Maine Revised Statutes > Title 28-A > Part 3 > Subpart 3 – Non-Retail Sales
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Terms Used In Maine Revised Statutes > Title 28-A > Part 3 > Subpart 3 - Non-Retail Sales
- Abandonment: means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. See Maine Revised Statutes Title 22 Sec. 4002
- Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
- Active duty military: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserves of the United States Armed Forces on active duty orders pursuant to 10 United States Code, Chapters 1209 and 1211. See Maine Revised Statutes Title 32 Sec. 18553
- Active duty military: means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserves of the United States Armed Forces on active duty orders pursuant to 10 United States Code, Chapters 1209 and 1211. See Maine Revised Statutes Title 32 Sec. 18703
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adverse action: means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action. See Maine Revised Statutes Title 32 Sec. 18553
- Adverse action: means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance or a combination of both. See Maine Revised Statutes Title 32 Sec. 18703
- Adverse result: means :
A. See Maine Revised Statutes Title 16 Sec. 638Adverse result: means :
A. See Maine Revised Statutes Title 16 Sec. 641Affidavit: 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 Agent: means any person who sells or distributes potatoes or rotation crops in commerce for or on behalf of producers or others and whose operations may include the planting, cultivating, harvesting, grading, packing and furnishing containers, supplies or other services. See Maine Revised Statutes Title 7 Sec. 1012 Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder's brands of malt liquor, wine or beverages. See Maine Revised Statutes Title 28-A Sec. 1451 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 Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners. See Maine Revised Statutes Title 32 Sec. 18553 Alternative program: means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board, including, but not limited to, addressing substance use disorder issues. See Maine Revised Statutes Title 32 Sec. 18703 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Applicant: means any person applying for a license under this Article. See Maine Revised Statutes Title 7 Sec. 1012 Appraisal: A determination of property value. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization armor-piercing ammunition: means a projectile or projectile core that may be used in a handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, beryllium copper or depleted uranium, including but not limited to ammunition commonly known as KTW ammunition. See Maine Revised Statutes Title 17-A Sec. 1056 Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. At-risk: means there is reasonable cause to suspect that a child's health, safety and welfare is in jeopardy due to abuse, neglect, abandonment or similar circumstances and that return to the child's or the child's parent's country of origin or country of last habitual residence would not be in the best interest of the child. See Maine Revised Statutes Title 22 Sec. 4099-I Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Board: means the Maine Retirement Savings Board under section 172. See Maine Revised Statutes Title 5 Sec. 171 Board: means the Board of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741 Board: means the Board of Examiners in Physical Therapy as created in section 3112. See Maine Revised Statutes Title 32 Sec. 3111 Board: means the Board of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 4171 bottle: means to package spirits, wine or malt liquor for sale in containers. See Maine Revised Statutes Title 28-A Sec. 2 Bottle club: means a person operating on a regular, profit or nonprofit basis a facility for social activities in which members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintains suitable facilities for the use of members on a regular basis or charges an admission fee to members or the general public and where members, guests or others are regularly permitted to consume liquor. See Maine Revised Statutes Title 28-A Sec. 2 Bottler: means a person that packages spirits, wine or malt liquor for sale in containers and is not engaged in distilling, brewing, fermenting or rectifying liquor. 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. 2Broker: means any person engaged in the business of negotiating sales of potatoes in commerce for or on behalf of the seller or the purchaser, respectively. See Maine Revised Statutes Title 7 Sec. 1012 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 Buyer: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops. See Maine Revised Statutes Title 7 Sec. 1012 Bylaws: means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct. See Maine Revised Statutes Title 32 Sec. 18503 Camping area: means , in addition to the generally accepted interpretations, lakeshore places, picnic and lunch grounds or other premises where tents or recreational vehicles are permitted and licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 1900 Case plan prescription: means a plan developed by the family support team. See Maine Revised Statutes Title 22 Sec. 4092 Certificate: means a certificate of competency issued by the department stating that an applicant has met the requirements for the specified operator classification. See Maine Revised Statutes Title 32 Sec. 4171 Certificate of approval holder: means :
