Maine Revised Statutes Title 28-A Sec. 1072 – Clubs
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1. Issuance of licenses. The bureau may issue licenses under this section for the sale of spirits, wine and malt liquor to be consumed on the premises to clubs, as defined in section 2, subsection 15, paragraph D.
[PL 1997, c. 373, §99 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 1072
- 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
- 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
- Club member: means a person who, whether as a charter member or admitted in accordance with the bylaws of the club, is a bona fide member of that club and who maintains membership in good standing by payment of dues in a bona fide manner in accordance with bylaws and whose name and address are entered on the list of members. 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
- 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
- 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
- sell: means any transfer or delivery of liquor for a consideration. See Maine Revised Statutes Title 28-A Sec. 2
- Spirits: 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
- 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
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Requirements. Except as provided in subsection 3, for at least one year immediately before filing the application for a license, a club must have:
A. Been in continuous operation and existence; [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Regularly occupied as owner or lessee a suitable clubhouse or quarters for use of club members; [PL 2021, c. 658, §188 (AMD).]
C. Held regular meetings; [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Conducted its business through officers regularly elected; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
E. Charged and collected dues from club members. [PL 2021, c. 658, §188 (AMD).]
[PL 2021, c. 658, §188 (AMD).]
3. Exception to one-year requirement. Any organization in the State having a charter from a national organization is exempt from the one-year requirement of subsection 2 if it has been established for not less than 3 months.
[PL 1993, c. 730, §44 (AMD).]
4. Register of club members. Every club shall keep and maintain a register of the name, identity and address of each club member. The club shall allow any liquor inspector or other authorized agent of the bureau to inspect the register at any reasonable time.
[PL 2021, c. 658, §189 (AMD).]
5. Sale of liquor only to club members and guests; exception. Except as provided in paragraph A or B, licensed clubs may not sell liquor to anyone except club members and their guests accompanying them.
A. Licensed veterans’ and fraternal organizations and social clubs may sell liquor to members of the same national or affiliated international organization and to members of auxiliaries of the same national or affiliated international organization and their guests accompanying them. [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. At the discretion of and by agreement with the bureau, a licensed veterans’ organization may, subject to time-of-day and seasonal limitations defined at the time of license approval, sell liquor to the public if the organization has a valid license and is located on an island off the coast of the State that is provided with ferry service pursuant to Title 23, Part 6 and Title 35?A, chapter 51. When a licensed veterans’ organization sells liquor to the public pursuant to this paragraph, the premises at which the liquor is sold are deemed a public place for purposes of Title 22, chapter 262 during the time the public is invited or allowed to be present, and smoking, as defined in Title 22, section 1541, subsection 6, is prohibited during that time. [PL 2021, c. 658, §190 (AMD).]
[PL 2021, c. 658, §190 (AMD).]
6. Sales in original containers forbidden. A club may not sell spirits in the original container.
[PL 2021, c. 658, §191 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §96 (AMD). PL 1993, c. 730, §44 (AMD). PL 1997, c. 373, §99 (AMD). PL 2019, c. 44, §1 (AMD). PL 2021, c. 658, §§188-191 (AMD).