Maine Revised Statutes Title 17 Sec. 3321-A – Store security
Current as of: 2023 | Check for updates
|
Other versions
1. Definition. For purposes of this section, “convenience store” means a retail store that specializes in the sale of a limited quantity and variety of consumable items in their original containers.
[PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 17 Sec. 3321-A
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Restrictions. A person may not keep open a convenience store 24 hours a day unless the store has:
A. A drop safe that is bolted to the floor, installed in the floor or weighs at least 500 pounds; [PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A conspicuous sign in the store entrance that states that between the hours of 9 p.m. and 5 a.m. the cash register contains $50 or less, that there is a safe in the store and that the safe is not accessible to the employees; [PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. During the hours of 9 p.m. to 5 a.m., no more than $50 cash available and readily accessible to employees; and [PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. An alarm or telephone within the store that is accessible to the employees. The alarm must be connected to a public or private safety agency. [PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Penalty. A person who violates this section commits a Class E crime. A violation of this section is a strict liability crime as defined in Title 17?A, section 34, subsection 4-A. A complaint charging violation of this section may not issue later than 5 days after its alleged commission. Each day that a violation of this section occurs is considered a separate offense.
[PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Injunctive relief. In addition to any criminal penalties provided in this section, the Attorney General, a district attorney or a resident of a municipality in which a violation is claimed to have occurred may file a complaint with the Superior Court to enjoin a violation of this section. The Superior Court has original jurisdiction of the complaints and authority to enjoin the violations.
[PL 2003, c. 452, Pt. I, §57 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 2003, c. 452, §I57 (NEW). PL 2003, c. 452, §X2 (AFF).