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USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 33. REVOCATION AND SUSPENSION (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
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Title 28-A - §801. Jurisdiction of District Court Judge
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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§801. Jurisdiction of District Court Judge
1. Jurisdiction. The District Court Judge, as designated in Title 5, chapter 375, shall conduct hearings on all matters concerning violations
by licensees and their agents or employees of any federal or state law or regulation relating to liquor or violations of any
rule adopted by the bureau. Notwithstanding Title 5, chapter 375, subchapter VI, the District Court Judge has exclusive jurisdiction
over all violations of this Title by licensees and their agents or employees when no criminal penalty is provided.
[1997, c. 373, §73 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Powers. The District Court Judge may suspend or revoke licenses of licensees and levy fines or civil forfeitures against licensees
and their agents or employees.
[1989, c. 526, §§5, 28 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1989,
Ch. 526,
§5,28
(AMD).
PL 1997,
Ch. 373,
§73
(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 - §802. Causes for revocation and suspension 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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§802. Causes for revocation and suspension of licenses
The District Court Judge may revoke or suspend licenses for the following causes:
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
1. Violation of law or infraction of rule. Violation of any federal or state law, rule or regulation relating to liquor or substantial infraction of any rule adopted
by the bureau.
A. This subsection does not require the District Court Judge to hold licensees who sold liquor to minors who furnished fraudulent
proof of age liable administratively;
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1997, c. 373, §74 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. False material statement. Knowingly making a false material statement of fact in the application for the license; and
[1987, c. 45, Pt. A, §4 (new).]
3. Failure to maintain requirements. Failure to have and maintain throughout the entire license period all of the requirements of definitions, laws and rules
necessary to qualify for a license.
A. For this offense the District Court Judge may suspend licenses for an indefinite period of time until the District Court
Judge is satisfied that the licensee has conformed to all qualifications required for licensing.
[1997, c. 373, §75 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1997, c. 373, §75 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§74,75
(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 - §803. Revocation or suspension procedure
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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§803. Revocation or suspension procedure
1. Violation of law or rule. Upon discovering a violation of federal or state law, rule or regulation relating to liquor, or an infraction of a rule
adopted by the bureau, the commissioner, or the commissioner's designee, shall:
A. Report the violation to the District Court Judge in a signed complaint; or
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. Issue warnings to the licensees involved.
[1987, c. 45, Pt. A, §4 (new).]
[2003, c. 451, Pt. T, §12 (amd).]
2. Notice and hearing. Except as provided under subsection 6, upon receipt of a signed complaint prepared under subsection 1, paragraph A, the
District Court Judge shall notify the licensee and hold a hearing according to the following procedures.
A. The District Court Judge shall notify the licensee by serving on the licensee a copy of the complaint and a notice stating
the time and place of the hearing and that the licensee may appear in person or by counsel at the hearing. Service of the
complaint and hearing notice is sufficient if sent by registered or certified mail at least 7 days before the date of the
hearing to the address given by the licensee at the time of the licensee's application for a license.
[1997, c. 373, §77 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. The District Court Judge shall conduct a hearing limited to the facts, the law and rules of the bureau, as specified in
the complaint.
[1997, c. 373, §77 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
C. The District Court Judge shall conduct the hearing in the following manner.
(1) The District Court Judge may subpoena and examine witnesses, administer oaths and subpoena and compel the attendance
of parents and legal guardians of unemancipated minors.
(a) The bureau shall pay to the witnesses the legal fees for travel and attendance, except that, notwithstanding Title 16,
section 253, the bureau is not required to pay the fees before the travel and attendance occur.
(2) Hearsay testimony is not admissible during the hearing. The licensees named in the complaint have the right to have all
witnesses testify in person at the hearing.
(3) The District Court Judge shall conduct hearings in one or more designated places that are the most convenient and economical
for all parties concerned in the hearing.
[1997, c. 373, §77 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
D. The District Court Judge shall state in writing the findings and decision in each case, based upon the facts, the law and
the rules of the bureau. The findings must specify the facts found and the law or rules found to be violated.
[1997, c. 373, §77 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1997, c. 373, §77 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2-A. Suspension or revocation decision. The District Court Judge shall issue the decision in writing within 12 days of the hearing.
[1987, c. 342, §53 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Suspension of penalty; place case on file. After hearing, the District Court Judge may:
A. Suspend a penalty; or
[1987, c. 45, Pt. A, §4 (new).]
B. Place a case on file instead of imposing any penalty.
[1987, c. 45, Pt. A, §4 (new).]
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner.
A. If a licensee is directly or indirectly interested in more than one license, suspensions apply only to the premise where
the violation occurs.
[1987, c. 45, Pt. A, §4 (new).]
B. If a licensee is interested directly or indirectly in more than one license, the District Court Judge may order that a revocation
apply to any of those premises.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
C. If the licensee is a corporation, the District Court Judge shall treat the officers, directors and substantial stockholders
as individuals.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
5. Term of suspension or revocation. Except as provided by section 802, subsection 3, suspensions must be for a definite period of time. If the District Court
Judge revokes a license, the District Court Judge shall specify that the bureau may not issue a license to the person whose
license is revoked for a period of not less than one nor more than 5 years from the date of revocation.
[1997, c. 373, §78 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
6. Warnings. Upon the written recommendation of the commissioner, or the commissioner's designee, the District Court Judge, instead of
notifying a licensee against whom a complaint is pending to appear for hearing, may send the licensee a warning. Warnings
must be sent by registered or certified mail and contain a copy of the complaint. A licensee to whom a warning is sent may
demand a hearing by notifying the District Court Judge by registered or certified mail within 10 days from the date the warning
was mailed.
