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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 3-A. ADMINISTRATION AND ORGANIZATION (HEADING. PL 1997, c. 373, @28 (new))
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Title 28-A - §81. State Liquor and Lottery Commission
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§81. State Liquor and Lottery Commission
1. Oversight of Bureau of Alcoholic Beverages and Lottery Operations. The commission shall monitor the operation of the alcohol bureau in its administration of the laws relating to the sale
of spirits and fortified wine.
[1999, c. 535, §3 (amd).]
2. Advice. The commission shall advise the director of the alcohol bureau regarding the administration of the functions of the alcohol
bureau. The commission may advise the Governor and the Legislature regarding issues relating to the operation of the alcohol
bureau and the administration of the laws relating to the sale of spirits and fortified wine.
[1999, c. 535, §3 (amd).]
3. Listing of items. The commission shall determine which items may be listed for sale in the State. Products listed must be made available
by the supplier at a warehouse designated by the commission.
[1997, c. 373, §28 (new).]
4. Notice to delist or stop purchases. Before any item listed by the commission is discontinued or delisted or before the commission issues any order to stop purchases
of any item listed, the commission shall give the vendor of the items reasonable written notice of its intention to delist
or stop purchase of the items.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(NEW).
PL 1999,
Ch. 535,
§3
(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 - §82-A. Enforcement of licensing
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§82-A. Enforcement of licensing
1. Authority. In addition to any authority a law enforcement officer has to enforce the laws, a law enforcement officer may, subject to
subsections 2 and 4, enforce this Title or the rules adopted pursuant to this Title against violations that may result in
an administrative sanction against a licensee or the licensee's agents or employees.
[2005, c. 139, §4 (new).]
2. Commissioner. The commissioner may by agreement, with the consent and approval of the affected law enforcement agency, designate the law
enforcement agency's officers to exercise the enforcement authority identified in subsection 1.
[2005, c. 139, §4 (new).]
3. Contract officers. The commissioner may appoint contract officers for the purpose of enforcing this Title and the rules adopted pursuant to
this Title against specific violations that may result in an administrative sanction against a licensee, or the licensee's
agents or employees.
[2005, c. 139, §4 (new).]
4. Limitation. The commissioner may limit the authority granted by this section to specific sections of this Title and rules adopted pursuant
to those sections.
[2005, c. 139, §4 (new).]
Section History:
PL 2005,
Ch. 139,
§4
(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 - §82. Bureau of Liquor Enforcement
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§82. Bureau of Liquor Enforcement
The bureau shall establish policies and rules concerning the administration and the enforcement of the liquor laws under its
jursidiction. The bureau shall:
[1997, c. 373, §28 (new).]
1. General supervision. Enforce the laws relating to the manufacture, importation, storage, transportation and sale of all liquor and administer
those laws relating to licensing and the collection of taxes on malt liquor and wine;
[1997, c. 373, §28 (new).]
2. Rules. Adopt rules consistent with this Title or other laws of the State for the administration, clarification, execution and enforcement
of all laws concerning liquor and to prevent violations of those laws. Rules adopted under this section are routine technical
rules pursuant to Title 5, chapter 375, subchapter II-A. The observance of these rules is a condition precedent to the issuing
or renewing of any license to sell liquor. The rules adopted by the commission before May 1, 1993 are deemed adopted by the
bureau;
[1997, c. 373, §28 (new).]
3. Licensing. Issue and renew all licenses as provided by this Title and hold licensing hearings;
[1997, c. 373, §28 (new).]
4. Prevent sale to minors and others. Prevent the sale of liquor by licensees to minors and intoxicated persons;
[1997, c. 373, §28 (new).]
5. Appeals. Review all appeals from the decisions of municipal officers. The commissioner may conduct appeal hearings or appoint a
hearings officer to conduct appeal hearings. Except as provided in section 805, the decision of the commissioner is final.
The commissioner or the hearings officer may conduct hearings in any licensing matter pending before the bureau. If a hearings
officer conducts the hearing, the hearings officer, after holding the hearing, shall file with the bureau all papers connected
with the case and report the findings to the commissioner. The commissioner shall render a final decision based upon the
record of the hearing.
