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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 19. AGENCY LIQUOR STORES (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §451. Agency liquor stores
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§451. Agency liquor stores
The bureau may license and regulate persons as agency liquor stores on an annual or temporary basis for the purposes of selling
liquor in sealed bottles, containers or original packages to be consumed off the premises.
[1997, c. 373, §44 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1993,
Ch. 509,
§2
(AMD).
PL 1997,
Ch. 373,
§44
(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 - §452. Rules governing agency liquor stores
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§452. Rules governing agency liquor stores
The bureau shall adopt rules for the selection, licensing and operation of agency liquor stores. These rules include, but
are not limited to, the following:
[1997, c. 373, §45 (amd).]
1. Location. Location of agency stores, subject to section 453;
[1987, c. 45, Pt. A, §4 (new).]
2. Storage facilities. Storage facilities for liquor;
[1987, c. 45, Pt. A, §4 (new).]
3. Handling and sale. The handling and sale of liquor;
[1987, c. 45, Pt. A, §4 (new).]
4. Hours. The hours of operation;
[1987, c. 45, Pt. A, §4 (new).]
5. Separation from other merchandise. The separation of liquor from other merchandise in the agency liquor stores;
[1987, c. 45, Pt. A, §4 (new).]
6. Size and nature of facilities. The size and nature of the facilities of agency liquor stores for different quantities of liquor to be sold; and
[1987, c. 45, Pt. A, §4 (new).]
7. Other. Any other rules necessary to carry out the purposes of this chapter.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§45
(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 - §453-A. Issuance of agency liquor store license
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§453-A. Issuance of agency liquor store license
The bureau shall issue a license for an agency liquor store within a municipality or unincorporated place by the following
procedure.
[1997, c. 373, §47 (amd).]
1. Bidding to replace state liquor stores.
[2001, c. 711, §3 (rp).]
1-A. Bidding to establish or replace agency liquor stores.
[2001, c. 711, §3 (rp).]
2. Public notice. The bureau shall, in accordance with the Maine Administrative Procedure Act, give public notice that an agency liquor store
may be established in a particular municipality or unincorporated place. The bureau shall request all parties in the municipality
or unincorporated place interested in a license to establish an agency liquor store there to submit applications to the bureau.
[2001, c. 711, §4 (amd).]
3. Information to applicants. The bureau shall provide all applicants with the necessary information for the establishment of an agency liquor store.
[1997, c. 373, §47 (amd).]
4. Notice to municipality. Upon receipt of all applications for an agency liquor store license in a municipality and at least 15 days before the final
selection of an applicant or applicants by the bureau, the bureau shall notify the municipal officers of that municipality
of the proposed location of each applicant.
[1997, c. 373, §47 (amd).]
5. Licensing decisions. The bureau shall conduct an investigation to determine the feasibility of the location and type of facility for the agency
liquor store and shall issue the license to one or more of the applicants, taking into consideration any factors the bureau
considers appropriate. When considering the issuance of a license, the bureau shall consider the proximity of the proposed
agency store to existing agency stores and the potential impact the location of the proposed agency store may have on an existing
agency store. The bureau may deny a license if the bureau determines the proposed agency store location is in too close proximity
to an existing agency store.
[2001, c. 711, §5 (amd).]
5-A. Hearings on applications. The bureau, in accordance with the provisions of the Maine Administrative Procedure Act, shall conduct a hearing to take
testimony, consider comment and deliberate on applications. In addition to giving any notice required by the Maine Administrative
Procedure Act, the bureau shall give notice of public hearing in writing to any existing agency liquor stores located within
5 miles of the applicant's proposed store location by regular mail at least 15 days prior to the hearing.
[1997, c. 373, §47 (amd).]
6. Denial of application. The bureau shall notify any applicant denied a license of the reasons for the denial by certified mail to the mailing address
given by the applicant in the application for an agency liquor store license.
