Title 28-A, Title 28-A

1. Prohibition. Except as provided in subsection 2, section 1403‑A or section 2073‑E, a person may not transport malt liquor, wine or low-alcohol spirits products into the State or cause malt liquor, wine or low-alcohol spirits products to be transported into the State. 2. Except…

1. Prohibition. Except as provided in subsection 2 and section 2073‑E, a person may not transport within the State more than 400 fluid ounces of malt liquor, more than 4 liters of wine and more than 4 liters of low-alcohol spirits products unless the malt liquor, wine or low-alco…

1. Bureau may authorize importation and in-state transportation of liquor for special purposes. Notwithstanding any provision of law to the contrary, the bureau may grant a permit authorizing the transportation of liquor into and within the State to the following persons for the …

1. Transportation on-premises or off-premises. Except as provided in section 1051, section 1075‑A, subsection 3 or section 1080, a person that transports liquor onto or off of the premises of an on-premises retail licensee commits a Class E crime. 2. Defense. It is a defense to a…

A person licensed for the sale of spirits for on-premises consumption that violates section 606, subsection 1‑A or violates state rules or federal regulations governing the storage, purchase and sale of spirits, including but not limited to the prohibition against reusing or refi…

1. Illegal delivery of spirits prohibited. Except with the bureau's written permission or except as provided in section 503, subsection 1 for the wholesale spirits provider or in section 459 for reselling agents, a person may not knowingly transport or cause to be delivered to an…

1. Prohibition. Except as provided in section 1403‑A, a person may not sell, furnish, deliver or purchase liquor from an out-of-state company by mail order. 2. Penalty. A person that violates this section is subject to penalties listed in section 2073‑A, subsection 3 and section …

1. Sale of liquor without a valid license. Any person who, or any person whose employee or agent, sells liquor within the State without a valid license commits a Class E crime and, notwithstanding Title 17‑A, section 4‑A, shall be punished: A. For the first offense, by a fine of …

Any person who personally or by that person's employee or agent, directly or indirectly, employs or permits any child under the age of 16 years to assist that person in the illegal possession or the illegal sale of liquor commits a Class E crime, and must be punished accordingly …

1. Offense. Except as provided in subsection 2, a person may not knowingly: A. Procure, or in any way aid or assist in procuring, furnish, give, sell or deliver liquor for or to a minor. The following penalties apply to violations of this paragraph. (1) A person who violates this…

1. Sale of imitation liquor to minor prohibited. No person may sell or offer for sale or exchange to any minor any imitation liquor. 2. Applicability. This section does not apply to the following products: A. Products commonly known as "root beer," "ginger ale," "cider" and all s…

Notwithstanding Title 17‑A, section 453, a person who makes a false statement in the affidavit required under section 703‑A commits a Class E crime.

1. Violation. A person who knowingly sells, furnishes, gives away or offers to sell, furnish or give away to a minor equipment that is specifically constructed, manufactured or marketed for the purpose of brewing malt liquor or fermenting or making wine is guilty of a civil viola…

1. Refusal to provide proper identification prohibited. A person may not intentionally refuse to provide a law enforcement officer proper identification if: A. The person is present on licensed premises at a time when minors are not permitted to be on the premises; [PL 1999, c. 4…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alcohol vaporizing device" means any device, machine or process that mixes an alcoholic product with pure oxygen or another gas to produce vaporiz…

1. Possession and use prohibited. A person may not possess or use alcohol in a powdered or crystalline form. A. A person who violates this subsection commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged. [PL 2015, c. 205, §1 (NE…

In prosecutions under this Title, except when otherwise expressly provided, the District Court shall have, by complaint, jurisdiction concurrent with the Superior Court.

In any prosecution for violation of the laws relating to manufacture or sale of liquor, a defendant who has failed to comply with the term of any bond entered into by the defendant in that case may not again be admitted to bail in that case or upon arrest on any warrant issued in…

1. Evidence of illegal sale. Whenever an illegal sale is alleged and a delivery proved, the delivery is sufficient evidence of sale and it is not necessary to prove a payment. 2. Former conviction. In actions, complaints, indictments or other proceedings for a violation of this T…

If a law enforcement officer has probable cause to believe that a violation of the liquor laws has taken or is taking place, the officer may, at any time, stop any motor vehicle or other conveyance to arrest or question its operator or occupant or to search the motor vehicle or c…

1. Property forfeited. The following property shall be subject to forfeiture to the State and all property rights in the property shall be in the State: A. All materials, products and equipment of any kind which are used, or intended for use, in manufacturing, transporting or sel…

1. Destruction of liquor is prima facie evidence that liquor was intended for illegal sale. The pouring out or other destruction of fluids by any person on or about the premises which are about to be or are being searched, for the purpose of preventing the seizure of those fluids…

Final judgment in proceedings under this chapter shall be in all cases a bar to any civil action for the recovery of any liquors seized or of their value, or for damages alleged to have been sustained by reason of the seizure and detention.