The commissioner or the hearings officer may administer oaths and issue subpoenas for witnesses and subpoenas duces tecum
to compel the production of books and papers relating to any license question in dispute before the bureau or to any matter
involved in a hearing. Witness fees in all proceedings are the same as for witnesses before the Superior Court and must be
paid by the bureau, except that, notwithstanding Title 16, section 253, the bureau is not required to pay the fees before
the travel and attendance occur;
[2003, c. 451, Pt. T, §9 (amd).]
6. Food service organizations. Adopt rules permitting food service organizations that cater to passengers on international flights and cruises to purchase
wine and malt liquor from wholesale outlets or distributors as long as the wine and malt liquor are resold for consumption
during international travel. Food service organizations include ship chandlers as long as the wine and malt liquor are resold
to vessels of foreign registry for consumption after those vessels have left port. Food service organizations are not subject
to section 2, subsection 15;
[1997, c. 373, §28 (new).]
7. Recommend revocation of licenses. Recommend to the District Court that it suspend or revoke, in accordance with sections 802, 803 and 1503, any license issued
pursuant to this Title or the rules adopted under this Title;
[1997, c. 373, §28 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
8. Publish laws and rules. Publish a compilation containing this Title, other laws concerning liquor and all rules adopted under this Title every 4
years.
A. The bureau shall supply a copy of the compilation to every new licensee at no charge.
[1997, c. 373, §28 (new).]
B. The bureau shall notify all licensees of changes in the law and rules within 90 days of adjournment of each regular session
of the Legislature.
(1) The bureau shall supply a copy of the new laws and rules at no charge when requested by licensees.
(2) The bureau shall supply a copy of the new laws and rules to persons other than licensees for a reasonable fee.
[1997, c. 373, §28 (new).]
C. The bureau may charge a reasonable fee for the compilation to cover the cost of producing the compilation to persons other
than licensees; and
[1997, c. 373, §28 (new).]
[1997, c. 373, §28 (new).]
9. Certification. Certify monthly to the Treasurer of State and the Commissioner of Administrative and Financial Services a complete statement
of revenues and expenses for licenses issued and for revenues collected by the bureau and submit, in conjunction with the
alcohol bureau, an annual report that includes a complete statement of the revenues and expenses for the alcohol bureau and
the bureau to the Governor and the Legislature, together with recommendations for changes in this Title.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(NEW).
PL 1997,
Ch. 571,
§1
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2003,
Ch. 451,
§T9
(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 - §83. Bureau of Alcoholic Beverages and Lottery Operations
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§83. Bureau of Alcoholic Beverages and Lottery Operations
1. Bureau of Alcoholic Beverages and Lottery Operations; rules. Until the effective date of the privatization of the entire wholesale liquor business authorized by section 88, the alcohol
bureau shall manage the sale, distribution and merchandising of spirits and fortified wine through state liquor stores, agency
liquor stores and licensees. The alcohol bureau may establish rules and procedures for the administration of the state liquor
laws under its jurisdiction. The rules adopted under this section are routine technical rules pursuant to Title 5, chapter
375, subchapter 2-A. The day-to-day activities of the alcohol bureau are under the supervision of the Commissioner of Administrative
and Financial Services and the director of the alcohol bureau.
[2003, c. 20, Pt. LLL, §1 (amd); §4 (aff).]
2. Purchase. Until the effective date of the privatization of the wholesale liquor business authorized by section 88, the alcohol bureau
may buy and have in its possession spirits and fortified wine for sale to the public. The alcohol bureau shall buy spirits
directly and not through the State Purchasing Agent. All spirits and fortified wine must be free from adulteration and misbranding.
[2003, c. 20, Pt. LLL, §1 (amd); §4 (aff).]
3. Sell at retail. The alcohol bureau may sell at retail in state liquor stores in original packages, either over the counter or by shipment
to points within the State, spirits of all kinds and fortified wine for consumption off the premises of state liquor stores
operated under the direction of the alcohol bureau.
[1999, c. 535, §4 (amd).]
4. Enter into contracts. Subject to any applicable laws relating to public contracts, the alcohol bureau may enter into contracts or agreements and
establish contract performance standards for the wholesale purchase of spirits and fortified wine.
[1999, c. 535, §4 (amd).]
5. Investigate and recommend changes. The alcohol bureau shall carry out a continuous study and investigation of the sale of alcoholic beverages throughout the
State and the operation and administration of state activities and recommend to the Commissioner of Administrative and Financial
Services any changes in the laws or rules and methods of operation that are in the best interest of the State.
