTORY
PL 2003, c. 20, Pt. SS, §4 (NEW). PL 2003, c. 20, Pt. SS, §8 (AFF). PL 2003, c. 51, Pt. C, §2 (AFF). PL 2013, c. 269, Pt. C, §10 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF). PL 2021, c. 658, §83 (RPR).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §601-A. Examination of new applicants (REPEALED)

§601-A. Examination of new applicants
(REPEALED)
SECTION HISTORY
PL 1989, c. 526, §§2,28 (NEW). PL 1997, c. 373, §52 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §602. Notification of license or certificate of approval expiration

§602. Notification of license or certificate of approval expiration
1.  Seven-day grace period upon license or certificate of approval expiration.
Except as provided in subsection 3, a licensee that unintentionally fails to renew a license or certificate of approval upon its expiration date and continues to make sales of liquor is not chargeable with illegal sales under section 2078 for a period of 7 days following the expiration date.
[PL 2021, c. 658, §85 (AMD).]
2.  Bureau must notify licensee of expiration.
The bureau shall notify the licensee by the most expedient means available that the license or certificate of approval has expired and all sales of liquor must be suspended immediately and remain suspended until the license or certificate of approval is properly renewed.
[PL 2021, c. 658, §85 (AMD).]
3.  Illegal sales after expiration of grace period or after notice.
A licensee that continues to make sales of liquor after having been properly notified of the expired license or certificate of approval must be charged with illegal sales under section 2078.
[PL 2021, c. 658, §85 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §53 (AMD). PL 2021, c. 658, §85 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §603. Part-time 7-month license (REPEALED)

§603. Part-time 7-month license
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §24 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §604. Production of licenses or certificates of approval

§604. Production of licenses or certificates of approval
A licensee shall make available for inspection its licenses or certificates of approval at any premises in the State to which those licenses or certificates of approval apply.   [PL 2021, c. 658, §86 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2011, c. 535, §3 (AMD). PL 2021, c. 658, §86 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §607. Licensees closed in case of riots, hurricanes or floods

§607. Licensees closed in case of riots, hurricanes or floods
The Governor or the bureau may, in cases of riots, hurricanes and floods, order any or all licensees not to sell any liquor.   [PL 1997, c. 373, §59 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §59 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 25: GENERAL PROVISIONS › 28-A §608. Licensees with professional sporting events; revenues from the sale of liquor

§608. Licensees with professional sporting events; revenues from the sale of liquor
A licensee authorized to sell liquor for on-premises consumption may enter into an agreement to share revenues from the sale of liquor with a professional sports team not licensed under this Title if:   [PL 2013, c. 446, §2 (NEW).]
1.  Capacity.
The licensee has a capacity to seat at least 3,000 people;
[PL 2013, c. 446, §2 (NEW).]
2.  Licensee is designated host facility.
The licensee is the designated host facility for the professional sports team. For the purposes of this subsection, "designated host facility" means a facility licensed to sell liquor for on-premises consumption, including, but not limited to, a civic auditorium or an outdoor stadium where a professional sports team conducts at least 75% of its sporting events as the home team in the competition;
[PL 2013, c. 446, §2 (NEW).]
3.  Revenues from sales at sporting events only.
Revenues to be shared as provided by this section between the licensee and the professional sports team are limited to revenues from the sale of liquor sold at the time of sporting events conducted by that professional sports team; and
[PL 2013, c. 446, §2 (NEW).]
4.  Application.
The licensee discloses any agreement, including any revenue-sharing provisions pursuant to subsection 3, with a professional sports team permitted under this section when submitting an application for a liquor license as required by section 651, subsection 2.
[PL 2013, c. 446, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 446, §2 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 27: APPLICATION PROCEDURE › 28-A §651. Applications

