reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1458. Judicial remedies

§1458. Judicial remedies
1.  Suit against certificate of approval holder.
If a certificate of approval holder engages in conduct prohibited under this chapter, a wholesale licensee may maintain a suit against the certificate of approval holder.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Equitable relief.
The court may grant equitable relief necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this chapter, including, but not limited to, declaratory judgment and injunctive relief.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3.  Punitive damages, costs and fees.
If the court finds that the certificate of approval holder has acted in bad faith in invoking the amendment, termination, cancellation or nonrenewal provisions of this chapter or has unreasonably withheld its consent to any assignment, transfer or sale of the wholesale licensee's agreement, the court may award punitive damages, as well as actual damages, costs and attorneys fees.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1459. Price of product

§1459. Price of product
No certificate of approval holder, whether by means of a term or condition of an agreement or otherwise, may fix or maintain the price at which the wholesale licensee sells any product.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1460. Retaliatory action prohibited

§1460. Retaliatory action prohibited
1.  Retaliatory action prohibited.
A certificate of approval holder may not take retaliatory action against a wholesale licensee who files or indicates an intention to file a complaint of alleged violation of state or federal law or regulation by the certificate of approval holder with the appropriate state or federal regulatory authority.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Retaliatory action described.
Retaliatory action includes, but is not limited to:
A. Refusal without good cause to continue the agreement; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. A material reduction in the quality of service or quantity of products available to the wholesale licensee under the agreement.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1461. Management and personnel of wholesale licensee

§1461. Management and personnel of wholesale licensee
No certificate of approval holder may require or prohibit any change in management or personnel of any wholesale licensee unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the certificate of approval holder.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1462. No waiver; good faith settlements

§1462. No waiver; good faith settlements
No certificate of approval holder may require any wholesale licensee to waive compliance with any provisions of this chapter. Nothing in this chapter limits or prohibits good faith settlements of disputes voluntarily entered into between the parties.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1463. Sale of certificate of approval holder

§1463. Sale of certificate of approval holder
1.  Purchaser obligated.
The purchaser of a certificate of approval holder is obligated to all of the terms and conditions of the agreement in effect on the date of purchase.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Purchase defined.
"Purchase," as defined for the purposes of this chapter, includes, but is not limited to:
A. Sale of stock;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Sale of assets;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Merger;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Lease;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
E. Transfer; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
F. Consolidation.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1464. Coverage

§1464. Coverage
The provisions of this chapter apply to agreements between certificate of approval holders and wholesale licensees in existence on September 16, 1979, and those entered into after that date.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 57: CERTIFICATE OF APPROVAL HOLDER AND MAINE WHOLESALE LICENSEE AGREEMENT ACT › 28-A §1465. Right of free association

§1465. Right of free association
No certificate of approval holder or wholesale licensee may restrict or inhibit, directly or indirectly, the right of free association of certificate of approval holders or wholesale licensees for any lawful purpose.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 59: SALES REPRESENTATIVES › 28-A §1501. Lists of officers, partners and sales representatives

§1501. Lists of officers, partners and sales representatives
All persons selling liquor in the State shall furnish to the bureau a list of all officers and directors, if a corporation, or a list of all partners, if a partnership, and the name of the sales representatives of the person within the State.   [PL 2015, c. 129, §8 (AMD); PL 2015, c. 184, §4 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §134 (AMD). PL 2013, c. 588, Pt. B, §5 (AMD). PL 2015, c. 129, §8 (AMD). PL 2015, c. 184, §4 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 59: SALES REPRESENTATIVES › 28-A §1502. License; fee; renewals

§1502. License; fee; renewals
Sales representatives, including those described in section 1401, subsection 7, shall apply to the bureau for a license disclosing the person, firm or corporation represented.   [PL 2015, c. 387, §2 (AMD).]
1.  Fee.
The annual license fee is $50.
[PL 1991, c. 376, §54 (AMD).]
2.  Term of license.
The license expires on the last day of December of the year in which it is obtained. It may be renewed annually on payment of the fee.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1991, c. 376, §54 (AMD). PL 1997, c. 373, §135 (AMD). PL 2015, c. 387, §2 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 59: SALES REPRESENTATIVES › 28-A §1503. Revocation of license

§1503. Revocation of license
Licenses issued by the bureau under this chapter must be revoked for the violation of the liquor laws or any rule adopted by the bureau.   [PL 1997, c. 373, §136 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §136 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 59: SALES REPRESENTATIVES › 28-A §1504. Samples of spirits products

