 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 28-A. LIQUORS (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
Chapter : Chapter 45. LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING. PL 1987, c. 45, Pt. A, @4 (new))
|
|
Title 28-A - §1201-A. Transfer of spirits among certain licensees
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1201-A. Transfer of spirits among certain licensees
Notwithstanding section 606, subsection 1 and section 1201, subsection 3-A, if a business or corporation has multiple locations
in the State licensed to sell spirits for consumption off the premises, spirits may be transferred from one of those licensed
locations to another to facilitate the sale of those spirits. A licensee that transfers spirits from one location to another
in accordance with this section must notify the bureau of all transfers in advance on a form determined by the bureau. The
licensee shall maintain a record of all transfers made in accordance with this section.
[2003, c. 208, §1 (new).]
Section History:
PL 2003,
Ch. 208,
§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 - §1201. Issuance of licenses; stock of merchandise
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1201. Issuance of licenses; stock of merchandise
1. Licenses for sale of malt liquor and table wine. The bureau may issue licenses under this section for the sale and distribution of malt liquor or wine to off-premise retail
licensees, as defined in section 2, subsection 27, paragraph A.
[1997, c. 373, §105 (amd).]
2. Ineligible as licensee. The bureau may not issue a license for the sale of malt liquor or wine to any person who is not engaged in a bona fide retail
business other than the sale of malt liquor or wine at retail.
[1997, c. 373, §105 (amd).]
3. Cannot sell liquor to be consumed on the premises. No person licensed under this section may sell malt liquor or wine to be consumed on the premises.
[1987, c. 45, Pt. A, §4 (new).]
3-A. Sale of liquor for off-premise consumption to retailer prohibited. A person licensed under this section, or an agent or employee of the person, may not knowingly sell liquor to another retailer
licensed under this section for resale except as provided in section 606 and the rules adopted pursuant to section 82.
[1997, c. 373, §106 (amd).]
4. Licenses in unincorporated places where no local option vote is taken. Licenses in an unincorporated place, where no local option vote is taken under chapter 5, must be approved by the county
commissioners of the county.
[1987, c. 45, Pt. A, §4 (new).]
5. Qualifications. The bureau may not issue any licenses for new premises unless:
A. The premises have been in operation for a period of at least 3 months immediately before the date of the application; or
[1997, c. 373, §107 (amd).]
B. The applicant proves to the satisfaction of the bureau that all proper standards and requirements of laws and rules of the
bureau have been met and that the applicant is a resident of the State.
[1997, c. 373, §107 (amd).]
[1997, c. 373, §107 (amd).]
6. Stock of groceries or compatible merchandise required. All off-premise retail licensees must have and maintain:
A. An adequate stock of groceries fit for human consumption of at least $1,000 wholesale value;
[1987, c. 342, §103 (rpr).]
B. A stock of merchandise reasonably compatible with a stock of malt liquor or wine of at least $1,000 wholesale value; or
[1987, c. 342, §103 (rpr).]
C. A combination of both groceries fit for human consumption and compatible merchandise of at least $1,000 wholesale value.
[1987, c. 342, §103 (rpr).]
[1987, c. 342, §103 (rpr).]
7. Compatible merchandise. Each licensee shall display the groceries or compatible merchandise, or both, in the general sales area of the licensed premises,
except that foodstuffs and other consumable products used in the preparation of food and cut flowers and potted flowers are
not required to be displayed if they are stored elsewhere on the premises. Compatible merchandise:
A. Includes:
(1) Tobacco products;
(2) Newspapers;
(3) Greeting cards;
(4) Paper products;
(5) Cut flowers and potted flowers;
(5-A) Glasses, stemware, china and devices designed to open containers of wine and beer;
(6) A stock of foodstuffs and other consumable products used on the premises in the preparation of food for consumption on
or off the premises; and
(7) Other items equally compatible with a stock of malt liquor or wine; and
[2005, c. 193, §1 (amd).]
B. Does not include:
(1) Gasoline and oil;
(2) Used or new cars, parts or accessories; or
(3) Other items of stock that may be equally incompatible in nature.
[1987, c. 342, §104 (rpr).]
[2005, c. 193, §1 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§102-104
(AMD).
PL 1993,
Ch. 266,
§21
(AMD).
PL 1997,
Ch. 373,
§105-107
(AMD).
PL 2005,
Ch. 193,
§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 - §1202. Payment for sales in off-premise retailers
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1202. Payment for sales in off-premise retailers
1. Employees under 17. No employee under 17 years of age may accept payment for the sale of malt liquor or wine at the check-out counter of an
off-premise retail licensee's establishment.
[1993, c. 266, §22 (amd).]
