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. 413, §2 (NEW).]
B. The officer has a reasonable and articulable suspicion that a violation of law has taken place or is taking place because a minor is present on licensed premises; [PL 1999, c. 413, §2 (NEW).]
C. The officer has a reasonable and articulable suspicion that the person is a minor; and [PL 1999, c. 413, §2 (NEW).]
D. The officer has informed the person that the officer is investigating a possible liquor violation involving the presence of minors on the licensed premises and that the officer believes that the person is a minor. [PL 1999, c. 413, §2 (NEW).]
For purposes of this section, “proper identification” means a person’s correct name, address and date of birth except that, if a person has in the person’s possession an identification card issued under Title 29?A, section 1410, or a motor vehicle operator’s license bearing the photograph of the operator and issued under Title 29?A, chapter 11, proper identification means that identification card or motor vehicle operator’s license.

[PL 1999, c. 413, §2 (NEW).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 2087

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement officer: means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions or who is an adult probation supervisor as defined in Title 17?A, section 2, subsection 3?C. 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
  • Minor: means a person who has not reached the age of 21 years. 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
2. Penalties. A violation of this section is a civil violation for which a forfeiture of not more than $500 may be adjudged.

[PL 1999, c. 413, §2 (NEW).]

3. Defense. It is a defense to prosecution under subsection 1 if in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol:
A. The minor in good faith sought medical or emergency treatment or assistance for the minor or the other person; or [PL 2015, c. 154, §2 (NEW).]
B. The minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of a person contacting emergency medical services or law enforcement. [PL 2015, c. 154, §2 (NEW).]
This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

[PL 2015, c. 154, §2 (NEW).]

SECTION HISTORY

PL 1999, c. 413, §2 (NEW). PL 2015, c. 154, §2 (AMD).
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