§651. Applications
1.  File application with bureau.
An applicant for a license or certificate of approval under this Title shall file an application in the form required by the bureau.
[PL 2021, c. 658, §92 (AMD).]
2.  Contents of application.
The application must contain the following.
A. An applicant shall disclose the entire ownership or any interest in the person or establishment for which a license or certificate of approval is sought. If the applicant is a purchaser by contract, the applicant shall also disclose the terms of the contract.   [PL 2021, c. 658, §92 (AMD).]
B. An applicant for a license for the sale of liquor for on-premises consumption shall include in the application a description of the premises to be licensed and provide any other material information, description or plan of that part of the premises where the applicant proposes to keep or sell liquor as the bureau requires.   [PL 2021, c. 658, §92 (AMD).]
C. The owner or the bona fide prospective purchaser shall sign the application. If the owner or bona fide prospective purchaser is:
(1) A natural person, then that person shall sign;
(2) A partnership, then the partners of the partnership shall sign; or
(3) A corporation, then a principal officer of the corporation or any person specifically authorized by the corporation shall sign.   [PL 2021, c. 658, §92 (AMD).]
[PL 2021, c. 658, §92 (AMD).]
3.  False answer given intentionally.
A person who intentionally gives an untruthful answer in an application for a license or certificate of approval under this Title violates Title 17‑A, section 453.
[PL 2021, c. 658, §92 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §30 (AMD). PL 1997, c. 373, §§60,61 (AMD). PL 2021, c. 658, §92 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 27: APPLICATION PROCEDURE › 28-A §652. Application procedure

§652. Application procedure
1.  License or certificate of approval fee.
An applicant shall enclose the fee for the license or certificate of approval prescribed by this Title with the application for the license or certificate of approval.
[PL 2021, c. 658, §93 (AMD).]
2.  Effective date and term of license or certificate of approval.
All full-year licenses and certificates of approval are effective for one year from the date of issuance. All part-time licenses and certificates of approval are effective for the term of the license or certificate of approval from the date of issuance.
[PL 2021, c. 658, §93 (AMD).]
3.  Renewal.
Licenses and certificates of approval may be renewed upon application for renewal and payment of the annual fee, subject to bureau rules.
[PL 2021, c. 658, §93 (AMD).]
4.  Multiple licenses.
A licensee applying for a license to operate more than one premises shall pay the fee prescribed for the type of license to be exercised at each premises.
[PL 2021, c. 658, §93 (AMD).]
5.  Filing fee.
Except as provided in paragraph A, an applicant for an original or renewal license or certificate of approval shall pay a filing fee of $10 when filing the application.
A. In unincorporated places, the applicant shall pay the filing fee of $10 to the county treasurer of the county in which the unincorporated place is located. All applications for a license in unincorporated places must be accompanied by evidence of payment of the filing fee to the county treasurer.   [PL 1987, c. 769, Pt. A, §114 (AMD).]
[PL 2021, c. 658, §93 (AMD).]
6.  Public service license.
[PL 2021, c. 658, §93 (RP).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §31 (AMD). PL 1987, c. 769, §A114 (AMD). PL 1997, c. 373, §62 (AMD). PL 2017, c. 167, §11 (AMD). PL 2021, c. 658, §93 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 27: APPLICATION PROCEDURE › 28-A §654. Additional considerations for licensure

§654. Additional considerations for licensure
1.  Character; location; operation of business.
In issuing or renewing licenses, the bureau, the municipal officers or the county commissioners, as the case may be, shall give consideration to:
A. The character of any applicant;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The location of the place of business;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. The manner in which the business has been operated; and   [PL 1997, c. 373, §63 (AMD).]
D. Whether the operation has endangered the safety of persons in or on areas surrounding the place of business.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1997, c. 373, §63 (AMD).]
2.  Qualifications of corporations.
The bureau, the municipal officers or the county commissioners, as the case may be, may refuse to issue licenses to corporations when any of its officers, directors or stockholders do not possess the qualifications required of unincorporated persons under this section.
[PL 1997, c. 373, §63 (AMD).]
3.  Areas primarily for minors.
Without limitation of its other powers, the bureau may not approve as a proper place for the exercise of the license privilege amusement areas primarily for minors, beaches or any other area designed primarily for use by minors.
[PL 1997, c. 373, §63 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §63 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §701. Proximity to schools; exception

