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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 25. GENERAL PROVISIONS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §601-A. Examination of new applicants (REPEALED)
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§601-A. Examination of new applicants (REPEALED)
Section History:
PL 1989,
Ch. 526,
§2,28
(NEW).
PL 1997,
Ch. 373,
§52
(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 - §601. Eligibility
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§601. Eligibility
1. Eligibility qualifications. The bureau may not issue a license to an applicant unless that applicant meets the following qualifications.
A. If the applicant is an individual, the applicant must be:
(1) At least 21 years of age; and
(2) A citizen of the United States.
[1993, c. 730, §26 (amd).]
B. If the applicant is a partnership or association, each person having an interest in the partnership or association must
be:
(1) At least 21 years of age; and
(2) A citizen of the United States.
[1993, c. 730, §26 (amd).]
C. If the applicant is a corporation, it must be incorporated under the laws of the State or authorized to transact business
in the State.
[1987, c. 45, Pt. A, §4 (new).]
[1993, c. 730, §26 (amd).]
2. Disqualifications. The bureau may not issue a license to an applicant if:
A. Any of the principal officers of the corporation is not personally eligible because that officer has had a license for sale
of liquor revoked under chapter 33, if the applicant is a corporation;
[1997, c. 373, §51 (amd).]
B. The applicant held a license that was revoked for a specific period under chapter 33 and the applicant is applying for a
license within that period since revocation;
[1997, c. 373, §51 (amd).]
C. The applicant, who was not at the time of the offense the holder of a liquor license, was convicted of violating any laws
of the State or the United States with respect to manufacture, transportation, importation, possession or sale of liquor within
5 years of applying for the license. For the purposes of this paragraph, any person who sells liquor of a greater alcohol
content than authorized by that person's license is not considered the holder of a license;
[1997, c. 373, §51 (amd).]
D. The applicant was convicted of selling liquor illegally on Sunday while an employee or agent of a licensee within 5 years
of applying for the license;
[1987, c. 45, Pt. A, §4 (new).]
E. The applicant's license expired pending an appeal from conviction of illegally selling liquor on Sunday within 5 years of
applying for the license;
[1987, c. 45, Pt. A, §4 (new).]
F. A full-time law enforcement officer benefits financially either directly or indirectly;
[1995, c. 192, §1 (amd).]
G. The applicant was denied a license within the 6 months before the application was filed, unless the bureau's denial of the
license is overruled by the court under an appeal provided by section 805;
[1997, c. 373, §51 (amd).]
H. The applicant is the husband, wife, father, mother, child or other close relation of a person whose license or application
for a license for the same premises was revoked by the District Court Judge or denied by the bureau within the 6 months before
the application was filed;
[1997, c. 373, §51 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
I. The bureau determines that the purpose of the application is to circumvent the provisions of this section; or
[1997, c. 373, §51 (amd).]
J. The applicant is a golf club or a restaurant located on the property of a golf club and the Maine Human Rights Commission
has found reasonable grounds to believe that the golf club has denied membership to a person in violation of Title 5, chapter
337, subchapter V, and has determined that conciliation efforts under Title 5, chapter 337, section 4612, subsection 3 have
not succeeded. The Maine Human Rights Commission shall notify the bureau when the golf club has corrected its discriminatory
membership practices, after which the applicant ceases to be disqualified under this paragraph.
[1997, c. 373, §51 (amd).]
[1997, c. 373, §51 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1989,
Ch. 592,
§1,2
(AMD).
PL 1991,
Ch. 158,
§1-3
(AMD).
PL 1993,
Ch. 730,
§26
(AMD).
PL 1995,
Ch. 192,
§1
(AMD).
PL 1997,
Ch. 373,
§51
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(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 - §602. Notification of license expiration
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§602. Notification of license expiration
1. Seven-day grace period upon license expiration. Except as provided in subsection 3, a license holder who unintentionally fails to renew any license upon its expiration
date and continues to make sales of liquor is not chargeable with illegal sales under section 2078 for a period of 7 days
following the expiration date.
[1987, c. 45, Pt. A, §4 (new).]
2. Bureau must notify licensee of expiration. The bureau shall notify the licensee by the most expedient means available that the license has expired and all sales of
liquor must be suspended immediately and remain suspended until the license is properly renewed.
[1997, c. 373, §53 (amd).]
3. Illegal sales after expiration of grace period or after notice. A licensee that continues to make sales of liquor after having been properly notified of the expired license shall be charged
with illegal sales under section 2078.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§53
(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 - §603. Part-time 7-month license (REPEALED)
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§603. Part-time 7-month license (REPEALED)
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§24
(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 - §604. Display of licenses
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§604. Display of licenses
All licensees shall publicly display their licenses on the premises to which they apply.
