Maine Revised Statutes Title 28-A Sec. 601 – Eligibility
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1. Eligibility qualifications. The bureau may not issue a license or certificate of approval to an applicant unless that applicant meets the following qualifications.
A. If the applicant is an individual, the applicant must be:
(1) At least 21 years of age; and
(2) A citizen of the United States. [PL 1993, c. 730, §26 (AMD).]
B. If the applicant is a partnership or association, each individual having an interest in the partnership or association must be:
(1) At least 21 years of age; and
(2) A citizen of the United States. [PL 2021, c. 658, §84 (AMD).]
C. If the applicant is a corporation, it must be incorporated under the laws of the State or authorized to transact business in the State. [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. If the applicant has an existing business, the applicant must be currently in compliance with all license, permit and approval requirements under Title 22 and under any rules adopted pursuant to Title 22 that apply to the applicant’s existing business. [PL 2021, c. 658, §84 (NEW).]
[PL 2021, c. 658, §84 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 601
- 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
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Commission: means the State Liquor and Lottery Commission established in Title 5, section 12004?G, subsection 14. See Maine Revised Statutes Title 28-A Sec. 2
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a corporation organized and incorporated under the laws of the State or authorized to transact business within the State. 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
- 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
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Disqualifications. The bureau may not issue a license or certificate of approval to an applicant if:
A. Any of the principal officers of the corporation is not personally eligible because that officer has had a license or certificate of approval for the sale of liquor revoked under chapter 33, if the applicant is a corporation; [PL 2021, c. 658, §84 (AMD).]
B. The applicant held a license or certificate of approval that was revoked for a specific period under chapter 33 and the applicant is applying for a license or certificate of approval within that period since revocation; [PL 2021, c. 658, §84 (AMD).]
C. The applicant, that was not at the time of the offense the holder of a liquor license or a certificate of approval, was convicted of violating any laws of the State or the United States with respect to manufacture, transportation, importation, possession or sale of liquor within 5 years of applying for the license or certificate of approval. For the purposes of this paragraph, a person that sells liquor of a greater alcohol content than authorized by that person’s license or certificate of approval is not considered the holder of a license or a certificate of approval; [PL 2021, c. 658, §84 (AMD).]
D. The applicant was convicted of selling liquor illegally on Sunday while an employee or agent of a licensee within 5 years of applying for the license or certificate of approval; [PL 2021, c. 658, §84 (AMD).]
E. The applicant’s license or certificate of approval expired pending an appeal from conviction of illegally selling liquor on Sunday within 5 years of applying for the license or certificate of approval; [PL 2021, c. 658, §84 (AMD).]
F. The applicant is a law enforcement officer or if a law enforcement officer would benefit directly from the issuance of the license or certificate of approval; [PL 2021, c. 658, §84 (AMD).]
G. The applicant was denied a license or certificate of approval within the 6 months before the application was filed, unless the bureau’s denial of the license or certificate of approval is overruled by the court under an appeal provided by section 805; [PL 2021, c. 658, §84 (AMD).]
H. The applicant is the spouse, parent, child or other close relation of a person whose license or certificate of approval or application for a license or certificate of approval for the same premises was revoked by the District Court or denied by the bureau within the 6 months before the application was filed; [PL 2021, c. 658, §84 (AMD).]
I. The bureau determines that the purpose of the application is to circumvent the provisions of this section; or [PL 1997, c. 373, §51 (AMD).]
J. The applicant is a golf course or a restaurant located on the property of a golf course and the Maine Human Rights Commission has found reasonable grounds to believe that the golf course has denied membership to a person in violation of Title 5, chapter 337, subchapter 5 and has determined that conciliation efforts under Title 5, section 4612, subsection 3 have not succeeded. The Maine Human Rights Commission shall notify the bureau when the golf course has corrected its discriminatory membership practices, after which the applicant ceases to be disqualified under this paragraph. [PL 2021, c. 658, §84 (AMD).]
[PL 2021, c. 658, §84 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 592, §§1,2 (AMD). PL 1991, c. 158, §§1-3 (AMD). PL 1993, c. 730, §26 (AMD). PL 1995, c. 192, §1 (AMD). PL 1997, c. 373, §51 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2013, c. 168, §1 (AMD). PL 2017, c. 167, §10 (AMD). PL 2021, c. 658, §84 (AMD).