§1504. Samples of spirits products
A person licensed under section 1502 as a sales representative for a spirits supplier may give a retail licensee samples of spirits under the following conditions:   [PL 2021, c. 658, §260 (AMD).]
1.  Invoice required.
The spirits must be accompanied by an invoice;
[PL 2021, c. 658, §260 (AMD).]
2.  Product registered.
The spirits must be listed by the commission for sale in this State and clearly labeled as a sample;
[PL 2021, c. 658, §260 (AMD).]
3.  Taxes paid.
[PL 2019, c. 404, §28 (RP).]
3-A.  Partial-bottle spirits samples.
[PL 2021, c. 658, §260 (RP).]
4.  Sampling record; prohibited recipients.
The sales representative who provides the sample shall maintain a log stating the names of the agency liquor store or on-premises retail licensee to whom a full-bottle sample is given under subsection 5 or the person to whom a partial-bottle sample of spirits is given under subsection 6 and the amount of that partial-bottle sample. The person to whom the sales representative gives spirits samples under this section may not be a minor or a visibly intoxicated person;
[PL 2021, c. 658, §260 (AMD).]
5.  Full-bottle samples.
The maximum amount of unopened full-bottle samples of spirits given to a retail licensee by a sales representative may not exceed 6 liters per year per distillery represented by that sales representative. Individual samples may not exceed one liter. A full-bottle sample is an unopened bottle of spirits provided to an agency liquor store or an on-premises retail licensee licensed to sell spirits;
[PL 2021, c. 658, §260 (AMD).]
6.  Partial-bottle samples.
Bottles of spirits designated for partial-bottle sampling must be properly sealed between samplings. Samples poured from a bottle of spirits designated for partial-bottle sampling may be provided only:
A. On the premises of a retailer licensed to sell spirits for on-premises consumption to the owner of or a supervisory or managerial employee of the retailer; or   [PL 2021, c. 658, §260 (NEW).]
B. On the premises of an agency liquor store to the owner of or a supervisory or managerial employee of the agency liquor store;   [PL 2021, c. 658, §260 (NEW).]
[PL 2021, c. 658, §260 (AMD).]
7.  Records maintained.
Records of samples given or received under this section must be maintained for a 2-year period by the sales representative and the retail licensee that gave or received the samples; and
[PL 2021, c. 658, §260 (AMD).]
8.  Access to samples.
A sales representative shall request samples from bailment inventory of a spirits supplier housed at the wholesale spirits provider's warehouse for the purposes described under this section.
[PL 2021, c. 658, §260 (AMD).]
SECTION HISTORY
PL 2007, c. 113, §1 (NEW). PL 2007, c. 695, Pt. E, §1 (AMD). PL 2011, c. 629, §§31, 32 (AMD). PL 2017, c. 35, §2 (AMD). PL 2019, c. 404, §28 (AMD). PL 2021, c. 658, §260 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 61: NONRETAIL LICENSES AND FEES › 28-A §1551. Fees for nonretail licenses

§1551. Fees for nonretail licenses
1.  Certificate of approval.
The license fees for certificates of approval are:
A. For malt liquor (one year)............. $1,000; and   [PL 2007, c. 539, Pt. QQQ, §2 (AMD).]
B. For wine (one year).................... $1,000.   [PL 2007, c. 539, Pt. QQQ, §2 (AMD).]
[PL 2007, c. 539, Pt. QQQ, §2 (AMD).]
2.  Wholesale licenses.
The license fees for wholesale licenses are:
A. For the sale of malt liquor (one year).....$600;   [PL 1987, c. 342, §114 (NEW).]
B. For the storage of malt liquor (one month)...............................................$50;   [PL 1987, c. 342, §114 (NEW).]
C. For the sale of wine (one year)........ $600; and   [PL 1987, c. 342, §114 (NEW).]
D. For the storage of wine (one month)..... $50.   [PL 1987, c. 342, §114 (NEW).]
[PL 1987, c. 342, §114 (NEW).]
3.  In-state manufacturers.
The license fees for in-state manufacturer licenses are:
A. Distillery, includes bottling (one year)....................................$1,000;   [PL 2021, c. 658, §261 (AMD).]
B. Brewery, includes bottling (one year).....................................................$1,000;   [PL 1987, c. 342, §114 (NEW).]
C. Rectifier, includes bottling (one year)....................................................$1,000;   [PL 1987, c. 342, §114 (NEW).]
D. Bottler only (one year)............................................................$1,000;   [PL 1987, c. 342, §114 (NEW).]
E. Winery, includes bottling (one year)....................................................$1,000;   [PL 1987, c. 342, §114 (NEW).]
F. Small winery, includes bottling (one year)...........................................$50;   [PL 2011, c. 629, §33 (AMD).]
G. Small brewery, includes bottling (one year)......................................$50; and   [PL 2011, c. 629, §34 (AMD).]
H. Small distillery, includes bottling (one year)...............................$100.   [PL 2021, c. 658, §262 (AMD).]
[PL 2021, c. 658, §§261, 262 (AMD).]
4.  Sales representatives.
The fees for sales representatives are as follows:
A. Sales representative of manufacturer or certificate of approval holder (one year)....................................................$50.   [PL 1991, c. 376, §55 (AMD).]
[PL 1991, c. 376, §55 (AMD).]
5.  Other fees.
The fees for the following are:
A. Filing fee for license application.................................................$10.   [PL 2019, c. 46, §5 (AMD).]
B. [PL 2019, c. 46, §5 (RP).]
[PL 2019, c. 46, §5 (AMD).]
SECTION HISTORY
PL 1987, c. 342, §114 (NEW). PL 1991, c. 376, §55 (AMD). PL 2005, c. 377, §§2,3 (AMD). PL 2005, c. 683, §B21 (AMD). PL 2007, c. 539, Pt. QQQ, §2 (AMD). PL 2011, c. 629, §§33-35 (AMD). PL 2019, c. 46, §5 (AMD). PL 2021, c. 658, §§261, 262 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 61: NONRETAIL LICENSES AND FEES › 28-A §1552. Bottle club fees