[2003, c. 451, Pt. T, §13 (amd).]
7. License subsequent to violation. If violations by licensees occur in one year's license period and remain undiscovered or carry over into the next license
year, pending investigation or final disposition either in criminal courts or before the District Court Judge, any license
issued for a new license year subsequent to the violation may be suspended or revoked by the District Court Judge.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
8. Fines. Notwithstanding any other provisions of this Title, an District Court Judge may impose a fine of a specific sum, of not
less than $50 nor more than $1,500, for any one offense. Such a fine may be imposed instead of or in addition to any suspension
or revocation of a license by the court.
A. The District Court Judge shall maintain a record of all fines received by the court and shall pay the fines into the General
Fund by the 15th day of each month.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
9. Offer in compromise. Notwithstanding any other provisions of this Title, the District Court Judge may accept from any wholesale licensee or certificate
of approval holder under this Title an offer in compromise in lieu of suspension of any wholesale license or certificate of
approval suspended by the District Court Judge.
A. A wholesale licensee or certificate of approval holder may petition the District Court Judge to accept an offer in compromise
within 10 days following receipt of notice of the suspension.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
B. The fine in lieu of suspension, when an offer in compromise is accepted by the District Court Judge, shall be calculated
in accordance with the following formula:
(1) Fifty percent of the daily gross profit multiplied by the number of license suspension days. Daily gross profit shall
be determined to be 130 of the total gross receipts from the sale of liquor during the 30 business days immediately before
the date of receipt of the notice of the license suspension, less the invoice cost of the liquor which was sold by the wholesale
licensee or certificate of approval holder during those 30 business days;
(2) No such fine, in any event, shall be less than $75 for each day of license suspension; and
(3) The fine must not exceed $1,500 for any one offense.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
C. The wholesale licensee or certificate of approval holder shall pay the fine to the District Court within 5 days from the
date of the acceptance of the offer in compromise. The District Court Judge shall then pay the fine into the General Fund.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
D. If a wholesale licensee or certificate of approval holder fails to pay the fine in full within the time period allowed in
this subsection, the suspension of license or certificate of approval begins on the following day.
[1987, c. 45, Pt. A, §4 (new).]
E.
[1987, c. 342, §55 (rp).]
[1987, c. 342, §55 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§51-55
(AMD).
PL 1997,
Ch. 373,
§76-79
(AMD).
PL 1999,
Ch. 547,
§B78
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2003,
Ch. 451,
§T12,13
(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 - §804. Record of proceedings and transcript
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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§804. Record of proceedings and transcript
The District Court Judge shall keep a full and complete record of all proceedings on the revocation and suspension of any
license issued by the bureau. The District Court Judge is not required to have a transcript of the testimony prepared unless
required for rehearing or appeal.
[1997, c. 373, §80 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§80
(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 - §805. Appeal from decision of District Court Judge or bureau
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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§805. Appeal from decision of District Court Judge or bureau
1. Aggrieved person may appeal within 30 days. Any person aggrieved by the decision of the District Court Judge in revoking or suspending any license issued by the bureau
or by refusal of the bureau to issue any license applied for may, within 30 days of the decision or refusal, appeal to the
Superior Court by filing a complaint.
A. The 30-day period for appeal begins on:
(1) In the case of license revocation or suspension, the effective date of the suspension or revocation; or
(2) In the case of refusal by the bureau to issue a license, on the day when the bureau sends by registered or certified
mail notice to the applicant at the address of the applicant's business given in the applicant's application for a license.
[1997, c. 373, §82 (amd).]
B. Filing the complaint in the Superior Court stops the running of the limitation period.
[1987, c. 45, Pt. A, §4 (new).]
[1997, c. 373, §82 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Suspension or revocation suspended pending appeal. The operation of a suspension or revocation of a license imposed by the District Court shall be suspended, pending judgment
of the Superior Court, if the licensee files an appeal in the Superior Court and notifies the District Court that the appeal
has been filed, within 7 days of the mailing of the decision of the District Court by certified mail to the address given
by the licensee at the time of the application for a license.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
3. Superior Court hearing. The Superior Court shall fix a time and place for an immediate hearing and notify the District Court Judge of the hearing.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
4. Superior Court decision. After the hearing, the Superior Court may affirm, modify or reverse the decision of the District Court Judge.
[1987, c. 45, Pt. A, §4 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
5. Further appeal. An aggreived person may appeal the Superior Court decision to the Supreme Judicial Court. Upon appeal, the Supreme Judicial
Court may, after consideration, reverse or modify any decree made by the Superior Court based upon an erroneous ruling or
finding of law.
[1987, c. 45, Pt. A, §4 (new).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1997,
Ch. 373,
§81,82
(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 - §806. Records
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 33: REVOCATION AND SUSPENSION (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§806. Records
1. Limitation on maintenance of records. Except as provided in subsection 2, the bureau shall maintain a record of each violation, revocation or suspension for not
more than 5 years.
[1997, c. 373, §83 (amd).]
2. Records of Class A, B and C convictions. The bureau shall maintain records of convictions for Class A, B and C crimes for at least 5 years, and may maintain them
longer according to the policy of the bureau.
[1997, c. 373, §83 (amd).]
3. Notice of violators. The District Court clerk shall provide the bureau with the names and dates of final adjudication of all persons found in
violation of this Title or the rules of the bureau.
[1997, c. 373, §83 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1989,
Ch. 526,
§6,28
(AMD).
PL 1997,
Ch. 373,
§83
(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
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