[1997, c. 373, §28 (new).]
6. Certification; annual report. The alcohol bureau shall certify monthly to the Treasurer of State, the commission and the Commissioner of Administrative
and Financial Services a complete statement of the revenues and expenses for liquor sales for the preceding month. The alcohol
bureau shall make an annual report to the Governor of its activities and of the amount of liquor license fees collected by
the bureau, together with other information it considers advisable or that the Governor requires.
[1997, c. 373, §28 (new).]
7. Public meetings. The alcohol bureau and the commission may hold public meetings each year at various locations within the State for the purpose
of outlining operations under the liquor laws, receiving suggestions and disseminating information to the public.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(NEW).
PL 1999,
Ch. 535,
§4
(AMD).
PL 2003,
Ch. 20,
§LLL1
(AMD).
PL 2003,
Ch. 20,
§LLL4
(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 - §84. Director of Bureau of Alcoholic Beverages and Lottery Operations
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§84. Director of Bureau of Alcoholic Beverages and Lottery Operations
The director of the alcohol bureau or the director's designee shall:
[1997, c. 373, §28 (new).]
1. Manage sale of spirits and fortified wine. Manage the sale of spirits and fortified wine through state liquor stores, agency liquor stores and licensees in accordance
with applicable laws and rules that provide for the operation of wholesale distribution of spirits and fortified wine;
[RR 1999, c. 2, §29 (cor).]
2. Act as chief administrative officer of alcohol bureau. Act as chief administrative officer of the alcohol bureau, having general charge of the office and records and employ such
personnel as necessary to fulfill the purpose of this Title. The personnel must be employed with the approval of the Commissioner
of Administrative and Financial Services and are subject to the Civil Service Law;
[1997, c. 373, §28 (new).]
3. Act as executive secretary. Act as executive secretary of the commission;
[1997, c. 373, §28 (new).]
4. Confer with commissioner. Confer regularly as necessary or desirable and not less than once a month with the Commissioner of Administrative and Financial
Services on the operation and administration of the alcohol bureau and make available for inspection by the Commissioner of
Administrative and Financial Services, upon request, all books, records, files and other information and documents of the
alcohol bureau; and
[1997, c. 373, §28 (new).]
5. Certification. Certify monthly to the Treasurer of State and the Commissioner of Administrative and Financial Services a complete statement
of revenues and expenses for liquor sales for the preceding month and submit, in conjunction with the alcohol bureau, an annual
report that includes a complete statement of the revenues and expenses for the alcohol bureau and the bureau to the Governor
and the Legislature, together with recommendations for changes in this Title.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(NEW).
PL 1999,
Ch. 535,
§5
(AMD).
RR 1999,
Ch. 2,
§29
(COR).
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 - §85. Inventory and working capital
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§85. Inventory and working capital
1. Net profits are general revenue. The net profits of the alcohol bureau from operations pursuant to this Title are general revenue of the State.
[1997, c. 373, §28 (new).]
2. Inventory. The alcohol bureau may keep and have on hand a stock of spirits and fortified wine for sale, the value of which, when priced
for resale must be computed on the delivered case cost F.O.B. liquor warehouse designated by the commission filed by liquor
suppliers. The inventory value must be based upon actual cost for which payment may be due and may not at any time exceed
the amount of working capital authorized. Spirits and fortified wine may not be considered in the inventory until payment
has been made for them.
[1997, c. 373, §28 (new).]
3. Authorized working capital. The maximum permanent working capital of the alcohol bureau for operations pursuant to this Title is established at $1,000,000
per fiscal year and permanent advances up to this amount may be authorized by the Governor upon recommendation of the director
of the alcohol bureau with the approval of the Commissioner of Administrative and Financial Services. The permanent working
capital of the alcohol bureau may be supplemented by temporary loans from other state funds upon recommendation of the director
of the alcohol bureau and by approval of the Commissioner of Administrative and Financial Services and the Governor.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(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 - §86. Conflict of interest
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§86. Conflict of interest
In addition to the limitations set forth in Title 5, section 18, any member of the commission or any employee of the commission,
the bureau or the alcohol bureau may not accept directly or indirectly any samples, gratuities, favors or anything of value
from a manufacturer, wholesaler, wholesale licensee or retail licensee or any representative of a manufacturer, wholesaler,
wholesale licensee or retail licensee under circumstances that may reasonably be construed as influencing or improperly relating
to past, present or future performance of official duties.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(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 - §87. Eligibility of employees
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§87. Eligibility of employees
A person is not eligible for employment with the alcohol bureau or the bureau if that person:
[1997, c. 373, §28 (new).]