§1552. Bottle club fees
1.  Bottle club registration.
The fee for bottle club registration is (one year)......... $50.
[PL 1987, c. 342, §114 (NEW).]
SECTION HISTORY
PL 1987, c. 342, §114 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 3: LICENSES FOR SALE OF LIQUOR › Subpart 3: NON-RETAIL SALES › Chapter 61: NONRETAIL LICENSES AND FEES › 28-A §1553. Postsecondary educational institution sampling license

§1553. Postsecondary educational institution sampling license
The bureau may issue a postsecondary educational institution sampling license to an accredited postsecondary educational institution in the State, referred to in this section as an educational institution, as described by this section.   [PL 2019, c. 282, §1 (NEW).]
1.  Eligible licensees.
The bureau may issue a license under this section to an educational institution, or its agent, that submits an application to the bureau in a manner prescribed by the bureau. The bureau may issue a license under this section only to an educational institution, or its agent, that offers a course or courses involving the hospitality industry, culinary arts or food sciences.
[PL 2019, c. 282, §1 (NEW).]
2.  Purchase of liquor limited to certain purposes.
A licensee under this section may purchase liquor for educational courses conducted by the licensee involving the hospitality industry, culinary arts or food sciences.
Nothing in this subsection prohibits an educational institution licensed under this section from charging a materials fee to students to recoup the cost of liquor used for the purposes described in this section.
[PL 2019, c. 282, §1 (NEW).]
3.  Consumption of liquor on premises; transport of liquor to premises.
A licensee under this section is governed by the provisions of this subsection regarding the consumption of liquor on the educational institution's premises and the transport of liquor to the educational institution's premises.
A. A licensee may permit sampling of the liquor used in conjunction with the educational institution's course or courses involving the hospitality industry, culinary arts or food sciences by a person at least 21 years of age who is:
(1) A member of the faculty or staff of the educational institution who teaches or assists in the hospitality industry, culinary arts or food sciences course or courses; or
(2) A student enrolled in the hospitality industry, culinary arts or food sciences course or courses.   [PL 2019, c. 282, §1 (NEW).]
B. The sampling of liquor authorized under paragraph A must be conducted in accordance with the licensed educational institution's alcohol safety procedures or guidelines, and such liquor may not be served to a person who is a minor or who is visibly intoxicated.   [PL 2021, c. 658, §263 (AMD).]
C. Liquor purchased and transported to the educational institution's premises used in conjunction with the hospitality industry, culinary arts or food sciences course or courses must be clearly labeled with the educational institution's name, license number, date of purchase and course with which the liquor is associated.   [PL 2019, c. 282, §1 (NEW).]
[PL 2021, c. 658, §263 (AMD).]
4.  License fee.
The annual fee for a postsecondary educational institution sampling license is $100.
[PL 2019, c. 282, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 282, §1 (NEW). PL 2021, c. 658, §263 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 4: TAXES AND ALCOHOL PREMIUM › Chapter 65: TAXES › 28-A §1651. Consumers' tax