[1997, c. 373, §47 (amd).]
7. Aggrieved applicants. Any applicant aggrieved by a decision made by the bureau may appeal the decision by filing an appeal with the District Court
and serving a copy of the appeal upon the bureau in accordance with the Maine Rules of Civil Procedure, Rule 80C. The appeal
must be filed and served within 30 days of the mailing of the bureau's decision.
[2001, c. 471, Pt. D, §26 (amd).]
8. Measurement of distance. All distances described in this section must be determined by the most reasonable direct route of travel.
[1993, c. 380, §6 (new).]
Section History:
PL 1991,
Ch. 622,
§K6
(NEW).
PL 1993,
Ch. 380,
§6
(AMD).
PL 1993,
Ch. 509,
§3,4
(AMD).
PL 1997,
Ch. 373,
§47
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 471,
§D26
(AMD).
PL 2001,
Ch. 711,
§3-5
(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 - §453-B. License fees
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§453-B. License fees
1. Agency liquor store.
[1993, c. 509, §5 (rp).]
2. Seasonal agency liquor stores.
[1993, c. 509, §5 (rp).]
div>
The initial license fee for an agency liquor store is $2,000 and the renewal fee for an annual license is $300.
[2001, c. 358, Pt. V, §2 (rpr).]
Section History:
PL 1991,
Ch. 622,
§K6
(NEW).
PL 1993,
Ch. 509,
§5
(RPR).
PL 2001,
Ch. 358,
§V2
(RPR).
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 - §453-C. Reselling agents
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§453-C. Reselling agents
1. Agent licensed to resell spirits purchased from the commission. An agent licensed to resell spirits and fortified wine purchased from the State to a retail licensee licensed for on-premises
consumption must be licensed as a reselling agent. An agent is prohibited from reselling liquor to a retail licensee licensed
for on-premises consumption except for spirits and fortified wine purchased from the commission or a state liquor store.
A reselling agent may not resell fortified wine purchased from wholesalers licensed to sell beer and wine in the State.
[2001, c. 711, §6 (new).]
2. License fee. The fee for a state license to resell spirits and fortified wine to a retail licensee licensed for on-premises consumption
is $50 annually.
[2001, c. 711, §6 (new).]
3. Off-site storage facility license. A licensed reselling agent may obtain a license to maintain an off-site facility for the storage of spirits as provided
in this subsection.
A. The off-site storage facility may be used only for the storage of spirits. The sales of spirits to an on-premises licensee
must be transacted at the licensed retail agency store.
[2003, c. 639, §1 (new).]
B. The off-site storage facility must be equipped with a security system providing 24-hour response.
[2003, c. 639, §1 (new).]
C. A licensed reselling agent may have only one off-site storage facility, which may not be located further than 30 miles from
the licensed retail agency store.
[2003, c. 639, §1 (new).]
D. The fee for an off-site storage facility license is $100 annually.
[2003, c. 639, §1 (new).]
[2003, c. 639, §1 (new).]
Section History:
PL 2001,
Ch. 711,
§6
(NEW).
PL 2003,
Ch. 639,
§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 - §453. Location of agency stores
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§453. Location of agency stores
1. Location requirements. The bureau may license an agency liquor store only when the following requirements are met.
A. The proposed agency liquor store is located in a municipality or unincorporated place that has voted in favor of the operation
of state liquor stores under local option provisions.
[1997, c. 373, §46 (amd).]
B.
[1993, c. 380, §1 (rp); §7 (aff).]
C.
[2001, c. 711, §2 (rp).]
D.
[2001, c. 711, §2 (rp).]
[2001, c. 711, §2 (amd).]
2. Replacement of state or agency liquor stores.
[2001, c. 711, §2 (rp).]