1. Interest in corporation. Has any official, professional or other connection with or owns any stock in a corporation interest either directly or indirectly
in the manufacture or sale of liquor; or
[1997, c. 373, §28 (new).]
2. Violation of state or federal law. Has been convicted or adjudicated guilty of violating any state or federal law regulating the manufacture, sale or transportation
of liquor.
[1997, c. 373, §28 (new).]
Section History:
PL 1997,
Ch. 373,
§28
(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 - §88. Transfer of wholesale liquor activities
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 3-A: ADMINISTRATION AND ORGANIZATION (HEADING: PL 1997, c. 373, @28 (new))
§88. Transfer of wholesale liquor activities
1. Statement of purpose. The Legislature finds that it is in the public interest to seek efficiencies and cost savings from privatizing the State's
wholesale liquor business. Privatization may include the grant of one or more exclusive service territories in which a private
sector entity has the exclusive right to distribute certain spirits subject to price regulation by the alcohol bureau.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
2. Authority. The Commissioner of Administrative and Financial Services may enter into a contract for the sale, franchise, license or
lease of and may sell, franchise, license or lease the State's wholesale liquor activities associated with distributing and
selling spirits and fortified wines sold by the State on January 1, 2003. The buyer, franchisee, licensee or lessee may sell
and distribute to licensed agency liquor stores all spirits and fortified wines sold by the State on January 1, 2003.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
3. Member of legislative committee of jurisdiction to participate. A member of the joint standing committee of the Legislature having jurisdiction over alcoholic beverages matters appointed
by the committee's chairs must be included in meetings held by the Commissioner of Administrative and Financial Services regarding
developing a request for proposal to transfer the wholesale liquor business, reviewing bids received and awarding the contract.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
4. Bidding procedures. The Commissioner of Administrative and Financial Services shall adopt rules to effect the transfer of the State's wholesale
liquor business to a private entity. The rules must include:
A. A finding by the Commissioner of Administrative and Financial Services setting forth the method of transfer that promotes
the Legislature's intent in enacting this section;
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
B. Procedures designed to encourage vigorous bidding for the State's wholesale liquor business;
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
C. Criteria for eligibility for service as a wholesale liquor provider. For purposes of this section, "wholesale liquor provider"
means an entity or entities contracted by the State as an agent of the State for the purpose of providing wholesale spirits
and fortified wine to establishments licensed by the State to sell spirits and fortified wine for off-premises consumption;
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
D. Criteria for eligibility as a wholesale liquor provider, which must include a commitment to offer split cases of spirits
and fortified wine to licensed agents and a commitment to provide timely delivery of spirits and fortified wine to all agents,
particularly those located in geographically remote areas of the State;
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
E. A plan for the continued employment of state employees in the wholesale liquor business in the State for a period of 2 years
from the date of privatization; and
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
F. Any rules that the Commissioner of Administrative and Financial Services determines are consistent with the Legislature's
intent.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
5. Price regulation. The alcohol bureau shall regulate the wholesale and retail prices of all liquor sold by private entities under this section.
The alcohol bureau shall adopt rules for the effective implementation of price regulation of the wholesale and retail liquor
business by January 1, 2004. A private entity awarded the exclusive right to distribute liquor pursuant to this section is
immune from antitrust action so long as the entity is in compliance with the alcohol bureau's rules and all other applicable
laws and regulations.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
6. Limitation on conveyences of rights. The State may not convey or assign to private entities any rights in the distilled spirits business that extend beyond June
30, 2014. Any renewal of such rights is subject to approval of the Legislature. This section does not affect the State's
continuing right to collect the alcohol premium tax, sales taxes or income taxes arising from the sale of distilled spirits
and fortified wines.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
7. Rules. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2003, c. 20, Pt. LLL, §2 (new); §4 (aff).]
Section History:
PL 2003,
Ch. 20,
§LLL2
(NEW).
PL 2003,
Ch. 20,
§LLL4
(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
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