§1651. Consumers' tax
1.  State spirits tax.
Except as provided in section 83‑C, subsection 2‑A and section 606, the commission shall determine and set the retail price at which all spirits products may be sold in the State for off-premises consumption. The retail price established by the commission must produce sufficient revenue to pay all spirits‑related expenses of the bureau and to return to the Liquor Operation Revenue Fund established in Title 30‑A, section 6054 and the General Fund an amount substantially equal to the amount of state spirits tax collected in the previous fiscal year.
A. [PL 1993, c. 615, §5 (RP).]
B. [PL 1993, c. 615, §5 (RP).]
C. The bureau shall charge agency liquor stores the refund value pursuant to Title 38, section 3103 in addition to the wholesale price for each product purchased.   [PL 2019, c. 404, §29 (AMD).]
[PL 2021, c. 8, §3 (AMD).]
2.  Special pricing situations.
[PL 2019, c. 404, §30 (RP).]
3.  Applicability of tax.
Taxes on spirits imposed by the State do not apply to sales of spirits by manufacturers, bottlers and rectifiers holding licenses issued by the bureau:
A. To any instrumentality of the United States;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. To any vessel of foreign registry;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. To industrial establishments for use as an ingredient in the manufacture of food products;   [PL 2021, c. 8, §4 (AMD).]
D. For use as an ingredient in the manufacture of commodities which by reason of their nature cannot be used for beverage purposes; or   [PL 2021, c. 8, §5 (AMD).]
E. To a person located outside of the State, including but not limited to sales of spirits to an out-of-state distributor for resale in another state and sales of spirits directly to a consumer located in another state under section 1357.   [PL 2021, c. 8, §6 (NEW).]
[PL 2021, c. 8, §§4-6 (AMD).]
4.  Net revenue deposited to General Fund.
All net revenues derived from the tax under this section must be credited to the General Fund.
[PL 2005, c. 539, §10 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §115 (AMD). PL 1989, c. 585, §§D1,D11 (AMD). PL 1989, c. 869, §C12 (AMD). PL 1991, c. 780, §Y130 (AMD). PL 1991, c. 819, §1 (AMD). PL 1993, c. 462, §6 (AMD). PL 1993, c. 615, §§5,6 (AMD). PL 1995, c. 181, §§1,2 (AMD). PL 1997, c. 24, §L5 (AMD). PL 1999, c. 166, §1 (AMD). PL 2005, c. 539, §§9,10 (AMD). PL 2011, c. 693, §3 (AMD). PL 2013, c. 269, Pt. C, §12 (AMD). PL 2013, c. 269, Pt. C, §13 (AFF). PL 2013, c. 368, Pt. V, §48 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2015, c. 166, §6 (AMD). PL 2019, c. 404, §§29-31 (AMD). PL 2021, c. 8, §§3-6 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 4: TAXES AND ALCOHOL PREMIUM › Chapter 67: ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND RESEARCH › 28-A §1701. Findings and intent (REPEALED)

§1701. Findings and intent
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 934, §C3 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 4: TAXES AND ALCOHOL PREMIUM › Chapter 67: ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND RESEARCH › 28-A §1702. Alcoholism Prevention, Education, Treatment and Research Fund (REPEALED)

§1702. Alcoholism Prevention, Education, Treatment and Research Fund
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 934, §C3 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 4: TAXES AND ALCOHOL PREMIUM › Chapter 67: ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND RESEARCH › 28-A §1703. Premiums; collection

§1703. Premiums; collection
1.  Spirits.
The bureau shall sell all spirits at a price that will produce, in addition to any other tax or charge imposed under state or federal law, a premium in the amount specified in subsection 3.
[PL 1997, c. 373, §139 (AMD); PL 2013, c. 368, Pt. V, §61 (REV).]
2.  Malt liquor, wine, low-alcohol spirits products, fortified wines and hard cider.
[PL 2013, c. 368, Pt. XXXX, §9 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
3.  Amount of premium.
The premium is:
A. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
B. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
C. [PL 2013, c. 368, Pt. XXXX, §10 (RP); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
D. One dollar and twenty-five cents per proof gallon as the term proof gallon is defined in the United States Code, Title 26, Section 5002, on all spirits sold in the State.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2013, c. 368, Pt. XXXX, §10 (AMD); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
4.  Payment to General Fund.
The bureau shall immediately pay all premiums collected under this section to the Treasurer of State to be credited to the General Fund.
[PL 2013, c. 368, Pt. V, §61 (REV); PL 2013, c. 368, Pt. XXXX, §11 (AMD); PL 2013, c. 368, Pt. XXXX, §13 (AFF).]
5.  Appropriation.
The amount of funds appropriated from the General Fund to the Department of Health and Human Services for substance use disorder prevention and treatment may not be less than the dollar amount collected or received by the bureau under this section.
[PL 2017, c. 407, Pt. A, §115 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 934, §§C4,5 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 528, §§VV9,10 (AMD). PL 1991, c. 591, §§VV9,10 (AMD). PL 1993, c. 462, §8 (AMD). PL 1993, c. 462, §9 (AMD). PL 1997, c. 373, §§139-144 (AMD). PL 1997, c. 767, §§5,6 (AMD). PL 2011, c. 657, Pt. AA, §75 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2013, c. 368, Pt. XXXX, §§9-12 (AMD). PL 2013, c. 368, Pt. XXXX, §13 (AFF). PL 2017, c. 407, Pt. A, §115 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 4: TAXES AND ALCOHOL PREMIUM › Chapter 67: ALCOHOLISM PREVENTION, EDUCATION, TREATMENT AND RESEARCH › 28-A §1704. Allocations procedure (REPEALED)