2-A. Replacement of state liquor stores or agency liquor stores. The bureau may license up to 6 agency liquor stores in a municipality with a population over 20,000 where a state liquor
store has been closed and up to 3 agency liquor stores in a municipality with a population of 20,000 or less where a state
liquor store has been closed. In addition, the bureau may establish one agency liquor store in a municipality where no state
liquor store has operated, and, if the population is over 3,000, the bureau may locate 2 stores within the municipality.
The bureau may consider the impact of seasonal population or tourism and other related information provided by the town requesting
a 2nd agency liquor store location.
A.
[2001, c. 711, §2 (rp).]
B.
[2003, c. 20, Pt. SS, §1 (rp); §8 (aff).]
[2003, c. 20, Pt. SS, §1 (rpr); §8 (aff).]
2-B. Requirement of at least one replacement agency liquor store before closing. A state liquor store may not be closed unless at least one replacement agency liquor store with a federal wholesale registration
and licensed as a reselling agent has been licensed within 10 miles of the state liquor store being closed or unless the director
of the bureau determines that reasonable alternative access is available to persons who previously purchased spirits from
the state liquor store being closed.
[2003, c. 20, Pt. SS, §2 (new); §8 (aff).]
3. Measurement of distances.
[1993, c. 380, §5 (rp); §7 (aff).]
4. Procedure for selection of agency liquor store location.
[1991, c. 622, Pt. K, §4 (rp).]
5. Aggrieved applicants.
[1991, c. 622, Pt. K, §5 (rp).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§22
(AMD).
PL 1989,
Ch. 502,
§B26-28
(AMD).
PL 1991,
Ch. 528,
§E34
(AMD).
PL 1991,
Ch. 528,
§RRR
(AFF).
PL 1991,
Ch. 591,
§E34
(AMD).
PL 1991,
Ch. 622,
§K3-5
(AMD).
PL 1993,
Ch. 380,
§1-5
(AMD).
PL 1993,
Ch. 380,
§7
(AFF).
PL 1997,
Ch. 373,
§46
(AMD).
PL 2001,
Ch. 711,
§2
(AMD).
PL 2003,
Ch. 20,
§SS1,2
(AMD).
PL 2003,
Ch. 20,
§SS8
(AFF).
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 - §454. Agency liquor store in former state liquor store location.
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§454. Agency liquor store in former state liquor store location.
Within 72 hours of opening for business, an agency liquor store, occupying premises previously occupied by a state liquor
store, shall remove all signs on the premises of that store which identify those premises as a state liquor store.
[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 - §455. Liquor for agency liquor stores
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§455. Liquor for agency liquor stores
1. Agency liquor store purchases. Agency liquor stores shall buy their liquor from the alcohol bureau under section 606.
[2003, c. 20, Pt. SS, §3 (new); §8 (aff).]
2. Monthly specials. The alcohol bureau may establish monthly specials for all agency liquor stores. The issuance of an agency liquor store
license and the operation of agency liquor stores licensed pursuant to this Part are governed by this chapter.
[2003, c. 20, Pt. SS, §3 (new); §8 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1991,
Ch. 376,
§51
(AMD).
PL 1997,
Ch. 373,
§48
(AMD).
PL 2003,
Ch. 20,
§SS3
(RPR).
PL 2003,
Ch. 20,
§SS8
(AFF).
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 - §456-A. Special seasonal agency liquor stores (REPEALED)
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§456-A. Special seasonal agency liquor stores (REPEALED)
Section History:
PL 1991,
Ch. 367,
§
(NEW).
PL 1991,
Ch. 622,
§K7
(AMD).
PL 1993,
Ch. 509,
§6
(RP ).
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 - §456. Special seasonal agency liquor stores (REPEALED)
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§456. Special seasonal agency liquor stores (REPEALED)
Section History:
MRSA ,
§T.28A SEC.4563
(RP ).
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1989,
Ch. 600,
§A17,18
(AMD).
PL 1989,
Ch. 600,
§A17,A18
(AMD).