[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 - §605. Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§605. Transfer of licenses; death; bankruptcy; receivership; guardianship; corporations
Except as otherwise provided in this section, no license or any interest in a license may be sold, transferred, assigned or
otherwise subject to control by any person other than the licensee. If the business, or any interest in the business, in
connection with which a licensed activity is conducted is sold, transferred or assigned, the license holder shall immediately
send to the bureau the license and a sworn statement showing the name and address of the purchaser. The bureau is not required
to refund any portion of the licensee fee if the license is surrendered before it expires.
[1997, c. 373, §54 (amd).]
1. Transfer within same municipality. Upon receipt of a written application, the bureau may transfer any retail liquor license from one place to another within
the same municipality. If the approval of the municipal officers was required for the original license, the transfer may
be made only with the approval of the municipal officers. No transfer may be made to premises for which the license could
not have been originally legally issued.
[1997, c. 373, §55 (amd).]
2. Death, bankruptcy or receivership. In the case of death, bankruptcy or receivership of any licensee, the executor or administrator of the deceased licensee
or the trustee or receiver of the bankrupt licensee or licensee in receivership may retain the license for the remaining term
of the license or transfer the license without additional fee.
A. Personal representatives, receivers or trustees may operate the premises themselves or through a manager for a year from
the date of their appointment for the benefit of the estate.
(1) The license must be renewed upon the expiration date at the regular license fee.
(2) If the license or renewed license is not transferred within one year from the date of appointment, it becomes void and
must be returned to the bureau for cancellation.
(3) Any suspension or revocation of the license by the District Court Judge for any violation applies against both the manager
and the personal representative, receiver or trustee.
(4) No personal representative, receiver, trustee or duly appointed manager may operate under the license unless approved
by the bureau.
[1997, c. 373, §56 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. If a licensee dies, the following persons, with the written approval of the bureau, may continue the operation of the license
for not more than 60 days pending appointment of a personal representative of the estate:
(1) The surviving spouse;
(2) A person who has filed a petition for appointment as executor or administrator for the estate of the deceased licensee;
(3) Any sole heir of the deceased licensee; or
(4) Any person designated by all of the heirs of the deceased licensee.
[1997, c. 373, §56 (amd).]
C. When no administration of the estate of a deceased licensee is contemplated, the surviving spouse or person designated by
all of the heirs of the deceased licensee may take over the license under the same conditions as are provided for operation
and transfer by executors and administrators.
[1987, c. 45, Pt. A, § 4 (new).]
[1997, c. 373, §56 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2-A. Transfer to surviving spouse or designated heir. When the term of the license of a deceased licensee expires, the bureau shall transfer the license for the existing location
to the surviving spouse or a designated heir of the deceased licensee if the surviving spouse or designated heir submits a
request for the transfer of that license at least 60 days prior to the expiration of the license. The bureau may deny the
transfer of the license if the surviving spouse or designated heir does not meet all of the eligibility requirements for that
license set forth in this chapter. If both the surviving spouse and the designated heir request transfer of the license,
the bureau shall reissue the license by the same process used if no surviving spouse or designated heir requested that the
license be transferred.
[2001, c. 711, §7 (new).]
3. Guardians and conservators. Duly appointed and qualified guardians and conservators of the estate of a licensee may take over, operate and renew licenses
of their wards during their term of office if they or their managers are approved by the bureau.
A. Guardians and conservators, except in the case of off-premise retail licensees approved by the municipal officers in their
municipality, may not transfer their wards' licenses and must renew licenses each year.
[1987, c. 45, Pt. A, §4 (new).]
B. Penalties for violations apply to both guardians or conservators and their managers in the same manner as executors or administrators
and their managers in subsection 2.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §57 (amd).]
4. Sale of stock of a corporate licensee. Any sale or transfer of stock of a corporate licensee which results in the sale or transfer of more than 10% of the shares
of stock of the corporate licensee shall be considered a transfer within the meaning of this section and a new license must
be purchased.
[1987, c. 342, §26 (amd).]
5. Incorporation of licensee's business. The incorporation of a licensee's business or a change in the form of incorporation of a licensee's business are transfers
within the meaning of this section. This subsection does not apply to agency liquor stores as long as the licensed agent
retains control of the corporate stock.
[1987, c. 623, §7 (amd).]
6. Change in partnership. Addition or deletion of a partner in a partnership is a transfer within the meaning of this section.
[1987, c. 342, §27 (new).]
7. Corporate merger or acquisition. The merger or acquisition of a licensee which is incorporated is a transfer within the meaning of this section.
[1987, c. 342, §27 (new).]