§1704. Allocations procedure
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 700, §A116 (AMD). PL 1989, c. 934, §C6 (RP). PL 1997, c. 373, §145 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 5: NONBEVERAGE USE OF LIQUOR › Chapter 75: SALE OF FOOD PRODUCTS WITH A HIGH ALCOHOL CONTENT › 28-A §1901. Restrictions on sale of food containing liquor

§1901. Restrictions on sale of food containing liquor
1.  Sales of food containing liquor restricted.
No person other than a licensee may sell at retail food products with an alcohol content greater than 1/2 of 1% by volume.
[PL 1987, c. 342, §117 (AMD).]
2.  Minors as purchasers or consumers.
No person may sell to minors food products with an alcohol content greater than 1/2 of 1% by volume. No minor may consume such food products except in the presence of a parent, legal guardian or custodian, as defined in Title 22, section 4002.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3.  Food flavorings with high alcohol content.
This section does not apply to the sale of food flavorings, such as vanilla extract or lemon extract, or other similar articles commonly used for cooking or flavoring which contain alcohol, but are not intended to be consumed as beverages.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §117 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 5: NONBEVERAGE USE OF LIQUOR › Chapter 75: SALE OF FOOD PRODUCTS WITH A HIGH ALCOHOL CONTENT › 28-A §1902. Penalties

§1902. Penalties
Any person who violates a provision of this chapter is guilty of a Class E crime.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 81: PROHIBITED ACTS BY MINORS › 28-A §2053. Suspension of minor's operator's license for violations

§2053. Suspension of minor's operator's license for violations
1.  Court shall suspend license.
The court shall suspend the operator's license or right to operate, or right to obtain a license, of a minor found in violation of section 2052 as follows:
A. Thirty days for the first offense;   [PL 1993, c. 93, §4 (NEW).]
B. Ninety days for the 2nd offense; and   [PL 1993, c. 93, §4 (NEW).]
C. One year for any subsequent offense.   [PL 1993, c. 93, §4 (NEW).]
The court shall immediately forward the license to the Secretary of State together with the record of adjudication on the form furnished for reporting convictions and adjudications for violations of Title 29‑A.
[PL 1995, c. 65, Pt. A, §80 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
1-A.  Suspend license.
The court may suspend the operator's license, or right to operate a motor vehicle or right to obtain a license, of a minor found in violation of section 2051, subsection 1, paragraph D for 30 days for the first offense. The court shall suspend the operator's license, or right to operate a motor vehicle or right to obtain a license, of a minor found in violation of section 2051, subsection 1, paragraph D as follows:
A. Ninety days for the 2nd offense; and   [PL 2001, c. 160, §2 (NEW).]
B. One year for any subsequent offense.   [PL 2001, c. 160, §2 (NEW).]
The court shall immediately forward the operator's license to the Secretary of State together with the record of adjudication on the form furnished for reporting convictions and adjudications for violations of Title 29‑A.
[PL 2001, c. 160, §2 (NEW).]
2.  Additional suspension by court.
[PL 1993, c. 93, §5 (RP).]
3.  Secretary of State shall suspend license.
Immediately upon receipt of the record, the Secretary of State shall suspend the license, or right to operate, or right to obtain a license, of the minor for the required period, without further hearing. The Secretary of State shall also assign demerit points according to Title 29‑A, section 2458, subsection 3.
[PL 1995, c. 65, Pt. A, §81 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
4.  Penalty.
The penalties provided in this section and section 2052 are not in conflict with Title 15, Part 6.
[PL 1991, c. 337, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §120 (AMD). PL 1991, c. 337, §2 (AMD). PL 1993, c. 93, §§4-6 (AMD). PL 1995, c. 65, §§A80,81 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2001, c. 160, §2 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 81: PROHIBITED ACTS BY MINORS › 28-A §2054. Execution of suspension stayed during appeal

§2054. Execution of suspension stayed during appeal
If any person adjudicated to be in violation of section 2052 appeals from the judgment of the trial court, the execution of any suspension imposed on that person's license, right to obtain a license, and right to operate a motor vehicle in the State is stayed pending appeal and begins when and if the judgment is upheld or the appeal is withdrawn.   [PL 1997, c. 373, §150 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §150 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2071. Failure to appear before the bureau

