This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Maine’s Liquor Authority

Maine’s Liquor Authority:

• The State of Maine’s liquor authority is the Department of Public Safety, Liquor Licensing and Compliance Division.

• The phone number for the Liquor Licensing and Compliance Division is (207) 624-7220.
• The website for Maine‘s Liquor Licensing and Compliance Division is: www.maine.gov/dps/liqr/index.htm
• The Maine Legislature is the body responsible for enacting the state’s alcohol laws.
• All liquor licensing and compliance staff as well as local law enforcement have the right to inspect the premises of a licensee as well as review records at any time.

If a licensee or an employee violates one of Maine’s liquor laws, the Liquor Licensing and Compliance Division could possibly:

• Hold both the licensee and the employee administratively liable.
• Suspend the establishment’s license.
• Revoke the establishment’s license.
• Fine the licensee up to $1,500.00.
• Fine the employee up to $1,500.00.

Maine’s Liquor License

Under Maine State Law:

• A liquor license will be granted for a period of six years.
• Located under the great seal on a license is a two-digit code, which indicates where the license was obtained.
• Licensees must uphold all the liquor laws for the state of Maine.
• Licensees must also be knowledgeable of and abide by any local ordinances as well.
• Licensees are prohibited from allowing an obviously intoxicated individual to purchase or consume alcohol or to remain on the establishment’s premises.
• Licensees are prohibited from selling or serving alcoholic beverages to a minor or allowing a minor to possess or consume any alcoholic beverages.
• All licensees must have food available during the service of alcoholic beverages.
• Licensees classified as restaurants must sell 10% in food.
• Restaurants or restaurant/lounges classified as Class A must sell a certain amount of food based on the population of the community in which they are located. Class A restaurants must offer full course meals during all the hours of alcohol service. Class A restaurant/lounges may offer a menu of light fare after 9pm.
• It is illegal for a licensee to offer rebates, free merchandise or gifts based on the purchasing of alcoholic beverages.
• A licensee may display one sign on the outside of the establishment and one sign inside the establishment that can be seen from outside advertising the fact that alcoholic beverages are available.
• All licensees are to maintain separate records recording all purchases of alcohol for two years. On-premise licensees must also maintain records of their alcohol sales for two years. These records may not be combined with the other business transactions of the establishment.
• All licensees should maintain all licenses or permits from other governmental agencies current and up-to-date.
• Licensees must display or post their licenses for public viewing within the area where the alcoholic beverages are sold.
• Licensees should submit their renewal applications at least thirty days in advance of their licenses expiring to allow enough time for processing. Before submission of an on-premise retail license renewal, the licensee must first have the approval of the commissioner for the city, town or county in which the establishment is located. Renewal applications must be completely filled out and must include any required fees.

• Should an establishment go out of business or be sold, the establishment’s license should be sent back to the Liquor Licensing and Compliance Division. Any new owner of the establishment must apply for a liquor license on their own.

• A licensee must purchase all malt and wine beverages from the wholesaler who retains the distribution rights for the area in which the establishment is located. A licensee should purchase spirits from an approved agency store that has a basic permit from the federal government as well as a resale permit form the state.

Licensees are prohibited from:

• Serving more than 2 drinks to an individual at one time.
• Delivering or offering any free alcoholic beverages.
• Selling or serving an unlimited amount of drinks for a fixed price. An exception to this is a private function that the public does not have access to.
• Conducting drinking contests or games.
• Awarding drinks as rewards for games or contests.
• Encouraging their customers to drink to the point of excess.

Licensees may:

• Offer happy hour.
• Provide free food or entertainment for their customers.
• Charge a higher price for drinks while entertainment is being offered.
• Charge a lower price for drinks for a private party.
• Charge various rates for the same alcoholic beverage in different rooms of the establishment.
• Offer a meal package that includes an alcoholic beverage.
• Provide room service (if a licensed hotel).

The service hours for alcoholic beverages are:

• Monday –Saturday from 6am to 1am, on Sunday (where allowed) from 9am to 1am and during regular business hours on any election day. (Sunday sale violations occur between 6-9am. Sales before 6am are considered to be after-hours sales on Saturday.)
• If New Year’s Eve falls on a Sunday, alcohol may be sold from noon to 2am. If New Year’s Eve falls on a Sunday in a dry town that normally allows alcohol sales during the week, then alcohol may be sold from 9pm to 2am. 
• Consumption and possession of alcoholic beverages may not occur after 1:15am with the exception of January 1^st when consumption must end by 2:15am. (Employees may be in possession of alcoholic beverages as they are cleaning up.)                      

