Maine Revised Statutes Title 28-A Sec. 161 – Bottle clubs
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1. Registration. Each bottle club, as defined in section 2, subsection 3, shall register annually with the bureau on forms provided by the bureau. Registration consists of submission of the information required in paragraph A and payment of the registration fee established in paragraph B.
A. The information each bottle club is required to submit consists of only the following:
(1) The name and address of each owner of the bottle club;
(2) The name and address of each operator of the bottle club; and
(3) The regular hours of operation. [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. The annual fee for registration of a bottle club is $50. [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. [PL 2003, c. 452, Pt. P, §1 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
A bottle club that does not register with the bureau commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2003, c. 452, Pt. P, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 28-A Sec. 161
- 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
- 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
- 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.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- 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
- Minor: means a person who has not reached the age of 21 years. 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
1-A. Eligibility qualifications. The bureau may not register a bottle club unless each owner or operator of the bottle club meets the eligibility qualifications under section 601, subsection 1.
[PL 1997, c. 373, §34 (AMD).]
1-B. Disqualification. The bureau may not register a bottle club if the bureau determines that:
A. An owner or operator of the bottle club is disqualified from receiving a liquor license under section 601, subsection 2; or [PL 1993, c. 730, §23 (AMD).]
B. [PL 1993, c. 730, §24 (RP).]
C. The purpose of the application is to circumvent the eligibility or disqualification provisions of section 601. [PL 1989, c. 816, §2 (NEW).]
The bureau shall notify each owner or operator of the bottle club in writing of its decision to approve or deny registration of the bottle club under this subsection. The decision of the bureau to approve or deny registration of a bottle club is final agency action.
[PL 1997, c. 373, §35 (AMD).]
1-C. Penalty for operation after denial. Notwithstanding subsection 1, paragraph C, a person who operates a bottle club after receipt of notice of denial of registration under subsection 1?B commits a Class D crime. Violation of this subsection is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2003, c. 452, Pt. P, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
2. Charges and fees. Charges paid by the bottle club’s members or the general public for membership, admission, food, mixers or other supplies used with liquor or storage or handling of liquor belonging to members or the general public are not sales, as defined in this Title, or gifts.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3. Minors on the premises.
[PL 2003, c. 452, Pt. P, §1 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
3-A. Minors on premises. A bottle club may not allow a minor not employed by the bottle club or not accompanied by the minor’s parent, guardian or custodian, as defined in Title 22, section 4002, to remain on the bottle club premises, except on occasions when liquor is prohibited on the bottle club premises. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3-B. Employment of minors. A bottle club may employ minors only if an employee of legal drinking age or older is present in a supervisory capacity.
[PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Consumption or possession on premises. A bottle club may not permit consumption or possession of imitation liquor on the bottle club premises by minors. A bottle club may not permit consumption of liquor on the bottle club premises by minors or visibly intoxicated persons. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
5. Violation of state law. A bottle club may not knowingly allow any violation of any state law on the bottle club premises to occur or continue. The following penalties apply to violations of this subsection.
A. A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 452, Pt. P, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
6. Jurisdiction. The District Court has jurisdiction over the civil violations, defined in this section, under Title 17?A, section 9.
[PL 2003, c. 452, Pt. P, §1 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]
7. Right of access. A bottle club shall allow law enforcement officers to enter the bottle club premises at reasonable times for the purpose of investigating compliance with this Title.
A. Entry into the bottle club premises under this subsection must be conducted in a reasonable manner so as not to disrupt the operation of the bottle club. [PL 2021, c. 658, §64 (AMD).]
B. The investigation must be limited to those areas involved in the actual operation of the bottle club, including storage areas. [PL 2003, c. 510, Pt. E, §5 (RPR).]
C. The following penalties apply to violations of this subsection.
(1) A bottle club that violates this subsection commits a civil violation for which a fine of not less than $100 and not more than $300 may be adjudged.
(2) A bottle club that violates this subsection after having previously violated this section commits a civil violation for which a fine of not less than $200 and not more than $500 may be adjudged.
(3) A bottle club that violates this subsection after having previously violated this section 2 or more times commits a civil violation for which a fine of $500 may be adjudged. [PL 2003, c. 510, Pt. E, §5 (RPR).]
[PL 2021, c. 658, §64 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1989, c. 816, §§1,2 (AMD). PL 1993, c. 266, §4 (AMD). PL 1993, c. 730, §§23,24 (AMD). PL 1997, c. 373, §§33-35 (AMD). PL 2003, c. 451, §T10 (AMD). PL 2003, c. 452, §P1 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 510, §E5 (AMD). PL 2021, c. 658, §64 (AMD).