§2071. Failure to appear before the bureau
1.  Failure to appear when summoned.
It is illegal for a person who is summoned as a witness by the bureau to appear before the bureau, to fail to appear without reasonable cause at the time and place designated in the subpoena or summons.
[PL 1997, c. 373, §152 (AMD).]
2.  Penalties.
A person who 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 1997, c. 373, §§151,152 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2072. Illegal deposit or possession with intent to sell

§2072. Illegal deposit or possession with intent to sell
1.  Illegal deposit or possession.
No person may deposit or have in that person's possession any liquor:
A. With intent to sell the liquor in the State in violation of law;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. With intent that the liquor be sold in the State in violation of law by any person; or   [PL 1997, c. 373, §153 (AMD).]
C. With intent to aid or assist any person in an illegal sale.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1997, c. 373, §153 (AMD).]
2.  Penalties.
A person who 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 1997, c. 373, §153 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2073. In-state transportation of liquor for illegal sale

§2073. In-state transportation of liquor for illegal sale
1.  In-state transportation of liquor for illegal sale prohibited.
A person may not knowingly transport within the State any liquor:
A. With intent to sell the liquor in the State in violation of law;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. With intent that the liquor be illegally sold by any person; or   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. With intent to aid any person in illegal sale of liquor.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §266 (AMD).]
2.  Penalties.
A person who violates this section commits a Class E crime.
[PL 2021, c. 658, §266 (AMD).]
3.  Legal importation into and transportation of liquor within the State.
[PL 2021, c. 658, §266 (RP).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §154 (AMD). PL 2013, c. 368, Pt. V, §49 (AMD). PL 2013, c. 476, Pt. A, §33 (AMD). PL 2021, c. 658, §266 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2073-E. Importation and in-state transportation of liquor for special purposes

§2073-E. Importation and in-state transportation of liquor for special purposes
1.  Bureau may authorize importation and in-state transportation of liquor for special purposes.
Notwithstanding any provision of law to the contrary, the bureau may grant a permit authorizing the transportation of liquor into and within the State to the following persons for the following specified purposes:
A. To a hospital or state institution located in the State, for medicinal purposes only;   [PL 2021, c. 658, §271 (NEW).]
B. To a licensed physician, surgeon, osteopath, chiropractor, optometrist, dentist or veterinarian located in the State, for medicinal purposes only;   [PL 2021, c. 658, §271 (NEW).]
C. To a licensed pharmacist located in the State, for use in the compounding of prescriptions and other medicinal use but not for sale by the pharmacist unless compounded with or mixed with other substances;   [PL 2021, c. 658, §271 (NEW).]
D. To an industrial establishment located in the State, only for an industrial use, for use as an ingredient in the manufacture of food products, for use as an ingredient in the manufacture of commodities that by reason of their nature cannot be used for beverage purposes or for use in the manufacture of commodities unfit for beverage purposes;   [PL 2021, c. 658, §271 (NEW).]
E. To a school, college or state institution located in the State, for laboratory use only;   [PL 2021, c. 658, §271 (NEW).]
F. To a licensed in-state spirits manufacturer, for use as an ingredient in distilling or manufacturing spirits and other spirituous liquor products that are authorized by 27 Code of Federal Regulations. A permit issued under this paragraph authorizes only the transportation of spirits into and within the State and may not authorize the transportation of malt liquor or wine into and within the State; and   [PL 2021, c. 658, §271 (NEW).]
G. To a church or the pastor of a church located in the State, for sacramental purposes or similar religious rites only.   [PL 2021, c. 658, §271 (NEW).]
[PL 2021, c. 658, §271 (NEW).]
2.  Invoice required.
Each shipment of liquor transported into the State in accordance with this section must be accompanied by an invoice that includes the purchase number and the names of the sender and intended recipient of the liquor.
[PL 2021, c. 658, §271 (NEW).]
SECTION HISTORY
PL 2021, c. 658, §271 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2074. Illegal transportation of liquor on or off licensed premises

§2074. Illegal transportation of liquor on or off licensed premises
1.  Transportation on-premises or off-premises.
Except as provided in section 1051, section 1075‑A, subsection 3 or section 1080, a person that transports liquor onto or off of the premises of an on-premises retail licensee commits a Class E crime.
[PL 2021, c. 658, §272 (AMD).]
2.  Defense.
It is a defense to a prosecution under this section that the transportation was authorized or permitted by the licensee, the licensee's agent or the licensee's employee.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 306, §2 (AMD). PL 2019, c. 281, §11 (AMD). PL 2021, c. 658, §272 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2074-A. Illegal storage, purchase or sale of spirits by an on-premises licensee; penalty