Licensees must obtain an affidavit (available through the Liquor Licensing and Compliance Division) along with an employment application from everyone applying for employment at the establishment. The affidavit must state that within the past five years, the person seeking the job has not been found guilty of:

• Unlawfully selling alcoholic beverages.
• Unlawfully providing or selling alcoholic beverages to minors.
• Unlawfully permitting minors to consume alcoholic beverages.
• Unlawfully serving alcoholic beverages to an obviously intoxicated person.

Identification

Acceptable forms of identification in Maine are:

• State Drivers License (50 States)
• State ID Card (50 States)

The Liquor Licensing and Compliance Division will prosecute those individuals who try to use an altered or false form of identification but require that the following information be furnished to them (along with the confiscated ID) by the licensee:

• The reasons for why the ID card was confiscated.
• The name and address of the establishment where the ID card was confiscated.
• The name and address of the employee who confiscated the ID card.
• The date and time at which the ID card was confiscated.
• Any reasons for why the ID card was confiscated.
• Any information as to how the ID card had been altered.
• Confirmation that the picture shown on the ID card is that of the person trying to use the ID card or if it was presented by someone else.  
• Any other additional information that may be helpful.

Maine’s Laws Regarding Age

Maine’s laws regarding age:

• A person must be at least 21 years old to purchase or consume alcohol.
• A person who is 17 to 20 years old may serve or sell alcohol in an establishment that holds a valid liquor license only under the supervision of an adult.
• A minor who is 15 years old or older may be employed by a licensee to perform such duties as: stocking coolers and shelves, placing beverage alcohol in a bag, or bussing alcoholic beverages off of tables. (Licensees may want to check with the Federal Department of Labor for any additional requirements with regard to the employment of minors.)
• Minors under the age of 15 are prohibited from handling beverage alcohol in any manner.
• During an establishment’s business hours, there must be at least one employee on duty who is at least 21 years of age.
• Minors are prohibited from entering taverns, hotel lounges that do not offer food and Class A lounges. Exceptions are when they are in the company of a parent, legal guardian or custodian or if they work on-site for the establishment.
• A minor may not try to possess or consume any alcoholic beverages under any circumstances.
• It is prohibited to sell an imitation alcoholic beverage to a minor.
• Before a licensee and their employees may provide, sell, deliver or give alcohol or imitation alcohol, they must first verify the age of the person if that person is under the age of 27.

Under the following circumstances, a minor may possess or consume alcohol:

• The minor is served by their parent or legal guardian in their own home and while in the presence of their parent or legal guardian.
• If the alcohol is for religious purposes at a religious ceremony.
• If the alcohol is for medical purposes and the minor has a prescription by a licensed physician.

The penalty for a licensee’s agent or employee serving or selling alcohol to a minor is:

• Possible summons before a District Court.
• Possible fine up to $500.00.

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The Maine Liquor Liability Act

The purpose of The Maine Liquor Liability Act is to:

• Prevent injuries, damages and deaths associated with intoxication.
• Encourage the responsible service of alcohol.
• Allow a basis for pursuing compensation for damages associated with intoxication-related occurrences.

Under The Maine Liquor Liability Act, a person can be held liable if they:

• Were negligent or reckless and served an obviously inebriated individual.
• Were negligent or reckless and served a minor.

Under The Maine Liquor Liability Act, a person can be sued if they:

• Serve alcohol to a minor who then becomes inebriated and causes harm, injury or death to another person due to the intoxication.
•  Serve alcohol to an obviously inebriated individual who then causes harm, injury or death to another person due to the intoxication.

Under The Maine Liquor Liability Act, the following parties have the right to sue:

• The injured party.
• The estate of the injured party.
• The minor who was served (so long as the minor was 17 years old or younger at the time of service).

Please note: The party filing suit must provide a written notice to the other party stating their intent to bring legal action within 180 days. If unable to do so, they must show good cause for why they could not.

Under The Maine Liquor Liability Act, the Statutes of Limitations for which lawsuits must be filled:

• Is two years.

Under The Maine Liquor Liability Act, the following limit on damages apply:

• $250,000.00 plus any medical costs and costs for treatment.

Under The Maine Liquor Liability Act, the party suing must:

• List the minor or inebriated person involved in the incident as a defendant.
• List the server involved in the incident as a defendant
• List any additional parties involved in the incident as a defendant

Under The Maine Liquor Liability Act, “several liability” and not “joint liability” applies as follows:

• Several different parties may be named as defendants in the lawsuit with each party, if they are found guilty, being responsible for their own percentage of the damages as it applies to their involvement in the incident.

If a lawsuit is brought under The Maine Liquor Liability Act:

• Evidence may be submitted in court regarding any educational courses or training courses that the server may have participated in.