8. Application. This section does not apply to certificate of approval holders.
[1987, c. 623, §7 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§25-27
(AMD).
PL 1987,
Ch. 623,
§7
(AMD).
PL 1987,
Ch. 769,
§A113
(AMD).
PL 1997,
Ch. 373,
§54-57
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 711,
§7
(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 - §606. Liquor bought from commission; sale to government agencies
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§606. Liquor bought from commission; sale to government agencies
1. Purchase of liquor. Subject to the restrictions provided in subsection 1-A, a person licensed to sell spirits must purchase liquor from a state
or agency liquor store. This subsection does not apply to public service corporations operating interstate.
A.
[1993, c. 276, §2 (rp).]
[1993, c. 276, §2 (rpr).]
1-A. On-premises licensees; purchase from agency store. A person licensed to sell spirits for consumption on the premises shall purchase spirits from an agency liquor store only
in accordance with this subsection.
A. The sale price of spirits sold to a licensee under this subsection must equal the price for which a licensee would purchase
liquor at a state store. Beginning November 30, 2003, the sale price of spirits sold to an establishment licensed for on-premises
consumption must equal the price established by the alcohol bureau.
[2003, c. 20, Pt. SS, §5 (amd); §8 (aff).]
B. Upon completion of a transaction, the agency liquor store and the on-premise licensee shall each retain a copy of the licensee
order form.
[1993, c. 276, §3 (rpr).]
C.
[1993, c. 276, §3 (rp).]
D.
[1993, c. 276, §3 (rp).]
[2003, c. 20, Pt. SS, §5 (amd); §8 (aff).]
1-B. Price of sales to agency liquor stores.
[1997, c. 24, Pt. L, §1 (rp).]
1-C. Price of state liquor sales to licensees. The commission may offer discounts below the list price to licensees.
[1997, c. 24, Pt. L, §2 (new).]
2. On-premise retailers must report purchases. All persons licensed to sell liquor to be consumed on the premises shall report all liquor purchases to the commission on
forms provided by the commission.
[1987, c. 45, Pt. A, §4 (new).]
3. Prospective licensees may order liquor in advance. Upon approval of the bureau, persons who have been issued a license, effective at a future date, may order liquor in advance
of the effective date of the license and may advertise the effective date.
[1997, c. 373, §58 (amd).]
4. Discount for agency liquor stores. The alcohol bureau shall sell spirits and fortified wines to agency liquor stores for a price of at least 8% less than the
list price established for the state liquor stores. Beginning November 30, 2003, the alcohol bureau shall set the price of
spirits and fortified wine at a minimum discount of 9% of the list price.
[2003, c. 20, Pt. SS, §6 (amd); §8 (aff).]
5. Sale to government instrumentalities. The alcohol bureau may authorize the sale of spirits to government instrumentalities within the State approved by the bureau.
The alcohol bureau shall set the price.
[1997, c. 373, §58 (amd).]
6. Sale to airlines and ferry services for consumption outside the State. The alcohol bureau may authorize the sale of spirits not for consumption within the State to airlines and ferry services
or their agents as authorized by the bureau. The alcohol bureau shall set the price.
[1997, c. 373, §58 (amd).]
7. Premium must be collected. Nothing in this section permits the sale of spirits without collecting the entire premium assessed under chapter 65.
[1997, c. 373, §58 (amd).]
8. Limits on price. An agency liquor store shall sell all spirits and fortified wine purchased from the commission at the retail price established
by the commission.
[2001, c. 711, §8 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§28,29
(AMD).
PL 1991,
Ch. 227,
§1,2
(AMD).
PL 1991,
Ch. 376,
§52
(AMD).
PL 1991,
Ch. 622,
§K8
(AMD).
PL 1991,
Ch. 791,
§2
(AMD).
PL 1991,
Ch. 824,
§A57
(AMD).
PL 1993,
Ch. 276,
§2,3
(AMD).
PL 1995,
Ch. 53,
§1
(AMD).
PL 1997,
Ch. 24,
§L1-4
(AMD).
PL 1997,
Ch. 373,
§58
(AMD).
PL 2001,
Ch. 711,
§8
(AMD).
PL 2003,
Ch. 20,
§SS5,6
(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 - §607. Licensees closed in case of riots, hurricanes or floods
head>
Title 28-A: LIQUORS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Part 3: LICENSES FOR SALE OF LIQUOR (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Subpart 1: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 25: GENERAL PROVISIONS (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§607. Licensees closed in case of riots, hurricanes or floods
The Governor or the bureau may, in cases of riots, hurricanes and floods, order any or all licensees not to sell any liquor.
[1997, c. 373, §59 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§59
(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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