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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 01. GENERAL PROVISIONS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §1. Compliance required; penalty
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1. Compliance required; penalty
Any person who purchases, imports, transports, manufactures, possesses or sells alcohol in violation of law commits a Class
E crime.
[1987, c. 45, Pt. A, § 4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §10. Class A restaurant and off-premise retail licensee on same premises
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§10. Class A restaurant and off-premise retail licensee on same premises
1. Class A restaurant and off-premise retail licensee on same premises not prohibited. If a portion of a premise is licensed as an off-premise retail licensee, no provision within this Title may be construed
to prohibit issuance of a Class A restaurant license to the same licensee for the remaining portion of the premises, provided
that necessary qualifications are maintained for each separately licensed area.
[1987, c. 45, Pt. A, §4 (new).]
2. Access between the 2 licensed areas. There may be access between the 2 licensed areas for the licensee or his employees if it is through areas open only to the
licensee or his employees. There must be complete nonaccess between the 2 licensed areas by the public.
[1987, c. 45, Pt. A, §4 (new).]
3. Licensee to maintain separate records, supplies and inventory. The licensee shall maintain records, supplies and inventory within each separate licensed establishment in accordance with
the appropriate license privilege authorized for each separate area.
[1987, c. 45, Pt. A, § 4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §11. Retailer on same premises as other businesses
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§11. Retailer on same premises as other businesses
1. Connection with other licensed premises. Notwithstanding any other law or rule of the bureau, any retailer's licensed premise may be connected with any other retailer's
licensed premise by a doorway or other apertures that are not securely and permanently sealed.
[1997, c. 373, §25 (amd).]
2. Violation of public drinking law. Any persons taking a drink of liquor to another, offering a drink of liquor to another or consuming liquor within the licensed
premises of an off-premise retail licensee under the common roof shall be considered in violation of Title 17, section 2003-A
and shall be punished accordingly.
[1987, c. 45, Pt. A, §4 (new).]
3. Premises operated by licensee identified. An applicant for a license shall fully describe in the application the part of the premises that the applicant owns, leases
or rents. The bureau may require the licensee to identify on the premises by an appropriate marking the area that the licensee
owns, rents or leases.
[1997, c. 373, §25 (amd).]
4. Inspection of business premises under common roof of licensee. All persons carrying on any business, except any bank or savings and loan institution, under the common roof and having
common entranceways with a licensee shall agree in writing to allow reasonable inspection of their premises by authorized
enforcement agents of the Department of Public Safety and authorized representatives of the bureau.
[1997, c. 373, §25 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§25
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §12. Inspection of premises
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§12. Inspection of premises
No licensee may refuse representatives of the bureau the right at any time to inspect the entire licensed premises or to audit
the books and records of the licensee.
[1997, c. 373, §26 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§26
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §13. Low-alcohol spirits product sold by wine licensees
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§13. Low-alcohol spirits product sold by wine licensees
Notwithstanding any provision of this Title, a person licensed to sell wine for consumption on or off the premises may also
sell low-alcohol spirits products. All provisions of this Title applicable to wine, except chapters 65 and 67, apply to low-alcohol
spirits products when sold by persons licensed to sell wine for consumption on or off the premises.
[1991, c. 528, Pt. VV, §3 (new); Pt. RRR (aff); c. 591, Pt. VV, §3 (new).]
Section History:
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 528,
§VV3
(NEW).
PL 1991,
Ch. 591,
§VV3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §14. Hard cider sold by malt liquor licensees
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§14. Hard cider sold by malt liquor licensees
Notwithstanding any other provision of this Title, a person licensed to sell malt liquor for consumption on or off premises
may also sell hard cider. All provisions of this Title applicable to malt liquor apply to hard cider when hard cider is sold
by persons licensed to sell malt liquor for consumption on or off premises.
[2003, c. 68, §1 (new).]
Section History:
PL 2003,
Ch. 68,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §15. Display of signs
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§15. Display of signs
A licensee under chapter 19 or 45 shall post a sign provided by the commissioner in a conspicuous location at the licensed
premises informing customers of the provisions of sections 2051 and 2081. A person who violates this section commits a civil
violation for which a fine of not less than $50 nor more than $200 may be adjudged for any one offense.
[2005, c. 437, §1 (new).]
Section History:
PL 2005,
Ch. 437,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §3. Payments by check
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§3. Payments by check
1. Commission may accept payment by personal check.
[1993, c. 730, §13 (rp).]
1-A. Alcohol bureau may accept payment by personal check. The alcohol bureau may accept payment by personal check from licensees for the purchase of liquor.
[1997, c. 373, §21 (amd).]
1-B. Liquor Licensing and Tax Division may accept checks. The Liquor Licensing and Tax Division may accept checks for license fees, application fees, permits, excise taxes, premiums
and any other fees authorized by this Title.
[1993, c. 730, §13 (new).]
2. Checks not honored on presentation; consequences. If any check is not honored on presentation by the State, the bureau shall withhold the license if not issued, or immediately
take back the license if issued, voiding it until the person who paid by personal check has paid all costs of check failure.
The alcohol bureau or the bureau may order that person to make all payments to the alcohol bureau or to the bureau only by
cash, certified check or money order for a period not to exceed one year.
[1997, c. 373, §22 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1993,
Ch. 730,
§13
(RPR).
PL 1997,
Ch. 373,
§21,22
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §4. Business days and hours
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§4. Business days and hours
No liquor may be sold except as provided in this section.
[1987, c. 45, Pt. A, §4 (new).]