§701. Proximity to schools; exception
1.  Location within 300 feet of churches and schools.
Except as provided in paragraphs B and C, the bureau may not issue a new license for the sale of liquor to be consumed on the premises to new premises within 300 feet of a public or private school, school dormitory, church, chapel or parish house in existence as such at the time the application for the new license is made.
A.   [PL 1987, c. 342, §33 (RP).]
B. The bureau may after holding a public hearing near the proposed location issue licenses to premises that are either in or within 300 feet of a church, chapel, parish house or postsecondary school.   [PL 1997, c. 373, §64 (AMD).]
C. The restriction in this subsection does not apply if a public or private school, school dormitory, church, chapel or parish house:
(1) Locates in a commercial zone that includes restaurants or bars as permitted uses and that had been established pursuant to a zoning ordinance as defined in Title 30‑A, section 4301, subsection 15‑A prior to the public or private school, school dormitory, church, chapel or parish house locating in the commercial zone; or
(2) Is located in a downtown as defined in Title 30‑A, section 4301, subsection 5‑A.   [PL 2005, c. 269, §1 (NEW).]
[PL 2005, c. 269, §1 (AMD).]
2.  Method of measurement.
The distance must be measured from the main entrance of the premises to the main entrance of the school, school dormitory, church, chapel or parish house by the ordinary course of travel.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §33 (AMD). PL 1997, c. 373, §64 (AMD). PL 2005, c. 269, §1 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §702. Certain clubs ineligible (REPEALED)

§702. Certain clubs ineligible
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §34 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §703. Employment of violators prohibited

§703. Employment of violators prohibited
A licensee may not employ as a manager or leave in charge of the licensed premises any person who, by reason of conviction of violation of any liquor laws within the last 5 years or because of a revocation of that person's license for sale of liquor within the last 5 years, is not eligible for a liquor license.   [PL 1997, c. 373, §65 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §65 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §703-A. Prohibition of employment of violators as retail employees

§703-A. Prohibition of employment of violators as retail employees
1.  Employment prohibited.
A retail licensee may not employ a person as a retail employee if that person, within 2 years of the date of that person's application for employment, has been convicted of a first offense of violating section 2078 or section 2081, subsection 1, paragraph A or B. A retail licensee may not employ a person as a retail employee if that person, within 5 years of the date of that person's application for employment, has been convicted of a 2nd offense of violating section 2078 or section 2081, subsection 1, paragraph A or B.
[PL 1993, c. 254, §1 (AMD).]
2.  Affidavit required.
Retail licensees shall require a person applying for employment as a retail employee to furnish to the licensee an affidavit stating that the applicant has not been convicted of a first offense of violating section 2078 or section 2081, subsection 1, paragraph A or B, within 2 years of the date of the affidavit. Retail licensees shall require a person applying for employment as a retail employee to furnish to the licensee an affidavit stating that the applicant has not been convicted of a 2nd offense of violating section 2078 or section 2081, subsection 1, paragraph A or B, within 5 years of the date of the affidavit. The affidavit must be executed at the time of application. The bureau shall develop the affidavit required by this section and make single copies of that affidavit available to retailers.
[PL 1997, c. 373, §66 (AMD).]
SECTION HISTORY
PL 1989, c. 526, §§3,28 (NEW). PL 1993, c. 254, §1 (AMD). PL 1997, c. 373, §66 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §704. Employment of minors

§704. Employment of minors
1.  Employees under 17 years of age.
A licensee for the sale of liquor to be consumed on licensed premises may not employ a person under 17 years of age in the serving or selling of liquor on the premises where the liquor is sold. A licensee who violates this subsection is subject to the penalties in section 803.
[PL 2003, c. 452, Pt. P, §3 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
1-A.  (REALLOCATED FROM T. 28-A, §704, sub-§2) Employees between 17 and 21 years of age.
An employee who is at least 17 years of age but less than 21 years of age may serve or sell liquor only in the presence of an employee who is at least 21 years of age and is in a supervisory capacity.
A. A licensee whose employee violates this subsection is subject to the penalties in section 803.   [RR 2003, c. 1, §26 (RAL); RR 2003, c. 1, §27 (AFF).]
B. An employee who violates this subsection is subject to the penalties in section 803.   [RR 2003, c. 1, §26 (RAL); RR 2003, c. 1, §27 (AFF).]
[RR 2003, c. 1, §26 (RAL); RR 2003, c. 1, §27 (AFF).]
2.  Penalty.
[PL 1993, c. 266, §8 (RP).]
2.  (REALLOCATED TO T. 28-A, §704, sub-§1-A) Employees between 17 and 21 years of age.
[RR 2003, c. 1, §26 (RAL); RR 2003, c. 1, §27 (AFF); PL 2003, c. 452, Pt. P, §3 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §35 (AMD). PL 1993, c. 266, §§7,8 (AMD). PL 1997, c. 373, §67 (AMD). PL 2003, c. 452, §P3 (RPR). PL 2003, c. 452, §X2 (AFF). RR 2003, c. 1, §26 (COR). RR 2003, c. 1, §27 (AFF).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §704-A. Employment of law enforcement officers (REPEALED)

