Maine Revised Statutes Title 28-A Sec. 1075-A – Golf course and disc golf course mobile service bar
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1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. “Mobile service bar” means a golf cart or other similar vehicle staffed by an employee of the golf course or disc golf course and outfitted for storage, cooling or refrigeration and sale and service of liquor. [PL 2017, c. 167, §21 (AMD).]
[PL 2017, c. 167, §21 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1075-A
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2
- Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2
- Contract: A legal written agreement that becomes binding when signed.
- Disc golf course: means a commercially operated facility that offers disc golfing facilities to the public for a fee and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Golf course: means a commercially operated facility, whether publicly or privately owned, that offers golfing facilities to the public for a fee, including a regulation-size golf course of no fewer than 9 holes and an average total of not less than 1,200 yards per 9 holes, that has a value of not less than $100,000 and that has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. See Maine Revised Statutes Title 28-A Sec. 2
- Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2
- Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2
- Restaurant: means a place that is regularly used for the purpose of providing food for the public and that has adequate and sanitary kitchen and dining room equipment and capacity for preparing and serving suitable food for the public. See Maine Revised Statutes Title 28-A Sec. 2
- sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
2. License. The bureau may issue a license for a mobile service bar to a licensee that owns a golf course or disc golf course or may issue a license for a mobile service bar to a licensee that is a Class A restaurant located at, a Class A restaurant/lounge located at or a hotel with a Class I license located at a golf course or disc golf course. The licensee shall ensure that:
A. All individuals selling, serving or dispensing liquor from a mobile service bar are employees of the golf course or disc golf course, except as provided in subsection 2?A; [PL 2017, c. 167, §22 (AMD).]
B. The licensee does not possess or permit possession, sale or consumption of any liquor on the golf course or disc golf course other than that which is permitted and purchased by the licensee in accordance with the license or licenses granted; [PL 2017, c. 167, §22 (AMD).]
C. A sufficient number of employees are deployed to adequately control and ensure adherence to laws applying to the serving, sale and consumption of liquor on the golf course or disc golf course; [PL 2017, c. 167, §22 (AMD).]
D. Service or consumption of any liquor is not allowed in parking lots except as otherwise provided in this chapter; [PL 2003, c. 579, §4 (NEW).]
E. A licensee or licensee’s employees do not allow patrons to leave the golf course or disc golf course with any liquor; [PL 2017, c. 17, §9 (AMD).]
F. Only one standard serving of liquor is served to a patron at a time; [PL 2021, c. 658, §196 (AMD).]
G. Signs are posted that state that a patron may not bring liquor onto the premises of the golf course or disc golf course; [PL 2017, c. 167, §22 (AMD).]
H. Signs are placed on the mobile service bar that state that service or consumption of any liquor by a person under 21 years of age is prohibited; [PL 2003, c. 579, §4 (NEW).]
I. Liquor from a mobile service bar is purchased and consumed only by those patrons engaged in a round of golf or disc golf; [PL 2017, c. 167, §22 (AMD).]
J. The operator of a mobile service bar is at least 21 years of age and has successfully completed an alcohol server education course; and [PL 2003, c. 579, §4 (NEW).]
K. The operator of a mobile service bar has the ability and necessary tools to immediately contact a golf course or disc golf course employee working at the part of the golf course or disc golf course licensed as an on-premises establishment or an employee of a Class A restaurant or Class A restaurant/lounge operating under a contract with a municipal golf course or disc golf course for assistance in enforcing the provisions of this section. [PL 2017, c. 17, §9 (AMD).]
[PL 2021, c. 658, §196 (AMD).]
2-A. Municipal golf course. Notwithstanding subsection 2, paragraph A, employees of a Class A restaurant or Class A restaurant/lounge operating under a contract with a municipal golf course or disc golf course that does not have a license to serve liquor may sell, serve or dispense liquor from a mobile service bar under the same conditions prescribed by subsection 2.
[PL 2017, c. 167, §23 (AMD).]
3. Bringing liquor to course prohibited; penalty. A person who brings liquor onto the premises of a golf course or disc golf course commits a civil violation for which a fine of not less than $250 nor more than $1,500 may be adjudged.
[PL 2021, c. 658, §197 (AMD).]
4. Revocation and suspension of license. Notwithstanding section 803, subsection 4, a licensee under this section that commits a violation of law or rule for which that license may be revoked or suspended may also be subject to the revocation or suspension of any other licenses that that licensee holds to sell liquor for on-premises consumption.
[PL 2021, c. 658, §198 (AMD).]
5. Transportation of open containers prohibited. A patron of a golf course or disc golf course licensed under this section who operates a golf cart is prohibited from transporting an open container of liquor across a public way. For the purposes of this subsection, “public way” has the same meaning as in Title 29?A, section 2112?A, subsection 1, paragraph D.
[PL 2021, c. 658, §199 (AMD).]
6. Repeal.
[PL 2005, c. 108, §6 (RP).]
SECTION HISTORY
PL 2003, c. 579, §4 (NEW). PL 2005, c. 108, §§4-6 (AMD). PL 2009, c. 472, §§1-3 (AMD). PL 2017, c. 17, §9 (AMD). PL 2017, c. 167, §§21-23 (AMD). PL 2021, c. 658, §§196-199 (AMD).