Maine Revised Statutes Title 28-A Sec. 162 – Local authority for operation of bottle clubs
Current as of: 2023 | Check for updates
|
Other versions
1. Question on bottle clubs. A municipality may hold an election on the following question.
A. Bottle clubs are defined as persons operating, on a regular, profit or nonprofit basis, facilities for social activities in which members or guests provide their own liquor, where no liquor is sold on the bottle club premises, which maintain suitable facilities for the use of members on a regular basis or charge an admission fee to members or the general public and where members, guests or others are regularly permitted to consume liquor. Shall bottle clubs be operated in this municipality? [PL 1987, c. 342, §19 (NEW).]
[PL 1987, c. 342, §19 (NEW).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 162
- 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
- Bottle club premises: includes all parts of contiguous real estate occupied by the bottle club over which the bottle club owner has direct or indirect control or interest and which the bottle club owner uses in the operation of the bottle club. 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
- 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
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: means a city, town or plantation. See Maine Revised Statutes Title 28-A Sec. 2
- regularly: includes daily, weekly or monthly, but does not include once a year or less often. See Maine Revised Statutes Title 28-A Sec. 2
- Unincorporated place: means a place which is not incorporated as a municipality. See Maine Revised Statutes Title 28-A Sec. 2
2. Procedure for election. The provisions of section 121 apply to elections under this section.
[PL 1987, c. 342, §19 (NEW).]
3. Results of vote. If the results of an election held under this section show that:
A. A majority of the votes cast in the municipality on the bottle club question is in the affirmative, bottle clubs may operate in that municipality; [PL 1987, c. 342, §19 (NEW).]
B. A majority of the votes cast in the municipality on the bottle club question is in the negative, bottle clubs may not operate in that municipality; or [PL 1987, c. 342, §19 (NEW).]
C. The vote is tied on any local option question, the law shall remain as it was before the voting. [PL 1987, c. 342, §19 (NEW).]
[PL 1987, c. 342, §19 (NEW).]
4. Effective date. The vote is effective on the first day of the month following the certification of the vote to the Secretary of State.
[PL 1987, c. 342, §19 (NEW).]
5. Repeal or reconsideration. When a municipality has voted to allow or not allow the operation of bottle clubs, the vote is effective until repealed by a new petition and vote as required by this section. No vote may be taken on the bottle club question more than once in any 2-year period.
[PL 1987, c. 342, §19 (NEW).]
6. Unincorporated places. The county commissioners, after holding a public hearing, may or may not allow the operation of bottle clubs in the unincorporated place.
[PL 1987, c. 342, §19 (NEW).]
SECTION HISTORY
PL 1987, c. 342, §19 (NEW).