Maine Revised Statutes Title 28-A Sec. 2516 – Privileges
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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 (NEW).]
C. Is refused service in a good faith effort to prevent the individual from becoming visibly intoxicated. [PL 2021, c. 658, §283 (AMD).]
[PL 2021, c. 658, §283 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2516
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Legal age: means the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- licensee: means any person to whom a license of any kind is issued by the bureau and any person who is required to be licensed to serve liquor. See Maine Revised Statutes Title 28-A Sec. 2503
- 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
- Visibly intoxicated: means a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual which clearly demonstrates a state of intoxication. See Maine Revised Statutes Title 28-A Sec. 2503
2. Holding identification documents. No licensee is liable for retaining identification documents presented to the licensee as proof of the individual’s age for the purpose of receiving liquor provided that:
A. Retention is for a reasonable length of time in a good faith effort to determine whether the individual is of legal age; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The licensee informs the individual why the licensee is retaining the identification documents. [PL 2021, c. 658, §284 (AMD).]
[PL 2021, c. 658, §284 (AMD).]
3. Other defenses not limited. This section does not limit a licensee’s right to assert any other defense provided by law.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
4. Failure to exercise privileges. A licensee may not be held liable under this Act for failing to exercise any privilege provided in this section. This section does not provide immunity from liability under sections 2506 and 2507.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §§283, 284 (AMD).