§2074-A. Illegal storage, purchase or sale of spirits by an on-premises licensee; penalty
A person licensed for the sale of spirits for on-premises consumption that violates section 606, subsection 1‑A or violates state rules or federal regulations governing the storage, purchase and sale of spirits, including but not limited to the prohibition against reusing or refilling spirits bottles and the disposition of empty spirits bottles, is subject to suspension or revocation of the license under chapter 33 as follows.   [PL 2021, c. 658, §273 (AMD).]
1.  Suspension of privilege to sell spirits.
A person who commits a violation described by this section is subject to a 90-day suspension for a first offense, a 180-day suspension for a 2nd offense and a one-year suspension for a 3rd or subsequent offense.
[PL 2011, c. 693, §4 (NEW).]
2.  Revocation.
The bureau may recommend revocation of a license to sell spirits for consumption on the premises if a licensee commits more than 3 violations as described by this section.
[PL 2011, c. 693, §4 (NEW).]
SECTION HISTORY
PL 2011, c. 693, §4 (NEW). PL 2021, c. 658, §273 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2075. Importation and transportation of spirits (REPEALED)

§2075. Importation and transportation of spirits
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 817, §1 (AMD). PL 1993, c. 266, §§25,26 (AMD). PL 1993, c. 730, §§47,48 (AMD). PL 1997, c. 373, §155 (AMD). PL 2003, c. 452, §P6 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2013, c. 368, Pt. V, §50 (AMD). PL 2013, c. 368, Pt. V, §61 (REV). PL 2015, c. 166, §7 (AMD). PL 2021, c. 658, §274 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2076. Illegal delivery of spirits

§2076. Illegal delivery of spirits
1.  Illegal delivery of spirits prohibited.
Except with the bureau's written permission or except as provided in section 503, subsection 1 for the wholesale spirits provider or in section 459 for reselling agents, a person may not knowingly transport or cause to be delivered to any person other than the bureau any spirits not purchased from an agency liquor store.
[PL 2021, c. 658, §275 (AMD).]
2.  Penalties.
A person that violates this section commits a Class E crime.
[PL 2021, c. 658, §275 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §156 (AMD). PL 2013, c. 368, Pt. V, §51 (AMD). PL 2013, c. 476, Pt. A, §34 (AMD). PL 2021, c. 658, §275 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2077. Importation and transportation of malt liquor and wine (REPEALED)

§2077. Importation and transportation of malt liquor and wine
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §121 (AMD). PL 1989, c. 817, §§2,4 (AMD). PL 1993, c. 266, §§27,28 (AMD). PL 1993, c. 730, §§49,50 (AMD). PL 2003, c. 452, §P7 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2009, c. 373, §§2, 3 (AMD). PL 2011, c. 629, §§37, 38 (AMD). PL 2013, c. 368, Pt. V, §52 (AMD). PL 2013, c. 476, Pt. A, §35 (AMD). PL 2015, c. 166, §8 (AMD). PL 2021, c. 658, §276 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2077-A. Interstate reciprocal shipping of malt liquor and wine (REPEALED)

§2077-A. Interstate reciprocal shipping of malt liquor and wine
(REPEALED)
SECTION HISTORY
PL 1993, c. 60, §2 (NEW). PL 1993, c. 60, §3 (AMD). PL 1997, c. 373, §§157,158 (AMD). PL 1997, c. 501, §5 (RP). PL 2005, c. 683, §B22 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2077-B. Interstate shipping of liquor prohibited

§2077-B. Interstate shipping of liquor prohibited
1.  Prohibition.
Except as provided in section 1403‑A, a person may not sell, furnish, deliver or purchase liquor from an out-of-state company by mail order.
[PL 2009, c. 373, §4 (AMD).]
2.  Penalty.
A person that violates this section is subject to penalties listed in section 2073‑A, subsection 3 and section 2073‑C, subsection 3.
[PL 2021, c. 658, §277 (AMD).]
SECTION HISTORY
PL 1997, c. 501, §6 (NEW). PL 2003, c. 452, §P8 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2009, c. 373, §4 (AMD). PL 2021, c. 658, §277 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2078. Illegal sale of liquor

§2078. Illegal sale of liquor
1.  Sale of liquor without a valid license.
Any person who, or any person whose employee or agent, sells liquor within the State without a valid license commits a Class E crime and, notwithstanding Title 17‑A, section 4‑A, shall be punished:
A. For the first offense, by a fine of not less than $300 plus costs nor more than $500 plus costs, which fine and costs may not be suspended, and an additional penalty of not more than 30 days imprisonment at the discretion of the court;   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. For a 2nd offense, by a fine of not less than $500 plus costs nor more than $1,000 plus costs, which fine and costs may not be suspended, and an additional penalty of not more than 60 days imprisonment at the discretion of the court; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. For all subsequent offenses, by a fine of not less than $1,000 plus costs and 60 days imprisonment, which fine and costs and sentence may not be suspended, and an additional penalty of 4 months imprisonment at the discretion of the court.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Employee or agent equally guilty.
Any agent or other person in the employment of or on the premises of another, who violates or in any manner assists in violating any law relating to liquor, is equally guilty with the principal and is subject to the same penalties.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2079. Aiding children in illegal possession or sale

