Maine Revised Statutes Title 28-A Sec. 163 – B.Y.O.B. function permit
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1. Permit required. A person may not hold a B.Y.O.B. function unless a permit is obtained from the bureau. The bureau may issue a permit that authorizes multiple B.Y.O.B. functions over a period of 12 months as long as the B.Y.O.B. functions are held at the same location.
[PL 2015, c. 106, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 163
- 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
- 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.
- 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 as defined in Title 17?A, section 2, subsection 3?C. 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
- Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2
- 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
- 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
2. Application. A person must apply for a B.Y.O.B. function permit at least 24 hours prior to the proposed B.Y.O.B. function. The application must be on forms provided by the bureau and must be accompanied by a permit fee of $10 for each day the function is to be held. The application must be signed by the B.Y.O.B. sponsor and must contain the following information:
A. Name and address of each person responsible for the B.Y.O.B. function; [PL 1993, c. 266, §5 (NEW).]
B. The date and the beginning and ending time of the B.Y.O.B. function; [PL 1993, c. 266, §5 (NEW).]
C. The location where the B.Y.O.B. function is to be held; [PL 1993, c. 266, §5 (NEW).]
D. The seating capacity of the location; [PL 1993, c. 266, §5 (NEW).]
E. Written approval of the municipal officers or a municipal official designated by the municipal officers, for the B.Y.O.B. function to be held at the location within the municipality; and [PL 1993, c. 266, §5 (NEW).]
F. Proof that the B.Y.O.B. sponsor is at least 21 years of age. [PL 1993, c. 266, §5 (NEW).]
[PL 1997, c. 373, §36 (AMD).]
3. Charges and fees. Charges paid by the general public for admission, food, mixers or other supplies used with liquor or storage or handling of liquor that belongs to the general public are not sales or gifts.
[PL 1993, c. 266, §5 (NEW).]
4. Minors prohibited at B.Y.O.B. function. The B.Y.O.B. sponsor may not allow any minor not employed by the B.Y.O.B. sponsor or not accompanied by a parent, legal guardian or custodian, as defined in Title 22, section 4002, to remain at the premises of a B.Y.O.B. function.
A B.Y.O.B. sponsor may employ a minor only if the sponsor is present in a supervisory capacity.
[PL 1993, c. 266, §5 (NEW).]
5. Possession or consumption by minors. A B.Y.O.B. sponsor may not allow a minor to possess or consume liquor or imitation liquor on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
6. Consumption by intoxicated persons. A B.Y.O.B. sponsor may not allow a visibly intoxicated person to consume liquor on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
7. Violation of the state law. A B.Y.O.B. sponsor may not knowingly allow any violation of any state law on the premises of the B.Y.O.B. function.
[PL 1993, c. 266, §5 (NEW).]
8. Right of access. A B.Y.O.B. sponsor shall allow a law enforcement officer to enter the premises of the B.Y.O.B. function at reasonable times for the purpose of investigating compliance with this Title.
Entry into the premises must be conducted in a reasonable manner so as not to disrupt the operation of the B.Y.O.B. function.
The investigation must be limited to those areas involved in the actual operation of the B.Y.O.B. function, including storage areas.
[PL 1993, c. 266, §5 (NEW).]
9. Violations. The following penalties apply to violations of this section.
A. A B.Y.O.B. sponsor that violates this section 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, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. A B.Y.O.B. sponsor that violates this section 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, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. A B.Y.O.B. sponsor that violates this section 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, §2 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. P, §2 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1993, c. 266, §5 (NEW). PL 1997, c. 373, §36 (AMD). PL 2003, c. 452, §P2 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2015, c. 106, §1 (AMD).