A. See Maine Revised Statutes Title 28-A Sec. 2certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355?A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1401-A certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355?A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1451 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. child: means an unmarried person who has not attained 21 years of age. See Maine Revised Statutes Title 22 Sec. 4099-I Circumstantial evidence: All evidence except eyewitness testimony. Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. 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 Cocaine: means :
A. See Maine Revised Statutes Title 17-A Sec. 1101commission: means the national administrative body whose membership consists of all states that have enacted the compact. See Maine Revised Statutes Title 32 Sec. 18553 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 commission: means the national administrative body whose membership consists of all states that have enacted the compact pursuant to section 18708. See Maine Revised Statutes Title 32 Sec. 18703 Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741 Commissioner: means the Commissioner of Administrative and Financial Services. See Maine Revised Statutes Title 28-A Sec. 2 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Compact privilege: means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. See Maine Revised Statutes Title 32 Sec. 18703 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Content information: when used with respect to any wire, oral or electronic communication, includes any information concerning the substance, purport or meaning of that communication. See Maine Revised Statutes Title 16 Sec. 641 Continuing competence: means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. See Maine Revised Statutes Title 32 Sec. 18703 Continuing competence and education: means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. See Maine Revised Statutes Title 32 Sec. 18553 Contract: A legal written agreement that becomes binding when signed. 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. Court: includes , but is not limited to, the Probate Court and District Court, or any other state court with juvenile jurisdiction. See Maine Revised Statutes Title 22 Sec. 4099-I Credible scientific evidence: means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or in a publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. See Maine Revised Statutes Title 32 Sec. 1741 Criminal record information system: means a system including equipment, facilities, procedures and agreements for the collection, processing, preservation and dissemination of criminal record information including criminal history record information. See Maine Revised Statutes Title 16 Sec. 632 Cultivate: means to sow a seed; to grow, raise or tend a plant; to harvest a plant; or to knowingly possess a plant. See Maine Revised Statutes Title 17-A Sec. 1101 Current significant investigative information: means :
A. See Maine Revised Statutes Title 32 Sec. 18553Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data system: means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information. See Maine Revised Statutes Title 32 Sec. 18553 Data system: means a repository of information about licensees, including examination, licensure, investigative, compact privilege and adverse action information. See Maine Revised Statutes Title 32 Sec. 18703 De minimis level: means :
A. See Maine Revised Statutes Title 32 Sec. 1741Dealer: means any person engaged in the business of buying or selling potatoes or rotation crops in wholesale or jobbing quantities in commerce and includes:
A. See Maine Revised Statutes Title 7 Sec. 1012Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1732 Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 1741 Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 32 Sec. 4171 Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801 Dependent: A person dependent for support upon another. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Developed swim area: means an area delineated by line buoys in accordance with the aids to navigation system established pursuant to section 1894. See Maine Revised Statutes Title 12 Sec. 1900 Direction: means continuing verbal and written contact by a physical therapist with a physical therapist assistant including periodic on-site supervision adequate to ensure the safety and welfare of the patient. See Maine Revised Statutes Title 32 Sec. 3111 Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: 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. 2Electronic communication service: means a service that provides to users the ability to send or receive spoken or electronic communications. See Maine Revised Statutes Title 16 Sec. 641 Encumbered license: means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and that adverse action has been reported to the United States Department of Health and Human Services, National Practitioner Data Bank. See Maine Revised Statutes Title 32 Sec. 18553 Encumbered license: means a license that a physical therapy licensing board has limited in any way. See Maine Revised Statutes Title 32 Sec. 18703 Encumbrance: means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board. See Maine Revised Statutes Title 32 Sec. 18553 Enterprise fund: means the Maine Retirement Savings Program Enterprise Fund established in section 178. See Maine Revised Statutes Title 5 Sec. 171 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: 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. Ex officio: Literally, by virtue of one's office. Executive board: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. See Maine Revised Statutes Title 32 Sec. 18703 Executive committee: means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. See Maine Revised Statutes Title 32 Sec. 18553 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Family support team: means a specialized team of professionals evaluating children who are suspected victims of child abuse and neglect as defined in section 4002, subsection 1. See Maine Revised Statutes Title 22 Sec. 4092 Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Fentanyl powder: means any compound, mixture or preparation, in granular or powder form, containing fentanyl or any derivative of fentanyl listed in section 1102, subsection 1, paragraph I in any quantity. See Maine Revised Statutes Title 17-A Sec. 1101 fire district: means a district created by vote of a group of municipalities for the purpose of providing fire protection. See Maine Revised Statutes Title 30-A Sec. 3531 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. Food contact chemical of high concern: means a chemical identified by the department pursuant to section 1742. See Maine Revised Statutes Title 32 Sec. 1741 Fortified wine: means :
