Maine Revised Statutes Title 28-A Sec. 714 – Malt liquor sales in kegs
Current as of: 2023 | Check for updates
|
Other versions
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. [PL 2019, c. 46, §3 (RP).]
B. “Off-premises licensee” means a licensee licensed to sell liquor for consumption off the premises. [PL 1991, c. 543 (NEW).]
[PL 2019, c. 46, §3 (AMD).]
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 28-A Sec. 714
- 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
- Brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Bureau: means the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations. See Maine Revised Statutes Title 28-A Sec. 2 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 28-A Sec. 2 Keg: means a container capable of holding at least 5 gallons of liquid. 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 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Minor: 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 retail licensee: means a person licensed by the bureau to engage in the purchase and resale of liquor in the original container or by the drink for on-premises or off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Retail sale: means any single sale of liquor for consumption on or off the premises where sold and whether in the original package or as a mixed drink for immediate consumption. 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 Small brewery: means a person that engages in the activities under either paragraph A or B, or both:
A. See Maine Revised Statutes Title 28-A Sec. 2Wholesaler: means a person that engages in the purchase and resale of malt liquor or wine, or both, in sealed bottles, containers or original packages, as prepared for the market by the manufacturer at the place of manufacture, but not for consumption, except during a taste-testing event conducted in accordance with the requirements of this Title. See Maine Revised Statutes Title 28-A Sec. 2
2. Right of sale and purchase. The bureau may not deny the wholesale and retail sale of malt liquor in a keg or any fraction of a keg to a purchaser entitled to purchase malt liquor.
[PL 1993, c. 730, §34 (AMD).]
3. Tagging requirement. The sale of malt liquor in kegs is subject to the following.
A. Every keg of malt liquor offered for sale by an off-premises retail licensee, referred to in this subsection as “the seller,” must be tagged in a manner approved by the commissioner identifying the keg and be labeled in accordance with the requirements of section 6?A. The tag must be supplied for each keg, without fee, by the wholesaler of the keg or the small brewery that produced the keg. [PL 2021, c. 658, §110 (AMD).]
B. The seller of the keg shall complete a form designed and approved by the commissioner and affix the tag to each keg supplied to the retail seller by the distributor of the keg. The form must be printed and distributed, without fee, by the wholesaler of the keg or the small brewery that produced the keg. The form must include the name, address and date of birth of the purchaser and the identification number of the keg. The form must summarize the requirements of this section, the penalties for violating any provision of this section and the penalties for providing alcohol to a minor. The seller shall retain the form as a record subject to chapter 31. [PL 2021, c. 658, §110 (AMD).]
C. The seller of the keg shall require positive identification of the purchaser. [PL 1991, c. 543 (NEW).]
D. The seller of the keg may require a deposit of up to $50 from the purchaser of the keg, regardless of the size of the keg. The seller shall refund the deposit to a person who returns a properly tagged keg purchased from that seller. [PL 1991, c. 543 (NEW).]
E. The seller shall inform the purchaser that if the tag is defaced or missing when the keg is returned the deposit is forfeited. [PL 2021, c. 658, §110 (AMD).]
F. The seller may retain a deposit forfeited and use the funds forfeited for local school-based alcohol education programs or for any other purpose. [PL 2021, c. 658, §110 (AMD).]
[PL 2021, c. 658, §110 (AMD).]
4. Civil violation; possession of unlabeled keg. In addition to any other penalties imposed by law, a person possessing an unlabeled keg purchased in this State after the effective date of this section commits a civil violation for which a forfeiture of $500 must be adjudged.
[PL 1991, c. 543 (NEW).]
5. Criminal penalty; removal or defacing of tag. A person commits defacing or removal of a malt liquor keg tag if that person defaces or removes from a keg a tag required by this section. Defacing or removal of a malt liquor keg tag is a Class E crime. If a person who purchased a properly tagged keg returns the keg without a tag or with a defaced tag, that person is presumed to have removed or defaced the tag.
[PL 1991, c. 543 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1991, c. 543 (RPR). PL 1993, c. 266, §17 (AMD). PL 1993, c. 730, §§34,35 (AMD). PL 2003, c. 451, §T11 (AMD). PL 2017, c. 167, §14 (AMD). PL 2019, c. 46, §§3, 4 (AMD). PL 2021, c. 658, §110 (AMD).