§2079. Aiding children in illegal possession or sale
Any person who personally or by that person's employee or agent, directly or indirectly, employs or permits any child under the age of 16 years to assist that person in the illegal possession or the illegal sale of liquor commits a Class E crime, and must be punished accordingly in addition to the penalties otherwise provided against the illegal possession for sale or illegal sale of liquor.   [PL 1997, c. 373, §159 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §122 (AMD). PL 1997, c. 373, §159 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2080. Common sellers (REPEALED)

§2080. Common sellers
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §123 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2082. Sale of imitation liquor

§2082. Sale of imitation liquor
1.  Sale of imitation liquor to minor prohibited.
No person may sell or offer for sale or exchange to any minor any imitation liquor.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
2.  Applicability.
This section does not apply to the following products:
A. Products commonly known as "root beer," "ginger ale," "cider" and all soft drinks; and   [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Beverages containing more than 1/2 of 1% alcohol by volume.   [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3.  Violation.
Any person who violates this section commits a civil violation for which a forfeiture of not more than $500 may be adjudged.
[PL 1993, c. 266, §32 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1993, c. 266, §32 (AMD).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2083. Sale or delivery of liquor to prisoners (REPEALED)

§2083. Sale or delivery of liquor to prisoners
(REPEALED)
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2005, c. 329, §6 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2084. Sales by agent of licensee to minors (REPEALED)

§2084. Sales by agent of licensee to minors
(REPEALED)
SECTION HISTORY
PL 1987, c. 254 (NEW). PL 1987, c. 623, §18 (AMD). PL 1993, c. 266, §33 (RP).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2085. False statement by retail employee

§2085. False statement by retail employee
Notwithstanding Title 17‑A, section 453, a person who makes a false statement in the affidavit required under section 703‑A commits a Class E crime.   [PL 1989, c. 526, §§25, 28 (NEW).]
SECTION HISTORY
PL 1989, c. 526, §§25,28 (NEW). RR 1991, c. 1, §37 (COR).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2086. Sale or furnishing of brewing or wine-making equipment prohibited

§2086. Sale or furnishing of brewing or wine-making equipment prohibited
1.  Violation.
A person who knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a minor equipment that is specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine is guilty of a civil violation.
[PL 1999, c. 103, §4 (NEW).]
2.  Exception.
This section does not apply to a minor's parent, legal guardian or custodian, as defined in Title 22, section 4002, who furnishes the equipment to the minor for use in a supervised manner.
[PL 1999, c. 103, §4 (NEW).]
SECTION HISTORY
PL 1999, c. 103, §4 (NEW).
2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 6: PROHIBITED ACTS AND PENALTIES › Chapter 83: PROHIBITED ACTS IN GENERAL › 28-A §2087. Refusal to provide proper identification

§2087. Refusal to provide proper identification
1.  Refusal to provide proper identification prohibited.
A person may not intentionally refuse to provide a law enforcement officer proper identification if:
A. The person is present on licensed premises at a time when minors are not permitted to be on the premises;   [PL 1999, c. 413, §2 (NEW).]
B. The officer has a reasonable and articulable suspicion that a violation of law has taken place or is taking place because a minor is present on licensed premises;   [PL 1999, c. 413, §2 (NEW).]
C. The officer has a reasonable and articulable suspicion that the person is a minor; and   [PL 1999, c. 413, §2 (NEW).]
D. The officer has informed the person that the officer is investigating a possible liquor violation involving the presence of minors on the licensed premises and that the officer believes that the person is a minor.   [PL 1999, c. 413, §2 (NEW).]
For purposes of this section, "proper identification" means a person's correct name, address and date of birth except that, if a person has in the person's possession an identification card issued under Title 29‑A, section 1410, or a motor vehicle operator's license bearing the photograph of the operator and issued under Title 29‑A, chapter 11, proper identification means that identification card or motor vehicle operator's license.
[PL 1999, c. 413, §2 (NEW).]
2.  Penalties.
A violation of this section is a civil violation for which a forfeiture of not more than $500 may be adjudged.
[PL 1999, c. 413, §2 (NEW).]
3.  Defense.
It is a defense to prosecution under subsection 1 if in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol:
A. The minor in good faith sought medical or emergency treatment or assistance for the minor or the other person; or   [PL 2015, c. 154, §2 (NEW).]
B. The minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of a person contacting emergency medical services or law enforcement.   [PL 2015, c. 154, §2 (NEW).]
This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.
[PL 2015, c. 154, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 413, §2 (NEW). PL 2015, c. 154, §2 (AMD).