A. See Maine Revised Statutes Title 28-A Sec. 2Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Government entity: means a state or local government agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local government agency. See Maine Revised Statutes Title 16 Sec. 641 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. Hard cider: means liquor produced by fermentation of the juice of apples or pears, including, but not limited to, flavored, sparkling or carbonated cider, that contains not less than 1/2 of 1% alcohol by volume and not more than 8. See Maine Revised Statutes Title 28-A Sec. 2 Heroin: means any compound, mixture or preparation containing heroin (diacetylmorphine) in any quantity. See Maine Revised Statutes Title 17-A Sec. 1101 Historic site: means any area of land owned, leased or otherwise controlled by the State, with or without buildings, improvements or other structures, that has been classified by the director for public use wholly or primarily because of its historical, archaeological or scientific interest or value. See Maine Revised Statutes Title 12 Sec. 1801 Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 18553 Home state: means the member state that is the licensee's primary state of residence. See Maine Revised Statutes Title 32 Sec. 18703 Homeless youth: means a person 21 years of age or younger who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care or who lacks a fixed, regular and adequate nighttime residence. See Maine Revised Statutes Title 22 Sec. 4099-D Impaired practitioner: means an individual who has a condition that may impair that individual's ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment and neurological or physical impairments. See Maine Revised Statutes Title 32 Sec. 18553 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intentionally added chemical: means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. See Maine Revised Statutes Title 32 Sec. 1741 Interstate commission: means the Interstate Medical Licensure Compact Commission created pursuant to section 18512. See Maine Revised Statutes Title 32 Sec. 18503 Investigative information: means information, records and documents received or generated by a professional counseling licensing board pursuant to an investigation. See Maine Revised Statutes Title 32 Sec. 18553 Investigative information: means information, records and documents received or generated by a physical therapy licensing board pursuant to an investigation. See Maine Revised Statutes Title 32 Sec. 18703 jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Jurisdiction: (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. Jurisprudence: The study of law and the structure of the legal system. Keg: means a container capable of holding at least 5 gallons of liquid. See Maine Revised Statutes Title 28-A Sec. 2 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 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. See Maine Revised Statutes Title 16 Sec. 638 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 Legacy: A gift of property made by will. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means authorization by a state for a physician to engage in the practice of medicine. See Maine Revised Statutes Title 32 Sec. 18503 Licensed federal-state potato inspector: means an authorized representative of the Federal-State Inspection Service. See Maine Revised Statutes Title 7 Sec. 1012 Licensed professional counselor: means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose and treat behavioral health conditions. See Maine Revised Statutes Title 32 Sec. 18553 Licensee: means any person who holds an unrevoked and valid unsuspended license issued under this Article. See Maine Revised Statutes Title 7 Sec. 1012 Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2 Licensee: means an individual who currently holds an authorization from a state to practice as a licensed professional counselor. See Maine Revised Statutes Title 32 Sec. 18553 Licensee: means an individual who currently holds an authorization from a state to practice as a physical therapist or to work as a physical therapist assistant. See Maine Revised Statutes Title 32 Sec. 18703 Licensing board: means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors. See Maine Revised Statutes Title 32 Sec. 18553 licensing board: means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants. See Maine Revised Statutes Title 32 Sec. 18703 Lien: A claim against real or personal property in satisfaction of a debt. 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 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Low-alcohol spirits product: means a product containing spirits that has more than 1/2 of 1% of alcohol by volume but no more than 8% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2 machine gun: means a weapon of any description, by whatever name known, loaded or unloaded, which is capable of discharging a number of projectiles in rapid succession by one manual or mechanical action on the trigger or firing mechanism. See Maine Revised Statutes Title 17-A Sec. 1051 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Malt liquor: means liquor:
A. See Maine Revised Statutes Title 28-A Sec. 2Manufacturer: means any person that manufactures a package or packaging component. See Maine Revised Statutes Title 32 Sec. 1732 manufacturer: includes the importer or first domestic distributor of the food package if the person who manufactured or assembled the food package or whose brand name is affixed to the food package does not have a presence in the United States. See Maine Revised Statutes Title 32 Sec. 1741 Manufacturer: means a person who distills, rectifies, brews, ferments, bottles or otherwise produces liquor. See Maine Revised Statutes Title 28-A Sec. 2 Marijuana: includes the leaves, stems, flowers and seeds of all species of the plant genus Cannabis, whether growing or not; but does not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin including hashish and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake or the sterilized seed of such plant that is incapable of germination. See Maine Revised Statutes Title 17-A Sec. 1101 Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18503 Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18553 Member state: means a state that has enacted the compact. See Maine Revised Statutes Title 32 Sec. 18703 Methamphetamine precursor drug: means any drug or product possessed by a person that contains in the aggregate a quantity of more than 9 grams of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, in dry or solid nonliquid form. See Maine Revised Statutes Title 17-A Sec. 1101 Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2 Minority: when used in reference to age shall mean under the age of 18. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2 Noncitizen: means any person who is not a United States citizen. See Maine Revised Statutes Title 22 Sec. 4099-I Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. 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. Offender: means an individual, juvenile or adult, accused or convicted of a criminal offense under the laws of this State or federal law. See Maine Revised Statutes Title 16 Sec. 632 Offender-based tracking information: means information collected during the administration of criminal justice by criminal justice agencies related to an identifiable person who has been determined to be an offender. See Maine Revised Statutes Title 16 Sec. 632 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 Operator: means a person who is certified by the department as being competent to supervise, manage or operate a wastewater treatment plant and to ensure that a wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171 Operator in responsible charge: means an operator certified by the department, with a certificate in good standing, at or above the classification for the wastewater treatment plant in which the operator is designated by the wastewater treatment plant owner to be the operator responsible for supervising, managing or operating the wastewater treatment plant and ensuring that the wastewater treatment plant is operated in accordance with state law, rules and licenses. See Maine Revised Statutes Title 32 Sec. 4171 Oversight: Committee review of the activities of a Federal agency or program. Owner: means the person or entity having the legal title, claim or right to a portable electronic device. See Maine Revised Statutes Title 16 Sec. 641 Package: includes a unit package and a shipping container defined by the American Society for Testing and Materials in its annual book of standards as ASTM, D996; a food package; and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. See Maine Revised Statutes Title 32 Sec. 1732 Packaging component: means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. See Maine Revised Statutes Title 32 Sec. 1732 Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002 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. 1801Partnership: 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. Party state: means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege. See Maine Revised Statutes Title 32 Sec. 18703 Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002 person: means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officer, directors or persons in active control of the activities of that entity. See Maine Revised Statutes Title 28-A Sec. 1451 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2 Personal property: All property that is not real property. Physical therapist: means a person who is licensed pursuant to this chapter to practice physical therapy. See Maine Revised Statutes Title 32 Sec. 3111 Physical therapist: means an individual who is licensed by a state to practice physical therapy. See Maine Revised Statutes Title 32 Sec. 18703 Physical therapist assistant: means a person who is licensed pursuant to this chapter and who assists a physical therapist in specific components of treatment, prevention and educational interventions within the practice of physical therapy. See Maine Revised Statutes Title 32 Sec. 3111 Physical therapist assistant: means an individual who is licensed or certified by a state and who assists a physical therapist in selected components of physical therapy. See Maine Revised Statutes Title 32 Sec. 18703 physiotherapy: means the provision of services in the scope of practice that is set forth in section 3111?A. See Maine Revised Statutes Title 32 Sec. 3111 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Portable electronic device: means a device that is portable and electric that enables access to, or use of, an electronic communication service or remote computing service. See Maine Revised Statutes Title 16 Sec. 641 Portland Area Comprehensive Transportation System: means the federally designated planning organization for the