§704-A. Employment of law enforcement officers
(REPEALED)
SECTION HISTORY
PL 1993, c. 730, §28 (NEW). PL 1995, c. 16, §1 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §706. Identification cards

§706. Identification cards
1.  Acceptable identification.
A licensee may refuse to serve liquor to any person who fails to display upon request an identification card issued under Title 29‑A, section 1410, including an official identification card issued by a federally recognized Indian tribe in the State as described in Title 29‑A, section 1410, subsection 7, or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A, chapter 11.
[PL 2017, c. 167, §12 (AMD).]
2.  Age requirement for identification.
A licensee or licensee's employee or agent may not sell, furnish, give or deliver liquor or imitation liquor to a person under 27 years of age unless the licensee or licensee's employee or agent verifies the person is not a minor by means of reliable photographic identification containing that person's date of birth.
[PL 2005, c. 38, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1995, c. 65, §A79 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1997, c. 437, §3 (AMD). PL 2005, c. 38, §1 (AMD). PL 2017, c. 167, §12 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §707-A. Exceptions to indebtedness or operations limitations

§707-A. Exceptions to indebtedness or operations limitations
1.  Certain financial interests permitted.
Notwithstanding section 707, if the requirements of subsection 2 are met, section 707 does not prohibit:
A. A person that owns or has a financial interest in a holder of a retail license issued in conjunction with and as part of the operations of a hotel from owning or having a financial interest in a certificate of approval holder; or   [PL 1997, c. 659, §1 (NEW).]
B. A person that owns or has a financial interest in a certificate of approval holder from owning or having a financial interest in the holder of a retail license issued in conjunction with and as part of the operations of a hotel.   [PL 1997, c. 659, §1 (NEW).]
[PL 1997, c. 659, §1 (NEW).]
2.  Requirements.
The exceptions to section 707 set out in subsection 1 apply only if each of the following requirements is met.
A. The hotel must have at least 100 adequate sleeping rooms and the relationship between the occupants of those rooms and the owner or operator of the establishment is that of hotel guest and innkeeper.   [PL 2021, c. 658, §99 (AMD).]
B. The hotel may not purchase malt liquor or wine products sold by the certificate of approval holder to wholesale licensees, and the certificate of approval holder may not require any brand of liquor product to be purchased or sold by the hotel.   [PL 2021, c. 658, §99 (AMD).]
C. The certificate of approval holder and the retail licensee may not directly or indirectly own or have any interest in a wholesale licensee.   [PL 2021, c. 658, §99 (AMD).]
D. The certificate of approval holder and the retail licensees must be separate entities and may not have any common directors.   [PL 2021, c. 658, §99 (AMD).]
[PL 2021, c. 658, §99 (AMD).]
3.  Construction.
The exceptions to section 707 set out in subsection 1 must be construed narrowly and be limited to the express terms contained in subsection 1. The exceptions contained in subsection 1 may not be construed to undermine the general prohibition against tied interests contained in section 707.
[PL 1997, c. 659, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 659, §1 (NEW). PL 2021, c. 658, §99 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §708-A. In-pack sweepstakes, contests and games