2. Employees who are 17. An employee who is at least 17 years of age but less than 21 years of age may accept payment only in the presence of an
employee who is at least 21 years of age and is in a supervisory capacity.
[1997, c. 373, §108 (amd).]
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1993,
Ch. 266,
§22
(AMD).
PL 1997,
Ch. 373,
§108
(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 - §1203. License for florists and florist shops (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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1203. License for florists and florist shops (REPEALED)
Section History:
PL 1987,
Ch. 45,
§A4
(NEW).
PL 1987,
Ch. 342,
§105
(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 - §1204. Ship chandlers
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1204. Ship chandlers
1. Issuance of licenses. The bureau may issue licenses under this section for the sale of malt liquor and table wine to be consumed off the premises
to ship chandlers, as defined in section 2, subsection 15, paragraph S.
[1997, c. 373, §109 (amd).]
2. Conditions on sales. Ship chandlers may sell malt liquor and wine only to ships which are:
A. Not licensed as retail licensees; and
[1987, c. 342, §106 (new).]
B. Registered in another state or another country.
[1987, c. 342, §106 (new).]
[1987, c. 342, §106 (new).]
3. Exception to off-premise retail licensee requirements. Notwithstanding section 1201, a licensed ship chandler is not required to have or maintain a stock of groceries, compatible
merchandise or combination of both.
[1987, c. 342, §106 (new).]
Section History:
PL 1987,
Ch. 342,
§106
(NEW).
PL 1997,
Ch. 373,
§109
(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 - §1205. Taste testing of wine
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1205. Taste testing of wine
1. Taste testing on off-premise retail licensee's premises; fine wine stores. Subject to the conditions in subsection 2, the bureau may authorize an off-premise retail licensee, 50% or more of whose
gross income is derived from the sale of wine, malt liquor or spirits, or a fine wine store to conduct taste testings of wine
on that licensee's premises. Any other consumption of alcoholic beverages on an off-premise retail licensee's premises is
prohibited.
[1997, c. 683, Pt. A, §16 (rpr).]
2. Conditions on taste-testing activities. The following conditions apply to taste-testing activities under this section:
A. No wine may be served to persons who have not yet attained the age of 21 years;
[1989, c. 488 (new).]
B. No person may be served more than a total of 5 ounces of wine;
[1989, c. 488 (new).]
C. No person may be charged a fee for any wine served as part of a taste-testing activity;
[1989, c. 488 (new).]
D. No person may be served who is visibly intoxicated;
[1989, c. 488 (new).]
E. Taste testing is limited to a designated area;
[1997, c. 414, §2 (amd).]
F. Taste testing shall be conducted within the hours of retail sale established in this Title;
[1989, c. 488 (new).]
G. The retail licensee must obtain the written permission of the bureau before conducting any taste-testing activity;
[1997, c. 373, §111 (amd).]
H. A retail licensee may conduct no more than one taste testing per month;
[1989, c. 488 (new).]
I. Taste testing is not allowed in any municipality where on-premise and off-premise sales are not allowed pursuant to chapter
5;
[1989, c. 488 (new).]
J. The retail licensee must notify the Bureau of Liquor Enforcement of the date and time scheduled for an on-premise taste
testing; and
[1989, c. 488 (new).]
K. The retail licensee must purchase all wine served at a taste testing from a wholesale licensee.
[1989, c. 488 (new).]
[1997, c. 373, §111 (amd); c. 414, §2 (amd).]
div>
For the purposes of this section, "fine wine store" means a store that carries at least 250 different wine labels or carries
at least 125 different wine labels, holds a wine license only and meets the compatible merchandise requirement of section
1201, subsections 6 and 7.
[2005, c. 32, §1 (amd).]
Section History:
PL 1989,
Ch. 488,
§
(NEW).
PL 1995,
Ch. 30,
§4-6
(AMD).
PL 1997,
Ch. 373,
§110,111
(AMD).
PL 1997,
Ch. 414,
§1-3
(AMD).
PL 1997,
Ch. 683,
§A16
(AMD).
PL 2005,
Ch. 32,
§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 - §1206. Consumption prohibited on off-premise retail premises
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 2: RETAIL LICENSES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
Chapter 45: LICENSES FOR THE SALE OF LIQUOR TO BE CONSUMED OFF THE LICENSED PREMISES (HEADING: PL 1987, c. 45, Pt. A, @4 (new))
§1206. Consumption prohibited on off-premise retail premises
A person may not consume liquor on the premises of an off-premise licensee licensed under this chapter except as provided
in section 1205.
[1993, c. 266, §23 (new).]
Section History:
PL 1993,
Ch. 266,
§23
(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
|
|
|
|