1. Hours for sale of liquor. Except as provided in paragraphs A to D, licensees may sell or deliver liquor from 6 a.m. on any day until 1 a.m. of the
following day.
A. Licensees may not sell liquor on Sunday between the hours of 6 a.m. and 9 a.m.
[1995, c. 159, §1 (amd).]
B. Licensees may sell liquor on January 1st of any year from 12 midnight to 2 a.m.
(1) In areas in which liquor may be sold except on Sundays, if January 1st falls on a Monday, licensees may sell or deliver
liquor between 9 p.m. Sunday, December 31st and 2 a.m. January 1st, notwithstanding any local option decisions to the contrary.
[1987, c. 45, Pt. A, §4 (new).]
C.
[1993, c. 266, §3 (rp).]
D. Wholesale licensees may sell or deliver liquor to licensed establishments from 4 a.m. on any day until 1 a.m. the following
day.
[2001, c. 21, §1 (new).]
[2001, c. 21, §1 (amd).]
2. Consumption and possession of liquor. Except as provided in paragraphs A and B, licensees may not permit the consumption or possession of liquor on their premises
after 1:15 a.m.
A. Licensees may permit the consumption of liquor on their premises until 2:15 a.m. on January 1st.
[1987, c. 45, Pt. A, §4 (new).]
B. This subsection does not apply to consumption or possession by bona fide hotel guests in their rooms.
[1993, c. 730, §14 (amd).]
[1993, c. 730, §14 (amd).]
3. Regulation of bottle clubs. Except as provided in paragraph A, municipalities may regulate the hours of operation of bottle clubs between the hours
of 1 a.m. and 6 a.m.
A. Municipalities may regulate the hours of operation of bottle clubs between the hours of 2 a.m. and 6 a.m. on January 1st.
[1987, c. 45, Pt. A, §4 (new).]
[1987, c. 45, Pt. A, §4 (new).]
4. Local option decisions govern. Except as provided in subsection 1, paragraph B and section 353, nothing in this section may be construed to allow the sale
of liquor in municipalities in violation of chapter 5.
[1991, c. 528, Pt. PP, §1 (amd); Pt. RRR (aff); c. 591, Pt. PP, §1 (amd).]
5. Illegal sales and purchases on Sunday. The following acts are prohibited.
A. No person, except a law enforcement officer in performance of his duties, may purchase liquor on Sunday during the hours
in which subsection 1 prohibits sales.
[1987, c. 45, Pt. A, §4 (new).]
B. No licensee or licensee's employee or agent may sell liquor on Sunday during the hours in which subsection 1 prohibits sales,
nor in any manner aid or assist in violating the law relating to Sunday sale of liquor.
[1987, c. 45, Pt. A, §4 (new).]
[1987, c. 45, Pt. A, §4 (new).]
6. Penalty. Any person who violates subsection 5 commits a Class E crime.
[1987, c. 45, Pt. A, §4 (new).]
7. License or right to sell on Sunday suspended or revoked.
[1987, c. 342, §14 (rp).]
8. License suspended during appeal of conviction.
[1987, c. 342, §14 (rp).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§14
(AMD).
PL 1991,
Ch. 528,
§PP1
(AMD).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 591,
§PP1
(AMD).
PL 1993,
Ch. 266,
§3
(AMD).
PL 1993,
Ch. 730,
§14
(AMD).
PL 1995,
Ch. 46,
§1
(AMD).
PL 1995,
Ch. 159,
§1
(AMD).
PL 2001,
Ch. 21,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §5. Prevailing time
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§5. Prevailing time
The hours referred to in this Title are the legal time prevailing in the State on the day of the sale or other activity.
[1987, c. 45, Pt. A, § 4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §6. Form of advertising restricted
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§6. Form of advertising restricted
1. Advertising form subject to bureau authorization. No person may advertise liquor within the State, except in the form specifically authorized by the bureau. Radio, television,
billboards, signs, newspapers, magazines and periodicals may carry advertising subject to the rules of the bureau.
[1997, c. 373, §23 (amd).]
2. Bureau may adopt rules governing advertising brand names in local option areas. The bureau may adopt rules restricting the advertising of any type of liquor by brand names during the period when such
sales are prohibited in any municipality that has voted in any particular local option election against the sale of all types
of liquor.
[1997, c. 373, §23 (amd).]
3. Use of picture or representation of State House prohibited. No person may use or display a picture or other form of representation of the State House for the advertising of liquor.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§23
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §7. Action not maintainable upon promise to pay for liquor
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§7. Action not maintainable upon promise to pay for liquor
1. No action maintainable for promises to pay for liquor. Except as provided in paragraph A, no action may be maintained upon any claim or demand, promissory note or other security
contracted or given for liquor sold in violation of any of the provisions of this Title, or for any liquor purchased out of
the State with intent to sell all or any part in violation of this Title.
A. This section does not apply to negotiable paper in the hands of a holder for a valuable consideration and without notice
of the illegality of the contract.
[1987, c. 45, Pt. A, § 4 (new).]
[1987, c. 45, Pt. A, § 4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §8. Entrances from premises
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§8. Entrances from premises
The bureau may grant written permission to a licensee to maintain entrances, doorways or other apertures leading directly
from the licensed premises.
[1997, c. 373, §24 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§24
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 28-A - §9. Separation of areas
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§9. Separation of areas
The bureau shall establish rules for the separation of areas where the license privilege may be exercised from areas where
it may not be exercised, but complete nonaccess between the areas controlled by the licensee need not be required.
[1997, c. 373, §24 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§24
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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