§708-A. In-pack sweepstakes, contests and games
Notwithstanding any provision of law to the contrary, a certificate of approval holder, spirits supplier, wholesale licensee or retail licensee may offer sweepstakes, games and contests inside packages of liquor, if that offer is not contingent on the purchase of liquor. The certificate of approval holder, spirits supplier, wholesale licensee or retail licensee shall provide information about access to participate in a sweepstakes, game or contest by providing either a sign in the retail outlet or a notice on the primary or secondary packaging of the brand offering the sweepstakes, game or contest.   [PL 2021, c. 658, §101 (AMD).]
SECTION HISTORY
PL 1995, c. 582, §2 (NEW). PL 2003, c. 192, §1 (AMD). PL 2021, c. 658, §101 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §708-B. Donations to public broadcasting stations and incorporated civic organizations (REPEALED)

§708-B. Donations to public broadcasting stations and incorporated civic organizations
(REPEALED)
SECTION HISTORY
PL 1997, c. 483, §1 (NEW). PL 2011, c. 629, §11 (RPR). PL 2015, c. 214, §2 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §710. Advertising signs

§710. Advertising signs
1.  Advertising outside of licensed premises.
A person, except wholesale licensees and certificate of approval holders, may not advertise or permit to be advertised, by more than 5 signs, on the outside of any licensed premises, or on any building, ground or premises under that person's control and contiguous or adjacent to the licensed premises:
A. The fact that the licensee has liquor or any brand of liquor for sale;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The price at which liquor is sold by the licensee; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Any other advertisement that indicates any reference to liquor other than the name of the licensed premises, an image accompanying the name of the licensed premises or a brand name or image appearing on a patio umbrella in an outside seating area of the licensed premises.   [PL 2019, c. 404, §15 (AMD).]
For agency liquor stores, 2 of the 5 signs permitted by this subsection are agency liquor store signs as described by rule.
[PL 2019, c. 404, §15 (AMD).]
2.  Advertising inside of licensed premises.
A licensee may display no more than one sign inside the licensed premises, where it may be seen from the outside, advertising the fact that the licensee has liquor for sale. The sign may not be more than 750 square inches in total area.
[PL 1987, c. 342, §46 (AMD).]
3.  Exception.
Subsection 1 does not prohibit the display of signs advertising sponsorship of specific sporting events and cultural events or sponsorship of a transportation system for transporting the public as long as the signs are not displayed on a licensed establishment as defined in section 2, subsection 15. Signs on a licensed establishment advertising sponsorship may be displayed with prior bureau approval.
The bureau shall adopt rules implementing this subsection.
[PL 1993, c. 730, §32 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §46 (AMD). PL 1993, c. 730, §32 (AMD). PL 1997, c. 373, §69 (AMD). PL 2013, c. 207, §1 (AMD). PL 2019, c. 404, §15 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §711. Advertising strength of malt liquor (REPEALED)

§711. Advertising strength of malt liquor
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1993, c. 730, §33 (AMD). PL 2013, c. 504, §2 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §712. Advertising or sale of liquor by trade name

§712. Advertising or sale of liquor by trade name
1.  Advertise or announce for sale by trade name.
No licensee may advertise or offer for sale any malt liquor or wine by trade name or other designation which would indicate the manufacturer or place of manufacture of malt liquor or wine, unless the licensee actually has on hand and for sale a sufficient quantity of the particular malt liquor or wine advertised to meet requirements to be normally expected as the result of the advertisement or announcement.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Serve from faucet, spigot, dispensing apparatus by trade name.
A licensee may not furnish or serve any liquor from any faucet, spigot or other dispensing apparatus, unless:
A. The trade name or brand of the liquor served appears in full sight of the customer in legible lettering upon the faucet, spigot or dispensing apparatus; or   [PL 2017, c. 167, §13 (AMD).]
B. The licensee displays a list of all liquor currently available on tap that is clearly visible to patrons of the establishment in a manner that allows a patron to identify the trade name or brand of the liquor that is being dispensed from each faucet, spigot or dispensing apparatus.   [PL 2017, c. 167, §13 (AMD).]
[PL 2017, c. 167, §13 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2013, c. 165, §1 (AMD). PL 2017, c. 167, §13 (AMD). PL 2021, c. 658, §108 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 29: LICENSE RESTRICTIONS › 28-A §713. Selling malt liquor or wine from truck

