2023 Maine Revised Statutes › TITLE 28-A: LIQUORS › Part 1: GENERAL PROVISIONS › Chapter 7: BOTTLE CLUBS › 28-A §163. B.Y.O.B. function permit

§163. B.Y.O.B. function permit
1.  Permit required.
A person may not hold a B.Y.O.B. function unless a permit is obtained from the bureau. The bureau may issue a permit that authorizes multiple B.Y.O.B. functions over a period of 12 months as long as the B.Y.O.B. functions are held at the same location.
[PL 2015, c. 106, §1 (AMD).]
2.  Application.
A person must apply for a B.Y.O.B. function permit at least 24 hours prior to the proposed B.Y.O.B. function. The application must be on forms provided by the bureau and must be accompanied by a permit fee of $10 for each day the function is to be held. The application must be signed by the B.Y.O.B. sponsor and must contain the following information:
A. Name and address of each person responsible for the B.Y.O.B. function;   [PL 1993, c. 266, §5 (NEW).]
B. The date and the beginning and ending time of the B.Y.O.B. function;   [PL 1993, c. 266, §5 (NEW).]
C. The location where the B.Y.O.B. function is to be held;   [PL 1993, c. 266, §5 (NEW).]
D. The seating capacity of the location;   [PL 1993, c. 266, §5 (NEW).]
E. Written approval of the municipal officers or a municipal official designated by the municipal officers, for the B.Y.O.B. function to be held at the location within the municipality; and   [PL 1993, c. 266, §5 (NEW).]
F. Proof that the B.Y.O.B. sponsor is at least 21 years of age.   [PL 1993, c. 266, §5 (NEW).]
[PL 1997, c. 373, §36 (AMD).]
3.  Charges and fees.
Charges paid by the general public for admission, food, mixers or other supplies used with liquor or storage or handling of liquor that belongs to the general public are not sales or gifts.
[PL 1993, c. 266, §5 (NEW).]
4.  Minors prohibited at B.Y.O.B. function.
The B.Y.O.B. sponsor may not allow any minor not employed by the B.Y.O.B. sponsor or not accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002, to remain at the premises of a B.Y.O.B. function.
A B.Y.O.B. sponsor may employ a minor only if the sponsor is present in a supervisory capacity.
[PL 1993, c. 266, §5 (NEW).]
5.  Possession or consumption by minors.
A B.Y.O.B. sponsor may not allow a minor to possess or consume liquor or imitation liquor on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
6.  Consumption by intoxicated persons.
A B.Y.O.B. sponsor may not allow a visibly intoxicated person to consume liquor on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
7.  Violation of the state law.
A B.Y.O.B. sponsor may not knowingly allow any violation of any state law on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
8.  Right of access.
A B.Y.O.B. sponsor shall allow a law enforcement officer to enter the premises of the B.Y.O.B. function at reasonable times for the purpose of investigating compliance with this Title.
Entry into the premises must be conducted in a reasonable manner so as not to disrupt the operation of the B.Y.O.B. function.
The investigation must be limited to those areas involved in the actual operation of the B.Y.O.B. function, including storage areas.
[PL 1993, c. 266, §5 (NEW).]
9.  Violations.
The following penalties apply to violations of this section.
A. A B.Y.O.B. sponsor that violates this section commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.   [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A B.Y.O.B. sponsor that violates this section after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.   [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A B.Y.O.B. sponsor that violates this section after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged.   [PL 2003, c. 452, Pt. P, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §2 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1993, c. 266, §5 (NEW). PL 1997, c. 373, §36 (AMD). PL 2003, c. 452, §P2 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2015, c. 106, §1 (AMD).