Maine Revised Statutes Title 28-A Sec. 803 – Revocation or suspension procedure
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1. Violation of law or rule. Upon discovering a violation of federal or state law, rule or regulation relating to liquor or an infraction of a rule adopted by the bureau, the director of the bureau, or the director’s designee, shall:
A. Report the violation to the District Court in a signed complaint; or [PL 2021, c. 658, §117 (AMD).]
B. Issue warnings to the licensees involved. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §117 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 803
- 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
- Certificate of approval holder: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. 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 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 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 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Wholesale licensee: means a person licensed by the bureau under section 1401 as an in-state wholesaler. See Maine Revised Statutes Title 28-A Sec. 2 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Notice and hearing. Except as provided under subsection 6, upon receipt of a signed complaint prepared under subsection 1, paragraph A, notice must be provided and a hearing must be held according to the following procedures.
A. The director of the bureau or the director’s designee shall notify the licensee or the licensee’s agent or employee by serving on the licensee or the licensee’s agent or employee a copy of the complaint and a notice stating the time and place of the hearing and that the licensee or the licensee’s agent or employee may appear in person or by counsel at the hearing. Service of the complaint and hearing notice upon the licensee is sufficient when served in hand by the director’s designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the licensee at the time of the licensee’s application for a license or certificate of approval. Service of the complaint and hearing notice upon a licensee’s agent or employee is sufficient when served in hand by the director’s designee or when sent by registered or certified mail at least 7 days before the date of the hearing to the address given by the agent or employee at the time the agent or employee was initially notified by the bureau of the violation. The director or the director’s designee shall file proof of service with the District Court. [PL 2021, c. 658, §117 (AMD).]
B. The District Court shall conduct a hearing limited to the facts, the law and the rules of the bureau, as specified in the complaint. [PL 2021, c. 658, §117 (AMD).]
C. The District Court shall conduct the hearing in the following manner.
(1) The District Court may administer oaths to witnesses and issue subpoenas at the request of any party, including subpoenas to compel the attendance of parents and legal guardians of unemancipated minors.
(a) The bureau shall pay to the witnesses the legal fees for travel and attendance, except that, notwithstanding Title 16, section 253, the bureau is not required to pay the fees before the travel and attendance occur.
(2) Hearsay testimony is not admissible during the hearing. The licensees, agents or employees named in the complaint have the right to have all witnesses testify in person at the hearing.
(3) The District Court shall conduct hearings in one or more designated places that are the most convenient and economical for all parties concerned in the hearing. [PL 2009, c. 199, §7 (AMD).]
D. The District Court shall render a decision in each case, based upon the facts, the law and the rules of the bureau. The findings must specify the facts found and the law or rules found to be violated. [PL 2009, c. 199, §7 (AMD).]
[PL 2021, c. 658, §117 (AMD).]
2-A. Suspension or revocation decision.
[PL 2011, c. 559, Pt. A, §31 (RP).]
3. Suspension of penalty; place case on file. After hearing, the District Court may:
A. Suspend a penalty; or [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Place a case on file instead of imposing a penalty. [PL 2021, c. 658, §117 (AMD).]
[PL 2021, c. 658, §117 (AMD).]
4. Application of suspension or revocation. A suspension or revocation applies to premises and persons in the following manner.
A. If a licensee is directly or indirectly interested in more than one license or certificate of approval, suspensions apply only to the premises where the violation occurs. [PL 2021, c. 658, §117 (AMD).]
B. If a licensee is interested directly or indirectly in more than one license or certificate of approval, the District Court may order that a revocation apply to any of those premises. [PL 2021, c. 658, §117 (AMD).]
C. If the licensee is a corporation, the District Court shall treat the officers, directors and substantial stockholders as individuals. [PL 2021, c. 658, §117 (AMD).]
[PL 2021, c. 658, §117 (AMD).]
5. Term of suspension or revocation. Except as provided by section 802, subsection 3, suspensions must be for a definite period of time. If the District Court revokes a license or certificate of approval, the District Court shall specify that the bureau may not issue a license or certificate of approval to the person whose license or certificate of approval is revoked for a period of not less than one year nor more than 5 years from the date of revocation.
[PL 2021, c. 658, §117 (AMD).]
6. Warnings. Upon the written recommendation of the director of the bureau, or the director’s designee, the District Court, instead of notifying a licensee against which a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to which a warning is sent may demand a hearing by notifying the District Court by registered or certified mail within 10 days from the date the warning was mailed.
[PL 2021, c. 658, §117 (AMD).]
7. License or certificate of approval subsequent to violation. If a violation by a licensee remains undiscovered during the one-year period of the license or certificate of approval or continues after the licensee’s license or certificate of approval has been renewed, the license or certificate of approval issued for a new year subsequent to the violation may be suspended or revoked by the District Court.
[PL 2021, c. 658, §117 (AMD).]
8. Fines. Notwithstanding any provision of this Title to the contrary, the District Court may impose a fine of a specific sum on a licensee or the licensee’s agent or employee, of not less than $50 nor more than $1,500, for any one offense. Such a fine may be imposed instead of or in addition to any suspension or revocation of a license or certificate of approval by the court.
A. The District Court shall maintain a record of all fines received by the court and shall pay the fines into the General Fund by the 15th day of each month. [PL 2021, c. 658, §117 (AMD).]
[PL 2021, c. 658, §117 (AMD).]
9. Offer in compromise. Notwithstanding any provision of this Title to the contrary, the District Court may accept from a wholesale licensee or certificate of approval holder under this Title an offer in compromise in lieu of suspension of a wholesale license or certificate of approval suspended by the District Court.
A. A wholesale licensee or certificate of approval holder may petition the District Court to accept an offer in compromise within 10 days following receipt of notice of the suspension. [PL 2021, c. 658, §117 (AMD).]
B. The fine in lieu of suspension, when an offer in compromise is accepted by the District Court, must be 50% of the daily gross profit multiplied by the number of days of license suspension, except that the fine may not be less than $75 for each day of license suspension or more than $1,500 for any one offense. For purposes of this paragraph, “daily gross profit” means 1/30 of the total gross receipts from the sale of liquor during the 30 business days immediately before the date of receipt of the notice of the license suspension, less the invoice cost of the liquor sold by the wholesale licensee or certificate of approval holder during those 30 business days. [PL 2021, c. 658, §117 (AMD).]
C. The wholesale licensee or certificate of approval holder shall pay the fine to the District Court within 5 days from the date of the acceptance of the offer in compromise. The District Court shall then pay the fine into the General Fund. [PL 2021, c. 658, §117 (AMD).]
D. If a wholesale licensee or certificate of approval holder fails to pay the fine in full within the time period allowed in this subsection, the suspension of license or certificate of approval begins on the following day. [PL 1987, c. 45, Pt. A, §4 (NEW).]
E. [PL 1987, c. 342, §55 (RP).]
[PL 2021, c. 658, §117 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§51-55 (AMD). PL 1997, c. 373, §§76-79 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 451, §§T12,13 (AMD). PL 2009, c. 199, §§7, 8 (AMD). PL 2011, c. 559, Pt. A, §31 (AMD). PL 2013, c. 476, Pt. A, §§22-24 (AMD). PL 2021, c. 658, §117 (AMD).