Maine § 28-A §161 Bottle clubs

Maine Statutes

§ 28-A §161 — Bottle clubs

Maine·Title 28-A LIQUORS·Part 1 GENERAL PROVISIONS·Ch. 7 BOTTLE CLUBS

1.Registration. Each bottle club, as defined in section 2, subsection 3, shall register annually with the bureau on forms provided by the bureau. Registration consists of submission of the information required in paragraph A and payment of the registration fee established in paragraph B. 1-A. Eligibility qualifications. The bureau may not register a bottle club unless each owner or operator of the bottle club meets the eligibility qualifications under section 601, subsection 1. 1-B. Disqualification. The bureau may not register a bottle club if the bureau determines that: 1-C. Penalty for operation after denial. Notwithstanding subsection 1, paragraph C, a person who operates a bottle club after receipt of notice of denial of registration under subsection 1‑B commits a Class D crime. Viol

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1.
Registration.
Each bottle club, as defined in section 2, subsection 3, shall register annually with the bureau on forms provided by the bureau. Registration consists of submission of the information required in paragraph A and payment of the registration fee established in paragraph B.
1-A.
Eligibility qualifications.
The bureau may not register a bottle club unless each owner or operator of the bottle club meets the eligibility qualifications under section 601, subsection 1.
1-B.
Disqualification.
The bureau may not register a bottle club if the bureau determines that:
1-C.
Penalty for operation after denial.
Notwithstanding subsection 1, paragraph C, a person who operates a bottle club after receipt of notice of denial of registration under subsection 1‑B commits a Class D crime. Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.
2.
Charges and fees.
Charges paid by the bottle club's members or the general public for membership, admission, food, mixers or other supplies used with liquor or storage or handling of liquor belonging to members or the general public are not sales, as defined in this Title, or gifts.
3.
Minors on the premises.
3-A.
Minors on premises.
A bottle club may not allow a minor not employed by the bottle club or not accompanied by the minor's parent, guardian or custodian, as defined in Title 22, section 4002, to remain on the bottle club premises, except on occasions when liquor is prohibited on the bottle club premises. The following penalties apply to violations of this subsection.
3-B.
Employment of minors.
A bottle club may employ minors only if an employee of legal drinking age or older is present in a supervisory capacity.
4.
Consumption or possession on premises.
A bottle club may not permit consumption or possession of imitation liquor on the bottle club premises by minors. A bottle club may not permit consumption of liquor on the bottle club premises by minors or visibly intoxicated persons. The following penalties apply to violations of this subsection.
5.
Violation of state law.
A bottle club may not knowingly allow any violation of any state law on the bottle club premises to occur or continue. The following penalties apply to violations of this subsection.
6.
Jurisdiction.
The District Court has jurisdiction over the civil violations, defined in this section, under Title 17‑A, section 9.
7.
Right of access.
A bottle club shall allow law enforcement officers to enter the bottle club premises at reasonable times for the purpose of investigating compliance with this Title.

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Legislative History

PL 1987, c. 45, §A4 (NEW). PL 1989, c. 816, §§1,2 (AMD). PL 1993, c. 266, §4 (AMD). PL 1993, c. 730, §§23,24 (AMD). PL 1997, c. 373, §§33-35 (AMD). PL 2003, c. 451, §T10 (AMD). PL 2003, c. 452, §P1 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 510, §E5 (AMD). PL 2021, c. 658, §64 (AMD).