1. Court or judge to order forfeited liquor to be turned over to the bureau. All spirits declared forfeited by a court under this Title must, by order of the court rendering the final judgment, be turned over to the bureau. All malt liquor or wine declared forfeited by a court un…

The following provisions govern the procedures for handling abandoned liquor. [PL 1993, c. 730, §51 (NEW).] 1. Bureau as repository. Notwithstanding any other provisions of law, the bureau acts as a repository for all liquor found abandoned in this State. 2. Procedure. A law enfo…

This Act shall be known and may be cited as the "Maine Liquor Liability Act."

1. Primary legislative purpose. The primary legislative purpose of this Act is to prevent intoxication-related injuries, deaths and other damages among the State's population. 2. Secondary purposes. The secondary legislative purposes are to: A. Establish a legal basis for obtaini…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 45, Pt. A, §4 (NEW).] 1. Intoxicated individual. "Intoxicated individual" means an individual who is in a state of intoxication as defined by this Act. 2…

1. Persons who may bring suit. Except as provided in subsection 2, any person who suffers damage, as provided in section 2508, may bring an action under this Act, against a server for negligently or recklessly serving liquor to an individual. 2. Persons who may not bring suit. Th…

1. Licensee as a defendant. Any server who is a licensee or employee or agent of a licensee who commits an act giving rise to liability, as provided in sections 2506 and 2507, may be made a defendant to a claim under this Act. 2. Nonlicensee as a defendant. Any server who is a no…

1. Negligent service to a minor. A server who negligently serves liquor to a minor is liable for damages proximately caused by that minor's consumption of the liquor. 2. Negligent service to a visibly intoxicated individual. A server who negligently serves liquor to a visibly int…

1. Reckless service to a minor. A server who recklessly provides liquor to a minor is liable for damages proximately caused by that minor's consumption of the liquor. 2. Reckless service to a visibly intoxicated individual. A server who recklessly serves liquor to a visibly intox…

1. Damages. Damages may be awarded for property damage, bodily injury or death proximately caused by the consumption of the liquor served by the server. 2. Damages under wrongful death and survival laws. Except as otherwise provided in this Act, damages may be recovered under Tit…

1. Limitation on damages for losses other than expenses for medical care and treatment. In actions for damages permitted by this Act, the claim for and award of damages for all losses, except expenses for medical care and treatment, including devices or aids, against both a serve…

Defenses applicable to tort actions based on negligence and recklessness in this State may be asserted in defending actions brought under this Act.

This Act is the exclusive remedy against servers who may be made defendants under section 2505, for claims by those suffering damages based on the servers' service of liquor.

1. Named and retained. No action against a server may be maintained unless the minor, the intoxicated individual or the estate of the minor or intoxicated individual is named as a defendant in the action and is retained in the action until the litigation is concluded by trial or …

Every plaintiff seeking damages under this Act must give written notice to all defendants within 180 days of the date of the server's conduct creating liability under this Act. The notice must specify the time, place and circumstances of the server's conduct creating liability un…

Any action under this Act against a server alleging negligent or reckless conduct must be brought within 2 years after the cause of action accrues.

1. Responsible practices. Proof of the server's responsible serving practices is admissible as evidence that the server was not negligent or reckless. Responsible serving practices include, but are not limited to: A. The server's and server's employees attendance at an approved s…

1. Refusal to serve. No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who: A. Fails to show proper identification of age; [PL 1987, c. 45, Pt. A, §4 (NEW).] B. Reasonably appears to be a minor; or [PL 1987, c. 45, Pt. A, §4 (…

1. Superintendent shall keep records. The Superintendent of Insurance shall collect and maintain records on the following statistics concerning liquor liability insurance in this State: A. The number and names of companies writing liquor liability insurance, either as a separate …

1. Approval of alcohol server education courses. The director of the bureau or director's designee shall approve alcohol server education courses for a period of 2 years that meet the criteria developed under this section. The director may renew approval provided the course meets…

The bureau may adopt rules for the purpose of waiving the fee for the alcohol server education course in the event of demonstrated need and inability to pay. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

The bureau shall provide educational services regarding retail liquor sales as follows. [PL 1997, c. 373, §170 (AMD).] 1. Seminars. The bureau shall, from time to time, conduct seminars throughout the State to provide retailers and their employees with information on changes in t…