§713. Selling malt liquor or wine from truck
1.  Selling malt liquor or wine from truck prohibited.
Except as provided in subsections 2 and 3, no wholesale or retail licensee may, either directly or indirectly, by any agent or employee, travel from town to town, or from place to place in the same town, selling, bartering or carrying for sale or exposing for sale any malt liquor or wine from any vehicle.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Delivery of orders received.
The wholesale licensee may make sales of malt liquor or wine where transportation and delivery are required only upon orders actually received at the principal place of business or warehouse or distributing center, if licensed, of the wholesale licensee before shipment of the malt liquor or wine. The driver or any other employee of the wholesale licensee shall carry an invoice stating the names of the purchaser and the wholesale licensee and the kind and quantity of malt liquor or wine ordered by the sale, together with the date of the sale.
A. This subsection does not prohibit a wholesale licensee from collecting orders for malt liquor or wine by sales representatives calling upon retailers, then filing the orders at the principal place of business or warehouse or distributing center.   [PL 1987, c. 342, §47 (NEW).]
[PL 1987, c. 342, §47 (AMD).]
3.  Sale from truck by wholesale licensee.
A wholesale licensee or an agent or employee of the wholesale licensee may travel from town to town or from place to place in the same town selling, or carrying for sale or exposing for sale, malt liquor or wine from a vehicle only if the wholesale licensee, agent or employee possesses on the vehicle a manifest bearing a detailed description of the total amount of malt liquor or wine on the vehicle and invoices, as required, as well as invoices drawn up at the time of delivery.
[PL 2021, c. 658, §109 (AMD).]
4.  Sales or deliveries only to licensees.
Sales or deliveries may be made only to licensees of the bureau.
[PL 1997, c. 373, §70 (AMD).]
5.  Violation.
Whoever violates this section commits a Class E crime.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §47 (AMD). PL 1997, c. 373, §70 (AMD). PL 2021, c. 658, §109 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 31: RECORDS › 28-A §751. Retail licensee to keep records

§751. Retail licensee to keep records
1.  Records to be kept.
Every retail licensee shall keep for 2 years complete records showing:
A. The date of all purchases;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The actual prices paid;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. The fact that the licensee paid by cash or check for all liquor bought by the licensee at the time of or before delivery of the liquor as evidenced by invoices, which must be retained by the licensee;   [RR 1993, c. 1, §71 (COR).]
D. The name and address of every person from whom the liquor was purchased; and   [PL 1993, c. 266, §19 (AMD).]
E. In the case of an on-premises licensee, records of food purchases.   [PL 2021, c. 658, §111 (AMD).]
[PL 2021, c. 658, §111 (AMD).]
2.  Retail licensee to keep separate records.
Except as provided in paragraph A, a retail licensee shall keep the records required by subsection 1 separate and apart from records relating to any other transactions in which the licensee engages.
A. Malt liquor, wine and soft drinks may be listed on the same wholesale licensee's invoice if each product is separately listed.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1997, c. 373, §71 (AMD).]
3.  On-premises retail licensee to keep records of sales separate.
An on-premises retail licensee shall separate liquor sales from food sales by the licensee in the licensee's records.
[PL 2021, c. 658, §112 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§48,49 (AMD). PL 1987, c. 623, §§9,10 (AMD). RR 1993, c. 1, §71 (COR). PL 1993, c. 266, §§18-20 (AMD). PL 1997, c. 373, §71 (AMD). PL 2021, c. 658, §§111, 112 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 31: RECORDS › 28-A §752. Wholesale licensee to keep records

§752. Wholesale licensee to keep records
1.  Records to be kept.
Every wholesale licensee shall keep records for 2 years:
A. Showing that all sales and purchases are in accordance with the law relating to cash or check sales; and   [PL 1987, c. 342, §50 (AMD).]
B. Including detailed accounts of all its transactions with breweries, wineries, other wholesalers and retailers.   [PL 2021, c. 658, §113 (AMD).]
[PL 2021, c. 658, §113 (AMD).]
2.  Manner in which records to be kept.
The wholesale licensee shall keep the records in its principal licensed establishment.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §50 (AMD). PL 2021, c. 658, §113 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 31: RECORDS › 28-A §753. Special warehouse facility licensee to keep records