Portland region established to improve the coordination of transportation planning and investment decisions by state, municipal and public transportation organizations. See Maine Revised Statutes Title 30-A Sec. 3501 Practical quantification limit: means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. See Maine Revised Statutes Title 32 Sec. 1741 Practice of medicine: means the clinical prevention, diagnosis or treatment of a human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state. See Maine Revised Statutes Title 32 Sec. 18503 Practice of physical therapy: means the rendering of or offering to render any service involving physical therapy to detect, assess, prevent, correct, alleviate or limit physical disability, bodily malfunction and pain from injury, disease or any other bodily condition. See Maine Revised Statutes Title 32 Sec. 3111 practice of physical therapy: means the care and services provided by or under the direction and supervision of a licensed physical therapist. See Maine Revised Statutes Title 32 Sec. 18703 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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 Primary source of supply: means the distillery, the bottler, the brewery, the winery, the brand owner or the designated agent of any distillery, brewery, winery or brand owner. See Maine Revised Statutes Title 28-A Sec. 1451 Priority food contact chemical: means a chemical designated by the commissioner pursuant to section 1743. See Maine Revised Statutes Title 32 Sec. 1741 Privilege to practice: means a legal authorization that is equivalent to a license permitting the practice of professional counseling in a remote state. See Maine Revised Statutes Title 32 Sec. 18553 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Processor: means any person other than a consumer who purchases or contracts to purchase potatoes or rotation crops primarily for manufacture into articles of food or starch by operations that change the physical form the potatoes or rotation crops possessed when harvested. See Maine Revised Statutes Title 7 Sec. 1012 Professional counseling: means the assessment, diagnosis and treatment of behavioral health conditions by a licensed professional counselor. See Maine Revised Statutes Title 32 Sec. 18553 Program: means the Maine Retirement Savings Program established in accordance with this chapter. See Maine Revised Statutes Title 5 Sec. 171 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protocols: means procedures developed for the interaction of the suspected child abuse and neglect committee and family support team. See Maine Revised Statutes Title 22 Sec. 4092 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Qualified entity: means a camping area, recreational camp or governmental entity or governmentally sponsored group. See Maine Revised Statutes Title 12 Sec. 1900 Quorum: The number of legislators that must be present to do business. 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 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recreational camp: means day camps, boys and girls camps and family, hunting, fishing and similar camps licensed under Title 22, section 2495. See Maine Revised Statutes Title 12 Sec. 1900 Rectifier: means a person that produces spirits or low-alcohol spirits products by combining spirits with other products. See Maine Revised Statutes Title 28-A Sec. 2 Referral: means the request of an advanced practice registered nurse, certified nurse midwife, physician assistant, naturopathic doctor or doctor of medicine, surgery, osteopathy, podiatry or dentistry or any other health care provider acting within the scope of that health care provider's license to a physical therapist to accept one of that health care provider's patients for treatment. See Maine Revised Statutes Title 32 Sec. 3111 Regional transportation corporation: means any private, nonprofit corporation formed for the express purpose of providing public transportation services to more than one municipality but which is not wholly or partly owned by the municipalities. See Maine Revised Statutes Title 30-A Sec. 3501 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Remote computing service: means computer storage or processing services provided by means of an electronic communication service. See Maine Revised Statutes Title 16 Sec. 641 Remote state: means a member state other than the home state where a licensee is exercising or seeking to exercise the privilege to practice. See Maine Revised Statutes Title 32 Sec. 18553 Remote state: means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. See Maine Revised Statutes Title 32 Sec. 18703 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 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. 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 Retailer: means a person engaged in the business of buying potatoes or rotation crops in wholesale or jobbing quantities and reselling the potatoes or rotation crops bought primarily to consumers through at least 5 retail outlets located within or without the State. See Maine Revised Statutes Title 7 Sec. 1012 Rule: means a written statement by the interstate commission promulgated pursuant to section 18513 that is of general applicability; implements, interprets or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the interstate commission; has the force and effect of statutory law in a member state; and includes the amendment, repeal or suspension of an existing rule. See Maine Revised Statutes Title 32 Sec. 18503 Rule: means a regulation promulgated by the commission that has the force of law. See Maine Revised Statutes Title 32 Sec. 18553 Rule: means a regulation, principle or directive promulgated by the commission that has the force of law. See Maine Revised Statutes Title 32 Sec. 18703 Runaway: means an unmarried child under 