The Maine Liquor Liability Act gives a server the right to refuse service to:

• Anyone who looks to be a minor.
• Anyone who seems to be inebriated.
• Anyone who cannot provide proper identification.

Under The Maine Liquor Liability Act, a licensee and their employees:

• May hold an ID for a reasonable amount of time in an effort to determine the individual’s age.
• Must give the individual the reasons as to why they are retaining the ID.

Additional Notes:

Credit Sales – A licensee may accept credit cards for purchases of alcoholic beverages. However, it is illegal for a licensee to extend credit to a customer for the purpose of purchasing alcoholic beverages. A customer may only run a tab if all purchases of alcoholic beverages are paid for prior to vacating the premises. Running a tab for a customer and allowing the customer to pay at a later time after the customer has left the premises is prohibited. Should a licensee violate the law and extend credit, they would have no legal right to collect the money due to them. Exceptions to this law would include hotels or clubs that allow their registered guests or members to charge purchases to their accounts as well as hotels or Class A restaurants that allow the host of a prearranged function to be billed for services. 

Clubs – A club is only permitted to serve or sell alcoholic beverages to its members, guests of their members, visiting members of the same organization and guests of visiting members. Guests of members may only be served when the member is on premises with them. It is required that the club maintains a register of all of its members. Clubs are prohibited from selling or serving alcoholic beverages at functions where an admission fee was charged or at a function where the general public can gain access. A Class V club is only permitted to cater on-premises while a Class I club is permitted to cater on or off-premises.

Catering – The following types of licensees may apply for an off-premise catering permit: Hotels, Bed & Breakfasts, Class A Restaurants, Class A Restaurant/Lounges, Class A Lounges, and Class I Clubs. However, before applying to the Bureau of Liquor Licensing and Compliance, approval must first be granted by the community in which the licensee wishes to conduct an off-premise catered event.

ADDENDUM: MAINE’S DRAM SHOP LAW

Chapter 100: MAINE LIQUOR LIABILITY ACT (HEADING: PL 1987, c. 45, Pt. A, @4 (new)) §2501. Short title

This Act shall be known and may be cited as the "Maine Liquor Liability Act." [1987, c. 45, Pt. A, § 4 (new).] PL 1987, Ch. 45, §A4 (NEW).

§2502. Purposes

1. Primary legislative purpose. The primary legislative purpose of this Act is to prevent intoxication-related injuries, deaths and other damages among the State’s population. [1987, c. 45, Pt. A, § 4 (new).]

2. Secondary purposes. The secondary legislative purposes are to:

A Establish a legal basis for obtaining compensation for those suffering damages as a result of intoxication-related incidents in accordance with this Act; [1987, c. 45, Pt. A, § 4 (new).]

B Allocate the liability for payment of damages fairly among those responsible for the damages, which will encourage liquor liability insurance availability; and [1987, c. 45, Pt. A, § 4 (new).]

C Encourage all servers of alcohol to exercise responsible serving practices. [1987, c. 45, Pt. A, § 4 (new).] [1987, c. 45, Pt. A, § 4 (new).] PL 1987, Ch. 45, §A4 (NEW).

§2503. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1987, c. 45, Pt. A, §4 (new).]

1. Intoxicated individual. "Intoxicated individual" means an individual who is in a state of intoxication as defined by this Act. [1987, c. 45, Pt. A, § 4 (new).]

2. Intoxication. "Intoxication" means a substantial impairment of an individual’s mental or physical faculties as a result of drug or liquor use. [1987, c. 45, Pt. A, § 4 (new).]

3. Licensee. Notwithstanding section 2, subsection 14, "licensee" means any person to whom a license of any kind is issued by the commission and any person who is required to be licensed to serve liquor. [1987, c. 45, Pt. A, § 4 (new).]

4. Nonlicensee. "Nonlicensee" means any person who is neither a licensee nor an employee or agent of a licensee and is not required to be licensed under this Title. [1987, c. 45, Pt. A, § 4 (new).]

5. Server. "Server" means a person who sells, gives or otherwise provides liquor to an individual. [1987, c. 45, Pt. A, § Title 28-A, Chapter 100, MAINE LIQUOR LIABILITY ACT (HEADING: PL 1987, c. 45, Pt. A, @4 (new). Text current through the 122^nd Legislature, Second Special Session (July 30, 2005), document created 2005-10-01, page 1. 4 (new).]

6. Service of liquor. "Service of liquor" means any sale, gift or other furnishing of liquor. [1987, c. 45, Pt. A, § 4 new).]

7. Visibly intoxicated. "Visibly intoxicated" means a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual which clearly demonstrates a state of intoxication. [1987, c. 45, Pt. A, § 4 (new).] PL 1987, Ch. 45, §A4

(NEW).