Maine Revised Statutes > Title 28-A > Part 3 > Subpart 2 > Chapter 43 > Subchapter 1 – General Conditions
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Terms Used In Maine Revised Statutes > Title 28-A > Part 3 > Subpart 2 > Chapter 43 > Subchapter 1 - General Conditions
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency liquor store: means a person that is licensed by the bureau to sell spirits, wine and malt liquor to be consumed off the premises. See Maine Revised Statutes Title 28-A Sec. 2
- 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.
- Auditorium: means a commercially operated indoor or outdoor facility designed or used for the gathering of an audience for speeches and live performances of theater, music, dance or other performing arts that charges a fee and has adequate facilities for the sale and consumption of liquor. See Maine Revised Statutes Title 28-A Sec. 2
- Bed and breakfast: means a place that advertises itself as a bed and breakfast where the public for a fee may obtain overnight accommodations that include a sleeping room or rooms and at least one meal per day. See Maine Revised Statutes Title 28-A Sec. 2
- Bed and breakfast guest: means a person whose name and address are registered on a registry maintained by a bed and breakfast and who is the bona fide occupant of a room of the bed and breakfast. See Maine Revised Statutes Title 28-A Sec. 2
- bottle: means to package spirits, wine or malt liquor for sale in containers. 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 Canoe: means a form of small watercraft with no rudder or sails that is long and narrow, sharp on both ends or sharp on one end and blunt on the other end usually propelled by paddles or a small motor. See Maine Revised Statutes Title 12 Sec. 1872 Catering: means service of liquor with or without food by a person to groups at a prearranged function. See Maine Revised Statutes Title 28-A Sec. 2 Certificate of approval holder: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Civic auditorium: means a municipal, county or state or a quasi-municipal, quasi-county or quasi-state owned or operated auditorium or civic center. See Maine Revised Statutes Title 28-A Sec. 2 Class A lounge: means a place where liquor is sold at tables, booths and counters. See Maine Revised Statutes Title 28-A Sec. 2 Class A restaurant: means a place that is regularly used for the purpose of providing full meals for the public on the premises, that is equipped with a separate and complete kitchen and that maintains adequate dining room equipment and capacity for preparing and serving full meals upon the premises. See Maine Revised Statutes Title 28-A Sec. 2 Club: means a group of individuals incorporated and operating in a bona fide manner solely for purposes of recreational, social, patriotic or fraternal nature and not for pecuniary gain. 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801 Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801 Distillery: 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. 2Evidence: 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. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Full meal: means a meal consisting of a diversified selection of food that ordinarily cannot be consumed without the use of tableware and that cannot be conveniently consumed while standing or walking. 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 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Hotel: means a place where the public obtains sleeping accommodations for consideration and where food is offered for sale to the public, whether or not under one roof. See Maine Revised Statutes Title 28-A Sec. 2 Hotel guest: means a person whose name and address are registered on a registry maintained by a hotel and who is the bona fide occupant of a room of the hotel. See Maine Revised Statutes Title 28-A Sec. 2 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Licensed establishment: means premises to which a license for the sale of spirits, wine or malt liquor to be consumed on or off the licensed premises applies and any person or organization that is licensed to sell spirits, wine or malt liquor during the times and in the places and manners as specified in the license. 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. 2Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. 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 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means the mayor and aldermen or councillors of a city, the members of the select board or councillors of a town and the assessors of plantations. See Maine Revised Statutes Title 28-A Sec. 2 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Off-premises catering: means service of liquor with or without food by a licensee to groups at prearranged functions located at a place other than the licensee's premises. See Maine Revised Statutes Title 28-A Sec. 2 On-premises retail licensee: means a person licensed to sell liquor to be consumed on the premises where sold. See Maine Revised Statutes Title 28-A Sec. 2 Park: means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the State, managed primarily for public recreation or conservation purposes and classified by the director as a park, including:
A. See Maine Revised Statutes Title 12 Sec. 1801Performing arts center: means a charitable or nonprofit corporation incorporated as a corporation without capital stock under Title 13, chapter 81 and that has as its primary purpose the encouragement, promotion and presentation of the arts for the benefit of the public. 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 Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Reselling agent: means an agency liquor store with a federal and state license permitting the agency liquor store to sell spirits to a retail licensee licensed for on-premises consumption. 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 Restricted zone: means a land area of from 400 feet to 800 feet that extends in all directions from the bounds of the watercourse and includes all land areas within the bounds of the watercourse and all additional areas that may be added by mutual agreement between the director and private property owners. See Maine Revised Statutes Title 12 Sec. 1872 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. 2Small distillery: 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. 2Small winery: means a person that ferments and ages:
A. See Maine Revised Statutes Title 28-A Sec. 2Spirits: means any liquor produced by distillation or, if produced by any other process, strengthened or fortified by the addition of spirits of any kind. See Maine Revised Statutes Title 28-A Sec. 2 Timber harvesting operation: means the cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting and skidding machinery, including the creation and use of skid trails, skid roads and winter haul roads and the construction or creation of land management roads. See Maine Revised Statutes Title 12 Sec. 1872 Unincorporated place: means a place which is not incorporated as a municipality. 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 Use: means an activity of any form, kind or description. See Maine Revised Statutes Title 12 Sec. 1872 Venue: The geographical location in which a case is tried. Watercourse: means the bodies of water consisting of lakes, rivers and streams extending from Telos Lake Dam northerly to the confluence of West Twin Brook and Allagash River, a distance of approximately 85 miles, and bodies of water consisting of lakes and streams extending from where Allagash Stream crosses the west boundary of T. See Maine Revised Statutes Title 12 Sec. 1872 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 Wholesale spirits provider: means a person that has a contract under section 90 to serve as an agent of the State for the purpose of providing wholesale spirits to establishments licensed by the State to sell spirits for off-premises consumption. See Maine Revised Statutes Title 28-A Sec. 2 Wine: includes , but is not limited to, hard cider, wine coolers, table wine, still wine, sparkling wine, champagne and fortified wine that do not contain more than 24% alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 Winery: means a person that ferments and ages wine. 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