18 years of age who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian or lawful custodian. See Maine Revised Statutes Title 22 Sec. 4099-D Safe zone: means an athletic field, park, playground or recreational facility that is designated as a safe zone by a municipality pursuant to Title 30?A, section 3253. See Maine Revised Statutes Title 17-A Sec. 1101 Sale: includes every contract of purchase or sale, contract to purchase or sell, purchase, sale and disposition of potatoes or rotation crops for value. See Maine Revised Statutes Title 7 Sec. 1012 sale territory: means the area of primary sales responsibility expressly or implicitly designated by any agreement between a wholesale licensee and a certificate of approval holder for the brand or label of a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451 sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2 Seller: means any person who sells or contracts to sell potatoes or rotation crops in the regular course of business. See Maine Revised Statutes Title 7 Sec. 1012 Serious physical injury: means :
A. See Maine Revised Statutes Title 16 Sec. 641Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Similar circumstances: means conditions that have an effect on a child comparable to abuse, neglect or abandonment, including, but not limited to, the death of a parent. See Maine Revised Statutes Title 22 Sec. 4099-I Single-state license: means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. See Maine Revised Statutes Title 32 Sec. 18553 Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001 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 Spirits supplier: means a person that provides spirits for sale by the bureau in the State, including:
A. See Maine Revised Statutes Title 28-A Sec. 2State: means any state, commonwealth, district or territory of the United States. See Maine Revised Statutes Title 32 Sec. 18503 State: means any state, commonwealth, district or territory of the United States that regulates the practice of professional counseling. See Maine Revised Statutes Title 32 Sec. 18553 State: means any state, commonwealth, district or territory of the United States that regulates the practice of physical therapy. See Maine Revised Statutes Title 32 Sec. 18703 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Summons: Another word for subpoena used by the criminal justice system. Supplier: means any person, firm or corporation that sells packages or packaging components to a distributor. See Maine Revised Statutes Title 32 Sec. 1732 Suspected child abuse and neglect committee: means a committee representing public and private community agencies, hospital departments and the department which are directly involved in providing services to suspected victims of child abuse and the victims' families. See Maine Revised Statutes Title 22 Sec. 4092 Swim line: means a line, rope or a series of buoys used to delineate an area of surface water for the purpose of swimming. See Maine Revised Statutes Title 12 Sec. 1900 Telehealth: means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose and treat behavioral health conditions. See Maine Revised Statutes Title 32 Sec. 18553 Tenant brewery: means a person that has submitted a brewer's notice to and received approval from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the person to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce malt liquor and low-alcohol spirits products consisting of malt liquor to which spirits have been added at a manufacturing facility of another brewery that is licensed by the bureau. See Maine Revised Statutes Title 28-A Sec. 2 Tenant winery: means a person who has been issued an approved application for an alternating proprietorship from the United States Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau authorizing the winery to engage in an alternating proprietorship as defined by federal regulation and is licensed by the bureau to produce wine or hard cider at a manufacturing facility of another winery who is licensed by the bureau. 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. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Tracking device: means an electronic or mechanical device the primary purpose of which is to track the movement of a person or object. See Maine Revised Statutes Title 16 Sec. 638 transit district: includes :
A. See Maine Revised Statutes Title 30-A Sec. 3501Transportation corridor district: means a specified area contiguous with a transportation route or facility that has been formed by a municipality or municipalities and approved by the voters as provided under section 3502?A. See Maine Revised Statutes Title 30-A Sec. 3501 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Unencumbered license: means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling. See Maine Revised Statutes Title 32 Sec. 18553 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 User: means a person or entity that uses a portable electronic device. See Maine Revised Statutes Title 16 Sec. 641 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 2001 Wastewater treatment plant: means the facility or group of units provided for the treatment of wastewater to meet the requirements of a state pollutant discharge elimination system permit or a waste discharge license under Title 38, section 413. See Maine Revised Statutes Title 32 Sec. 4171 Water safety zone: means the area of water within 200 feet of shoreline, whether the shoreline of the mainland or of an island. See Maine Revised Statutes Title 12 Sec. 1900 wholesale licensee: means a person holding a wholesale license under section 1401, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451 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 Wholesaler: 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 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