PL 1989,
Ch. 930,
§
(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 - §457. Transfer of agency liquor store license
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§457. Transfer of agency liquor store license
If an agency liquor store license is transferred, the new licensee may operate the agency liquor store after notifying the
bureau of the transfer until a new agent is selected by the bureau.
[1997, c. 373, §49 (amd).]
Section History:
P&SL 1987,
Ch. 50,
§
(NEW).
PL 1987,
Ch. 342,
§23
(NEW).
PL 1987,
Ch. 623,
§6
(AMD).
PL 1997,
Ch. 373,
§49
(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 - §458. Renewal of agency liquor store license; selection of alternate licensee
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§458. Renewal of agency liquor store license; selection of alternate licensee
1. Application by store. The holder of an agency liquor store license shall apply annually to the bureau for renewal of that license. An application
for renewal must be submitted on a form prepared by the bureau.
[1997, c. 373, §50 (amd).]
2. Review by bureau. In reviewing applications for renewal submitted under subsection 1, the bureau shall consider the following criteria:
A. The applicant's sales and inventory of liquor;
[1991, c. 782, §1 (new).]
B. The applicant's sales and inventory of groceries and related items;
[1991, c. 782, §1 (new).]
C. Any changes in the interior selling location of the premises or renovations to the applicant's licensed premises;
[1999, c. 34, §1 (amd).]
D. Any customer complaints of poor service against the applicant's store;
[1991, c. 782, §1 (new).]
E. Any violations of liquor laws by the applicant; and
[1991, c. 782, §1 (new).]
F. Records of any bad checks rendered to the commission or bureau.
[1997, c. 373, §50 (amd).]
[1999, c. 34, §1 (amd).]
2-A. Review exemptions. Notwithstanding subsection 2, paragraph C, when considering an application for the renewal of an agency license, the bureau
may not consider minor changes to the placement of liquor inventory if the changes are not for the purposes of marketing beyond
those provided in law or agency rule or for increasing access by minors but are to address some other liquor placement issue
that is within the scope of the person's license.
[1999, c. 34, §2 (new).]
3. Rejection of application; selection of alternate licensee. If the bureau denies an application for renewal of an agency liquor store license, the bureau may select an alternate licensee
in accordance with the criteria set forth in sections 453, 453-A and 453-B. If the alternate licensee held an agency liquor
store license in the past, the bureau may consider any of the applicable criteria set forth in subsection 2 in considering
whether to license the alternate agency liquor store.
[1997, c. 373, §50 (amd).]
4. Purchase of store merchandise by State. If the bureau does not renew the agency liquor store license, the alcohol bureau shall purchase from the agency liquor store
all resalable spirits held in inventory by the agency liquor store. The purchase price is the cost at which that agency liquor
store purchased the spirits from the alcohol bureau, minus 10% of that cost.
[1997, c. 373, §50 (amd).]
5. Aggrieved applicant. Any agency liquor store licensee aggrieved by a decision of the bureau not to renew an agency liquor store license may appeal
the decision by filing an appeal with the District Court and serving a copy of the appeal on the bureau in accordance with
the Maine Rules of Civil Procedure, Rule 80C. The appeal must be filed and served within 30 days of notification of the agency
liquor store licensee by the bureau that the license will not be renewed.
[2001, c. 471, Pt. D, §27 (amd).]
Section History:
PL 1991,
Ch. 782,
§1
(NEW).
PL 1997,
Ch. 373,
§50
(AMD).
PL 1999,
Ch. 34,
§1,2
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 471,
§D27
(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 - §459. Delivery of liquor by agency liquor stores
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Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 2: STATE AND AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 19: AGENCY LIQUOR STORES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§459. Delivery of liquor by agency liquor stores
Agency liquor stores may deliver liquor to establishments that are licensed to serve liquor on premises.
[1993, c. 276, §1 (new).]
Section History:
PL 1993,
Ch. 276,
§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
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