§753. Special warehouse facility licensee to keep records
1.  Records to be kept.
A licensee operating a special warehouse storage facility within the State shall keep complete records concerning all transactions conducted at the special warehouse storage facility. The records must show:
A. The date and amounts of all liquor received and from whom they were received; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The dates and amounts of all liquor shipped or withdrawn and the name of the person for whom the liquor was shipped or withdrawn.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §114 (AMD).]
2.  Manner in which records to be kept.
A licensee shall maintain the records upon the premises.
[PL 2021, c. 658, §114 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §114 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 31: RECORDS › 28-A §754. Records open for inspection

§754. Records open for inspection
1.  Records open for inspection.
All records required to be kept under this chapter are open for inspection to the bureau or its representatives at any time. The bureau or its representatives may make copies of records that may be used as evidence of violation of this chapter.
[PL 2013, c. 588, Pt. B, §4 (AMD).]
2.  Refusal of access.
A licensee may not refuse to allow the bureau or its representatives to audit the books and records of the licensee.
[PL 2013, c. 588, Pt. B, §4 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §72 (AMD). PL 2013, c. 588, Pt. B, §4 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 31: RECORDS › 28-A §755. Records confidential

§755. Records confidential
Except for on-premises spirits sales data required to be reported by reselling agents in accordance with section 453-C, subsection 4, all business and financial records of licensees are confidential.   [PL 2015, c. 430, §6 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2015, c. 430, §6 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 33: REVOCATION AND SUSPENSION › 28-A §801. Jurisdiction of District Court

§801. Jurisdiction of District Court
1.  Jurisdiction.
The District Court, as designated in Title 5, chapter 375, shall conduct hearings on all matters concerning violations by licensees and their agents or employees of any federal or state law or regulation relating to liquor or violations of any rule adopted by the bureau. Notwithstanding Title 5, chapter 375, subchapter 6, the District Court has exclusive jurisdiction over all violations of this Title by licensees and their agents or employees when no criminal penalty is provided.
[PL 2021, c. 658, §115 (AMD).]
2.  Powers.
The District Court may suspend or revoke licenses and certificates of approval of licensees and levy fines or civil forfeitures against licensees and their agents or employees.
[PL 2021, c. 658, §115 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 526, §§5,28 (AMD). PL 1997, c. 373, §73 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2021, c. 658, §115 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 33: REVOCATION AND SUSPENSION › 28-A §802. Causes for revocation and suspension of licenses and certificates of approval

§802. Causes for revocation and suspension of licenses and certificates of approval
The District Court may revoke or suspend licenses and certificates of approval for the following causes:   [PL 2021, c. 658, §116 (AMD).]
1.  Violation of law or infraction of rule.
Violation of a federal or state law, rule or regulation relating to liquor or substantial infraction of a rule adopted by the bureau.
A. This subsection does not require the District Court to hold licensees that sold liquor to minors who furnished fraudulent proof of age liable administratively;   [PL 2021, c. 658, §116 (AMD).]
[PL 2021, c. 658, §116 (AMD).]
2.  False material statement.
Knowingly making a false material statement of fact in the application for the license or certificate of approval; and
[PL 2021, c. 658, §116 (AMD).]
3.  Failure to maintain requirements.
Failure to have and maintain throughout the entire license or certificate of approval period all of the requirements of definitions, laws and rules necessary to qualify for a license or certificate of approval.
A. For this offense the District Court may suspend licenses or certificates of approval for an indefinite period of time until the District Court is satisfied that the licensee has conformed to all applicable qualifications.   [PL 2021, c. 658, §116 (AMD).]
[PL 2021, c. 658, §116 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §§74,75 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2021, c. 658, §116 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 1: GENERAL PROVISIONS › Chapter 33: REVOCATION AND SUSPENSION › 28-A §804. Record of proceedings and transcript

§804. Record of proceedings and transcript
The District Court shall keep a full and complete record of all proceedings on the revocation and suspension of a license or certificate of approval issued by the bureau. The District Court is not required to have a transcript of the testimony prepared unless required for rehearing or appeal.   [PL 2021, c. 658, §118 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §80 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2021, c. 658, §118 (AMD).